Figone

This is an appeal from an order refusing to grant an injunction, restraining the auditor of the city and county of San Francisco from auditing, and the treasurer of said city from paying, a claim of defendant Repetti for the removal of garbage and refuse from the public school buildings and grounds in said city for the month of October, 1908. It is the contention of appellant that the contract entered into by the board of education of said city with said Repetti for the removal of garbage and refuse, and which is the contract under which the claim arose, is void, for the reason that Repetti is not a citizen of the United States, and that section 2 of article XVI of the charter of said city prohibits such contract. The section is as follows: "All deputies, clerks, assistants and other employees of said city and county must be citizens of the United States, and must during their respective terms of office or employment actually reside in the city and county, and must have so resided for one year next preceding their appointment." Repetti was not an employee of the city within the meaning of the section. He was an independent contractor, who procured his contract by making the lowest…

I concur in the judgment and in all that is said in the opinion save as to the matter in the last paragraph. A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on October 29, 1909.