Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1901-10-31
COMMISSIONERS SUSTAINED
The Superior Court Decides Against Carney and
McDougal in the County Printing Case.

INV
McDousal in the County Printing Case.
Last Thursday Judge Irwin rendered
decision in the cases of J. j. Carney
of the HERALD, and J. 4. McDougal of
the Montesano Vidette, against Chehalis
county. wherein they appealed from the
order of the county commissioners award
ing the county printing to c. 7. Hall, of
the Grays Harbor Gazette. The de-
cision sustains the action Of the COM
missioners, and is as follows:
On the 9Th of June, 1901, the commits
sioners examined the bids, decided that
G. T. Hall was the lowest bidder and
made an order awarding the contract to
him. Plaintiffs appealed from said order
and alleged as error that the contract was
not awarded to the lowest legal bidder.
The statute in relation to county print
ing provides that sin all counties where
two or more weekly newspapers are pub.
lished, it shall be the duty of the county
commissioners at their April meeting
each year, to let the advertising and off.
cial publication of all notices to the
publisher thereof who is the best and
lowest responsible bidder; Provided, that
in all cases the county commissioners
shall consider the question OF circulation
in awarding the county printing contract,
with view to giving said printing the
widest publicity and no newspaper shall
be eligible as a competitor, nor shall a
contract be let to any newspaper unless
the same shall have been established for
at least six months and had general
and bona fide circulation throughout the
county in which it is published" The
law also provides that the delinquent tax
summons shall be published once week
for six consecutive weeks, and the cost
thereof for the six publications shall not
exceed the sum of ten cents for each
description of real estate contained in
the summons.
1t is conceded by all parties that the
bids of the Aberdeen Bulletin and the
Hoquiam W ashingtonian were consider
ably higher than the other bids, and for
that reason were not considered by the
commissioners, and need not be consid-
cred by the court on these appeals.
AS among the other three bidders, viz,
the Vidette, Herald and Gazette, it will
he observed that they made their bids in
different forms, and it cannot be deter
mined from the contents of the bids
themselves which is the loves, and
neither one Of the bids states the circula-
ton, in the county or otherwise, of the
paper in which the bidder proposes to do
the printing. The bid of J. f. McDougal,
publisher of the Vidette, is to the effect
that lie will do all OF the county printing
for the nominal sum OF one cent for the
entire year, with the exception of the
delinquent tax summons, and that he
will publish said summons for five cents
per inch for each insertion, making thirty
cents per inch for the six insertions.
From the evidence produced before the
court it would appear that il the bid of
the Vidette had been accepted, the county
printing for the year would have cost
several hundred dollars less than under
the bid which was accepted, but the diff
Guilty with the Vidette's lid is that the
bidder proposes to charge per inch in.
stead of per description for the printing
of the delinquent tax summons. Mr..
Davis, chairman Of the board OF commits
sioners, testified that they finally con-
cluded the Ibid Of the Vidette did not
sufficiently comply with the law in rela-
ton to the charge for publishing the tax
summons to make it legal bid, and for
that reason they did not consider II.
l consider the board was justified in its
action in relation to that bid. There Is
no way OF accurately determining before
hand what amount OF printing wiz have
to be done in any one year, and in letting
these contracts the commissioners have
to form their estimates by comparison
with former years. The evidence before
the court is to the effect that if the print.
ing (other than the tax list for the
coming year were the same as in 1899.
the cost Of the same under Mr.. Halls bid
would be $285; under Mr.. Carney's bid
$l52.90, and under the Vidette's bid
one cent.
The tax list for this year is estimated
to contain 10000 descriptions. and the
evidence shows that the lists published in
former years contained on an average
inch, which would take about 5000 inches
Of space in the paper publishing the list.
This would cost under McDougal's bid
5000, under Carney's bid 1887 so, and
under Halls bid 1880. 1t will be seen
from these estimates that if Mr.. Nc.
Douglas bid had been in form that it
could have been accepted, it would GER
tainlv have been the lowest bid.
As between the bids OF Mr.. Hall and
Mr.. Carney. Halls bid is higher on the
general printing but lower on the tax liet.
Taking the general printing Of 1899 as a
basis, it would cost $l22.10 more under
Mr.. Halls bid than under Mr.. Carney's,
but there would he a saving Of $37 so on
the tax summons, making difference of
$500 in favor of the Carney bid. This
difference is entirely too small to warrant
the court in interfering with the con-
tract. The commissioners are vested
with certain discretionary powers in let.
ting these contracts, and the courts will
not interfere unless it clearly appears
that there has been an abuse OF that dis
erection, and there certainly has been no
abuse OF discretion in the letting OF this
contract. The evidence shows that the
board did consider the difference between
the two last named bids, and concluded
that the general printing in former years
had been much more voluminous than 1t
ought to have been, and determined to
reduce it, and believed they would reduce
it sufficiently to more than make up the
difference between the two bids on the
general printing. This was a matter
which it was proper for them to consider,
and having done so, and having arrived
at their conclusion, the court will not
interfere.
1t may be proper to say word as to
1 -. NJ Ia