Branton v. Washington County
Branton v. Washington County
Opinion of the Court
delivered the opinion of the court.
At the October meeting, A.D. 1900, of the board of supervisors of Washington county, they let the contract for the hiring of the county convicts to George G. Johnson, at the price of $5 per month for both classes of convicts. The appellants (complainants below) bid also for the hiring of said convicts, and offered to pay a greater price for their hire than that offered by Johnson (appellant B. L. Lee offered to pay for first-class convicts each $8.75 per month, and for second-class convicts each $6.75 per month, or for every convict of both classes $7.75 per month), and also tendered good bonds for the performance of their several contracts. The complainants, alleging the contract of the board with Johnson to be illegal and void, because it was not the highest bid for the control and management of said convicts, enjoined the performance of said contract with Johnson, and prayed a decree of the court for its annulment, and for requiring said board to accept the bid of one of the complainants in lieu of that of Johnson, accepted by them, or requiring said board to relet said contract. A demurrer by the board was sustained, and the p injunction was dissolved; hence this appeal.
The bill distinctly shows that B. L. Lee, in his bid, offered a greater or better price for the convicts than the bid made by Johnson and accepted by the board; and the point is sharply made that the board must let the contract for the hiring of the county convicts to the highest bidder, and without any discretion in the board, except as to the solvency of the bond tendered, which in this case is admitted to be unimpeachable. The contention that the public distributively, as taxpayers, have a property interest to have the contract for the control and management of convicts let to the highest bidder, like the
Affirmed.
Reference
- Full Case Name
- Peter Branton v. Washington County
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Board of SUPERVISORS. Convicts. Siring. Contract. Best Bidder. Taxpayers. Equity. Injunction. Equity will not, at the suit of other bidders although they be taxpayers, enjoin the board of supervisors from making or carrying out a contract with a person to whom it has awarded the keeping of convicted misdemeanants, because the complainants’ bid was better than that of the party to whom the contract was awarded. 2. Same. Laios 1894, p. 67. Laws 1896, p. 146. Laws 1900, p. 138. Jurisdiction. The statutes (Laws 1894, p. 67; amended Laws 1896, p. 146; Laws 1900, p. 138) providing for the hiring out by the board of supervisors of convicted misdemeanants, gives the supervisors’ court exclusive jurisdiction of the subject and its action is not under the control of other courts.