The record-union., 1893-06-26
A LAW OF DOUBTFUL CHARACTER.

"A LA w Ot DOUBTFUL CHARACTER.
In the county government bill passed
by the late Legislature is the following
provision relative to the powers and
duties of Supervisors: "Where the cost of
the erection of any bridge exceeds the
sum OF $1,000, they must advertise for
bids, together with plans and specifca-
uons, strain sheets and working details
thereof, and shall let the contract there
for upon the plans adopted by them,
which shall be attached to and made a
part of such contract. By unan-
imous consent of the board they may
proceed at once to replace or repair any
and all bridges without notice" Under
the law which this law displaces, the
words "three thousand dollars" read
five hundred dollars"
1t will be seen that as the law stands it
is subject to the construction, and it is so
construed, and was under the old law, to
absolutely exclude competition upon the
cost of the construction of bridges. This
leaves a door wide open for malfeasance
in office, and for the operation of success
ful swindIing schemes on the part of con-
tractors.
1t will be observed that there is under
this Interpretation no actual contest
among bidders for bridge construction,
except as to the character of the plans
the price is fixed in the submission of
plans, and whenever a plan is adopted,
there is also adopted the price fixed for
the carrying out of such plans.
/ Obviously the only correct method
would be to advertise for plans alone,
with working specifications, and when
the plans that meet the Judgment of the
board are agreed upon, then, and not
until then. should bids be taken for the
erection of the bridge according to the
adopted plans. But as it now stands bid
ders bid only upon their own plans and
the board has left to it no discretion, but
must, If 1t accepts plan, take it at the
price fixed thereon, though it may know
that the plan adopted can be executed for
one-half the fixed cost set by the bidder.
The opportunity for fraud comes in in
the acceptance of plans. The party sub
mitting plan, having a definite though
uneXpressed understanding with one or
more of the board as to his share in the
expenditure by the county, can easily
prepare plans of a character that the
board will be certain to adopt, and there
upon the price is at once fixed without it
ever having been submitted to the COM
petition of contractors.
That the law is business-like no busi-
ness man will likely contend. If "a" is
about to have erected a house, he pro-
cures from his architect such plans for
the structure as meet his views. He then
advertises that he is about to erect the
house, and that he is ready TO receive
bids for the construction according to
the plans and Specifications, which are
open to all bidders for examination.
That is fair and open competition. I'm
der the other system there is no contest
whatever upon the price to be paid; that
item would appear to be wholly ignored
by the law.
All this is, of course, upon the theory
that the construction given to the law by
Boards of Supervisors is sound, and the
only one possible. 1t is, however, pos
sible that the words, land shall let the
contract therefor upon the plans adopted"
may mean that, after having adopted the
plans, the board may then let the con-
tract to others than the author Of the
plans, and this would carry with it the
power and duty of advertising for bids
for the construction, though it is true
that there is no such direct expression in
the law. 1t is sufficient to know, how
ever. that Supervisors throughout the
State, as we are advised, hold that the
adoption of the plans carries along with
it the acceptance of the price fixed upon
in the plans.
1t is also understood that powerful in
fuences were exerted to carry the orig
inal provision into the old law, and to re-
tain it in the new, and that these influ-
ences involved large capital, which finds
its interest in thus defeating real competi-
ton. 1t is urged by the friends of the
law that there is nothing in it unjust.
since the submission of many plans, with
the price affixed to each, induces as low
bidding as if the construction price was
directly in competitor; but in practice the
fact is that there is but one bid upon anv
one plan, and this is an evil and possi-
BILE source of corruption. We are not
saying that the law has been used for
these purposes, but we have moral con-
victions upon the subject that amount
almost to legal certainties.
Since the matter is one that directly re-
lates to roads and highway systems. of
which bridges form part, it might be
well for the approaching State Road Con-
vention to consider the subject. We are
by no means certain that if the law were
tested it would stand before the courts.