Prescott Courier, Inc. v. Moore

• Decision Date: 28 January 1929
• Docket Number: Civil 2766
• Citation: 274 P. 163,35 Ariz. 26
• Parties: PRESCOTT COURIER, INC., a Corporation, Appellant, v. R. E. MOORE, L. J. HASELFELD and G. O. VYNE, as Members of the Board of Supervisors of Yavapai County, A. J. DOUD, DAN SEAMAN and JOURNAL-MINER PUBLISHING COMPANY, a Corporation, Appellees
• Court: Arizona Supreme Court

274 P. 163

35 Ariz. 26

PRESCOTT COURIER, INC., a Corporation, Appellant, v. R. E. MOORE, L. J. HASELFELD and G. O. VYNE, as Members of the Board of Supervisors of Yavapai County, A. J. DOUD, DAN SEAMAN and JOURNAL-MINER PUBLISHING COMPANY, a Corporation, Appellees

Civil No. 2766

Supreme Court of Arizona

January 28, 1929

APPEAL from a judgment of the Superior Court of the County of Yavapai. Richard Lamson, Judge. Judgment reversed and cause remanded, with instructions.

Mr John A. Ellis and Mr. Clarence N. Boord, for Appellant.

Mr. W E. Patterson, County Attorney and Mr. F. E. Flynn, Deputy County Attorney, for Appellees.

OPINION

LOCKWOOD, C. J.

On February 26th, 1928, the board of supervisors of Yavapai county caused to be inserted in the Prescott Journal-Miner then the official newspaper of said county, the following advertisement:

"Proposals Wanted. Sealed bids will be received at this office up to two o'clock P.M., Mondays, February 20, 1928, by the board of supervisors for the following purposes, to wit:

"For the County Printing. Bidders must state the gross sum for which they will do the printing required by the county for one year. The county printing will include the following:

"A -- For the publishing of the minutes of the board of supervisors of Yavapai county and the publishing of all advertisements required by law in the conduct of county business. The successful bidder will be required to furnish the office of the board of supervisors with the copy of every issue of the paper in which the minutes and notices are published, and in addition extra copies, not to exceed twenty, when same are required. The minutes of the board must be published in a newspaper of general circulation in the county within six days after being furnished by the clerk of the board. All notices and advertisements must be published as many times as requested.

"B -- For the printing and furnishing of all ballots, poll lists, tally lists, blanks, election laws, cards, and any other supplies, that may be needed or ordered by the clerk of the board for the primary and general elections.

"C -- For the printing and binding in booklet form seventy of the annual reports of the clerk of the board of supervisors of the county. This report must be printed in accordance with plans and specifications prepared by the clerk of the board of supervisors.

"D -- For the printing and supplying of stock for all receipt books, assessment sheets and all forms and blanks required by the various offices of the county in the conduct of county business, the quantity required, a sample of the quality of paper and specifications as to form, may be seen in the supervisors' office. The quantity of supplies shown on quantity sheets are approximate only, based upon estimate requirement for period specified and are subject to a variation of ten per cent. (10%) more or less.

"All specifications for the above requirements may be seen at the board of supervisors' office, Prescott, Arizona.

"Contracts for all of the above proposals to run for one (1) year from February 20, 1928. Payments will be made monthly by warrants drawn upon the expense fund.

"The successful bidder will be required to give bonds in such sums or amounts as the board of supervisors may require or as may be required by law for the faithful performance of contract, the same to be approved by the chairman of the board of supervisors of Yavapai county, Arizona.

"The board reserves the right to reject any or all bids. Bids to be indorsed 'Proposals for ,' and have a copy of this advertisement attached thereto and addressed to the board of supervisors of Yavapai county, Arizona. Each bid must be accompanied by a certified or cashier's check for the sum of $25.000, payable to the order of the board of supervisors of Yavapai county, Arizona, as a forfeiture conditioned on the faithful execution of bond and contract required of the successful bidder; also an affidavit with his or its bid showing that his or its newspaper in which the publication is proposed to be made has been established and published within the state of Arizona for at least one year prior to the filing of such affidavit.

"Bidders are invited to be present at the opening of bids. For any further information apply to the clerk of the board. By order of the board of supervisors of Yavapai county, Arizona.

"HELEN McEACHRAN, Clerk."

This notice was published on February 7th, 8th, 9th, 10th, 11th, 12th, and 14th. No other notice was given of the proposals, except as above set forth. In response to this advertisement, bids were submitted by the following publishers of newspapers: The Journal-Miner Publishing Company, a corporation, which publishes the Journal-Miner; Prescott Courier, Incorporated, a corporation, hereinafter called appellant, which publishes the Prescott Courier; A. J. Doud, who publishes the "Verde Copper News," and Dan Seaman, who publishes the "Monday Morning Star." All of such newspapers are published in Yavapai county, and qualified under paragraph 4657, Revised Statutes of Arizona of 1913, Civil Code, to publish legal notices which are paid for from public funds. These bids were opened on February 20th, 1928, and on February 24th the board of supervisors awarded the contract to A. J. Doud for the sum of $4,174, his bid being the lowest submitted, but without segregation as to the amounts bid for each particular class of work advertised for. Appellant's bid was for the lump sum of $5,280, but it was segregated for each class of business, setting up the amount per inch to be charged for advertising of the different classes, and that all the other work would be done for the difference between the sum of the advertising, figured at the rate per inch set forth in its bid, and the total sum of $5,280. The contract made by the supervisors with Doud set forth the sum which he had bid, which was to be paid in twelve equal monthly installments, but also provided that the said sum would not exceed the statutory rates for the work, and that, in case it should, the excess would be returned to the county.

Shortly thereafter appellant brought suit to enjoin the carrying out of the contract with Doud, and asking that the board be compelled to award the work to appellant in accordance with its bid. The case was heard before the court sitting without a jury, and on May 26th a judgment was entered in favor of the supervisors, which in effect established the validity of the bid and contract complained of. From this judgment an appeal has been taken.

The sole assignment of error is that the judgment is contrary to the law as applied to the facts above set forth, and in support of this contention appellant relies upon some eight legal propositions. The first is that the appellant as a taxpayer is entitled to maintain this action. We need not consider this further than to state that in our opinion, whenever public officers...