, 1891-04-19
ITS LEGAL ASPECT.
Some Principles Involved in the
Case of HOyt.
How Such Matters Have Been Re
garded Elsewhere.
The Question of Sale Without a
Written Contract.

nj LuO Ldst seShlOu OF the legislature .
law was passed entitled IAN act to pre-,
vent fraudulent and corrupt practices il
the making of contracts by public off
GERS" The law received the approval Of
the governor on Jan. 5, 1891. 1t is al
most an exact COPY of a law in force 10
the state of Illinois, the only material
difference between the two being that the
Illinois statute prescribes a penalty for a
breach of the law aside from declaring
all contracts made in violation of the
statute null and void.
The first part of the law Is as follows:
sit shall not be lawful for any person
o or hereafter holding any office, either
by election or appointment, under the
constitution or laws OF this state, to be-
come in any manner interested either d.
rectly or indirectly, in his own name or
the name of any other person or corpora
ton, IN any contract or in the perform
ance OF any work, in the making or letting
of which such officer may be called
upon to act or vote
This part of the law has been carefully
scrutinized within the past few days, the
object Of the scrutiny being to ascertain,
if possible, whether it has application %
verbal contracts, and to sales made to the
public in any manner other than by bids
or by written contracts. Or, in other
words, does it apply to purchases made in
the drug store of George w. Hoyt by
any county official.
Mr.. Hoyt is a county official, within the
meaning of the statute-he is a person
holding office by election under the laws
of the state. So far there is no question
raised. 1t will also not be denied that a
sale to the county of any article-no mat.
ter how small its pecuhiarv value-which
article is paid for by the county, is a con-
tract. 1t is not necessarily a written
contract, nor is it a contract Tor which bids
are received by the county; but it is a con-
tract-it is a agreement upon sufficient
consideration, to do or not to do a partlc
ular thing" an agreement by Mr.. Hoyt
to furnish certain articles to the county
for a certain price. 1t is also evident that
it is a contract in which Mr.. Hoyt is
interested-iu which he Is directly inter
ested.
The only remaining question then is
is it a contract 10 the making or letting Of
which Mr.. Hoyt may be called upon to
act or voteI This is the question at issue.
A contract exists between the county OF
Laramie and George w. Hoyt. Who
made that contract Ono party is George
w. HoYt, druggist. and the other party is
the county of Laramie. But the county
Of Laramie is an artificial person. created
by the law; and unless some natural person
or persons acts for the county, it can do
nothing. Section 1871 If the Revised
Statutes, subdivision fourth. gives to
counties the power ITO make all contracts
and do all other acts in relation to the
property and concerns OF the count
necessary to the exercise of its corporate
or administrative powers; ~ and it is under
this section that the county can be held
lNolNuolbAN OA al NbHAldCN mhut Win IL.
Section 1898 is as follows: The powers
Of a county as a body polite aud corporate
shall be exercised by a board of county
commissioners. These two sections must
mean that a county has power 10 make a
contract, but that the contract, on the
part of the county, must be made with
the county commissioners. Therefore, if
a contract exists between George w.
Hoyt and the county of Laramie, the
parties to that contract must be George
W. Hoyt and the county commissioners.
If any county official, other than the
county commissioners. orders goods for
the county, the county can be held
responsible ouly upon the supposihon hat
that official Is acting as the agent of the
board of county commissioners.
Now, if the county can make contracts
only through the county commissioners,
does it not follow that no contract can be
made with the county unless the county
commissioners dct in the matter, either in
person or by an agent or agents? II the
county does not act, there is no contract;
and the county can act only through the
commissioners therefore, If the commIs.
sioners do not act, there is no contract.
But Mr.. Hoyt is also called upon to
vote upon this contractor, rather, in the
words of the statute. "he may be called
upon to vote upon it. Before any ma,
terials supplied to the county can be paid
for by the county, the county commission.
ers must vote uDon the matter. 1t is Mr..
Hoyts duty, as a commissioner, to vote
upon the allowance of all claims. When
he votes to allow a bill Tor supplies fur.
nished, no matter by whose request fur
nished, he recognizes the validity of that
claim. If the supplies are furnished on
the order of some person other than the
board, then when the board votes on the
validity of the bill, it ratifes the acts Of
its agents, and makes the contract its own.
The purpose of the bull, as expressed in
the title, is Ito prevent fraudulent and
corrupt practices in the making OF con.