The American state reports (Volume 50); containing the cases of general value and authority subsequent to those contained in the "American decisions" ... courts of last resort of the several states

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1896 Excerpt: ... commissioners, to reject all bids called for by them for the construction of a state capitol building, the courts are not warranted in interfering by injunction, upon the rejection of all bids and the issuance of a new call prescribing different conditions: Goss v. State Capitol Commission, 11 Wash. 474. The determination of who is the lowest and best bidder on a contract cannot, where there is a rational basis of fact to support such determination, be set aside on certiorari: McGovern v. Board of Public Works, 57 N. J. L. 580; Schefbauer v. Kearney, 57 N. J. L. 588. Thus, under the laws of New Jersey, the board of township committee, in the exercise of the power of lighting the streets of a township, is not bound to award a contract, where the street lighting is done by contract, tothe lowest bidder for such work, but they are bound to oxtTcise the power in a bona fide manner, and with reasonable discretion and judgment, for the benefit of the township, basing such reasonable discretion upon a rational basis of fact in its support. When the determination of the board is upheld by such rational basis of fact, the court will not decide disputed facts or weigh evidence in order to review the action of the board in awarding contracts of the class in question: Schef bauer v. Kearney, 57 N. J. L. 589; McGovern v. Board of Public Works, 57 N. J. L.58Q. The lowest bidder, in amount, has sometimes sought recourse in an action for damages caused by the rejection of his bid, and the award of the contract to another. But, as a general rule, a public officer is not responsible, in a civil suit, for a judicial determination, however erroneous it may be, or however malicious even the motive which produced it. And, as municipal officers act in a quasi judicial capacity in...