The Caucasian. (Clinton, N.C.) 188?-1913, 1895-01-24
the contract or the rejecting Of the

committed: therefore.
"Rr,Olged by the House OF Repre-
-entatiyrs, the senate cOncurring,
That the Secretary Of State be- reguir-
To- appear before a committee, consist
ing of three members of the House and
three senators, To be- appointed by the
presiding Officers thereof, with tn. said
sealed proposals, to be opened by the
laid committee, and that the said Sec
r"tary Of state -hall endorse back each
Of said certified checks 10 the makers
thereof
Mr.. Iiil.man held that "a the law
governing State printing was repealed,
these checks were the private property
oi the parties who made the bids, and
neither tn. Secretary Of State nor any
one else had right To open them with
out their consent. Printers themselves
objected to having their bids made
known 10 every body. and Il committee
from this Iiou-" and the senate had no
right to be inauiring into their private
business, now that the law had been re-
pcalcd under which the bids We're
made.
Mr.. French thought the matter might
be reached 10y IA simple resolution au-
thorizing the Secretary of state to re-
| turn these bids to their owners, and
there was no need of any law on the
! subject.
MIR. smith argued the necessity Of
the law at considerable length.
! The discussion was continued by
| MrssrS. lIilcman, Alexander and Lee.
| Mr.. Smith contrnding that the bids
| will the checks We're in the hands of
| the Secretary of State a. a trustee, and
the parties were not entitled to them.
Mr.. Lee, tDcm.), said he could not
see no reason why those bids should
not be- opened unless they wanted to
keep the bids from the people. Mr..
Pccbles insisted that Secretary of State
open bids. MIR. French thought it
would be- unfair TO printers bidding,
to open those papers.
Mr.. French offered IA substitute for
the resolutions of Mr.. Smith.
| RpsoIred, That the Secretary of State
is hereby aut hOriZed to return such
bids for printing in his possession un-
opened, to such bidders as can identify
their bids, and in case of failure to
identity bidders, the Secretary Of State
open such bids in the presence of one
of his clerks, and when requested, the
Secretary of State shall endorse back
any of the checks to the bidder to whom
thtS may DtlOHS.
Mr.. Smith-Our duty to get all facts
in regard to any proposed contract
that the State may make with
any individual. These bids are in hands
Iof = cretary of the State. They are
our property, and it is our duty to pro-
tect the people of the State against any
in Justice. He charged a deliberate
purpose to keep back these sealed pro-
posals in order to keep from the peO-
pie Il knowledge of what they could get
this work done for.
Mr. White-If the law under which
what right has the State to hold these
checks under that law
Mr.. French--You say they are by law
in possession Of the Secretary of State
, Then can not the lowest bidder with
draw his bid at any time prior tC
awarding the contract!
| asked if at any time before letting
ont the contract the bidder could with
draw. You say yes. Then what right
has the state to prevent his withdraw
ing now?
"'rhey are in possession of the Secre-
tary of state by law, and he has nc
right to give them up wi lhOut authOri-
: ty. They are part of the archives OF
the State"
, Mr.. French want to say we have
no right, and the Secretary of State
has no right now to keep these bids
any longer than hey can be identified
They are the private property of the
parties making them if they do happen
to he in tn Nc archives.
Mr.. j. brother lawyers will
- nf 11iuIi.ufp
: presumN\, e of bids had been made
before the Iay had arrived for Openins
those bids. Before the day for open.
ing the bids, that law was repeal
ed. That bid was private property
The only question is that the Secre
, tary of State has no right to lay hi!
hands upon those bids which are pri
vate property, and we have no right tt
lay our hands upon them.
Mr.. Young stated that two years ag,
information was obtained that was in
furious to some of the bidders for pub
lie printing.
Mr.. Winborne sent up an amend
| ment that Secretary of State shal
!. open bids in the presence of his clerl
, and take a note of the amounts bid"
= Mr.. French and Mr.. Turner both be
lieved that the disclosure of these bid
would be a violation of private rights
: Mr.. Mckinney argued that as lette
in this pOstOtfice becomes the prOpert
r of the pOstoffice and belongs to thepart
to whom it is addressed, these bids ar
: the property of the Secretary of State
= He has the right to open them with0u
: any action and advertise to the peOpl
= what they could get the public print
ing dOue for.
o Mr.. French-These bids are in Law
II proposals. do hold that after the la,
II was repealed, they We're no longer pre-
:. posals.
Mr.. Campbell cOntended that th
: house had nothing to do with this mat
i ter, and all this discussion was to max
campaign matter for two years hence
Mr.. PEBBLES, Lawyers and doctors di.
i agreed. The Secretary of State is tru
;, tee. He is not allowed to open befOl
II day appointed, to prevent others fro
'e seeing the bid and bidding a few cent
D under the check in there, the cOnside
alton of which has failed. Then Cap
'e Coke Is trustee for those parties.
70 undertake to say no necessity for res
o' luton. | can say to gentlemen on IL
v other side, there is a cat in the me
bag and can jump that cat. They dor
y want the people of North Carolina
> know how low they can get their prin
ing done. ] want the Representative
III to have all this information and Il
as people to have it.
r. Mr.. White, of Bladen, asked the gel
tfeman from Northampton in who
or was the title to those bids?
~, Mr.. Peebles--The Secretary of Sta
~, was trustee to those who made pr
ne pOsals. There may be cat in Il
ut meal bag, can't say there is, or the
" is not.
. Mr.. Lusk--Let me ask the gent
or man Il legal question. Suppose the
~, should be a secret i'm that bid calcula
nj ed To damage the bidders busine
~ would not an in junction lie again
,u his divulging that secret if divulgil
-. it should damage his property.
:. Mr.. MewbOrne called for the ay
and noes on his motion to amend.
Mr.. McClammy moved to refer to col