The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1915-04-10
CITY BARN MATTER
IS BEFORE COUNCIL
FOR FINAL ACTION


CONTINUED FROM PAGE ONE)
board of health had intimatcd that
we're council to begin the construction
OF the barn in the rear of the city
hall an injunction will be issued re-
straining council from doing 1t. So
until a conference can be held. prob
ably next Monday, with the board of
health about thi, matter the report
OF the acting city attorney will be re-
garded as information and the stable
matter held In q state OF statu quo.
The opinion rendered by Mr.. Coch-
ran on the stable contract matter
reads as follows:
F',ferring to your request for an
opinion upon the validity OF the award
made by the special committee to MIR.
Pruitt OF the contract for the erection
OF the new barn or sable for the city,
| beg leave to report that have made
such investigation as I could amid the
pressure OF other business.
The minute book of the proceedings
of the city council on this matter
shows that on motion, the special
committee appointed to investigate
the need Of additional stable for the
city stock was. authorized to proceed
for the erection OF building, the plan
for which was submitted to city cOun-
Gil. II this was all the authority that
the committee had. would be inclin-
ed TO the opinoin, that the language
used was not broad enough to author
iZe the committee TO make he award
and let the contrac, but the minues of
the meeing a which this motion was
passed haze not been revised. correct
ed or approved by the city council, as
no meeting had been held at which
this could be done up to the time that
the question was submitted to mo by
the city council. But 1t was stated,
howeyfr, and agreed to by all the
members of the city council, that tho
motion referred to was broader than
al stated upon the minute book, and
that the motion which was passed was
with full power to the committee to
act in the premises. 1t was also
agreed unanimously by the city couu-
Gil that when the minutes OF the said
meeting were read in due course of
business for correction, revision or
approval, that part Of the minutes re-
ferring to this motion would be cor
rected and revised so as to show thai
the special committee had full author
ity to act In the matter of letting the
contract for the new stable.
The special committee, through its
chairman. advertised fer bids, and the
plans and specifications, with all the
details of the proposed contract were
left with the city clerk, and It was
stated iil the advertisement that per-
sons desiring to bid could get set of
plans from him.
Several sealed bids were fled with
the special committee, and the special
committee met and proceeded to con-
slider the matter. am informed that
when the special committee met, only
NO OF the members were present then
the bids were being opened, but that
the third member fthe committee
came In as the bids were being open
ed and participated in the meeting
from that time on. 1t was found that
Mr.. Prpitt had made the lowest bid
and 1t was stated eiher by the chair
man or some member Of the commit
tee that the contract was awarded to
Mr Pruitt, all thia was assented to by
the other members of the committee.
The committee thereupon Instructed
the city engineer to have the contracs
signed according to the plans and
specihcations stated. My understand
ing Is that the plans and specifications
contained practically all of the terms
OF the contract, and that all there was
to be done was preparing the same
Tor the signatures OF he committee
and the successful bidder, Mr.. Pruitt.
At the meeting at which an opinion
was requested upon this matter, Mr..
Pruitt stated that he was ready ana
willing to sign the papers a any time.
The foregoing Is q brief statement
or the facts up to that time as they
have been stated me. Under the
foregoing state OF facs. IL nothing
else appeared. my opinion would be
that there was a valid award or let
ing OF the contract to MIR. Prultt, and
that the city would be bound by. the
action Of the committee. am very
clearly OF the opinion that the city
has the power to authorize an officer
or q committee Of its members to
make q contract OF this kind. The
action OF the committee in awarasug
the contract TO Mr.. Pruitt was idgal
and within their power As to the
fact that the coatraSt has not been
actually signed, i do no think that
would affect the matter betausa sas
u stated above. fiiy ind Sfs stRndifk 4
that the plans aid speGisIS atlOnSI set
ont all the terms and there Was siif-i
;ticient action 20 Saise 5 SoHtFarty be-
tween the rarties. st''s,,i 4
But 1t has heen alleged and charged
that before the bids had been openecf
by the snncIas committee, d sealed an-
yclope Soatainiag the bid oe Mr..
johnson. WHOSE bid was next 10 tllht
OF Mr., 9fnittss. had been opened hy
the chairman OF the COMMITTEES or
some person. and that AGr. Pruitt was