The record-union., 1898-10-12
GREAT REGISTER PRINTING.
MUST SUPERVISORS ADVER.
TISE FOR BIDS?
Judge johnson Hears Arguments
and Will Decide This
Morning.

The mandamus proceedings OF En-
NETT Phillips against the Board OF Su-
pervisors to compel them to adVerrlse
for bids for printing the Great Regis
ter were heard before Judge johnson
yesterday.
J. Charles Jones acted as counsel for
the board, w. H Devlin as counsel Tor
d. Johnston & Co, the contractors, ana
"A. NJ. Seymour and Clinton l.. White
for the complainant.
Mr.. Devlin read Section 4O64 OF the
Political Code, which provides that the
Board of Supervisors shall have the
Great Register printed lat reason
able charge" while Section 4U4i pro-
vides that all the county printing must
be done by advertising for the loWest
bidder. He held that Section 4O04,
having been adopted subsequent to
Section 4047, clearly showed that 1t
was the intention Of the Legislature
that the printing Of the Great Register
should be exempted from the general
provision in rgard to the county print
ing. The law provides that the reg
lister should be printed within sixteen
days Of the time when it is put into the
hands of the printer, and the time is too
short; in case the printer does not per-
form his contract, for the board TO look
elsewhere. 1t is only for few years
past that the law regarding the Great
Register has been changed. Before
that, the law stood so that persons IN
other parts Of the State, or even out
side of the State, could bid and get the
contract for printing the register.
Judge Johnson asked if the board
could not proceed on the bond Of the
contractor in case he did not get the
printing done in time, and collect dam
ages from him.
Mr.. Devlin replied that they could,
but that such proceeding would be no
adequate remedy for the people, who
would be deprived Of their right Of
voting at the election, as in that case
no election should be held. The law
regards the deprivation Of one indi-
yidual Of his right to exercise suffrag
as far more important than the matter
of advertising for bids. The board is
supposed to know whom thev can
safely trust to print the Great Regis
ter and have it done at the proper time
If a bidder does not do the work in
the proper time, the forfeiture of his
bond would be a small matter in COM
parison with the deprivation to elec-
tors that would ensue
Two years ago the board advertised
for bids and a San Francisco firm was
the lowest bidder and after the con-
tract was awarded to it, it refused to
do the work Did the board advertise
again? No, there was no time and il
was glad to get the printing done by
contract
Mr.. Devlin read from the decision Of
the Supreme Court in +he case of the
County Clerk against the Board Of
Supervisors, in regard to the printing
Of the Great Register. in which the
court held that the board had the
right to have the Register printed
This, he said, is a question of getting
the Register printed and not a ques-
ton Of collecting damages after the
people were disfranchised, for which nc
adequate damages could be collected
He quoted from the County Govern
ment Act and from various decisions
to show that Section 1864 stood alone
and placed the printing Of the Great
Register in the hands of the Supervis-
ors, Independent Of the provisions of
the other sections in regard to the
county printing. He also held that de-
cisions of the Supreme Court establish
the doctrine that the County Govern
ment Act is superior to the sections Of
the Political Code where they are in
conflict.
There is another question to be con-
sidered in this proceeding. If this
mandate is enforced, it is very doubtful
If the Great Register can be printed in
time for the election. II seemed &c
him that the plaintiff in this case had
not proceeded promptly when he first
had knowledge in this matter and the
time is now too short TO change the
mode Of action of the board. He
thought the Legislature had consid-
cred these matters and that the coun-
ty government bill was superior, first
because 1t was an attempt 10 frame &
law for the government OF county mat
ters and, second, that it was passed
subsequent to the passage Of the othel
sections. The court has discretion II
a case Of mandate and he did not thint
it would wish to take action whicl
would demand an irnpossibillty or ore
vent an election being held.
So far as the price for printing thi
F. Register is concerned, he was prepared
TO show that 1t was a reasonable on'
and was lower than that paid for th'
work two years ago.
He also claimed that this actor
should not be brought against tn
Board Of Supervisors, but should haV'
been brought against the Board o
Election Commissioners, the two offices
being distinct.
Judge Johnson said that If the Su
pervisors had acted as a Board of Elec
ton Commissioners, they had exceed
ed their Jurisdiction and were uabl
to penalties.
Mr.. Devlin said that the Board o
Election Commissioners had been de
clared unconstitutional Where per
son holds two offices. he cannot b
punished as an officer in one for wha
he does as another. The Auditor can
not be made answerable as such 70
what he does as Recorder
Mr. Devlin explained that Section
1919 and 1915 Of the Political Cod
were parts of the same Act. The Act
he claimed, was entirely different from
the County Government Act, as in
there was no classification Of countie
or cities and counties. He read tn
section providing that when the Coun