
    The State ex rel. v. Johnson.
    1. The commission, created by “ An act to provide for additional accommodations for the insane,” passed April 18, 1888 (80 Ohio L. 181), was authorized to adopt plans limited by the act, but had no power to adopt plans which provided for the expenditure of a sum that exceeds $500,000.
    2. After the adoption of valid plans provided for by that act, the further proceedings in erecting the building (including giving public notice for bids, etc.), are governed by the statutes relating to public buildings. Title 6, Chapter 1.
    8. Until proper plans are adopted, no valid notice for bids can bo given, and no valid contracts thereon can be made.
    PetitioN for Mandamus.
    On April 18, 1883, the general assembly passed “An act to provide for additional accommodations for the insane of the state,” 80 Ohio Laws, 181.
    “Section 1. That there is hereby appropriated from the general revenue fund the sum of two hundred thousand dollars ($200,000) for providing accommodations for the care of the insane of the state not now provided with state care.”
    “ Section 2. The governor, attorney-general, secretary of state, auditor of state, and Roeliff JBrinkerhoff, are hereby appointed a commission to determine upon the manner in which said provision for the care of the insane shall be made ; and in making said provisions for the care of the insane, said commission is authorized to adopt flans which shall provide for the expenditure of .a sum not to exceed five hundred thousand dollars, which shall include heating apparatus and radiators all complete ; also gas works with gas fixtures, water-works and sewerage, so that the building or buildings shall be complete in every respect, ready for the reception of patients, and the same to be fire-proof; and the appropriation named shall also include the purchase of land.”
    
      “ Section 3. If the said commission shall select any site or sites located upon the grounds of any asylum or asylums for the insane in the state, the trustees of such asylum or asy-luras for the insane shall be and are hereby empowered to proceed with the erection of said buildings,” etc.
    “ Section 4. If the said commission shall select a site remote from either of the asylums for the insane, then the governor shall appoint five trustees, who shall proceed with the erection of the building as provided by law, which building shall be fire-proof as far as practicable, with a capacity of not less than six hundred and fifty inmates.”
    The commission organized, and proceeded to discharge 'their duties under the law. After examination and discussion of the subject, the commission decided to adopt the “ Cottage ” plan of buildings; and architects were employed to prepare plans and specifications for such buildings.
    The commissioners of Lucas county offered to the state a deed for a tract of land, near the city of Toledo, of over one hundred acres as a donation, if the asylum should be located and erected thereon, and the offer was accepted and that site selected, and the deed was delivered.
    The architects reported their plans and specifications to the commission ; and the estimated cost of the buildings thus provided for in the plans exceeded the sum of five hundred thousand dollars.
    The commission, believing it to be for the best interests of the state to have the plans thus made, adopted, and that any diminution in the size or quality of the buildings would be detrimental to their usefulness, and, acting under the advice of the attorney-general, who was of their number, decided to advertise for proposals for doing the work and furnishing the materials necessary in the completion of the buildings. They believed — and the result proved they were right — that responsible bids, accompanied with good and sufficient bonds, might be obtained, which wmuld demonstrate that the asylum thus planned, could be completed within the appropriation.
    They therefore caused notice to be published in the newspapers, at the various points in the state required by law, inviting sealed proposals for doing the work and furnishing the material. Blank bids were prepared and furnished by the architects to all who called for them, and, at the time named in the advertisement, some thirty bids were filed with the commission. Each bid was, under the notice, to be accompanied by a good and sufficient bond, in an amount equal to at least 10 per cent, of the amount of the bid, conditioned that if the bidder was awarded a contract he would enter into it and furnish a good bond, with approved surety, in an amount equal to 50 per cent, of the gross contract price, conditioned for its faithful performance, etc.
    The relators were awarded by the commission, a contract for a part of the work, the price to be paid them being about three hundred and thirty thousand dollars. The commission awarded contracts to other parties. The relators made subcontracts for some of the work and materials, and furnished and placed upon the ground selected, a part of the materials to be used under their contract. The commission finally adopted and approved the plans, specifications and contracts so made.
    In January, 1884, the governor appointed the defendants trustees, as provided in section four of the. act. These trustees organized at once, and entered upon their duties, and refused to recognize the validity of the relators’ contract, or to make a contract on relators’ bids. This action is brought to compel the trustees to carry out relators’ contract with the commission, or that the trustees be commanded and compelled to award and deliver to relators, upon their bids, a contract in due form of law ; and the relators aver all the foregoing facts.
    The defendants demur to the petition for the reason that it does not state facts sufficient to constitute a cause of action, or to entitle the relators to the relief therein prayed for.
    
