Amador ledger., 1909-11-12
THE INJUNCTION SUIT
AGAINST DISPATCH
Full Text of Opinion of Court that
penry, sr., Is not Interested in
City printing Contract.


This is a proceeding inaugurated by
Richard Webb, as taxpayer of the
city of Jackson, to enjoin the defend
ant, who is treasurer of said city, from
paying the claim of the Amador Dis
patch, for certain printing done and sup
plies furnished such city, the claim for
which has been duly audited and al
lowed by the board of trustees, and a
warrant therefor drawn upon the de-
Fendant treasurer.
The said printing was done and the
supplies furnished under and pursuant
to a contract awarded by the board OF
trustees on March 4, 1909, to furnish
such printing and supplies and after
competitive bidding, at which William
Penrv .Jr., was declared to be the lowest
bidder.
II is claimed by plaintiff that such
contract is illegal and void upon four
grounds:
|. That at the same time said con-
tract was awarded and said supplies fur
nished William Penry Sr. was mem
Der of the board of trustees OF such city,
and was the owner and proprietor of the
printing Office plant and premises in
which said printing was done.
2. That said contract was entered in
to by and in the name OF William Penry
.Jr. for the express purpose of evading
the law, which forbids an official of the
municipality from being interested in
any contract with it.
8 That at the time said contract was
awarded and said printing and supplies
furnished said William Penry Sr., was
the proprietor and publisher of said
Amador Dispatch.
A. That at the time said contract was
awarded and said printing and supplies
furnished said William Penny Sr was
ar ernploye OF said William Penry Jr.
at said printing Office.
1t has been the settled law of this
state ever since Berka and Woodward
l25 Cal. 49, that no recovery can be had
upon a contract, either express or i'm.
Piled with a municipality when any
official thereof is interested in such
contract And by Sec II of the Penal
Code any violation of this law by such
official is punishable by a fine of not
more than one thousand dollars or by
imDrisonment in the state prison not
more than five years, and is forever dis
qualified from holding any Office in this
state.
In order to establish the allegations of
his complaint plaintiff produced as wit
nesses in his own behalf William Penny
Sr. and William Penry .Jr., and it is
upon their testimony that this case is
cast. The testimony of these witnesses
at the trial in brief was That William
Penry Sr. for many years past had been
the owner of the printing office and
plant and upper story of the building
where the supplies that form the subjecl
of this controversy we're printed that
since Jan. 5, 1906, the Office, plant and
building have peen rented by him to
William Penry ,Jr for a fixed, definite
amp certain rental, payable monthly and
not dependent or subject to any condi-
ton whatever, and that since that time
William Penny Jr. has been the sole
proprietor and manager of the Amador
Dispatch, and is entitled to, and has re-
ceived all the earnings and profits and
is the sole manager of the business;
that said lease and agreement made be-
tween Penny Sr. and Penry Jr. was not
made for the purpose of eyading the law
prohibiting a city Official from being in
terested in a contract with the city
that William Penry Sr. has moi been
the proprietor of the paper or manager
of the printing business since Oct. or
NOV. 1895, when he made a contract OF
sale of the paper and plant to Mr. Rust,
except during a period of about two
months in the latter part of 1908, when
on account Of Mr.. Rust's inability to
make the payments on the contract
Pcnry Sr assumed the management OF
the paper and plant until he leased it tc
Penry .Jr as aforesaid; that Penny Sr.
has been employed since Jan. 1906, by
Penny Jr. in doing the binding, number
ing and stitching books, and also th(
press work on Fridays, at fixed ans
definite salary not dependent upoy
commi issions or pro rata and not yarieC
since his employment; that he in no
Interested 10 the value of cent il
either the contract with the city or tht
claim for supplies furnished upor