The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-06-04

be an agent" for he is principal at
least in making a joint bid for a con-
tract The act is essentially the act of
principals. Without deciding that a
partner could not act as the agent. ;"
within the meaning of the act of Con-
gress, for the firm of which he is a
member in the transaction of business
before your department. am of the
opinion that the mere joinder with his
partner as principals in bid for a con-
tract does not make him such agent, =.
and section 412 does not apply.
TO Official Relation.
Referring to R. S. 1888. you do not
state in your letter the exact nature of
MI Machen's duties, except that he is
general superintendent of the free de-
livery system. l assume. for the pur-
poses of this opinion, that he has no
official relation with the purchase of
coal for the use of the department, and
Il this be the fact, section 1873 is in
applicable, for Mr.. Machen, as such SUI
perintendent, does not "act as an of
flcer or agent of the United States" with
reference to such purchase OF coal.
The general question as to the right
Of executive officers to contract as prin-
cipals with the Government was dis
cussed by Attorney General Williams. in
an opinion IA Op., p. 4s3), in which,
after referring to sections 1871 and 1882.
he says:
Not General Prohibition.
But there is not in the statutes any
general prohibition which prevents exec
utive officers from contracting directly
with the Government, as principals, in
matters entirely separate from their Of
fees and in no way connected with .he
performance of their duties as officers
of the Government; nor are they for
hidden to be connected with such coz
tracts, after they are procured by &C.
curing an interest in them. And here
there is marked difference made In the
legislation of Congress between the
members of that body and the executive
officers of the Government. Both classes
come under the prohibition of the laws
above cited. But in the act of 1908 q
Statutes. 4s4; Revised Statutes 3739),
which strictly prohibits all interest In,
and all connection as principals with,
Government contracts. members of Con-
gress and Delegates only are mentioned
as coming within the intention
From this statement it is clear that
it has not been the purpose of Congress
to prohibit executive officers in general
from being, as principals, connected
with Government contracts, nor, except
as above pointed out, from acquiring
interest in them. There is not In tie
statutes any such prohibition applying
to United States pension agents"
Does Not Advise Award.
While I am, for the reasons stated, of
the opinion that you are not forbidden
by any statute from awarding the con
tract under consideration to the lowest
bidder, must not be understood as ad-
vising you that you are under any legal
which requires you to award a contract
of this character to the lowest bidder
The acceptance of any bid is matter
of administrative judgment and discre-
ton. ard you are at liberty. for any
reason that in your Judgment is to the
public interest, to disregard any bid
The matter is one OF administrative
judgment and discretion, and as such I
am without either authority or obliga-
ton to express any opinion with refer
ence TO it. Respectfully,
P. c. KNOX,