State v. Board of Com'rs of Saline County

• Decision Date: 03 March 1886
• Citation: 27 N.W. 122,19 Neb. 253
• Parties: THE STATE OF NEBRASKA, EX REL. THE GLOBE PUBLISHING CO., v. THE BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY
• Court: Nebraska Supreme Court

27 N.W. 122

19 Neb. 253

THE STATE OF NEBRASKA, EX REL. THE GLOBE PUBLISHING CO., v. THE BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY

Supreme Court of Nebraska

March 3, 1886

ORIGINAL application for mandamus.

Abbott & Abbott and Dawes, Foss & Stephens, for relator.

Hastings & McGintie, for respondent.

OPINION

MAXWELL, CH. J.

This is an application for a mandamus to compel the defendants to award the contract for the supplies for Saline county for the year 1886 to the relator.

It is alleged in the petition that the plaintiff is a corporation duly organized under the laws of this state; that on the 3d day of December, 1885, the county clerk of Saline county published in the Opposition, a newspaper published at Wilber, in said county, estimates of the probable number of each item of books, blanks, and stationery required by said county for the use of its various officers for the year 1886, and invited sealed proposals for furnishing the same that the cost of furnishing books, blanks, and stationery for the officers of said county greatly exceeds the sum of $ 200 per year; that on the 31st of December, 1885, the relator filed a bid in writing with the county clerk of said county "in and by which the plaintiff offered and proposed to furnish all the items so advertised for, and did state the several items thereof, and the quality of each, and the price of each gross item thereof;" that "said bid was the lowest bid and in response to said advertisement, and that the plaintiff is competent and amply responsible for furnishing such supplies, and each and every item thereof that it has tendered to said county board a good and sufficient bond for the faithful performance of its bid, in the sum of $ 1,000, with two good and sufficient sureties, residents of the state;" that "said county board at its first meeting in January" opened all the "bids so filed, being two in number," and "refused to award the contract for furnishing such supplies to either; but rejected both of said bids and refused to further advertise for bids, but have in violation of the statute employed one Ben. H. Hayden to furnish all such supplies as may be needed for the current year in the several county offices; and did then and there require the several officers of said county to procure such supplies as were required for their several offices for the current year from said Hayden," etc.

The defendants filed an answer to the petition, and the relator has demurred to certain counts of the answer, but in the view we take of the case neither the answer nor demurrer need be noticed.

The statute requiring the county board to award contracts for supplies to the lowest bidder is as follows (Sec. 149, chap. 18, Comp. Stat.): "In all counties where the cost of furnishing the officers with books, blanks, and stationery shall exceed the sum of $ 200 per year, the supplies for such purposes shall be let in separate contracts to the lowest competent bidder, who shall give bond for the faithful performance of his contract with at least two good and sufficient sureties, residents of the state. The bond required by this section shall be approved by the county board and the sureties therein shall justify in the same manner as sureties on official bonds.

"Sec. 150. It shall be the duty of the county clerk on or before the first day of December, annually, to prepare separate estimates of the books, and blanks, and stationery required for the use of the county officers during the coming year, and which by law are not required to be furnished by the state, and during the first week in December he shall publish a brief advertisement in one newspaper published in his county, stating the probable gross number of each item of books, blanks, and stationery required by such county during the year following the first day of January next ensuing, and inviting bids therefor, which bids shall be filed with said clerk on or before the said first day of January.

"Sec. 151. The county board shall, at their first meeting in January in each year, open said bids and award the contract for the furnishing of all such books, blanks, and stationery as may be required by county officers to the lowest bidder competent under the provisions of this subdivision, and who complies with all its provisions; Provided, That the county board may reject any or all bids.

"Sec. 152. The accounts for books, blanks, and stationery furnished under said contract shall be audited and paid as other accounts against the county, and no county board or other county officer shall procure any such books, blanks, and stationery from any person other than the contractor or his assignee during the existence of such contract, and no account therefor shall be paid by the county."

These are special provisions that regulate and control the letting of contracts for the supplies mentioned in the statutes. It will be observed that the language of section 149 is,...