      Chas. H. Scribner and John II. Doyle, for plaintiff.
    
      James Lawrence, attorney-general, for defendants.
   Follett, J.

Should the demurrer be sustained? This depends upon the rights of the relators as shown by the petition. Relators claim they have the right to compel the defendants, either: 1. To carry out the contract relators made with the commission created by section two of the act of April 18, 1883 ; or, 2. To accept of bids made by relators to the commission, and to enter into a contract on the basis of the bids. The character of these claims will apj)ear by examining the powers and acts of the commission.

In tiie care and cure of the insane, Ohio was among the foremost, and recent investigations and experience had shown that the best results are obtained by suitable persons using the best methods in asylums properly located and built as to.site and arrangements. To secure this, and to obtain the benefit of wise and experienced specialists, this commission was created and given special powers.

As is seen by examining the act, the commission was to determine upon the manner in which said provisions- for the insane shall be made etc. The commission, in determining this, determined that provision should be made for using the most advanced methods, and that there should.be provided buildings on the “ Cottage ” plan.

This important part of the work having.been determined, a site remote from either of the asylums for the insane,” was selected by the commission.

Section four of the special act provides, “ If the said commission shall select a site remote from either of the asylums for the insane, then the governor shall appoint five trustees, who shall proceed with the erection of the building as provided by law, which building shall be fire-proof as far as practicable, with a capacity of not less than six hundred and fifty inmates.” Section two says, “ said commission is authorized to adopt plans which shall provide for the expenditure of a sum not to exceed five hundred thousand dollars,” etc.

The special act repeals no part of the statutes on public buildings, but gives the commission a part of the labor and responsibilities of the trustees in other cases.

By Revised Statutes, title VI., chapter 1, section 782 and following, careful and specific directions are given as to the erection of public buildings. Some of the directions are as follows: <! Section 782. The directors, trustees, commissioners, or other officer or officers, to whom is confided by law the duty of devising or superintending the erection, alteration, addition to, or improvement of, any state institution, asylum, . . erected, or now being erected, or to be erected 'by the state, before entering into any contract for the erection, . . . or for the supply of materials therefor, the aggregate cost of which erection, . . and materials therefor, exceed the sum of three thousand dollars, shall make or procure to be made, a full, complete, and accurate plan or plans of such institution, asylum, . . in all its parts, showing all the necessary details of the work, together with working plans suitable for the use of the mechanics or other builders during the construction thereof, so drawn and represented as to be plain and easily understood; and, also, accurate bills showing the exact amount of all the different kinds of materials necessary in the erection thereof, . . to accompany said plan or plans; and, also, full and complete specifications of the work to be done, showing the manner and style in which it will be required to be done, . . . and to make, or cause to be made, a full, accurate, and complete estimate of each item of expense, and the entire aggregate cost of such institution, asylum, . . when completed.” Section 783 directs that when such plans and estimates, etc., are approved, a copy thereof shall be deposited and safely kept in the office of the auditor of state.”

“ Section 784. After sueh plans, descriptions, bills of materials, and specifications and estimates as are in this chapter required, are made and approved, the directors, commissioners, trustees, or other officer or officers to whom the duty of devising and superintending the erection, . . shall give public notice of the time and place, when and where sealed proposals will be received, for the performing the labor and furnishing the materials necessary to the erection of such institution, asylum, . . and a contract or contracts, based on such sealed proposals, will be made.” The commission, to carry out and make sure the determined “ manner ” of the provisions, made plans in accordance with section 782, except that these plans provided for the expenditure of a sum that did exceed $500,000. As is shown by section two of the special act, such plans tbe commission was not authorized to adopt, and could not adopt, but could only adopt plans which provide for the expenditure of a sum not to exceed $500,000. When proper plans are made and adopted, the work of the commission is ended, and the trustees should proceed with the erection of the building as provided by law. The commission had not adopted plans with estimates according to law, the notices were not authorized, and the bids and contracts do not entitle relators to the relief prayed for.

The demurer is sustained, and the petition is dismissed.  