Arizona republican., 1913-03-18
CONTROL BOARD
 WANTS ID KNOW
Answers Attorney Generals Opinion on Question of Purchasing Supplies - Puts Few Questions to Chief Legal Adviser

The board of control takes exceptions to the letter of the attorney general 1 addressed to the board some time back
 regarding the methods used by the board in the purchase of supplies for the state institutions. It appears that the board has found a case that it does not believe comes under the provisions of the opinion The following are some
 of the questions that are put up to the II attorney general which the board
 thinks will conflict with his opnionA with reference to the board adver- II Using for bids on various supplies: will | you kindly advise if this requirement. covers also the 9 per cent of the road II fund which is at the joint disposal of the board of control and the state en- gineer; and, if so, if the state engineer is. by reason thereof, also limited to | advertising for bids and to emergency expenditures of less than $100.00. Kindly also advise if this law would apply when we buy for institutions or departments of the state, acting merely as an agent of such institutions or de- partments
  which the state obtains as protection or advantage by advertising for bids. For instance: The multigraph is made by only one firm. as is the boOk-type- writer. so that it seems like a waste of the states money to advertise for bids on this class of articles Again, there are certain articles, such as the Globe Wernicke filing devices, the | with the retail dealer. Will you kindly | advise if. in such cases. we must ad- | vertise for bids.
 | Also kindly give us a definition of | emergency, which We can use in de- | ciding upon the extent of our author
 ity to purchase without advertising for l bids. In interpreting ar emergency. we | desire to call your attention to the fact | that Some institutions purchase fruit | on certain days of the week and con
 tract prices for such purchasing would
 be prohibitive There are certain kinds 1 of supplies that a contract system of | buying make very eXpensive-such as | l potatoes, onions, etc.,-On account of
 the. necessity under which the mer-
 chant labors of bidding high, in order Il to protect himself against d possible l rise in the market, and that the ne H ceSSity for the board authorizing every
 such expenditure would seriously in
 terfere with the efficiency of the var; II Ous state institutions. For instance: III It is possible that some machinery II might break down. and that life and q | great deal of the states property would N depend upon an immediate purchase by 1 the head of the institution, and that if, under the law it is necessary to take II up such expenditures with the board of II control, the result would be not only II an interference with efficiency, but a II great loss to the state, and perhaps a suit for damages
 II With reference to paragraph 3564
 authorizing the board of purchase sup
 plies for the various institutions under
 it's jurisdiction, it is manifestly impos-
 sible for the members of the board, col
 lectively or individually, to make pur-
 chases of all supplies needed which
 are not covered by contracts. It must
 therefore, necessarily be done by the
 agents or representatives of the board
 which we understand to be entirely
 within.the meaning of the law, and will
 be glad to have you advise if it is not !
 point the heads of the various state
 institutions as it's representatives to
 purchase these supplies, in accordance
 with rules and regulations prescribed
 by the board
 Tn addition to the above reason for I, this procedure, we would call your at .
 tention to the fact that if the board u must itself make all purchases, it will
 unnecessarily increase the expense as
 larger office force will be required n and an increased office expense will
 result; whereas, the state had already
 sufficient number of employees to dc le the work without additional cost ,- Kindly also advise if emergency purchases by thes board must be made
 collectively, or whether the board car authorize one of it's members, or som, i other person, to do this work
 ,N With reference to your statement
 that the purchasing of supplies fol !" the state institutions, under the iur. pe lsdictiOn of the board, must not D, LII left with the superintendents or hand. 'h or the several institutions; we refC1 II you to that portion of paragraph 362. D. Of the revised statutes of Arizona 1- 1901, with reference to the asylum fo
 the insane, reading as follows: II of all cases of emergency. the superin Ie tendent may make necessary pur ed chaSes in the open market, subject tt he the approval of the board, not to ex ar ceed $100.O0; and to paragraph 374 ee revised statutes of Arizona 1901, witt at reference to the industrial school n- l which reads follows: The Boart
 shall appoint a superintendent O ch said reform school; not one of thei er own number, whose salary shall b. ny fixed by said board. not to exceed er1 eighteen hundred dollars per annum
 and shall also appoint such other of
 ficers and such assistants as tn 'o' wants of the institution may iron ne time to time require, and shall ore 'h' scribe their duties and fix their sal
 aries as may be reasonable" And t oe paragraph 2564, authorizing the boar, to to formulate rules for the govern ing of said institutions"
 'Inasmuch the board is author
 i1ax fIa1 ,J,,ti nF i,