Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1895-05-11
INJUNCTION.
Proceedings Commenced by
Prosecutor Murphy
Against the Commissioners and NJ. Dinner
Il Sons OF Dayton.

| Harrington TO furnish the brains and
law, commenced injunction proceedings
against the Commissioners and Nj. OH
mer s. Sons of Dayton, to restrain them
from completing the contract for fur
nishing the wood furniture for the new
court house.
The facts set forth in the petition
taken from the Sentinel are as follows:
| Brihey, the petition sets forth that
A. H. Andrews & Co. submitted plans
for furniture equally as good, if not
better, in style, quality and design and
workmanship, and at figures much less,
to-wit, $4,000, and being lower than
the one accepted from M. Omher's
Sons Co. The Andrews people say
that they stand ready and willing to
fulfill contract with the county at the
figures they offered and that the Oh
mer Sons Co.'S figures are eXtravagant
and that many pieces of furniture that
they have agreed to furnish are useless
to the public and the officers in the
transacution OF the counties business.
The petition charges that the COM
missioners are guilty of a gross want of
discretion required of them in the dis
charge of their duties to the county, in
letting the contract to the Dinners
Sons Co. for the furniture.
The petition then is in the language
and words following, being the sum-
ming up of grounds for action:
That said contract, as aforesaid pre-
tended to be entered into with the said
Dinners Sons Co. was and is unlawful
and void in this: That said bid of Oh
mer's Sons Co., upon which said pre-
tended contract is based, was let, was
and is not the bid and proposal of the
lowest responsible bidder for furnishing
said court house, taking into consider
alton the price, material, designs and
workmanship in several proposals pre-
sented to said board of commissioners,
under the advertisement aforesaid.
2-That said contract does not con-
tain nor is there attached to the same,
nor is there filed Herewith in the Of
flee of the said board of county commits
sioners, any plan or specifications de-
scribing or specifying the style or de-
sign of said furniture.
3-By the terms of said pretended
contract the board of county commits
siners is required to pay out of the pub
lie funds to the Dinners Sons Co.. one
third of said sum of $l7,440.S1 before
any portion of said furniture shall be
delivered.
by the terms of said pretended
contract, the board of county commits
sioners are at liberty to add without
limit to the amount of said furniture so
proposed TO be furnished, thereby in
creasing indefinitely the cost of the
whole to the taxpayers of the county
without required competitive bidding
for such additional. furniture as it may
see fit to purchase.
5-Sald Dinners Sons Co. have fail
cd to give. and the board of county
commissioners has not received, any
| DO'd vi anu vi
binding, which could be enforced in
the courts of Wood county for the COM
pletion of said pretended contract ac-
cording to the terms and specifications
thereof.
G-Said pretended contract WAS made
and entered into by the board of coun-
| ty commissioners without permitting
the building committee TO take any
part whatever in the awarding or MAX
ing thereof, or in determining the
| price to be paid, or the designs accord
ing to which, or the material of which
the furniture is to be constructed, or
the character of the workmanship TO be
explained thereon.
For other reasons appearing on
the face of the said contract and the
proceedings of the board of county
commissioners in relation thereto.
Plaintiff further says that unless the
relief herein prayed for be granted, the
defendant, Dinners Sons Co., will un-
lawfully proceed to furnish the
court house when completed, undel
said pretended contract, and the boarc
of county commissioners will proceed
to pay therefor out of The public fuud
OF the county, the said price at tn,
!. uimes stated and provided for in sale
contract, whereby the taxpayers of thu
county will sustain great and lrrepal
able damage and injury
Plaintiff therefore pray5 that th
= defendant, Dinners Sons Co., be Ell
= joined from furnishing said iurnitur
:. and the boards of county commission
J ers be enjoined from recelving or pay
!, ing for the same or any part theret
under said contract; that the contrac
. be held to be null and void: that tn
board of county commissioners b
- enioined from making or entering int