Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1915-02-05

RESOLUTION.
WHEREAS, on the 9Th day Of
January, 1915, the board of county
commissioners of Clearwater county,
pursuant to an order of the majority
of said board, entered into certain
contracts with the Orofino Publishing
Co., Ltd, corporation, for the publi-
cation of the proceedings of the board
of county commissioners of said coun-
ty, and certain official statements,
delinquent tax lists and other orders,
notices and proceedings, which were
not then and are not now ready for
publication, and which could not lie
published until after the term of Office
Of the commissioners executing said
contracts had expired, and for fur
nishing all printed supplies for the
different offices Of said county, at
regular wholesale prices -; and
WHEREAS, it appears to this
board that the making of said con-
tracts were against public policy, and
that the same were illegal and void
able for the following reasons, viz:
1. The said contract for furnish
ing Clearwater county officers with
printed supplies was void for the
reason that no definite price was
specified at which such supplies were
to be furnished.
2. That said Orofino Publishing
Company, Limited, is a corporation
and that said contracts were not
authorized by its Board of Directors,
and that the same were not executed
by the President and Secretary of
said corporation, nor by any other
officer having power and authority to
bind said corporation by such con-
tract, and that said corporation is not
bound by said contracts.
:. 8. That Frank Zelenka and Elmer
Torgerson, as county commissioners,
of Clearwater county aforesaid, on the
said 9th day of January, 1915, had no
power or authority to bind their sue
cessors taking office on the 18th day
of January, 1915, by a contract for
county printing to be performed in its
entirety after the expiration of their
term of office.
a. That said contracts were col
lusive and fraudulent, and
WHEREAS, it appears to this
board that, at the time of entering
into said contracts the following
facts were known to said Frank
Zelenka and Elmer Torgerson, and to
7. C. Hume, whose name is sub
scribed to said contracts as manager
of Orofino Publishing Company,
Limited, and to all persons interested
in said contracts, and to the general
public of Clearwater county, viz:
l. That the political affiliations of
said retiring commissioners were as
follows, respectively, to-wit: Frank
Zelenka, democrat; Elmer Torgerson,
democrat Frank Harrison, republican,
and that the political affiliations of
their successors, the present commits
sioners, are as follows, respectively,
to-wit: John P. Harlan, republican;
Fred Choate, republican; j. L.
Coontz, republican.
2. That the Orofino Publishing
Company, Limited, was organized and
since its creation has been maintained
for the purpose of publishing and dis
tributing weekly political news
paper known as the Orofino Tribune,
devoted to the interests of the demo-
cratic party or factions thereof.
3. That on the 21st day of Janu-
airy, 1914, said Orofino Publishing
Company, Limited, entered into con-
tract for publishing the legal pro-
ceedings, orders, notices, statements
and delinquent tax lists of said county
at the rate of ten cents per line for
the first insertion, and five cents per
line for each subsequent insertion,
and furnishing said county with print
ed supplies and stationery.
4. That during the term of said
last mentioned contracts, the said
Orofno Publishing Company, Limited,
in violation of Sections 1475 and 1476
of the Political Code of Idaho, sub
let portions of its said contract, and,
as purchasing agent for Clearwater,
county, caused to be printed and manu-
featured outside of said county of