Citations
- 42 Ohio St. 134
Full opinion text
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: