Arizona republican., 1913-03-19

purchases for said institutions. capitol building and grounds. in excess Of $lo0.00 must be in the manner provided by said para graph 3564 whether the thing sought to be purchased as a fil- ing case multigraph, typewriter or any other class of supplies.
 Your third query is to the definition and application of the term -'emergen- cy' under said section. I do not as sume that you expect me to collate ev- cry particular contingency of emer- gency in this communication. The term "emergency'' is defined by any standard dictionary. Taking said definition with the application of a little common sense. and your board ought to have no difficulty in meeting these emeriAn- cies if they arise. If. in any particular case. you are in any doubt frS to whether any particular purchase could be made as an emergency and will re- fer the particular incident to me. l shall be very willing to give you an opinion on the particular incident. As 1 wrote you before. the emergency pro- vision in the statute is not. however, to 1c used for the purpose of evading
 
 Your fourth query IS as to the pur- chase by the institutions of fruit. on ions. potatoes and apples on certain days. I do not assume that the i'm mediate necessity will arise to pur- chase $10000 worth of fruit, onions. po- tatoeS and apples at any one time for any one of the institutions above named. If such occasion does arise, you must advertise for bids.
 Your firth query is as to whether or not the board can authorize one of it's emergency purchases. l am of the opinion that they can
 Your sixth query is relative to para graph 3622 of the revised statues of Arizona, 1901. This section has been amended by chapter 79 of the laws of 1903 and is very plain and explicit. IL directs the board of control to con- tract for all supplies for the insane asylum, semi-annually after advertis- ing for bids with the proviso that sub ject to the board Of control, the super intendent may. in case of emergency, purchase in the open market not to exceed the sum of S100.00 see no am- hiSuity in this provision of law which requires any legal construction. The directions are mandatory and explicit that, except in cases of emergency. as in said law provided, all supplies for the insane asylum. must be contracted for semiannually by public letting by the board of control as directed in said law
 Your seventh query is directed to para graph I741 of th.. revised statutes of Arizona. 1901, which paragraph as you quote it. reads that the board shall appoint superintendent of reform school, not one of it's members. whose salary shall be fixed by said board not to exceed sl800 per annum: and also appoint such other officers as the wants of the institutions may from time to time require. and prescribe their duties and affiX the salaries as may be reasonable. This section as quoted is substantially correct It does not mean. taken by itself or in connec- ton with any other section, however that tile board Of control has the power to make the head of an institution the purchasing agent of said board except I'll (4lt case or emergency.
 Your eighth query is in reference. to the purchase Of prison supplies where you have advertised for bids and the bids have been rejected The law provides that you have the right to reject all bids for prison supplies. but if you do so you must readvertise and continue to do so until satis- factory bids are received In the in terval between the receipt of the bids you may make private contracts for supplies. but in no case to exceed 60 days nor beyond public letting See paragraph 3605 of the revised statutes 1901.
 Your letter next complains that the manner prescribed by law is an ex- pensive method for the state. That IS neither your nor my business A law cannot be avoided while il is on the statute books because il may prove expensive in it's operation r. cannot be set aside for a good motive any more than it could be set aside for bad motive The law was pass ed for the stopping of preferential 1 contracts and grafts. and if it could 1 be set aside for the best purposes in II i could not be set aside for the purpose l of preferential contracts or grafts If the board of control does not ap- 1 prove of this law. the proper thing ! for them to do is to obtain either it's 1 repeal or amendment: but unless amended or repealed. it must be obey 1 ed. Personally. I do not know wheth 1 CT it has or has not been obeyed ! in the past. An examination of my last communication would show that 1 such communication was based upon 1 the report of the legislative committee ! know that the law will be obeyed in the future. however. because since
 my atention has been called to the i! fact of an alleged diversion from it l shall be Watchful to see that fl
 is obeyed in the future I do no,
 question the motives of any of the
 members of the board in anv actior you have taken in the past but q. l have before remarked q law is z
 law and no board or state officer is
 above the law.
 Your last query. which is more ir the nature of an argument than z