Maxwell v. Bd. of Supervisors of Stanislaus Cty.

By the Court, McKinstry, J.: This was a proceeding in the District Court of the Fifth Judicial District, in and for the County of Stanislaus, by writ of certiorari, to review the action of the Board of Supervisors in making and entering into a contract for and on behalf of the County of Stanislaus, with one J. D. Spencer, to do certain County printing for Stanislaus County. On the 9th day of February, 1878, the Board of Supervisors, while in regular session, passed the following resolution:

“ Desolved, That this Board, by, for, and on behalf of said County, do enter into an agreement with the said Spencer, * * that for the period of three years * * after this date all proceedings of this Board, the reports, statements, and advertisements of the. officers of this County, for which the County is liable, be published in the Stanislaus County Weehly Mews, at the following rate, [the rates here follow] the same to be paid for quarterly, out of the general fund of said County not otherwise appropriated.”

Said Board, also at the same time, made and entered of record the following resolutions:

“ Desolved, That no bills for publishing or advertising be allowed by this Board, contrary to the above resolution.

“ That the District Attorney be requested to draw an agreement in conformity with the above resolution, and that the same be signed by the Chairman of this Board and in behalf of the Board.”

[392]Under and by virtue of these resolutions the contract was made, of which the petitioner complains, a copy of which is attached to the petition.

The petition shows that said contract was made by said Board without advertising or giving any notice whatever that said Board would entertain or receive sealed proposals or bids to contract for the County printing of Stanislaus County. And furthermore, that it was made without giving any notice, public or otherwise, that the contract for such printing would be let by the County through its Board of Supervisors, to the lowest bidder, or would be let at all.

When the case was called for hearing, on the return of the writ, the Board, by its counsel, moved to quash said writ, and also demurred to the petition. The motion was denied, the demurrer overruled. Whereupon judgment was entered vacating and annulling the orders and contract set up in the petition. The appeal is from the judgment.