Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-07-24

The demurrer which was interposed in
the above entitled matter having been sus-
tanned, the rame reasons which called for
the sustaining OF the demurrer now re-
quire that Judgment in this proceeding be
for the plaintiff or afiiant.
The orders Of the Board which, as set
forth in the affidavit, aud which are shown
by the return to be correctly stated,
amount. in my Judgment. to contracts be-
tween the county VI Eureka on the one
part, and whomsoever should perform the
things specified in the ''orders" On the
other part; aud when the contract for
building the Court-hou IL considered in
connection with the '.orders," I assume
that said orders" amount 10 4 contract
between Eureka county on the first part,
and A. Boungard TN the second part.
By the terms Of all Of these ''orders'' or
contracts" except the one made on the
9th day Of June, 1879, I find that the per-
sons performing the things specified in
them. may claim from the county q sum
equal to five hundred dollars. and I do
not think. unl Ter the provisions Of sec
ions 3,b77 and BIOS, Comp. Laws Of Ne
vada. q Board of County Commissioners
in this State, have the authority to ''let"
a contract to any person for such o pur-
pose. or in fact for any purpose, where the
amount of such contract price may equal
FIVE hundred dollars, without advertising
for bids. &C., as prescribed in the sections
referred to. 1t may be said that these
'orders " or contracts" do not necessa-
rily eqnal five hundred dollars. but il
must lie admitted that they may do So
saving the one heretofore excepted-and
in such instances the Board could not en-
ter into the contracts in the manner in
which they have assumed to do.
There has been much said in the argu-
ment about fraud and corruption, but
neither OF these questions can be cnnsid-
cred in this proceeding, nor have l seen
anything which leads me to think there
has been any fraud. Nothing more ap-
pears to my mind, except the mistaken ex-
ercise OF an authority by the Board not
delegated by the Statutes.
The foregoing is sufficient to control the
decision in this matter. but as counsel have
cIaborattly argued. and requested an ex-
preston on other points. l would add that
| am Of the opinion that the power which
is given the Board to contract implies and
carries with it the power to alter and
change the original contract, always, Of
course, with the consent of the other party
to the contract. and these changes may be
made to any reasonable extent, only, in my
mind, being circumscribed by the pro-
visions OF the Statute requiring that ii the
''amonnt Of the contract" for the change
or changes shall be five hundred dollars
or mo e." it shall be advertised. and es-
pecially Is this advertising required in case
the contract he for the erection OF any pub
lie building. Comp. Laws, Sec. 3.lO5.)
All Of these orders are contracts for the
erection. in part at least. of public build
ings, and as their verbiage shows that the
Board anticipated they might or would
amount to five hundred dollars. I think
they erred IN letting them without adver-
Using, and thus not only endeavor to Sc
cure the services for the least money, hut
to afford all persons an equal opportunity
to compete, both If which ends are con-
tenplated and required by the Statute.
Again, if the Board could, as commended
by its counsel, make any number OF con-
tracts for changes. provided no one change
should cost more than S499 SO, / can see
M reason, under such u view, to prevent
its making changes and contracting for the
same to any mount. Under such u view,
the contract. as originally made, might
only serve as a cloak to enable the Board,
il its members were corrupt, to expend an
unlimited mou in the erection Of the
Soui -AiouoCy III tbCb NbtH OtilBiItto
the builder could demand in addition the
mount Of h originally promised price,
and claim that whatever he had been al
lowed outside Of the first contract was a.
specially contracted for. and had nothing
to do with the contract price for building
the Court-house.
such u construction would place in the
hands Of the Board an almost unlimited
power to expend a large amount Of money
for what, under such a view. mus. be
termed assisting in the building Of a
Courthouse" for if these '.orders"
amount to contracts, and these contracts
must be admitted To relate to one thing,
and as they exceed $500 in the aggregate,
they can only be let after properly adver-
tising. The intention of the statutory
provisions relating to the duties and
powers " Of the Boards of County Commits
sioners in such matters as pertain to the
expenditure of money, the amount Hf
which is not fixed by law, is to prescribe
certain checks and forms TO be gone
through, before they can legally order
money to be paid ont of the County Treas
uries.
l can not think it consistent with the
spirit aud purpo les of the statutes to con
ciude that any of the provisions referred
to could be so easily set at paught and be-
come a dead letter, as to decide that by
allowing and contracting for changes
which have already amounted to several
thousand dollars lin the aggregate" the
Board could thus proceed ad libitum to
bankrupt the county, without regarding
their duties as to advertising or the pro-
visions OF the Act of the last Legislature
specially limiting the cost Of this Court
house to $3.50
All Of these orders relate to one subject,
viz: the building of a Courthouse. and il
in the < gate they amount to five
hundred dollars or more, the County Com
missioners shall advertise such contract or
contracts to be let. stating the nature and
character thereof"
Counsel 70. the affiant contends that
when once the Board has duly advertised.
and in pursuance thereof. has let the first
and original contract. its powers in rela-
ton to the same ceases, except in 80 far as
it is bound to order payments under the
and no other. The counsel for
the Board contended in his argu ent on
the demurrer, that the Board could, with
the consent of the contractor. direct any
changes it saw fit and contract for the same,
provided the price for each of such changes.
only equalled, but did not exceed $500:
but since that time / understand him
counsel for the Board-to only contend
That the Board can lirect these changes
whenever it sees fit; without advertising Al
to the same, provided the contract price
for any one change, does not equal $500.
/ can rot coincide entirely with either of
these views, but desire to be understood.
u. short. as holding that while the Board
car ;'irect any reasonable changes, which
the contractor may consent to, il can not
let q contract, or series Of contracts. for
.aese changes If they amount in the ag-
gregate to $500 or more" without adver-
Using, otherwise the statutes on the sub
ject could be wholly avoided. both AZ 20
their letter and spirit, and the Treasury of
the county placed subject to the mercv or
whims Of a corrupt, or capricious and fool
ish Board. as the case might be, II n
such should be elected. without any admo-