The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-24
KUHN'S ILLEGAL CONTRACT.
The School Boards Attorney Points Out
the Law Bearing on the Case.
Mr. Kuhn Declares, However. that He Will
Not Give Up the Contract, and Makes Sc
riOus Charges Against Mr. Frenzel.

The School Board met in special session. last
night, to hear the opinion Of Mr.. G. w. Smith,
the boards attorney. regarding the legality of
the contract made by the board with A. M. Kuhn
G Co. for furnishing the coal supply for the
coming year, Mr. Kuhn's membership
of the board being the point
upon which the question was raised.
The secretary read the opinions submitted by
Mr.. Smith, in which it was stated that "a mem
Der of the Board of School Commissioners can
not enter into contract with the board for fur
nishing supplies of any kind, based on the prin-
ciple that, as q member Of the Eboard, it is his
duty to buy as cheaply as possible, while
as a vender it is bis interest to make as large a
per cent as possible. This grows out OF public
policy, and so firmly is the law settled that the
court will not stop to inquire whether the con-
tract is fair one. or even, indeed. will not let
the trustee so dealing show that his contract
was better than any other offered. The fact Of
the Board of Commissioners being composed of
many members instead of one In no way OBJ
vfates the intent of the law, nor the
fact that the commissioner was absent when the
contract was let, nor the fact of the commission
or having partner. The contract having been
made while the contractor was a member of the
validate the contract and render it binding on
the board. The firm of A. M. Kuhn g. Co.
could not hold the Board of School Commission
ers liable for damages, if they should decline
to accept coal under the contract.
The following resolution, presented by Mr.
Bamberger. was adopted:
Whereas The Board of School Commissioners have
entered into contract with the firm of A. M. Kuhn
g Co., of this city for the supply of coal for the pub
JIG schools of this city, mem Der of which firm being
also q member of this board and
Whereas. The laws Of Indiana expressly prohibit
any officer of the State, city township to enter
into any contract in which he may be personally inter-
ested be it. therefore,
Resolved, BY this board, that the contract above
mentioned be hereby declared null and void.
Resolved, That the board at once readvertise for
sealed proposals to furnish coal for the public schools
said sealed proposals to be left with the secretary of
the board no later than Aug. 81.
Resolved, That A. NJ. Kuhn & Co be requested TO
present their bills for coal already delivered to the
board and when said bills properly authenticated
they shall be paid.
During the meeting Mr. Kuhn had remained
in the lobby, not answering to his name at roll
call After the transaction of the business, up to
this point in the proceedings. he asked perrnis-
sion 10 speak under the rights of householder
The board granting him the privilege, Mr.. Kuhn
frst read an article in yesterday News. in which
the action of the boards meeting, on last Friday
night was briefly reviewed, stating that tho
afternoon of the Same day every
approach to the Sixth-ward school-house was
Elicu with carts ana wagons, most OF them Dear
ing the name of Kuhn a. Co., and loaded with
coal. which was being deposited in the school
house cellar as rapidly as it could be slowed
away. The News took this as an indication that
mr. Kuhn was apprehensve of interference with
his contract by the commissioners and that he
was making the most of his opportunity. The
article also referred to the contract
made BY the same firm for furnish
ing TIE .postofice coal which was
Afterwards relinquished on the grounds of MIR.
Kuhn being q government officer, but stated