The San Francisco call., 1898-06-03
Undertaken Kelly Fights <. .:. Supervisors.
HIS ATTORNEY FILES A BRIEF
DECLINES TO HAVE HIS BID -..,..*. THROWN OUT.
Some Strong Reasons Given Why : He Should Be Allowed to
 Bury the. Indigent *~ Dead.

It would seem that Edward Kelly. the. undertaken, whose bid to bury the indi- gent dead was thrown out by the Board of Supervisors on two occasions, does not intend to abide by their. action, but pro- poses to fight diligently in the hope of securing his just rights.
 Through his attorney, John ". Bour- dette he has filed an interesting letter and brief with. City and County Attorney :. Creswen, whose opinion has been asked by the Supervisors on the subject, and which sets" forth strongly views with reference to awarding the contract ana strenuously objects to the abuse of dis cretion and the unjust discrimination on the part of the Supervisors in the matter.
 Following is a portion of the communi- cation: : SAN FRANCISCO, June ?, 1898
 :. Fl. T. Creswell, City and county AttorneX'. New city Han. Ctt!-Dear Sir: AS ;,il the at torney of Edward Kelly | request the privilege or presenting to you some facts and authorities on the question Of awarding the contract Tor the burial of the }ndgent dead, which ques- tion I am informed, was referred to you by .6rjer.of the Board of Supervisors of the city and county .of. San. Francisco for your opinion. Some objections have been made against awarding said contract to. Edward: Kelly, the lowest bidder, or the ground that he has not ent aged in the undertaking business ln tnls city and county and conducting said business in a reputable manner for period of at least six months immediately preceding the date ot advertising said proposal: . ;. - Under resolution No Is 2s1 third series, the Board of Supervisors did advertise for bids in conformity with said resolution, and in pursu- ance thereof said Edward Kelly did make and file his bid and asked to be awarded said con :. tract. Upon the. respective bids being opened by the Committee on Health and Police 1t was found that only two bids, namely, the bid of the Pacific Undertaking Company in the sum Of SIS 50 and that of Edward Kelly in the sum Of S6 65 had been filed. Said committee, upon and on behalf of said. Pacific; Undertaking Company against awarding the contract 10 Edward kelly, the lowest bidder, on the ground that he did not come within the re- quirements of said proposal. namely No bids will be considered from any party who has not engaged in; the undertaking business
 in this city and county and conducted said business in a reputable manner for a period of al least six months immediately preceding the date hereof. Thereupon said committee did,
 through it's expert, make an investigation or the business carried on by said Kelly, and said expert did make and file his report. Thereupon . further testimony was introduced on behalf Of said Kelly, showing that he was duly qualified and capable of performing all of the require Tnents of said contract. Said committee there upon elected all bids and readyertised, with the result that Edward Kelly was again the lowest bidder, and he asks that said contract be awarded to him. and states that he is ready and willing to comply with all the re-
 quirements of the board for the faithful per -forfnance of the obligations to: be imposed by virtue of said contract
 MT Bourdette then touches on the legal phases of his clients case, and concluding says: ....'
 - ~. It Is useless for me to call your at
 tention to the law upon the subject. for the reason that 1 am satisfied you will give that
 question the serious consideration. which 1t :: deserves. I.would call your attention to the decision of Judge Belcher rendered in the case of Samuel C. Irving Vs. Board of State Harbor Commissioners. rendered April 23, 1898, and to ;. the. including. portion thereofr.:. :.
 . : Under all the facts and circumstances In this case. am seriously in doubt as 10 whether : or. not the contract awarded under the notice and proposals. as advertised would be valid and binding. l think that the notice is void: upon sfc fa9a fTr 70 ga n ef
 .=. I, trust. that you will give this matter your serious considerations, as l. deem it a very i'm
 portaht point, not alone, in this case, but in other matters: which will come before the board under like circumstances in which the public is deeply interested, - :: :::. :. ..;'- :: Anything further that you may wish to hear. ~ from" me on this subject 1 shall be only too. glad and too willing to furnish you upon your request at any and all times. Yours very . truly. -.-- :. JOHN. ". BOURDETTE.