70 P. 984 | Utah | 1902
after stating the foregoing facts, delivered the opinion of the court.
Appellant’s first contention is that the .convention, was a body of public officers of mixed powers, possessing and exercising legislative, executive, and judicial functions;
We now come to the consideration of the vital question in this case, viz., did the convention comply with the requirements of section 1856, Revised Statutes, which provides
It is not contended that the proposals were not read at all, but respondent insists that the time and manner of reading them was in no sense a compliance with the law, and that it failed to give the publicity intended by the foregoing provisions of the statute. It is conceded that on the first day of the session the introductory portions of the bids, and the communications that accompanied them, some of which were elaborate in detail, were read to- the convention; that, when proposals were referred to the committees on tabulation, they were open to public inspection; that the doors of the committee room were thrown open, and all persons, including the agents and representatives of the publishing companies, were permitted to attend, and had an opportunity to examine all the proposals;. and that there was no attempt to conceal anything that was being done. The record shows that the tabulated statements were open to public inspection, and that all of each bid was at some time read to the convention. The proposals, in the aggregate, contained 65 3-4 pages of typewritten matter. Allowing twenty minutes for the reading of each page (estimate made by respondent’s witness), it would
While a change in text-books would necessitate an immediate outlay by respondent of $3.55, it is evident that • during the next ensuing five years, as his children advance
The contention that the convention failed to fix the amount of the bonds to be given by the publishing companies whose proposals had been accepted is untenable, and not
The case is reversed, with directions to the trial court to set aside the injunction and dismiss the action; costs to be taxed against respondent.