The weekly messenger. [volume] (St. Martinsville [i.e. St. Martinville] La.) 1886-1948, 1910-06-25

j
which 1t deemed the lowest.
The Judge OF the District Court deci-
ded that the Police Jury had properly
exercised its discretion, and sustained
its action: its resolution accepting de-
fendent. BrOussard's bid.
An appeal was taken to the Court OF
Appeals. and that Court affirmed the
judgment OF the District Court.
On the Merlts:-
The issues are before us on an aplli-
cation for writ Of certiOrari.
The parishes shall not hereafter order
public printing of any kind unless the
same be done under contract and adju-
dication to the lowest possible bidder"
And "the price shall not exceed the
price fixed for judicial advertisement
and for other printing or job work; they
shall in no case exceed the minimum
price fixed for the State Printing.
The offer Of the Police Jury was to re
ceiye the bids for all official publication
of the Parish and all job work. specify
ing the work.
The successful bidder, according to
the Policy Jury.) divided the bid and
made no bid for job work save that he
would do it at current rates"-it is NOT
STATED. at the current rates" fixed by
law.
This makes the bid indefinite. 1t was
not the bid required. 1t should have
been one bid for the whole work.
He did not comply with the offer as
relates to the latter. 1t was left open.
There is limit as to price placed on
job work. See Act Of 1913.
That refers to the maximum rate;
there is no limit placed in the act pre-
venting the Police Jury from Offering
the.wsrk to the lowest bidder.
1t Is commended to have the work
done under contract and adjudicated to
the lowest bidder.
So of the Act.
There is no question of the responsible,
lily Of bidders. in that respect. We take
it, that they are on entirely equal plans.
The arbitrary letting of contract to
higher bidder is not judicial deter
minatiOn binding the Courts.
The contractor not having complied
with the bid, his bid must be set aside.
and another resolution adopted and
other advertisement to be made.
The offer of the contract should be
clearly made. and it should be made to
appear that in no case the maximum
prices Of the law of 1908 should be ex =
ceeded. and under that expressed limita-
ton bidders can be invited to bid.
1t is for the Police Juries to advertise
for bids under such rules and regula
tons as they may accept.
Current rates" We're the words used
by respondent in his sealed bid.
Current is not definite. True, it can
not be implied by the use of the word
current" that charges can exceed the
laws limit.
Having been left to the lowest bidder
> in case il is less than the maximum
fixed by law, the percentage less should
be stated.
|, The plaintiff and respondent bid in Il
round is correct enough, but. in addi-
ton, it should have been made to ap-
pear the per centum it is less than thu
maximum fixed by law.
Before concluding, we will state; there
b. is no good reason the Police Jury should
' not be specific and adopt rules and re-
gulaliOns that will make it certain thai
, in no case the maximum of the law
shall not be exceeded.
In order that the law may be fully
4 complied with, the resolution attacked
the bid. and the contract under the re-
solution, are set aside and annulled.
1t is ordered. adjudged and decreet
y that the judgment of the District Court
and of the Court Of Appeals in this case
are avoided and reverspd-the petition
and prayer OF relatOr sustained to thu
extent before stated.
Costs Of all Courts to be paid by res
pom dent.
SYLLABUS:
l. Where Police Jury awards con
y tract to bidder. one seeking to set aside