Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1929-11-21
COLUMBUS NEWS LETTER
(By Elmer p. Fries)
That Apple Greek Decision

Apple Creek Decision" may upset
the financial apple cart of the ad-
ministration of Governor NJ Y.
Cooper spread among state officials
this week Disastrous consequences,
in the form of curtailment of eX-
penditures, interference with pet
projects and court findings that the
Cooper legislature violated the con-
stitution and bungled it's JOB in pass
ing appropriation legislation. may
follow in the opinion of some legal
experts.
The situation is seen as one load
ed with dynamite by capital obsery-
ers. Needed to touch it off is a suit
by any interested taxpayer. If such
q prankish person comes forward
and is sustained in court the finan
cial program OF the administration
may be wrecked. Here is the pic
ture: Prev GUS legislatures author
lied appropriations for specific pur-
poses The Cooper legislature au
Ihorized lump sum appropriations
in general language. These gave
wide discretion to taX-spending Off
, cials without requirement that tax
payers money be spent in accord
lnce with "a specific appropriation. >
The Ohio constitution provides: mo
money shall be drawn from the
treasury except in pursuance of a
specific appropriation made by law. =
\ suit decided a few days ago was
brought by w. S. Pealer, prominent
Columbus lawyer, on behalf of a
taxpayer, to enjoin contract for
obstruction of the Institution for
Feeble Minded, at Apple Creek, in
Wayne county. In it the constitu
tionality of the appropriation was
questioned. The court decided that
in this particular case the require
ment as to ''spec fic" purposes had
been met because the appropriation
was continuing legislation, having
been passed by the 1927 legislature
and re-enacted by the 1929 legisla-
ture. Raising of the point, how
ever, filled legal representatives of
the adm niStration with alarm. And
although it could not be tested in
the Apple Creek suit, it is conceded
by legal authorities that the way
has been paved for a general attack
on the appropriation acts of the
Cooper legislature, with complete
annulment as a possibility. 1t was
freely predicted that any taxpayer
inquisitive enough to file a suit will
create a panic that will make Wall
Streets worst experience seem like
a merry p cnic.
Even as it was. the administration
took staggering uppercut on the
chin in the verdict by Judge j. D.
Barnes restraining execution of the
Apple Creek construction contract.
The jurist held that the contract
was not authorized under the law.
was not awarded to the lowest bid
therefore void"
The court also said: "The pro-
vision of the statute that the con-
tract should be awarded to the low
est bidder is mandatory. This pro-
vision of the law is enacted in order
to prevent fraud or favoritism The
acts of the public authorities in
awarding contracts must conform to
the law Otherwise their awards are
looked upon with suspicion"
A contract award on the 1854,
4S9 project having thus been set
aside as illegal, Governor Cooper
and Hal Griswold, State Welfare Di-
rector, now are seeking a means of
proceeding legally.
The suit threw additional light on
( the fact that instead of doing the
work under plans of the state archi-
tect at no extra cost to the taxpay-
er for architects fees, as the pre-
vious administration intended, the
Cooper administration awarded the
architects job to Gustave Drach,
Cincinnati architect, whose fees are
to be about $4,000. A similar pol.
icy has been followed in the case of
the proposed state office building,
the job having been given to Harry
Hake, another Cincinnati architect.
and two associates, whose fees take
a slice of about $4,000 from the
$6,000,00O, the building will cost
the taxpayers.