Arizona republican., 1913-03-13
BILLIARD TELLS
 0FF|CERS--LAW
Reports to Legislature His Action on Document Re- gently Referred to Him and Notifies Officers to Discontinue Practice

The reply of the attorney general of the state to the report of the com mittcc on state institutions and pub 1 lie expenditures, that was referred 1 to the attorney general last Saturday, after it had been reported to the l house of representatives, was rccciV- ed in the house yesterday afternoon. ! and created one of the sensations of the day otherwise full of scnsations l In his reply to the legislature the attorney general says that he had | drawn the attention of the superin- tendents of the insane asylum, the state prison. and the state industrial l school to the law with regard to the 1 purchasing of supplies. and that he 1 had notified the auditor and the 1 board of control of the law in the | question.
 By reference to the special message i of the governor to the legislature the ! meaning of the letters can be easily | understood, as both are intimately l connected with the matters in hand 1 in the present strife between the l governor. certain members of the state administration. and the ma jor- ! ity of the membership of the house ! of representatives.
 The letter to the board of control l is published because it contains the l official notice from the attorney gen
 cral that the law has been broken in 1 the past and must be observed in the | future. The letter to the state au- i ditor follows in sequence because in l it is the official written advice of the l attorney general to the auditor not 1 to pay any more bills that are con 1 tracted In manner not authorized ! by law. The letters to the other l officials were merely notifications not
 to again pursuc the course which is credited tn them in the report of the committee that was referred to the attorney general Ii is noticeable that the report has been referred to 1 the county attorneys of Gila and ] Maricopa counties
 Phoenix, Ariz. March II, 1913. ] Board of Control of the State of Ari-
 zona. Capitol Bldg, Phoenix, Ariz. i Gentlemen:-M attention has been
 called to the fact by the committee
 on state institutions and expendt-
 urcs of the house of the first legis-
 
 it has been the custom of the board l of control in the past to allow the superintendents of the various char 1 itable, penal and rcformatory insti- ] tutions to purchase supplies for the l same. the board of control afterwards ratifying their action.
 My attention has G'so been called
 te the fact that thousands of dollar rs worth of goods have been purchased l for said institutions without adver- tising for bids. receiving the same and letting contracts thereon. 1 Such procedure is in direct viola
 tion of the provisions of chapter one. title 56, of the revised statutes of | Arizona, 1901. and of the law relating | to the conduct of the state prison. 1 The board of control has full charge 1 of charitable, penal and reformatory 1 institutions and must purchase all 1 supplies for the same. The purchas- l ing of these supplies must not be left | with the superintendents or heads of the several institutions The law pro- 1 vides that in all purchases in excess , of 500. the board of control shall 1 advertise for bids receive the same 1 and let contracts for said purchases with the exception of emergency. in l the case of the state prison, $250 worth ] of goods may be purchased without i advertising for bids and letting said 1 contracts, and in other institutions. ! in case of emergency. Sl00 worth of goods may be purchased without ad vertising for bids. and letting con- | tracts thereon.
 1 The purpose of this law is to pre- 1 vent preferential contracts and favor I itism in the letting of contracts. and 1 the law is very rigid and should be 1 strictly enforced. The emergency l provision is supposed to cover d real emergency and not to be used for the l purpose of evasion of the law. or for 1 the continual purchasing of supplies | in said institution in amounts less l than $250.
 If such a construction could be 1 placed upon the law, then, the very I purpose of the law itself would be 1 in the future that the purchasing for | all supplies for penal. charitable and reformatory institutions must be made | by the board of control and that ex- 1 cept in cases of emergency The |
 bids, receive the same, let contracts l! for the supplies in conformity with
 the provisions of chapter one. Title l 56 of the Revised Statutes of Arizona, 1901.
 | You are also instructed that no
 contract must be let to any person 1 who is member of the board of l control, or to any corporation in ! which any member of the board of | control is stocllholdcr Whether the law is or is not wise one we I cannot question. It is the law gov erning the board of control and must
 be Obeyed. If the observance of the
 law results in an increased expendit-
 urc. that fact cannot be avoided. The
 responsibility does not then rest with
 your body.
 Very truly yours.