Evening bulletin., 1910-09-13
REPORT ON I||LO
ROAD CONTRACTS
CONTINUED from Page y


flee and otherwise. Knowing that the
matter is of very considerable i'm
portance to yourself and those who
are associated with you, | have given
more than the ordinary attention to
the consideration of this project and
the principles of law which 1t in
wolves. Your request made at the time
of leaving the document with me was
that should thoroughly consider all
phases of this project and fully advise
you with reference to whether the
law had been evaded or broken and
If so what remedy, II any, exists
whereby the public may be protected
and the persons who may have brok-
en- the law may be properly punish
ed.
There seems to be considerable
public misinformation on the part OF
the public relative to the exact status
of the Board of Supervisors and the
limitations placed upon the Board in
the performance of public duties con-
ferred upon counties. Among the
members of the Board of Trade there
generally obtains view that all
county work involving the eXpendi-
ture OF $500 or more must be let to
public tender, and that upon the
making of the contract there must
be demanded from the contractor
proper bonds for the performance OF
the work contracted for. The law
relative to contracts for public work
was amended by Act G2 of the Ses-
sion Laws of 1903. Under this law
no expenditure of public money
where the sum to he expended shall
he $500 or more shall be made, ex-
Cept under contract let after public
advertisement for sealed tenders, but
a special provision is inserted that
any county, If its board of supervis-
ors shall so decide, may expend sums
in excess of $500 upon road work or
repairs without contracting therefor.
As consequence of this statute I
have to advise you that 1t was not
necessary for the Board of Supervis-
ors to ask for public tenders for so
much of the new Honolii road as
comes strictly within the term road
work" This would apply TO the let
ting of the first contract to John I.
Brown, dated July 12, 1903, for 2220
feet Of subgrade at price of s39S7,
with reference to the action of the
Board of Supervisors in letting this
work to public tender, have to ad-
wise you that the Board of Supervls-
Ors was under no obligation to let
this work to public tender, and the
fact that they did So did not bring
them within the section of the law
regulating the taking of bonds and
the making of the contract with the
lowest responsible bidder. The same
observation can be made relative to
the second contract. dated September
Il, 1909. Also the sixth contract
for matchmaking and the seventh
contract with Arioli. so far as the
Ariqll contract refers only to road
work.
| have to advise you that so long
as the Board OF Supervisors do not
act arbitrarily and do not eXpend
upon any one piece of work more
than a reasonable amount for the
performance of the road work or re-
pairs upon the road. their action can
not be reviewed by the courts or any
other tribunal. As a limitation upon
this, let me point out the fact that
as soon rs the Board OF, Supervisors
shall undertake to parcel out road
work or repairs under contracts or
contract, the price of which is Sc
| far in excess of the reasonable price
which the work could otherwise be
done, as to lead court to the con
clusion that the work was tainted
with fraud, then upon the proper ap.
plication OF citizens the circuit court
will take jurisdiction of the matter
and prevent further work under such
| contract.
This, however, is solely upon the
theory that fraud or corruption has
entered into the transaction. The
mere fact that the Board of Super,
yisors have acted unwisely or extrav.
agantly is not sufficient for the in,
reference of courts. The Legisla,
ture has conilded to the Board OF
4 Supervisors certain discretionary
powers, and so long rs the board
shall exercise those powers with d
reasonable degree of discretion, theiI
action Is not renewable and the cit
izens have no redress, except at the
polls.
II is my opinion that the building
of bridges, culyerts and the laying
cf pipe lines do not come within tn,
/ proyIsO of Act G2 OF the Session Law,
Of 1909, Az u result of this, II II
evident that before the public money
can he expended Tor the building oI
bridges, ,ulyerts or the laying OI
pipe lines, whore the sum 10 he OK
pended Is $500 or more, they must
be let 10 public tender upon adyer