The weekly times-record. (Valley City, N.D.) 1912-1922, 1915-09-09
Commissioners Not Bound to
Accept Lowest Price Named

Judge Coffey's decision in the appeal
from the decision of the commission
ers of Barnes county in awarding the
contract for metal culverts for the
year 1915 was handed down Monday.
At the April meeting the commits
sioners opened bids for furnishing
metal culvert. In spite of the fact that
the Veblen-Myhro-Aldahl Co., of Val
ley City, was the lowest bidder, the
contract was given to the North Da.
kota Metal Culvert Co., of Fargo. This
decision was appealed from, the ap-
peal being based on a petition signed
by seven or eight taxpayers of the
county.
When the case came up in the June
term Barnes county, as the appellant,
was represented by M. J. Englert and
A. P. Paulson. Winterer & Richie ap-
peared for the commissioners and
Watson & Young and E. T. Conmy, of
Fargo, for the culvert firm.
Judge Coffey decides that the com.
missioners had right to exercise
their judgment, his language being as
follows:
THAT the plaintiff is a public cor
poration, and one of the counties into
which the state of North Dakota is
divided, and has been such a corpora
ton during all times hereinafter men
toned.
2-That the defendant, North Dako-
ia Metal Culvert Company, is cor
poration, existing under and by vir-
tue of the laws of the State of North
Dakota, and has it's principal place Of
business at Fargo, North Dakota.
3-That the defendant, Veblen-My-
hro-Aldahl Company, is corporation,
existing under and by virtue of the
laws of the State of North Dakota, and
has its principal place of business at
Valley City, Barnes County, North
Dakota.
4-That the defendants, Frank
| Heimes, Thos Gudmestad, Martin Con.
| lon, R. B. Cox and Henry Lee, are the
duly elected, qualified and acting com
missioners of Barnes County, and have
been such commissioners during all OF
the time herein mentioned
5-That the said defendants, County
Commissioners of Barnes County
caused to be advertised, through theil
proper officers, according to law, ask
ing for sealed bids to be received anG
opened at 2 p. m. on Monday, April 5
1915, for furnishing Barnes Count!
with metal culverts for the ensuing
lyear, reserving in said notice the RICH
| to reject any and all bids, and also re
quiring the successful bidder to fur
nish suitable bond and contract upo1
being awarded said contract.
| 6-That pursuant to said notice, the
defendants, County Commissioners O
Barnes County, at a regular meeting
on the 5th day of April, 1915, received
sealed bids from the Veblen-Myhro-Al
dahl Company, the North Dakota Me
tai Culvert Company, a corporation
and others, for the furnishing Of meta
culverts to Barnes County for the en-
suing year; that the said sealed bids
so received by the said County Com
missioners were opened at said meet
ing, and that the bid of the Veblen
Myhro-Aldahl Company was, on it.
face, the lowest bid received.
THAT the n-Myhro-Aldah
Company was ready, willing, and com
petent to enter into a contract will
the Commissioners of Barnes Count,
} for the furnishing of metal culverts a
the prices named in their bid, ant
were ready and willing to tender to tn
Commissioners a good and suficien
bond, with good and sufficient sureties
in amount as required by law and tn
said Commissioners.
8-That the defendants, Commits
sioners of Barnes County, acting il
the exercise of their discretion, did, OF
the 9Th day of April, 1915, award tn
contract for the furnishing of meta
culverts to Barnes County for the yea
1915, to the North Dakota Metal Cul
vert Company, but, though said con
tract for furnishing of said culvert:
was prepared by the Commissioners
it was never delivered to the NORTH
Dakota Metal Culvert Company, or its
officers. ."
81 further find there was no ma
terial change made in any of the bids
after they were filed with the com
missioners, but the bids being under
different specidcations-th bid of the
Veblen-My hro-Aldahl Companl being
without angle irons and connectin!
bands, and the bid of the North Dako