105 Ga. 352 | Ga. | 1898
The Southern Mining Company brought an equitable petition against W. B. Lowe, certain named corporations, and the prison commissioners of Georgia. The case made by the plaintiffs allegations, so far as material to the present discussion, was, in brief, as follows: Under the act of December 21, 1897 (Acts of 1897, p. 71), the prison commission invited bids for hiring the penitentiary convicts of this State. 'The plaintiff desired to obtain three hundred of them. It entered into an agreement with Lowe, whereby he, as its agent, •was to deal with the prison commissioners and in its behalf make bids for the 300 convicts it wished to hire. A number of other named corporations and natural persons made Lowe their agent for the same purpose. He was to bid in behalf of each party for the number of convicts each desired to procure; but no matter in whose behalf any convicts should be by him obtained from the State, nor whose bids for the same should be accepted, such number of convicts as ivere in fact -awarded to him as the agent of all or any of these parties, whether more.or less than the numbers actually bid for, should be distributed pro rata among all the corporations and other persons represented by Lowe. After much discussion, it was finally agreed by Lowe and all the parties so represented by him, that, as their agent, he wras to bid $96 per annum for each convict; though it was nevertheless further agreed that in the event the bids made in behalf of petitioner or the others represented by Lowe should not any of them be accepted, he was to continue to represent petitioner and the other parties in the effort to procure convicts, if, by the rejection of bids, further opportunity should be presented-to deal with the-prison commission só as to accomplish the encj. in view, viz., to obtain the use of some of the convicts to be hired by the State under the above-mentioned act, who were intended, in the case of the plaintiff, to be employed'in working certain coal-mines owned and operated by it in Dade- county. The plaintiff vested in Lowe full and unconditional power to represent it, and agreed to be bound by any contract made by him in. its hehalf. There were, in all, but 1,S00 convicts to be- hired by the prison commission. In pursuance of the agreement above set forth, Low^e filed with the prison -commission a .paper
All of the defendants demurred to the petition, upon the ground that it was without equity and set forth no cause of action. Lowe answered the petition, admitting that an arrangement was entered into between himself and the president of the plaintiff, by which he (Lowe) was authorized to bid for convicts for it at the price of $96 per annum, but denying that any authority was conferred upon him to make any other bid in behalf of th'e plaintiff or to contract for the hiring to it of any convicts at a price higher than that just named. In his- answer he also denied that the plaintiff had given him unconditional power or authority to represent it in the matter, or had' agreed' to be bound by any contract he might make in its behalf. The answer further alleged, in substance, that in making the contract for the hiring of convicts, Lowe was in no sense representing or acting for the plaintiff. At the hearing, the judge heard evidence upon the merits and passed an order refusing to grant' the injunction. In this order, however, it is distinctly stated that the injunction is denied “upon purely legal grounds, and not upon any matter of discretion with reference to conflicting evidence.” The question is therefore squarely presented, whether or not, upon the assumption that the plaintiff’s allegations were proved, it was entitled to the injunction for which it prayed. We agree with the trial judge in holding that it was not.
The 11th section of the act of 1897 provides that the prison commission shall advertise for bids for the hiring of all the penitentiary convicts not disposed of by the preceding sections, and distinctly declares that the commissioners “may reject any and all of said bids, and may make any other contract of hiring on the plan specified which,' in their judgment^ will carry out the intentions of this act and subserve the best interest of the State.” That this language confers upon the commissioners
In reply to the suggestion that the injunction sought in the present case ought to be granted because the prison commissioners raised no question as to the jurisdiction of the court over them, and had assured the plaintiff that if convinced that Lowe really was its agent in contracting for a portion of the 700 convicts they would enter into a contract for the hiring to the plaintiff of its proportion of the same, it need only be said that these commissioners can not, by waiver or otherwise, give to the courts jurisdiction of the State in a case of this nature; nor can they thus delegate to the courts a question the decision of which devolves upon them. It is their duty to ascertain whether the plaintiff was one of the principals for whom Lowe was acting as agent, and to govern their action in the premises accordingly.
Judgment affirmed.