Masonry Magazine February 1964 Page. 37
A foreign contractor accepted by the United States, and who had begun work on the Federal project, was convicted by the Circuit Court of Pulaski County, Arkansas, of working as a contractor within the State of Arkansas without having obtained the license required by Arkansas law. The Supreme Court in Arkansas confirmed the conviction State of Arkansas v. Leslie Miller, Inc., 225 Ark. 285, 281 S.W. 2nd 946 (1956).
On appeal by the contractor, the United States Supreme Court reversed the conviction (Leslie Miller, Inc., appellant v. State of Arkansas, appellee, 352 U. S. 187, 77 S. Ct. 257, 1 L. ed. 2nd 231 (1956).
The Court in reaching its decision reasoned that in view of the standards stated in the State licensing statute, the State's licensing board would, if the contractor were subject to the licensing statute, have a virtual power of review over the Federal determination as to whether an award of a contract to a particular contractor is consonant with the policy stated in the Armed Forces Procurment Act, that bids be awarded to the lowest responsible bidder.
It is also interesting to note that the Arkansas state statute in question required qualitications in addition to those that the Federal Government had pronounced. This indicates a judicial inclination to award supremacy in this field to Federal rather than state regulations.
Therefore, it would seem that a foreign contractor bidder can safely rely on compliance with the Federal agency's requirements for bidding even though such compliance results in a failure to comply with or a violation of the local state's law regarding licensing.
In conclusion, a foreign contractor-bidder should, on making a decision to submit a bid, immediately examine the local regulations or pertinent Federal statute and thereby determine the applicable law, asking himself the following questions:
1. Is a contractors' license required prior to submission of a bid? or after? or at all?
2. If the bidder is a corporation, must such a corporation be qualified to do business in the foreign state at the time such bid is submitted? or need the bidder only file an intent to do business in such state?
3. Must the bidder appoint the Secretary of State of the foreign State as its agent for service of process?
4. If a contractors' license is required of the bidder, must the bidder (if a corporation) be qualified to do business in such State prior to its application for a contractors' license? or only subsequent to its application?
5. If a contractors' license is required, specifically to whom should such application be made, what is the fee and how soon after
(Continued on page 36)
SONRY February, 1964
25 MASONS
three floors up
easily supplied
by
LAD-E-VATOR
Automatic
Hoist!
a positive answer to
the problem of rising costs
and a larger PROFIT for
you.
The Lad-E-Vator is built of tem pered aluminum, giving an over all weight only one-third that of steel. Because of this light weight the Lad-E-Vator trans ports and sets-up easily. The tower telescopes to 16, 20 or 25 ft. lengths for towing behind car or truck. Unloading height for materials up to 42 ft. Load capacity is 1250 lbs. Lad-E-Vator is also available with a curved top for using as a skip, or with dumping scoop for hoisting loose materials.
Write us today for the distributor nearest you.
CAMPBELL Equipment Company
P. O. Box 306, Des Plaines, Illinois
35