The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-11-20
claim of $66,3S3.71.

The commission In it's special re-
port in the claim of the Carolina
Glass Company finds that the officers
Of this concern entered into O con-
spiracy to defraud the State Of South
Carolina by defeating all competition
in the sale of glassware needed.
The commission refers to a bid of
the company In September, 1902, to
furnish so cars of glass bottles at
prices ranging about. 10 per cent. in
excess of the prices paid to Flaccus
& Co., Notwithstanding the fact that
other bids were filed. That also the
Flaccus contract. when purchased,
was for the purpose Of sitting COM
petition as all moulds of the Flaccus
Company were turned over to the
Carolina Glass Company and the for
mer had no facilities for filling or.
ders.
1t Is also charged that at several
quarterly purchases other competi.
tive bids were suppressed and the
Carolina Glass Company was award
ed contracts. That after December,
1902, and until 1906, when the con-
tract existing between the State dis
pcnsary board and this company was
Cancelled. this firm maintained COM
plete monopoly of all business for
glass and raised prices from time to
time much above the fair market
prices for the goods sold. Also that
at the time Of the passage Of the con-
current resolution canceling the un-
filed portions of the contract there
were outstanding contracts at exor-
bitant prices for more than 200 cars
OF glass bottles at an approximate
value of 100000.
The commission states that accord
ing to the testimony Of one of the
officers of the glass company tho
State saved more than $4,000 when
comparison is made with prices paid
for goods subsequently purchased.
1t Is also charged against this firm
that goods were sold of the same
quality. size and character as that
sold the State dispensary in other
States and In other parts of this State
from 20 to 25 per cent. lower than
the price paid by the State dispen-
sary.N g.
|sAs Tasx xAuasns is'sas' follows IN the
case of the Carolina Glass Company.
eve. therefore, fni that the con-
t.acts made between the Carolina
Glass Company and Il, Z, board Of III
rectors of the State dispensary are
c''r 'ary to the laws Of the State AID
against public policy and for those
reasons null and void, and that the
Carolina Glass Company should not,
as matter Of strict law, be entitled
to recover any sum of money from
the State of South Carolina on ac-
count of said contract. even If the
State had no offsets against them
whatsoever, but the commission fur
ther finds that 1t should determine
the matter on equitable principles
and fix the matter of liability on a
'quantum meruit' basis and that the
prices at Yhich the Carolina Glass
Company sold to the State dispensary
the glassware manufactured by 1t
ranged throughout the entire period
Of their transactions with the State
dispensary except for the years 1905
and 1907 at about 10 per cent. above
the fair and reasonable market price
for said goods. The commission finds
that the total amount of sales, after
making all proper corrections there
In. made by the Carolina Glass Com
pany during the entire period of the
transactions with the State dispen-
sary up to the time it was abolished
was $613,437. OF this amount the
sum Of $99.10S was for goods sold
during the year 1906, and the short
period during 1907. during which the
diSpensary was conducted so that the
total sales made by the Carolina
Glass Company during the years pre-
ceding the year 1906 was $514,329.9O.
The commission finds that begin
ming early in the year 1906 as the re-
suit of legislative investigation
made by a committee appointed by
the general assembly Of the State OF
South Carolina, and the resolutions
adopted by the general assembly,
relating especially to the contracts
with the Carolina Glass Company,
hereinbefore referred to, the COM
pany was forced to and did lower it's
bids to prices which during the year
oh