The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-06

left entirely in the dark as TO what the
conditions actually would be when the
work was undertaken. The element of
uncertainty was SO great as 10 render
definite and exact bidding impossibfe
This tended to prevent competition and
to defeat the law requiring the call for
tenders 1t moreover opened the door
for favoritism and fraud by making il
possible for the Superintendent of Pub
lie Works TO give definite assurances
to a favored bidder as TO the number
of old piles which would be permitted
TO be used in the work: thus enabling
him TO underbid others who might con-
slider it unsafe to bid on any other basis
than that of new piles for the entire
work, there being no certainty under
the specifications that any old ones
could be used. Many obvious abuses
might follow such a course of conduct
ing calls for bids, if it once became
esta bIished as a precedent. 1t would be
likely to defeat entirely the object of
the law requiring the letting of public
contracts only after a call for tenders.
The facts in the present case do not
warrant the slightest imputation
against the Superintendent of Public
Works He acted in perfect good faith
The uncertainty in the specifications
arose from a desire to save to the Ter
ritory the value of the old piles, if they
had any, and to reduce the cost of the
work in hand. In fact the disadvan-
tage resulting from the uncertainty in
the specifications occurred to him.
This was the occasion for the letter
to intending bidders, requesting them
to figure on new piles and to state an
allowance per pile for those furnished
by the government. No new adyer-
tisement was made however. Prospec-
tive bidders remained in the dark as
to whether the right reserved to re-
quire the use of old piles would be ex-
ercised, and there was the additional
uncertainty as to whether the letter
was legal modification of the call
for tenders There was no uniformity
of action on the part of bidders, and
none was to be expected under the con-
ditions as they then stood. Some bid
ders ignored the letter. rs they had
the right to, treating it as no part of
the legal call for tenders. Others COM
piled with the request. This shows
there was no real competition
I'm California Improvement Co. VS..
Reynolds, So Pac. r. SOP, it was held
that a contract for street paving at
certain price per square foot which re-
served to the street superintendent the
power to require a greater or less
amount of certain material in the work,
thereby affecting the profits on the
work, is invalid, as discouraging COM
petition in bidding. This case is very
similar to the case at bar and Illus
trates clearly the vice of permitting
any factor in the contract to be with
in the unqualified control of any Off
cial under whom the work is to be
done"
statutory provisions prescribing the
mode and time of advertising for bids
are mandatory, and must be strictly
construed. McCloud. VS.. Columbus, "a
Ohio ST. 49,
1.-The letters from the office of the
superintendent of Public Works, dated
respectively Feb. End, 1904, and Feb.
49, 1904, did not eliminate the uncer-
tainty in the Specifications. The speci-
fications could 4not be legally amended
without new advertisement which was
not had.
Holding as we do that the proceed
ings in regard to the placing of this
contract were fatally defective and
that a valid contract could not be
based upon the faulty specifications
for the reasons given, it becomes I'M
necessary to discuss the other propo-
sitions advanced by counsel for the
complainant.
1.-THE decree appealed from is af-
firmed."
THE ANNULLED CONTRACT.
The contract thus nullified was for
being awarded to the American Hawai-