Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-04-05
QUESTIONS
- YE
Legality Of All Bids
Submitted For East Mar
ket St. Contract.
Judge D. ]. Nye Has
Given an Opinion

Judge u. j. Nyc has decided against
this city, IN tbo suit brought by Attor-
ncy 4. J. Rowlcy torcstiaip he Board
of City Commissioners from entering
into contracts with r. T. NcCourt and
james Wildes & Sons tor the paving of
East Market st.
His opinion is expressed in letter
written to County Clerk T. 4. Hershey.
The letter was rrce,'ed Thursday
morning.
City Solicitor Esgatc has already
given notice that an appeal from the
decision will bc made 10 Circuit Court.
Solicitor Esgate also announced
Thursday. morning that this city. 10
expedite matters. should tho Circuit
Court affirm Judge Nye's decision.
would at once re.advcrtisc for bids.
Judge Nys's letter to Clerk Hershey
follows:
''Elyria O., April 4, 1900.
''E. A. Hershey. Esq.
"Clerk of Courts.
Akron, Ohio.
i
the injunctions asked for In each case
of Rowley VS.. the City of Akron. ct al.
You may make for nc the following
entries In each case:
Submitted to Court. Decree for
plaintiff. See jornal. Defendants give
notice of appeal Bond. $500
Il am of. the opinion that the bids of
j. ]. McGowan were so much lower
than the other bids. which were ac-
cepted, that the City Commissioners
should have accepted his bids in pref
erence to the ones they did accept, and
given him an opportunity to have en-
tered into q contract with bond for its
faithful performance.
'As to his sample of material, all that
was lacking was having his name writ
ten upon the sample, upon which all
the other bidders names We're written.
But the proof showed that he and his
brother figured on the same sample,
and his brother, who got the figures
from the Asphalt Company had his
name appear on the sample or the as.
phalt company placed his name on the
sample. l think that was too small a
matter to authorize the City Commits
sioners to reject MctTowan's bid.
'.As to ]. j. McGowan's bond. will
say that the statute authorizes bond
or deposit, hut not both. McGowan
put up his deposit, and If his bond was
defective for want of signers, he had
complied with the statute by putting
up certified check.
HERRING'S BOND.
with reference TO Howard G. Her.
rings bond and deposit. l think it was
sufficient. The mere fact that he omit
ted to state the amount of his deposit
in my opipion, did not invaldate his
bid. He had put up q deposit of $500,
rs shown by the proof and in his bid
think that was sufficiently definite
But, in addition to that. he had a sutti-
ciont bond TO entltle his bid to be con
sidered. In his bid. tho time within
which he would do the work was
omitted-p,1bably, by inadvertance,
This was an error, or al omission that
could have been remedied by a con.
tract, had his bid heen accepted But
his bid was above j. !. McGowan's.
and below the bid of James Wildes 4
Sons tN
There are so many things that are
to my mind questionable that | think
it would be better TO re-advertise for
bids, and have a new letting. so that
everything may he beyond question.
CONDOLENCE FOR BOARD.
I'm saying what have, do not in
tend to attribute any bad motives to
the City Commissioners. But think
they acted honestly, with
WRONG VIEW OF THE LAW,
as / now look at 1t. Should the case
go to higher court, subsequent events
may show that they were right, and
that | am wrong
CERTIFICATE REQUIRED.
There is one thing think | should
mention. | think the statute (Sec
2702) contenplates written certificat,
from the City Clerk that the money is
III tic treasury lOI lut improvement
where n certificate is required, and
that verbal, oral statement does not
comply with the law
Il also think that n certificate is re
quired to the extent that the abuttine
property owners are not to pay the tax
at least. Further than that, need not
say.
NOT FORMAL OPINION.
II do not send this as a written opin
ion in these cases, but as briefly giving
my views of the law, and facts of the
cases, so far as II Is necessary for the
information of those interested.
Il send YOU by express today the pa
pers in the case.
with best wishes for you aud youl
official family, am,
Yours very truly,
ID. j. Nye."
MIR. ROwLEY'S STATEMENT.
Attorney Rowley said today: "Judgt
Nye's decision was made on the sam,
4