The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-04-22

- that LANCER removed them frou
office Therefore, under such cir
cuuastances these respondents ye,
spectfully demand that befoY,
charges Of corruption axe made th.
basis Of suspension that those charges
should b made positive and affirma.
tive BY someone claiming and swear
Ing to the facts which they state q
that they may b subject to the Law
Of perjury In the event such CHARGES
are proven false. and that any and
I'll statements not made affirmative
". - hereinbefore set out, should Be
BY Your Excellency ignored.
Point TO Public Record
Further. We direct your attention
to the public record In the office Of
the county auditor Of Durleigh coun-
ty, - shown by the minutes Of the
Board Of County Commissioners,
which shows that at the same meet
ing ct which Mr.. Conrad Of the Quick
Print Of Bismarck. one Of the bidders
tor county printing for the year 1887
appeared and protested. ana after the
Board Of County Commissioners had
decided not to advertise for county
the Board Of County Com
passed the following reso-
luton:
Moved BY Commissioners Swanson
and seconded BY Commissioners Tied
man that no purchases excepting In
case Of emergency Of general office
supplies for the county offices, be
made prior to the regular May meet
ing OF the board, pending requested
legal opinion
ITO this resolution Ill the Commits
Eoners voted AYE" This resolution
was based upon the fact that after
the protest by the Quick Print. repre-.
sented by Conrad, the Board Of Coun.
ty Commissioners asked States Attor.
ney George Register, as to Just what
their proper legal course should be
with reference to the printing and
supplies. Mr.. George Register advised
them that such opinion would require
! legal investigation: that such legal
would take some time to
properly prepare the same, that It
could not be prepared In time for the
current meeting, but they should let
The matter stand Is It was until the
May meeting, and that by such May
he would have the opinion
and filed for their use, and
they passed the above resolution PEN
ding the receipt q the opinion afore-
said, and that Is the status Of the
matter ct this time.
The petitioners absolutely failed to
lurnish you the foregoing Information
md failed to advise you Of the status
thereof - = basis for your order. Also,
The resolution above referred to was
! matter Of record In the office Of the
County Auditor Of Burleigh County.
I'VE further respectfully submit
that II the supreme court Of this state
should finally determine that 1t is
necessary to advertise for bids for
county supplies and printing, then
and In that event, such requirement
would be q condition precedent to any
lawful contract and would be equally
to The Bismarck Tribune
. well g to the county and that con-
dition not having been fulfilled the
would then be void, and not
upon the county and any
supplies which the county might pur-
chase hereunder could be paid for by
the county, not ct the contract price,
but at only the reasonable value
when that was properly de-
Il the value happened to be
less han the contract. In other
words under no circumstances could
It be charged that the county could,
In any manner. be injured in any way
BY the making Of this contract or
contract. II 1t should final
y b held that . publication was re-
quired. Certainly the making Of 4
void contract could injure no one, as
neither could enforce It.
Could Test Law Easily
III there Is real desire upon the
part Of the petitioners to test out the