Swasey v. County of Shasta

McFARLAND, J.—

This is an appeal by defendants from the judgment of the court below in a prohibition proceeding therein instituted, prohibiting and restraining the super

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visors of Shasta County from executing a certain proposed contract with persons known as Pareells-Greenwood Company, for the construction by the latter of an iron fence around the grounds upon which the courthouse of said county is situated, and from taking any further action relative to said contract. All questions as to the propriety of the remedy by prohibition and as to necessary parties defendant having been waived, we will not discuss those questions.

The board of supervisors desiring to have an iron fence constructed around the courthouse grounds, on March 12, 1902, the Pareells-Greenwood Company presented to them plans and specifications of such fence and offered to construct it for $1,735; and at the same time one Masterson also presented to them plans and specifications for the same purpose, and offered to build the fence for $1,487.85. On the same day the board ordered that the contract be awarded to the Pareells-Greenwood Company for the sum stated by them upon their execution of a contract in accordance with their plans and offer, to be approved by the district attorney and signed by the chairman of the board, etc. But prior to that time the board had not advertised for plans or specifications for said fence, "and had not adopted any plans or specifications, and had not given any notice that the contract for construction of the same would be let to the lowest responsible bidder; and for these reasons the court below held the contract void and prohibited any further action toward executing and enforcing it. The question to be determined—as will hereafter be seen—is whether the word “building” as used in the County Government Act, includes the “fence” described in the petition for the writ of prohibition.

Subdivision 8 of section 25 of the County Government Act (Stats. 1897, p. 459) provides that the board of supervisors shall have power “under such limitations and restrictions as may be provided by law,” to provide a courthouse, jail, and hospital, “and such other public buildings'as may be necessary,” etc., and it is further provided that none of such buildings shall be constructed until plans and specifications shall have been made therefor and adopted by the board, and that “all such buildings must be erected by contract let to the lowest responsible bidder, after notice by publication in