The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-14
LIGHTING CONTRACT
PRONOUNCED VOID
Supreme Court Holds Award
to Cleveland Vapor Light
Company Invalid.

Reversing the judgment of Judge
j Lewis, of the Ramsey county district
court, the supreme court has decided
! that the city's award of the lighting
| contract a year ago to the Cleveland
Vapor Light company is invalid. The
ground upon which the court so de-
termines is that the action whereby
| the city council sought to award the
contract was by motion and should
| have been by resolution or ordinance.
| The supreme court upholds the trial
court in finding that the council had
the right to reject any of the bids and
! to award the contract to any of the
! bidders, even though his bid might not
| have been the lowest. On this point,
| however, the court says in the opinion,
which is written by Justice Lewis:
"The record discloses remarkable haste
| on behalf of the council in calling for the
| proposals, in considering the various bids,
and in letting the contract. 1T would seem,
as is perhaps usually the case, that it was
a struggle between the agents of d1fferent
| lighting companies to- see which couid
exercise the most influence with the va
!, rious members of the council, and, instead
! of giving everybody a full opportunity TO
be heard in open discussion ON all the
points involved fbeforel finally awarding
the contract, the matter was so hurrleoly
rushed through as to give some grounds
for suspicion as to the motives of the
participants
Last November the board of public
works advertised in the usual manner
for bids for 1900 street lamps to be
maintained according to specifications
throughout the present year and bids
were received as follows: Western
;ob coo %. Cleveland
Vapor Light company, $685., and
American Development company, $3.50
per light per year. The; bids were in
the due course of business referred to
the council, and, by motion, the prop
osition of the Cleveland Vapor Light
company was accepted.
Lowest Bidder Protested.
The Western Lighting company, as
the lowest bidder, protested against
! this action, and John F. Broderick
brought suit against the city and its
officers to restrain them from entering
/ into the contract In the syllabus Of
the decision the supreme court says
According to the provisions of the
charter of the city of st. Paul, the ac-
ceptance of a .bidofor the lighting of city
streets pursuant to notice and according
to plans and specifications. is proceed
ing authorized sto be- taken by resolution,
ordinance or byrlawsonly.
| Held, the action of the common coun-
Gil in accepting such bid and in award
ing a contract, by motion, was illegal
and void.
Certain findings of fact by the trial
court are sustained by the evidence"
Justice Brown dissented from the
decision of the majority.
In effect this decision will merely
terminate the contract with the Cleve-
land Vapor Light company about six
or seven weeks 7before it would have
expired by limitation, for it was only
for the year 1903. The city has paid
the company for its service from month
to month and noWgowes but $4,000 for
the month past.
That sum may be involved, but 9TH
erWise the company will suffer no loss
except by the shortening of it's term of
service. The decision, while adverse
to the Cleveland company, denies the
contention of the iappellant-that the
council had notzthe right to reject the
lowest bid and award the contract to
another bidder. The supreme court
distinctly holds that the council has
that right, under the charter, and that
the action was invalid purely from the
fact that it was by motion and not by
resolution.
Plumbers Need Mo State License.
Journeymen plumbers need not here
after provide themselves with state IL
censes to practice their trade.
In the case appealed by Paul Chapel,
the supreme court has decided that the
law requiring such licenses is uncon-
stitutional, from the fact that it adopts
an arbitrary basis of classification in
restricting the application of its re-
quirements to cities of 10000 inhab-
itants or more which have a system
of sewers or water works
Chapel was arrested on the charge
that he had violated this law by work
ing as a plumber without having Sc
cured state license. The complaint was
in municipal court, and he applied to
the Ramsey county district court for a
writ of habeas corpus on the ground
that the law was unconstitutional.
Judge Kelly denied the application, and
the case was then taken to the supreme
court for review on a writ Of certiorari.
The opinion is by Justice Lewis.
Violation of the law requiring that
a boy of less than sixteen years of age
shall not be employed except upon a
certificate to his employer from the
school authorities, constitutes a prffna
facie case for damages against the
employer, in case the boy should be in
jured while at wogk
Such is the effect of the decision of
the supreme courtin the case of John
Elmer Perry against David Tozer
Perry, when of the age of fourteen
years, was at work in Tozer's saw mill
at South Saltwater, tending a slab con-
veyor. While he was SO engaged his
right foot became caught in chain
that was not properly protected and
was drawn into the machinery that
worked the conyeyor. The foot was so
severely crushed that amputation was
necessary and the boys guardian, John
W. Scott, brought suit against the
owner of the Inill for $4,000
The jury awarded the plaintiff $3.50,
and the supreme court holds that this
was not excessive; and that the boy
had not accepted any risks attendant
upon his employment The opinion is