Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-30

The November session Of the Gov
ernor and Council continued from
Tuesday evening opened Wednesday
morning, with all the councillors pres
ent, Ex-Councilor Silas T. Lawry of
Fairfield a visitor and Deputy Secre-
tary of State l.. NJ. McGouldrick,
Private Secretary j. P. McConville and
Messenger G. w. Leadbetter in at
tendance Numerous out-of-t town Wis
Fitors called at the Council chamber
during the morning.
The business transacted was not
large in volume. It began with the
confirmation of the nominations made
by Governor Curtis since the last
meeting.
The resignation of Mrs. Mary M.
Aver of East Vassalboro as agent for
the protection Of children. to take eff
feet ON Jan. /. 1917. was accepted. -
Ordered, that the commissioner OF
agriculture pay the Maine Sheep
Breeders Association s25 for special
premiums and charge the same to ag-
rtcultural statistics.
The resignation of Frank H. Doug
las Of Bangor as agent for the preven-
ton Of cruelty to children to take eff
feet at once was accepted.
The resignation Of F. w. Halliday
as judge Of the municipal court at
Newport to take effect upon the APP
pointment Of his successor and on &C
count Of a contemplated change in bus
mess, was accepted.
Teh resignation Of Charles A. Cor
liss as recorder Of the municipal court
of Bath on account of having been
elected a member Of the next Legisla-
ture, was accepted.
The $500 bond Of Philip G. Clifford
Of Portland as treasurer of the Board
of Legal Examiners and given by the
Union Safe Deposit and Trust Co. of
Portland was approved.
The $500 bond Of Ellen F. Paine Of
Bangor as treasurer Of the Board Of
Examination and Registration Of
Nurses and given by Annie E. Fair
banks Of Bangor, was approved.
The $500 bond Of Charles F. Dolli-
yer as a contractor in the work at the
Augusta State hospital. given by
Charles G. English and F. c. Tarr, was
approved.
The Noyes & Campbell Check
The following was among the orders
passed on Wednesday by the Governor
and Council:
Whereas, Noyes & Campbell Of Au-
gusta. Me, submitted a bid for reno
waiting the second and third male
wings Of the Augusta State hospital
accompanied by a certified check for
S per cent. of the amunt named in the
bid, and
Whereas, said Noyes & Campbell
have failed to enter into a contract for
doing said work, Notwithstanding the
fact that they were the lowest bidders
and desire that said check be return
ed, and
Whereas. In the opinion of the at
torney general, which is hereto attach
ed, the State would not be warranted
in retaining said check as there was
no clause in the specifications reouir-
ing it's forfeit.
Be 1t therefore ordered, that the sec
rectary Of the Board of Hospital Trus-
tees Is hereby authorized and direct
ed to return said check to said Moves
& Campbell.
The Attorney Generals Letter
Augusta, Nov. Is, 1916.
Hon. Oakley C. Curtis,
Governor of Maine,
Augusta, Me.
Dear Governor Curtis: The matter of
the check deposited by Moves & Campbell
IN connection with their bid for renovat-
Ing the second and third male wings of
the Augusta State hospital came to my
attention today. It appears that the
trustees of the hospital voted that the
check should be turned into the State
treasury, at the same time that they vot-
ed to accept the bid Of another contrac-
tor.
I have examined the specifications fur
nished by the architect to the trustees
and through them to the parties bidding
on this work and I find that the only
reference to a check in the specifications
Is as follows: "A certified check for 5
per cent. Of contract price shall accom-
pany bid"
There Is no clause in the specifications
In which it Is stated that this check, or
the amount Of It, shall, under any cir
cumstances. be forfeited to the State.
Simply that it should be filed with the
bid. as a guarantee apparently Of the re-
sponsibility Of the bidder, and to be re-
tanned undoubtedly by the trustees If the
bid should be accepted until the contrac-
tor should file with the trustees the bond
required in the specifications.
Leaving out altogether any question Of
whether or not. under any circumstances.
the State would desire to enforce a for
fixture Of money from q Arm or indi-
vidual bidding for State work and con-
siderins the question purely and simply
as technical. legal proposition. there
does not seem to be in the specifications
as drawn the slightest warrant for retain
ing the check deposited by Noyes 4
Campbell. the contract having been
awarded to another firm.
Yours very truly,
W. r. PATTANGALL.
Attorney General.
A Unique Case
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