Saint Paul weekly Minnesotian., 1859-06-04

Government might be supplied by the lowest
bona tide bidder in fair competition
The Secretary had power to procure timber
by open purchase, if needed for immediate use.
Such is the plain language of the law. (See
Brightlys Digest, 191, section ~ And so
the law is understood by the Navy Depart
ment, as proved by John Lenthal, chiefof the
bureau of construction, equipment, and re-
pairs. About three thousand feet of Bigler's
timber in the Kittery yard, and probably as
much at the Gosport yard, had been used and
paid for by open purchase, being needed for
immediate use; and this circumstance was
urged by Bgler as a reason for the purchase
of his entire stock. But the Secretary did
not consider the exigency Of the public ser
vice required the immediate purchase and de-
livery of large quantity of live-oak timber.
This is obvious, for the reasons: ~fg .
l. That he refused to purchase, although
the stock of Bigler was offered at the moder-
ate price of $1.10 per foot; and Swift said
that would establish the price, and he would
have to take the same for his. (See Bigler'
testimony
The unusual clause in the published pro-
posals to bidders, 'reserving the right to de-
cline making any contract for purchase and
delivery at any navy yard, if he should then
deem it unnecessary or disadvantageous to
the public service"
3. The Secretary instructed Mr.. Lenthal,
he understood, to specify, in the advertise
ment for timber, the earliest time at which it
could be cut and delivered; and he specified
the first of February, 1859, as the eraliest
day practicable. OF course, the Secretary
knew it would take several months to cut and
deliUer it..
l. +. But little of it has been used since
the delivery of it on contract, as hereafter
stated. Mr.. Lenthall, chief of the bureau of
construction, equipment, and repairs, testifies
as follows .. ....... ...,.. aa.
81 think that timber of that description was
needed; not the whole of it; probably we
could have done with much less than was
called for. But think it was for the interest
of The service to have got that description of
timber, and think we wanted it them ~.
"Questioa. At that time: aa s'ara a-o-s 81
".Answer. Yes, sir; portion of it"s "
They got portion of it as already noticed
They must have gotten all or nearly all then
needed, for it is proved but little of the TIM
Der referred to has been used since it was de-
lvered under the contract According to the
testimony of B. F. Deano, naval constructor
at Brooklyn, about one fourth of the quantity
delivered then, say siX-thousand feet, has
been used. Samuel Il. Hartt, naya. construc-
tor at Gosport proves that about three hun
dred feet have been used at that yard. Z '
Francis Gricr, naval constructor In the
| Philadelphia yard, proves there was a little of
1t used ON sloop No. l, in the Philadelphia
yard, and that some was used on the Griffith
ship, but leaves the quantity indefinite He
also says, if the matter had been referred to
him, he would not, as q matter of official
duty have recommended the purchase Of
Swift's timber, and it was not necessary to
purchase it to carry on tho business of the
yard. -,. r
Proposals FOR timber were prepared by Mr..
Lenthall, under the directions of tho Sccrcta-
ry When submitted to him, he did not ap-
prove OF the time fixed for the delivery, which
was the first Of February, 1869, and changed
it, making half deliverable on the 1st of Sep
tember, 1858, (about twenty days after the
contracts were completely and the remaining
half on the 1st of February, 1859
Swift and Bigler seemed to have entertained
no doubt that they had tho contracts within
their grasp, as they had the timber already
in all the yards except Warrington and, to
prevent competition between them in bidding,
Swift agreed, if he got the contracts to pur-
!
for which he contracted with the Government.
Swift bid to furnish the timber at Sl.3O :;
Bigler nOminally bid at much higher rate, in
order that the contracts might be awarded to
SHft. 1t turned out there were several other
bidders, though they knew it would be impos-
sble for them to deliver any timber on the
1st of September. They believed the Secre-
tary would grant them an extension Of time,
and doubtless under that belief, bid in good
faith. Swift was underbid for every yard,
and the contracts were awarded to the lowest
bidders: Buxton & Lawrence, at Kittery,
Charlestown and Brooklyn; Samuel B. Grice,
at Philadelphia and Gosport; and Contes,
Degraw & Beech, at Warrington. Buxton &
Lawrence failed toexecute their contract with
in ten days allowed them. The other sue
ccssful bidders executed their contracts as
required. Samuel b. Grice delivered only
400 feet of timber at Philadelphia within
the time stipulated for the first delivery
Coates, Degraw & