| Show THE LOWEST BIBBER GETS THE CONTRACT alie commissioners were governed 1 webers opinion the price must not exceed 1212 2 cents per name allson wanted it 6 cents disappointment in the press sanctum at pedal cession ol 01 the coaty commissioners yesterday the question of the publication of the delinquent tax biet was virtually settled the matler has been pending tor bome time and the finally concluded to be governed by an opinion from the conaty attorney which was the opinion which follows in full is a complete justification of the position TUB STANDARD has taken on the matter it provides that while the commissioners have the power to fix the price at which the tax list shall be published it is their moral duty aa servants of the people to for bids and let the contract to the lowest bidder to the board of commissioners gentlemen when I 1 cave a verbal opinion the other day in regard to the publication of the delinquent tax list I 1 said that 22 of tha county government act did not repeal the law as bound on page vol 1 complied laws to wit court ceball after having advertised or lids for the fix the price at which the county shall be supplied with job printist sta bione tione y and blank beoka and also tle price of ell county advertising and the county of county shall procure such supplies and advertise advert ize at a price no greater than is so fixed and shall let the contract to the lowest responsible bidder and all bids shall be certified to the county court ahat the foregoing and the enactment of 1800 could be harmonized reconciled and read together and that you should receive bids fix the price at the lowest bid and the contract at a rate not exceeding the lowest bid since then I 1 have examined numerous authorities which have convinced me against my desires inclinations and my preconceived ideas that my construction of the law would not be sustained by the courts section 22 laws of 1896 page is as follows lol lows the board of county of ech county having a population of or more inhabitants shall annually advertise for at least ten days in a newspaper of general circulation in the county for sealed bids for furnishing the county and its officers for the ensuing year with stationery such advertisement shall specify the kind of stationery to be furnished all bids shall state separately the price of each article of stationery to be furnished in considering such alls the board may accept or reject all or any of them or may accept or reject a part ot any such bids and the successful bidder shall receive no greater for goods furnished than is specified in bis bid board of county commie shall annually fix the price at which the county ahall be supplied with job printing and blank books and also the price of all county advisements and each county officer shall procure such blank books job printing and advertising at a price no greater than is fixed and certify the bill to the board of county commissioners was the county government act intended to cover the whole subject was it the intention of the lenia lature to make a new law all that was intended to be preserved ot the old and omitting what was not so intended to be preserved accepting the dictus of the supreme court of the united stales in murdock vs mayor 30 wallace as a guide and as the proper rule of construction the above questions must b answered in the the part of the new county government act relating to county was copied from the caldorni Cal Korni statute upon the same subject and which was by the supreme court of california held to repeal a law similar to that on page vol 1 of compiled statutes in journal publishing company vs whitney 32 the supreme court of california saye but the new statutory provision of the county government act just mentioned defines the duties of the board of supervisors in bach a the board of supervisors ceball fix the price at which the supplied with job printing 4 and blank books and also the price of al county advertising and each county officer abell procure such blank job printing and advertising at a price no greater than ie so fixed and certify the bills to the board of this changes the rule as in section of the political cd and the board of of their own notion now are to ax the arice of counte advertising such as kere involved without advertising for bids or sealed when that duty is performed by them the tax collector muni procure some to do the advertising not by any bid which may have been made but at the price previously fixed by the board of super ditora in their discretion suh beina the force and effect of the sli tute the tax collector against whom abil pei illon is filed ie not shown to be violating any law in not the in question to be published in the paper of the plaintiff again in maxwell vs board etc 32 1 the court ays this appal taken from a judgment of dismissal of a petition for a writ of bandte mand te after demurrer sustained to eccli petition oo 00 the ground hit it did not contain facts showing a cause of action it depends lor its determination upon the construction to be given to abdi 23 of section 23 of the county government act of 1891 as affecting the of section of the political code e it flood before the passage of the act it has been bield in the cage 0 publishing co vs whitney 32 rep this day decided that the chanty government act repeals much of section pol code aa required the board of supervisors to contract for the publication of the delinquent tax lift by advert liina for sealed proposals to do the and awarding abe advertising of abe lint to abe lowest bidder it Is plain that the legislature intended to make it abe duly ol 01 abe board of supervisors themselves in abe exercise ot a proper discretion to fix abe price of such advertising without iny necessity for giving public notice calling for proposals from those wishing to do euca work but the contract tor advertising ie to be made by the proper officer and for a price not exceeding that fixed by the board of similar decisions have agen rendered by other courts of high standing and I 1 have arrived at the eion that the board need not adverties advert iee for bida that the baard has the power to fix abe price and that after the price baa been determined upon it is abe duty of the collector to award tho publication to paper at a price not exceeding that fixed by the board while the fixing ot abe price seems to bo wholly in the discretion of the board I 1 respectfully suggest that bids ought to be called for in order to procure data for your information if for no other purpose you have the right and I 1 think it is your moral duty to fix abe price at an amount not greater than that oi the lowest bidder and you may fix the price and regardless of altere that may be made such a course would certainly be unfair and unjust to abe taxpayers of the county As servants of abe to the interests of the people abe mem atre of the board owe it to abe taxpayers of weber county to have the list published at abe lowest price at which any newspaper will take it it has been intimated that some pub lishers are willing to do abe work at less than a fair price if that be true abe publishers loss would be the taxpayers gain it is surely no part of your duty to protect odan newspapers from competition with each other very respectfully A J county attorney the regular proceedings of the session were marked by a little tilt between manager thomas of the press and commissioner wilson thomas appeared in behalf of bis paper and said that nil abe commissioners bud agreed to give the press the tax list and in puru aiice of that agreement he had bought paper and made other preparations for print ing abe list wilson called him down by soying that be had not agreed to give abe tax list to abe Pres when thomaa repeated the statement denied it in such vigorous terms that chairman wade was compelled to rap for order wilson then made a that abe maximum price be 5 cents per name or there was no second so he raided it to 10 cents child amended by making the price cents and when the motion was put wade and child voted for it and aileon against it at this point collector was instructed to advertise for bids with the assurance from him that be would award the contract to abe lowest bidder and that in no case would abe price exceed that fixed by abe cene per name after the session mr thomas shifted his begging bulldozing tactics from the commissioners and when abe collector told him that the contract would be let to abe lowest bidder thomas got hot auder abe collar and after aaning he would not bid at all be to go to h 1 during the afternoon the press editor he of the enormous frontier and other press employees swarmed about abe commissi onuis and abe collector in an attempt to see where they got oft at but they soon learned that abe action of the commissioners was final and each assured abe other there was no use crying over spilt milk collector announced last evening that he would ask for bids at once and when all the papers had been given a fair opportunity to present bids the contract would be awarded to abe lowest bidder and eo after much tribulation the vexatious tax list matter will be fettled with much profit to the taxpayers mcclured McC luree magazine tor december will contain an account of hard adventures in getting males nearer the north pole thau any other man it will be written by cyrus 0 adams cf abe new york sun one of the best geographical authorities in abe country and it will be illustrated with portraits of views of his ship within and without and other pictures |
