The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-03-07
TALLAHASSEE
NEWS NOTES
Items of Interest Gathered
at the Capital of
Florida.
Special 20 The Journal.

sioners Of state institutions with re-
gard to the leasing of the state con-
victs to the Florida Pine Co. Pro-
tests against the boards action in
awarding the contract 10 this corpo-
ration had been filed and q hearing
Of protestants' counsels set for to
day Hon. Cromwell Gibbons, OF
Jacksonville. appeared for the Aaich-
Ardson Co. Hon. J. NJ. BaarS for
Pritchett Bros, and Major A. B.
Small and Hon. Fred T. Myers for
the Florida Pine Co.
Mr.. Gibbons was the first to speak.
In a few brief sentences he ques-
toned the right of the board to grant
a lease of this nature 10 a corpora
ton, holding that a corporation could
not be held 10 contract as could an
individual or individuals doing bust
ness together as partners. He fur
Their stated that in his opinion the
terms laid down for the guidance OF
bidders had been violated by the ad-
mission OF competition on the part OF
a corporation
Mr.. Baars followed up this argu-
rnent but carried it much farther. He
stigmatized the Florida Pine Co. as
a fake tramp J. Edward Addicks
corporation" formed under the laws
of the state of Delaware, so as to
avoid the liabilities which they
would incur under the state of Flor
ida. and to avoid the laws Of the
state made to protect persons with
whom they have dealings in Florida.
He claimed that the board could not
SO bind a foreign corporation that
some evasion could not be made that
would not be a direct violation Of the
spirit and intent Of the laws diTeCI-
T-~ - h. TOT -sfarc
He predicted the widespread criti-
cism that would follow the boards
action, of its inevitable misrepresen-
tation and possible federal interior
ence. Counsel also claimed that by
the admission of this corporation
into competition gross injustice had
been done to other corporations who
had been advised by himself and
other lawyers not to present bids
since the final clause in the terms
laid down by the commissioners
seemed specially designed to exclude
corporations from competition. He
then stated that he was authorized
to say that, in case a rs-opening OF
bids should be made, his clients
would deposit a certified check with
the state treasurer amounting TO the
sum of twelve thousand dollars, this |
sum 10 be forfeited should bids not |
be made by individuals which would |
offer enough per capita to bring to |
the state at least twenty-five thou !
sand dollars in advance of the sum !
expected to accrue to the state by
the granting Of the lease TO the
Florida Pine Co.
Major A. B. Small, counsel for the
successful competitors, gave as his
opinion that there was no way of
preventing a foreign corporation do
ing business in the state under pro-
vision of the laws of Florida, from
becoming a competitor in this matter
unless domestic corporations were
also excluded. Such discrimination
would be unjust and Illegal. He sub
mitted that IN case the bids were re-
opened there was nothing to prevent
Mr.. BaaTs's clients from entering into
combine with other competitors
whereby the Pritchett Bros. could
submit a small bid which, nevrthe-
less, would be the largest offered.
What though the buying on of those
others should cost the company
round sum in addition to the forfeit
ed twelve thousand? The profits
would still be enormous-what mat
ter if the state were many thousands
of dollars the poorer?
Defined by Attorney.
Mr.. Myers read from the statute
book the law defining the use of the
words person and persons" and
showed that they were legally ap-
piled in the present case to corpora |
lions This was in answer to point
brought out by Mr.. Bars that the
quoted words applied only to indi- |
Viduals. either singly or doing bust |
ness together as partners He ar |
s,,o5 that y foreign POrnOrafiOn aU-
thorized by the law to do business in !
Florida, was amenable to the laws of /
the state, and in case such corpora |
ton should show a disposition to |
eyade the terms of its contract it |
could be dealt with by Florida law. |
He pointed out that, though the per |
Bonnel of the corporation might |
change, its entity would remain the |
same, and the perpetuity OF a corpo- |
ration was favorable TO a settled dis |
position OF the convicts. He submit |
led that the time for protest had |
passed: this action should have been
taken by the opposing counsel when |
they became cogniZant of the fact |
that the bid of the Florida Pine Co. |
would be accepted by the board as a |
competitor.
Various Interruptions were made |
by the members of the board who |
asked questions OF the different coun- |
sci. and legal points were thoroughly !
discussed before the board went into |
executive session. The board showed |
every disposition to thoroughly
thrash out the matter so as to act
fairly as individuals, yet at the same
time do their full duty by the state |
After a conference of about thirty
minutes the secretary was ordered 10