Broderick

Petitioner brought mandate against the respondent. A general demurrer was sustained to his petition, and he appeals from the judgment, thereafter entered. Petitioner did certain street work upon a street of the city and county of San Francisco, in front of Alamo square, the property of the *140 city. The cost of this particular piece of work is chargeable against and payable out of the funds of the city. The contract, however, was awarded without competitive bidding. Upon this ground the auditor refused to allow the demand, and it was upon this ground that the trial court sustained his general demurrer to the petition. The question involved is that of the power of the city and county of San Francisco to make a private contract, without competitive bidding, for street work in front of the lands owned by it.

The consolidation act of the city and county of San Francisco (Stats. 1856, p. 145) provided for the improvement of the public streets and highways of San Francisco. It made provision for the doing of street work by the municipality in front of the property owned by it, but it declared that such contracts should be let to the lowest bidder. (Stats. 1856, see. 38, p. 156.) This…