The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1920-02-12

PR
county. A motion to award the coun-
ty printing to the Milaca Times re-
suited in tie and motion to reject
all bids also resulted in tie. A mo-
ton to accept the bid of the Princeton
Union was thereupon adopted by the
affirmative vote of three of the men,
bers of the board then present and was
declared carried by the chairman. For
the purposes of this motion the Court
determines that this acceptance of the
bid of the Union resulted in a rejec-
ton Of the bid of the Milaca Times
and that the effect of such action of
the board was to make contract in
the shape of proposal and an accep-
lance of such proposal between the
County Of Mile Laos and said Prince
ton Union to do official printing of
said county for the ensuing year, and
the Court further finds that it was not
necessary to advertise for bids for
such printing. On the vote for the
adoption of the resolution appointing
the said Princeton Union as the official
paper in which to publish the list Of
lands delinquent for 1919, the records
of the meeting are rather indefinite
and uncertain. It appears that there
were two affirmative votes in favor of
the adoption of such resolution and
that the motion was declared carried
by the chair. The record does not
show any vote by the chair unless his
action in declaring the motion carried
be construed as vote on his part in
favor Of the same. It is not, however,
necessary to pass upon this question
at this time as there is designation
Of the paper to publish the delinquent
tax list on file, made by the auditor.
The law does not require any resolu-
ton designating the official paper for
the purpose Of publishing any of the
official business outside of the tax
lists and it is the opinion of this Court,
for the purposes Of this motion, that
the proceedings are sufficient to make
the Princeton Union the official paper
for the publication Of the official bust
ness outside Of the tax lists, provided
the action Of the board was reasonable
and in the exercise of their proper
discretion. The law vests in such
board the power to reject any and all
bids and to award the county print.
ing to such paper as they believe will
best serve the interests Of the tax
payers of the county, even though the
cost may be higher than it would be
under some Of the rejected bids, as
long as it is within legal limits. II the
action Of the board is legal and not
arbitrary and not in violation Of the
law, then the Court should not inter
fere, for the law does not contemplate
that the Court should act in place OF
the county board or should substitute
| its judgment for that of the officers
chosen by the people, but it only con
! templates that the Court should inter
pose restraining hand when such Of
ticers act unreasonably, arbitrarily OF
IN violation of the law, and should only
Interfere in such action to the extent
of restraining the performance of such
actions of the board as are illegal, un,
reasonable and arbitrary.
Final decision as to whether such ac.
ton of the board should be restrained
will be made when this case is triec
upon the merits and at this time the
Court should not exercise any restraint
unless it is absolutely necessary tt
preserve the matters in status quo OF
unless it conclusive1y appears that the
action of the board will be held iIlega
at the final hearing. The burden ,o1
proof rests upon the plaintiff to make
a showing which will satisfy the Court
| that such is the case.
| do not feel that the burden Of
proof has been met by the plaintiffs
The Princeton Union has been the Of
fetal paper of this county for a mum
| Der of years and has at all times car
ried out it's obligations undertaken BY
its contracts. It has agreed in this in
stance under it's bid, Exhibit ssB". tx
publish call official printing of Mile
Laos county for the year 1920 and tc
furnish in supplement form the finan.
cial statement, delinquent list, anc
other important notices, to six othe,
papers In the county, for publication
without cost to the county," To secure
the performance Of this contract il
has given a satisfactory bond to the
county. These additional papers have
at least some circulation in the partic.
.ular localities from which they emanate
| and these localities are situated ir
various portions of the county. It is
possible that this will furnish me.
dunn Of publicity that could not be OBJ
tanned by publication in one single
newspaper. It may also be that the
fact that the Union is published at
the county seat affords some convent
ence that the board had a right to con-
slder. 1t is possible that the Court
at the final trial, may find that it was
reasonable exercise Of the discretion
vested in the county board to adopt
this medium for giving notice to the
taxpayers rather than the medium of
single newspaper At any rate the
showing is not sufficient to warrant
me IN restraining the Princeton Union
and the county from publishing the
official business of the county between
now and the trial on its, merits.
l feel, however, that It is proper to
make some provision by which the tax
payers who have brought this suit will
be protected in case the Court should
determine at the trial on the merits
that the contract was void. I shall
therefore require the Princeton Union
to file a bond conditioned that # will
return to the county any and all
moneys, if any, collected by it for Of