Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-03-19


we're not bound to award the contracts 10 the y
"lowest responsible bidder" but that they I
might, their discretion. select chose pFopo. y
silious which combined al the elements Of
aposibility, experience. capacity and fitness FOR
the trust and undoubtsd pscuniary sbili'y.' !
It Is not eontended that these words are found :
in the section, but it is said their spirit is there
like pervading essence. controlling and modify
ing what would otherwise have exactly an OP-
posing meaning
In my judgement the provision means this
The repairs shall be let 10 the lowest bidder
who will furnish the bond required, such a
bond as shall be deemed ample by the Board
md that this being done, be becomes ''the low
est responsible bidder" 10 the senss R-whieh
.he term is used in the law. His responsibility
is secured, and made manifest, by the giving
Of an acceptable bond. This is the evidence
and test OF responsibility, and from among those
whose responsibility is thus established, the
Board should select the "lOwest."
+ Bat | we're n concede that the word ire
. ,ponsible" has the lalituinous meaning con-
T tended for, still the argument would be with
n me. The law does not say the lowest and
;, most responsible bidder but il says the low
e es! responsible bidder 1t presuppOses sew
d eral responsible bidders; all the bids OF such,
j it directs the Board to receive. In this case 1t
r. did do so. It registered them. 1t was infor-
D. med by the bidders who their sureties were
Sc NoR my p-silicn is that the Board should
ir have awarded The contracts to the lowest a.
a monp these. In other words, that the law re-
o oures they should be awarded 'to the lowest
Of among the responsible bidders or the lowest
he Of the responsible bidders. Any other con.
ii, struction oberates the word lowest from tht
IS section, claim that it is the controlling word
Il, there, to which others must give way, il fneces
1t. sary; though see no such necessity, for Sc
,r. no fficulty in harmonizing the whole sectio
at with this view Of it. | see no occasion to il
"a terpolate the words experience, capacity an
an. 6tuess,' unless it be to interfere with this col
ith struction Of the sentence, ard to sustain Il
So vorite theory under which the frauds l con
plain of have been perperated.
on. Again How can you determine man
nvy responsibility to perform canal contract
the mean on the ground assumed by the Board
aih Clearly thus: if he has been engaged in su
will business, by ascertai,ing how be managed
hit. This being determined By reliable testimon
mi; he question is settled. He is responsible or
n,o IS not. All who approve themselves worth
- >, by this test, are Irresponsible bidders. /
he Board say no, there is another test, co
doe. paison. We will apply that, and make
: selections accordingly. without any regard
nor he amount Of she bid. Need iLquire whe
:. 70 or This is compliance with the law, or whe
r,c,. er il violates it
con. The truth is, that taking the view OF
be- subject contended for by The Board lhey II
ioua no guide at all. The whole matter IS iei'
Was their discretion, as much as though no di
nAu- tions were given in the law to control H. al
advi. discretion which. in this case, has been
hers? ,ow;selv exercised Ii is perfectly evident
r per. nv mind that the Legislature meant to
" hose l. as it well might; that the responsibility
,iectu. yided for was pecuniary responsibility
> their 90, no measured with reasonable certainty
5 con- which in this case was TO De ae'e'iii'h'' y
4 9TH character Of the bondsmeD the bidder So
if do furnish. This construction not only make
selves narts of the section harmonize, and assig
D this every member OF its appropriate iuuc'Ion
or per. gives to the word 'resPonsloll'y '"0 s'su
have ton which photographers and encyclOpef
"a can ,;vo and which the Legislature inquest
IOldng bly, intended-pecun'afy accoun'"oU's'
Mr. President. | hold that this is n
lent with regard to which the State has rig
re and change her policy, without any reieren'
,e con. tho character of the contracts, or The co
Rut = tho contractors. or of the Board OF
a. the Works. Cannot the State sell the
.,otion. wo,Lsq The stickers for the validity oil
badr. contracts are among the strongest adv
lower ror their sale. Butif they are sold mu
,e. and Stale continue to pay these contractor
o(T one Lseppg them in repair That is her co
Suppose chat by the revolutions OF col"
ut Sec or from sny other caase' So'"0 pO'''"'
Works should become ofno service to an
e know lion OF the State cou'a Sile nO' a'"",'
re void, portion? or has sne ''eu ns''''' "
,roctors tractors SO that she must keep them IN
though they shall not pay one cent IN {
are void, he State i? Ii seems to me have only
, bid. these questions. to receive for answer th'
" shown contractors have no sucn 'e''su M -"
|, be, un- these contracts but 'h"' Tue ''"', -
les, and brush them out oil ex'S'encs' anu i''",
former system of repairs, without asst!
and the ny reason, aud without Orea'u =, 80 ~
wise void course she would oe u'FAst =" 0's9