Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-07-01

plumbing equipment or systems to be in
stalled IN or In connection with the pres
ent school and other buildings OF the
school city of Indianapolis or that shall
be installed in or in connection with
buildings Of such school city
This contract. I believe, clearly con-
ficts with the provisions Of the law, Is
void and payments to Snider * Rotz
for supervising the installation Of the
plumbing heating and ventildting are
| Illegal and should be returned TO the
treasury Of the Indianapolis school city
sNIDER CONTRACT
HELD ILLEGAL.
According to en- opinion Of the at
torney general Of the State Of Indiana
Mr.. snider as professional advisor is an
/ agent OF the school commissioners and as
their agent could not be interested direct
ly in any contract for the constructor
OF school house work OF any klnu ana
in acting In the capacity specified IN SAID
contracts the parties violated the pro
visions OF the criminal statutes OF IN
diana Section 2425 and 6o,'5.
1.-THE attorney general is further o.
the opinion that both OF the aforesaid
contracts are void as one viuates the
other. and that there is a conIhct pc
tween the duties 3f L. a. Snider as pro-
fessional advisor to the school cohul4s
sfoners and his duties as member OF
the firm OF Snider & RON, contracting
With the chool commissioners Tor certain
work falling within the scope OF ms SonI
tractual duties as an agent OF the schoo4
..Tnnsmuch qs the statutes did not
specify whose duty II was 70 prepare the
necessary planH and specifications ths
hoard OF schooI commissioners had the
rigbt tn employ disinterssted parties for
mis- purpose, provided they were com
netent and not disqualified by any pro-
vision Of the law.
las the law clearly provided that II was
the duty Of the superintendent 81 ouitu
ings and grounds 10 supervise the In
stallation OF all plumbing, heating ana
ventffating systems, all pay ments 10
Snider AZ Rotz for such work are illegal.
THE firm Of Snider & Rotz was dis
qualified TO prepare plans ana sPeclilca-
tions or to act as consulting engineers
after the second day OF March. lD2O, the
date OF L. A. Snider's contract as build
ing advisor, and consequently all pay
uents TO them after that date Tor pre-
pairing plans and Specifications or ,or
eny other purpose are Illegal
The contract with Snider Rotz pro-
vlded that said engineers were to be Pald
lfor their services in preparing the plaus
and specifications and experimenting the
installation of the plumbing. heatlng ana
veutflatiug a sum equal 10 3 per cent
OF the cost of the work three ffthS OF
which was TO be due and payable from
time to time as each contract was aWaru-
ed and the remaining two ffths TO be
due and payable from time to time as
payments to contractors were made.
THE above provisions have been inter
preted by both parties to the contract 70
mean that per cent Of the cost OF the
work was due when contracts were
awarded and that 2 per cent OF the cost
was to be their pay for experimenting
the construction. The records OF the
board and the bills or invoices Of snider
& Rotz indicate that payments TO the
engineers were based on the above inter
probation Of the contracts.
SNYDER APPROVED
OWN BILLS.
According to a rule of the business
director of the board all bills relating to
contracts for building construction, In
Guiding the invoiced or statements OF
Snider g. Rotz as consulting engineers,
and L. A. snidsr, as Luilding adviser,
First, submitted to L. A, snider for
approval, s - 49, 1850
tary of the board Of school commission
| ers.
Third. were approved by the business
director of the board.
"In approving such bills and state.
ments L. A. Snider approved those OF