Colorado Pav. Co. v. Murphy

Citations

• 78 F. 28
• 1897 U.S. App. LEXIS 1656
• 37 L.R.A. 630

Syllabus

<p>1. Public Officers — Breach of Duty — Rights of Citizens.</p> <p>One who seeks relief from the courts for a breach of a duty imposed upon public officers by statute must show that he has a vested right to the discharge of that duty, and that the statute which imposed it was enacted for the benefit of himself and others in a like situation.</p> <p>8. Same — Action for Breach of Duty.</p> <p>If the duty was imposed for the benefit of another person or class of persons, and the complainant’s advantage from its discharge is merely incidental, and not a part of the design of the statute, no such right is created as forms the subject of an action at law or of a suit in' equity.</p> <p>8. Municipal Corporations — Letting Contracts — Rights of Lowest Bidders.</p> <p>The usual provision in city charters that contracts for public work shall be awarded to the lowest reliable and responsible bidders was not enacted to furnish employment for contractors, or to benefit a bidder for such work, but with the design to benefit and protect the property holders and taxpayers of the municipalities.</p> <p>4. Same — Rights of Taxpayers — Injunction.</p> <p>Taxpayers and property holders whose rights of property will be injuriously affected by the fraudulent or arbitrary violation of this and similar provisions of city charters may maintain a suit to enjoin such action by public officers whose duty it is to comply with them.</p> <p>8. Same — Rights of Lowest Bidders — Injunction.</p> <p>But the lowest reliable and responsible bidder for a contract for public work has no such vested or absolute right to a compliance with such provisions of the statutes as will entitle him to maintain an injunction against their violation by public officials, because these provisions of the statutes were not enacted for his benefit, or for the benefit of his class.</p> <p>8. Same.</p> <p>The presentation by a reliable and responsible bidder of the lowest bid for a contract for public work to officials wh