Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1881-06-23
Nt-25~lS2l

| fuse TO do the work al the sum thus
fixed by law, then they cannot legally
contract with him. They being salts
fed that they can have this work done
at (say) 800, $500, are certainly not
bound 10 contract to have il done
at S275, $500 or 500. They are I'M
der the strongest possible obligation 10
have the work done at the least sum at
which they can procure it 10 be done.
They are under no obligation TO the pa
per having the largest circulation far
Their than to give il the preference, or,
in other words, TO give the proprietor
The refusal ofcontacting fer the amount
thus proposed. This seems to me 10 be
clearly provided for by the law under
which the Commissioners acted Any
other construction, in my humble opin-
ion, (G say it respectfully, is absurd and
unreasonable.
Now, let me ask upon what principle
of construction did the Commissioners
derive their power Il will not say ught)
in this case to give the contract for $500
when they had the most conclusive as
surance that the work could be done at
1915? The principle they acted upon,
as understand, was that they were
compelled by the law 10 give the con-
TRACT to theiprsprietor.o of tie Rapelshav-
ing, in their opinion, the largest circu-
latIon at any amount proposed by him
not exceeding 500. The law, IN their
Judgment, gave him despoiic power TO
fix The amount to be paid himself at
= -nn -. 49,. ,.,,,,, ,,nlor tI.t 10 nboro
In other words he must have the con-
tract on bis own terms, aud We must
be thankful it he took it on any sum
less than 500. The very term "con-
tract should have led them to thinking
the other way And when the law pro-
vides for a failure Of the contract as
in 2nd section at 500 OF less sum,
they should have been convinced. IL p-
pears 10 me, that they had the power TO
Tx the less sum and declare failure 10
contract If the proprietor Of the paper
did not accept 20 do the work at the
less sum so decided upon. What a re-
Election upon the Legislature that they
have made a law that could bear such a
construction as they have given III But
the Legislature is not subject to such a
charge. They clearly and amply pro-
vide against the construction Of the
| Commissioners The second section Of
the law provides, chat Il the County
! Commissioners fail TO effect such con-
tract for printing at the sum Of 500 90
less sum as aforesaid, then they arc au-
thorized to adopt any mode OF printing
or advertising for said county by hand
bill or Otherwise, as IN their judgment
mag seem best far TIE good Of he com.
ig" The last words would show lhat
tho Legislature was giving pera'Pow-
or in this case TO Commissioners Go pro-
tect the interest OF the county, II seems
ridiculous TO take the portion that the
county's interest b. protected by ma
king It pay large sum for work which
can be as we'll done for little over bali
the amount Can there be anything
palmer than the part OF the aW last
quoted 10 showing tie intention Of the
Legislature IT the LeglFialure bad
absurGly desired 20 take a wy all Judy.
ment or discretion as ie fhe amount
for which the printing was to be- done
iHti IbtA NAh'N JdA n 4th"'l it' HAti'f"At
absolutely and beyond question. They
would have said plainly that the Com
missioner. should contract Ter 500
without qualification no more, 40 less,
he order would then have been per-
cmpJory-indcal u leaving q TO the
Commissioners 20 make the contract
they would caeclualIy have made Che
contract tor them. The Commission
cr, could MOI even have made 'hc cons
tract for any sum under 500 without
violating the Law. Up bidding $3.50 go.
stead Of s1n0 The bidder and lne advl.
scrs seem 10 admit some discretion as
TO The amount IN the contract for il
viii not be credited that they went 30
ion a smaller sum when they could iu=t
a. easily. under the view Of the las
held by DE ioners, have COM
mandcd the larger sum. That is NOT
exactly human uoturc, and ! mean no
disrespect when say tits not the nature
OF those who have been instrumental ~
setting up this clam.
But what did the Legislature mean