The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-08-13
UPPER SANDUsKY Oct, 6, 1856.
Col. JOSEPH MCCUTcHEoN

AuultOT Oh w yanuoI W.
DEAR SIR.-At your requestI have ex-
an,ined the following documents.
1st. A contract between the Commits
sioners of this county and William Young,
entered intoen the llth of Sept, 1916 for
the erection and completion Of a Court
House by Young on or before the lst of
Ost.. l848, according to ''plan and spe-
ci6cations s"made part of the contract, for
the consideration of $1,000.
Cd. A bond dated Sept. l1th l846,
given by Young with Andrew McElvain,
David Ayres, John A. Morrison Daniel
Tuttle and T. Baird his ,sureties,' in the
penal sum OF $4,000 conditioned for the
faithful performance of the above men
toned contracts.
Sd. An agreement dated July l847 be-
tween the County Commissioners and
John w. Kennedy and John H. Junkins,
which, after reciting that Young had as
signed his contract to his sureties who
had re-assigned it to Kennedy and Junk
ins shall complete the job according to the
original Contracts, and for the original
consideration of $1,000. less the amount
already paid to Young.
4th. A bond Of the same date with the
last mentioned contract given by Kenne-
dy and Junkins with sureties in the..penal
sum of SlO,o 900 and conditioned for the
carrying out of the ,stipulations of their
contract.
5th. A copy Of an order made by the
County Commissioners October 10th, 8.
81, reciting that the Commissioners are
of an opinion that the Construction of the
Court House will have cost when fully
completed in pursuance Of the design re-
ferred to in the written contract subsist
ing between the commissioners and Johr
H. Junkins, far more than the amount
stipulated to be paid, and will be worth
when finished twelve thousand dollars
and ordering that an additional compen.
sation of five thousand dollars be paid on
said contract. j,
This examination has been made with
reference to the question submitted BY
you as to the legality of the extra appro.
priation. in considering which it will be
assumed that the above recited contracts
contain all the agreements entered into
for the erection. and completion of the
Court House.
So far as the present subject is concern
ed the Act of March 9Th, 1881 is identic-
al with the tact establishing boards OF
county commissioners and regulating their
duties'' passed March 18th, 1853 Swans
St. 1870. which provides that the COM
missioners at any stated or extra session
'smay make any necessary order or con-
tracts in relation to the building, finish
ing, and furnishing or repairing the pub
Hc DuH0lngS oectsll. s as
They may also authorize the county
auditor to contract for repairs and i'm.
proyements, not exceeding fifty dollars in
value-Sect, 12.
These sections confer all the powers
possessed by the commissioners in refer
ence to making contracts in relation to
public buildings, and in the absence ofoth-
er Legislation. they might make and charge
the contracts authorised by section IL.
at their own discretion, but this authority
is restricted and the mode of exercising
itfully defined by can Act providing for
the erection Of Public Buildings" passed
March 8. 1885 Swans st. 758. M
Section 4thsof this act provides 'sthat
when the commissioners shall determine
to erect any of the buildings afore-
said" &c., Court House Jail or Pub
lie ofices-or finish repair or alter any
building already erected They may
either receive sealed proposals for the
performance of the labor i. e. or sell the
same at public auction to the lowest bid
der and the person making the best propo-
sails. or the lowest bid Gas the case may
be) shall receive the contract if a proper
person DC. Sect. 9Th provides that be-
fore entering into any such contracts, three
weeks public notice shall be given by ad-
vertisement published in a newspaper, or
put up at FIVE public places in the county
stating the day when the commissioners
will attend for the purpose Of receiving
proposals or bids, and entering into the
contract. It further provides that the
contractor shall give Bond and security for
the performance of his contract. and that
upon, his default the said commissioners
shall have power TO declare the contract
vacated, and shall proceed to make anoth-
er as herein directed.
When these provisions are carefully
considered it will be seen that very little
power is vested in the com
They have no power to make