Nicolson Pavement Co. v. Painter

Citations

• 35 Cal. 699
• 1868 Cal. LEXIS 148

Syllabus

<p>Street Improvements in San Francisco—Power of Board of Supervisors.— The Board of Supervisors of the City and County of San Francisco, in respect to street improvements, have whatever power is conferred by the statutes on that subject, and no other. The power which they possess must be exercised in the mode prescribed by said statutes, and in no other. “ The mode in such cases constitutes the measure of the power.”</p> <p>Idem—Policy of the Statutes on the Subject.—The evident policy of the general law upon the subject of street improvements in San Francisco, as passed in 1862 and amended in 1863, (Stats. 1862, p. 391; 1863, p. 525,) is to secure and protect the persons who are made to pa.y the cost of the improvement from official mismanagement and wanton or reckless exercise of power, by advising them of what is proposed to be done, by enabling them to do the work themselves, if they so elect, and especially by securing the performance of the work by responsible persons and upon the lowest terms. This policy cannot be defeated by the Board of Supervisors, by setting aside the measures which have been provided for its enforcement.</p> <p>Idem.—The Board of Supervisors has no power, in making street improvements, so far as conferred by said statutes of 1862 and 1863, to do any kind of work which, for any cause, cannot be let or contracted for in the mode prescribed in said statutes, or which the owners of the frontage are legally prohibited from performing.</p> <p>Idem—Nicolson Pavement.—Where said Board, while assuming to act under said statutes of 1862 and 1863, advertised for proposals to put down on a street in said city the hficolson pavement, which had been patented under the laws of the United States, and awarded a contract therefor to B., who owned the exclusive right to put down said pavement in said city, and who alone put in a bid for said contract: Held, that the Board exceeded its authority, and the contract was void.</p> <p>Idem—Power op the Board o