The San Francisco call., 1898-02-17
Is. San JOSe'S Treasury to Be Looted by Con-
 tractorS2
Judge Kittredge Takes the Case Against Councilmen Under
 AdviSenlent.
Questionable Terms of tho Resolu- ton Awarding the City Street
 Sweeping.
Special Dispatch to The Call.

SAN JOSE, Feb. Assignments in the case of S. E. Smith against the members of the Common Council of San Jose were concluded to-day and the matter was taken under advise ment by Judge Kittredge. This is an application for writ of injunction to prevent the Council from entering into a contract for street sweeping With Nash & McReynolds. It Is charged that if this contract be forced upon the city it will mean the footing of the city treasury to the extent of s4OO0 each year for the period of three years, the life of the proposed contract.
 Some further peculiar things were de- veioped to-day in connection with this matter The form and substance of the resolution, which was in fact the con- tract, differs radically from all pre- vious resolutions passed by the Coun- cil in relation to similar matters. It is so drawn as to avoid the necessity of the Mayor signing contract on be- half of the city and also makes it pos sible for the Council to enter into the contract without the aid or approval of the Mayor This feature alone would indicate that there was job in 1t, even if the bid of Nash & McReynolds were not out of all proportion to all the other bids.
 Generally resolutions of this charac- ter simply award the contract and then authorize the Mayor to enter into a contract with the successful bidder. In this case after the bids were opened the whole matter was referred to the icti nf cilmen Fay and Noting, and this com mittee recommended the action that was subsequently taken by the Coun- cil. This is the resolution which the Council passed by a unanimous vote, which the Mayor vetoed and which the Council has threatened to pass over the Mayors veto:
 Resolved, By the Common Council of the city of San Jose that the contract for sweeping the bitumen streets of the city of San Jose, Cal, be awarded to Nash & McReynolds according to specifications now on file, and that the city of San Jose, Cal, enter into contract with Nash & McReynolds for the term of three years on the terms and conditions in said specifications and notice to bidders and the bid of Nash & McReynolds on file, and that the city does hereby enter into said contract with Nash & McReynolds according to said specifications, notice to bidders and bid, and agrees to pay said Nash & McReynolds the sum of .OO52S2 for each and every square yard during each and every month for the term of three years for streets that to be designated to be swept six times week by the Common Council, and the sum of .002641 for each and every yard during each and every month, for a term of three years, for streets that are to be designated to be swept three times week by the Common Council, less dis count of per centum.
 hny pia nf jnh iu hn6 Qd in the following clause of the specified tions: ''The sweepings from said streets shall be deposited every sweeping night on the lot known as the brick hole,' corner of Seventh and Reyes streets"
 It is common report that the brick hole" is owned by syndicate of gang sters, among them being Johnnie Mac kenzie. The last transfer of the prop erty is not on record, and the reason for not making public the ownership of the property is plain when atten- tion is called to the fact that the dump ing of the sweepings into the brick hole" for the past few years has con- verted what was denounced as a nui- sance into a piece of valuable city property, owned by members of the gang The job in this provision of the specifications is made the more re- prehensible because the sweepings have value and would find a ready sale. The price for sweeping the streets could also be materially lessened if the haul to Seventh and Reyes streets were not made part of the contract. It is estimated by competent men that saving of from $75 to $100 per month could be made for the city by the omis- sion of this provision from the speci- fications.
 When the Council agreed upon these specifications they well knew that they were playing into the hands of John nie Mackenzie and his fellow-gan sters, because tine matter was made the subject of an expose in The Call some weeks ago.
 AS the State law requires that an ordinance must be passed over the Mayors vote within thirty days after the date of the veto to make such or dinance valid, it is expected that Judge Kittredge will render his decision some time before the 3d of March.
 The matter of the electric fire alarm system contract, in which an injunc- tion is also asked against the Council, went over until the morning of Febru- 0rV 2h