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dollars, unless notice thereof shall be advertised once a week for at least two weeks <br />in some newspaper of general circulation in the county, calling for bids upon the work <br />be done or for the goods, supplies or materials to be purchased by the,00unty' and in <br />each case the bid of the lowest responsible bidder shall be accepted, unless the county <br />Commissioners shall reject all bids because the same are too high." <br />We are of,the opinion that the officials responsible for the change as here» <br />togore set out in the contract with the Florida Road ailing Company, if any such.change <br />was made, are liable to the County for the difference in the contract price submitted a <br />that paid by the County, which sum would amount to about 58000.00, <br />We find that it has been the practise of <br />the Board from <br />time to time <br />extending <br />up to and including August 19299 and that warrants <br />were Issued to <br />the Redstone <br />Lumber & <br />Supply Company and the same.pajd during 1929 and several years back in payment for <br />supplies purchased by the Board or its authority for public use# <br />e <br />We are informed that while this practise obtained,` Kr, -Tohn He Atkin, member <br />of the Board; was and still is a stock holder and officer in the Redstone Lumber and <br />Supply Company.. We are of the ppinion that Sections 74729 7465 and 7466 of the C. G. L. <br />19279 of Florida,. are applicable in cases of this kind, which are as follows: <br />7572. BOARDS NOT TO PURCB0$ SUPPLIES FROM HERS OF BOARDS. <br />"No Mate or county beard or municipal board or council shall <br />purchase supplies, goods or materials for public use from any firm or corporation in <br />which any member of such board is either directly or indirectly interested, nor shall <br />any such board pay for such supplies; goods or materials so purchased* Any person <br />violating the provisions of this section shall be punished, upon conviction, by fine <br />a <br />not exceeding five hundred dollars or Imprisonment not exceeding one year; provided; <br />that no member of any board aforesaid who shall have recorded his vote against such <br />Illegal purchaseq or wbb shall have been absent at the.taking of the vote thereon, shall <br />be convicted of a violation of this section." <br />COUM U=•tl;i OE' VOTING II %zed OR FOR EXCESS <br />"Tach member of the board of county commissioners voting to incur an indebted- <br />ness against the county in excess of the expenditure allowed by law$ or to pay any.ill- <br />egal charge against the county, or to pay any claim against the county not authorized <br />by law, shall be guilty of malfeasance in office and subject to suspension and removal <br />from office as now provided by law, and shall be guilty of a misdemeanor, and upon <br />conviction shall be punished by a fine of not less than one hundred dollars nor more, <br />than five hundred dollars, or by imprisonment in the county jail for -not more than sig <br />months or both for each offense." <br />7466. COUNTY , AUDITOR NOT TO SIGN ILLEGAL WARRANTS • <br />"Any clerk of the circuit court, acting as county auditor, who shall sign <br />any warrant for the payment of any claim or bill or indebtedness against any county <br />funds in excess of the expenditure allowed by law, or to pay any illegal charge against <br />the county, or to pay any claim aggLinst the county not authorized by law, shall be <br />w <br />personally liable.for such emount; and he shall be guilty of a misdemeanor and punished <br />in the manner and subject to the same penalties as members of said board of county <br />commissioners." <br />As we understand the decision of the Supreme Court of Florida in Lainhart vs. <br />Burr, 38 So. 711, any member of the board who votes in favor of paying.any bill for <br />materials or supplies purchased from a member or from a firm or corporation in which <br />1 <br />1 <br />