The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-05-11

.s-I y. FIFss i ~ .-
assessment, the failure to consider
and pass upon the sufficiency and
validity of protests of owners OF less
than the majority of property in tae
improvement district at the next reg
ular meeting of the commission after
the expiration Of the time for filing
protests is not a jurisdictional de-
feet, where 1t appears that no pro.
tests were filed within the statutory
period and that such protests as were
filed prior to the letting of the con-
tract were investigated and reported
upon adversely to the paving com.
mittee of the city commission con-
sisting of the entire commission.
( 81 Where a "citizen's paving
committee" co.operates with the city
commission in the selection of paw
ing material, such cooperation is not
to he viewed with suspicion; and
where property owners within paw
ing district, following the suggestion
of a citizens paving committee" that
such owners refrain from signing pc
tons expressing preference for mate
rial pending an investigation by the
said committee, by their non-action
leave the city commission with full
authority to select paving material,
held that acquiescence in and assent
to such cooperation does not amount
to malfeasance on the part of the
members of the city commission.
Powers Of Engineer. 4.
(4) Where a proposed contract
for a public improvement contains
clauses delegating to the city engi-
neer powers which can properly be
exercised only by the city commits
sion, it is proper to assume that the
city engineer will act in conformity
with the wishes Of the city commits
sion as to such matters.
(5)% The clauses, Of a proposed
contract for public Improvement
which give to the city engineer the
power necessary to in.
sure satisfactory completion Of the
work in conformity with the plans
and specifications are held not to vio-
late section 3708 of the Compiled
Laws Of 1918, requiring the letting Of
such contract to the lowest respon-
sible bidder. -
Reduction If contract ~.
CO. Where a proposed cbntract
for public work contains stipulations
under which the quantity Of work is
subject to maximum reduction of Is
per cent and where the proposal for
bids specifies approximate quantities
md bidders bid upon a number OF
tens Of material and work, and the
for the same embodies a
schedule of unit prices; held that the
oermissive alteration in quantity
within given maximum does not
render the quantity of work indefi-
1ite, and does not eliminate compe-
;ition in bidding.
Foreign Corporation. /
GU Where contract was let to
/ corporation which was not at the
ime doing business within the state,
leld that entering into such contract
vas not a doing Of business within
he state within section 1876 Of the
and sections 1898 and
$40, C. L. 1918; and that such con-
;ract is not invalidated by section
PAP of the Compiled Laws of 1913;
leld further, that work will not be
prohibited under such contract Where
t appears that the corporation COM
,lied with the statutory requirements
md obtained from the secretary of
tate a license soon after the contract
vas let. III.
Appeal from the district court Of
3urleigh county; Hon. VIM. l.. Nues-
lie. judge. !
Judgment for defendants. Plaintiffs
appeal. |
Affirmed. .... |
Opinion of the court by Birdzell, J.
Robinson, j., dissents. /
Christianson, j., being disqualified,
lid not participate, Hon. J. A. Coffey
lifting in his stead.
F. H. Register, Bismarck, and S. E.