Weekly Arizona journal-miner., 1907-04-24

n"u not been complied with by the board. The statute provides that writ. ten notices inviting bids must be mailed to all eligible bidders in the county. it has been the custom of the board for many years past to advertise for bid. m the official paper and the require. mcnt as to written notices had never been carried out. In answer to this MT Morrison pointed out that as plain. tih was publishing the official paper at that time, that she had received proper legal notice when the written ndvcr. tisement, calling for bids for county printing, was mailed 70 her by the clerk or The board for publication in her paper; that therefore plaintiff had no cause Of action on that score, and that as no other publisher in the county had complained for lack of receiving the statutory notice, the writ should not be granted. The court sustained NIT. Morrison on this point.
 Plaintiff also alleged that by req son or tho contract not having been granted to the lowest bidder. she. as the owner of property, anJ many taxpayers, were greatly damaged. Mr Morrison pointed out that plaintiff wn. not on the assessment roll, and there. Tore was barred from sctting up elair as taxpayer. This point was also sus tained by the court.
 In the light of its very unsatisfactory experience of the previous year. wher the News'icrald, q weekly, was th, official paper, the board specified in i,, advertisement, inviting bids for th, county printing, that the successful bid der must agree to make all publication, within three days after copy was furn ished. Plaintiff complained that this requirement barred weekly papers iron bidding, and that it was unlawful. Mr Morrison con,endcd tha, the board had right io cxact conditions. as it's pur
 
 the information it desired. He pointed out that if the board were advertising for fuel, it could properly call for bids for coal instead of wood, although such distinction might prevent wood dealer from bidding unless qualified to furn. ish the article. The board, in imposing this condition upon bidders, simply fol ! lowed the precedent established in othcr counties, where daily papers are pub lished at inc county seat, the object | heinz to prevent the delay that is nee. essarily incurred when publication i- made in weekly newspaper. On this | point the court ruled that the board 1, had the authority to fix time limi, | for ,he publications required under the I contract. He also held that the board | in determining what constituted the ' "bcst rcsponsiblc' bidder was not ex. creising n judicial function, and there. fore that no judicial hearing or in. ! quiry was necessary preliminary 10 ! making the award.
 Plaintiff 's final contention was that | as the contract was let for a lump l sum it was impossible to determine | thercfrom whether the price ,o be paid l was in excess of the maximum rates 1 allowed by statute for such publica. tions that might he made under the | contract. Mir. Morrison clcverly argued | that plaintiffs inability 10 determine tha, question was not q matter for the consideration of the court, and he re. | marked that when plaintiff secured the | contract tho previous year for "a lump | sum-. no complaint was heard from her | as To its being m unlawful contract. :, nor did she decline to accept the con. trac, then because of insufficient no- tice.
 Judge Sloan likewise sustained the | demurrer on this point and called at. | tcntion 10 tho fact that plaintiff should | have alleged that the bid, by reason Of being a lump sum, was in excess of the | statutory rates. Attorney o'sullivan, for plaintiff, then asked leave to amend | in tha; particular. and it was granted | When this K filed, the proceedings will | then turn upon question of fact, when | it will readily be shown that the value of the publications alone, as determined | by the legal rate allowed, Is worth l more than the sum for which the Jour. | nal Miner has contracted to do both the advertising and job printing. AS q matter of fact, Yavapai is securing the county printing cheaper than any eoun- ty in inc Territory.
 --==--------- ARIZONA PIONEER VISITS YUMA.