Omaha daily bee., 1903-06-04
sections n2 and 1888 of the revised statutes,
relating to government contracts and says:
Contract Meets Requirements.

In my judgment section A2 does not for
bid you from awarding the contract to the
was zone for carrying the mall It would
be clearly within the general prohibition
fce department from having any interest
in such a contract. Congress did not see
At, however, TO apply such general pro, pro-
limited its inhibition to the special kind of
contract above referred TO. II did, how
ever, prohibit any employe from acting
as agent with or without compensation for
any person Offering to become a. contractor
in any business before the department:
mon right and is quasipenal In character:
1t provides for the immediate dismissal Of
such agent and subjects him to heavy
liability. 1t must therefore be strictly
for he is principal, at least in making
a joint bid for a contract. The act is es-
deciding that a partner could not act as
the agent within the meaning OF the act
of congress, for the firm of which he is a
fore your department l am Of the opinion
that the mere jointure with his partner as
make him such agent" and section Az
does not apply.
Referring to toll the Rey' G stats; ITS d7SS you you. 90 40
general superintendent of the free delivery
opinion % that % he has nc no officlai relation with
the purchase of coal for the use of the de-
partment and IL this be the fact section 1888
superintendent does not "act as an officer
or agent of the United States" with rela-
ton to such purchase of coal.
Omcials May Make Contracts.
The general question as to the right of
executive officers to contract as principals
with the government was discussed by At
torney General Williams in opinion in 140
p. 66S, in which after referring to sections
there
the statute any general provision which
prevents executive officers from contracting
in matters entirely separate from their
offices and in no way connected
with the performance Of their duties
they forbidden TO be connected with such
contracts after they are procured by ac-
quiring an interest in them: And here there
Is a marked difference made in the leglsla-
ton of changes between the members of
that body and the executive officers OF the
government. Both classes come under the
prohibitions of the laws above cited. But
in the act of 1908 (two statutes 4S4, Rev.
terest in and all connection as principals
with government contracts, members of
congress and delegates only are mentioned
as coming within the intention.
From this statement IL is clear that II has
not been the purpose of congress to pro-
hibit executive oficers in general from be-
ing, as principals, connected with govern
ment contracts nor except as above pointed
out, from acquiring interests in them. There
is not in the statutes any such prohibition
applying to United States pension agents.
While l am. for the reason stated of the
opinion that you are not forbidden by any
statute from awarding the contract under
consideration to the lowest bidder I must
not be understood as advising you that you
| are under any legal obligation to do so;
| j. know OF no law which requires you 20
| award a contract OF this character to the
| lowest bidder. The acceptance of any bid
| Is a matter OF administrative Judgment and
| discretion and you are at liberty for any
| reason that In your judgment that is TO the
| public interest is to disregard any bid Tho
| matter is one OF administrative judgment
/ and discretion and as such l am without
| either authority or obligation 10 express
| any opinion with reference to IT.