The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-08-26

matter,-or wrote The star that they
submitted ito the attorney general
three weeks ago.
The question was raised by a call
for bids by Registrar Merriam who
announced that the bids were to be
competitive and that an award would
be made on July 80 After receiving
the bids, he wrote to the lowest bid
der that under instructions of his SUI
perior he was unable to award the low
est bidder the contract, saying:
Upon the objection by the Bulletin
Publishing COMPANY, 1 was informed
by the Auditor and Treasurer that said
company was entitled to all work up
on which they submitted bids, and
that no other bill would likely be pass
cd in the Auditors Office.
Il know that the resolution Of the
legislature under which this matter
of calling for bids for material, works
out in decided disadvantageous way
to the government, and would gladly
welcome return to former procedure.
Under the ruling of my superiors,
1 am therefore unable to award this
contract to you. Yours respectfully,
"(Sgd) CHARLES H. MERRIAM,
Registrar of Conveyances."
The Registrar was Immediately in
formed that the attorney general had
expressed the opinion that the six
months bidding proposition was not
binding, and that for that reason mer-
chants had generally refused to bid,
thus destroying any value the bids
might have as a competitive system.
At the same time the treasurer and
auditor were notified of the status of
the affair, and the correspondence was
sent to, the attorney general, with
request that he make ruling.
The matter was also brought to the
attention of members Of the Mer-
chants Association, as one affecting
all supplies for a period Of eighteen
months, and as the proposed method
of the treasurer was in direct contra
vention of the plan under which the
merchants, by advice of the attorney
general, had proceeded the Associa
ton asked the attorney general to sup
ply it with copy of his opinion Up
to yesterday no response had come to
the Merchants Association, though
three weeks had elapsed. e,
In the meantime, the contract was
given by the treasurer to the highest
bidder, and the Treasurer is supposed
position that a non-competitive bid
beats a competitive one and that the
, Legislature left things so that he can
pay any old price for work without re-
gard to bids.
! 1t is stated on good authority that
Auditor Fisher recognizes the worthless
ness and illegality of the six months
bid business, under which business
men generally refused to bid and be-
fore he left he stated that he would
not even call for bids for the next
period
The attorney generals opinion,
clearly stating the Treasurer's right
to accept bids for contracts as he
he chooses, and absolutely sustaining,
as a matter of law, every contention
The Star made, is as follows:
Honorable d. l.. Conkling, Treasurer,
Territory of Hawaii, Honolulu,
r. II.
Dear Sir:-Replying TO your re-
quest for my opinion as to the pro-
test Of the Hawaiian Star Newspaper
Association, Limited, against the pur,
chase by the Registrar of Conveyances
of certain supplies for use in his Office
from the Bulletin Publishing Com
Ipany, Limited, would advise as fol
lows:
at appears that on July 20, 1909
the Registrar of ConVeyances wrote
to the various printing establishments
} in Honolulu, asking that bid be sub
mitted by them for printing certain
/ forms which were specified upon GER
l tain specific grades of paper In res
} ponse to this request for bids, onl
= the Hawaiian Star Newspaper Associa
. ton Limited, replied, offering to d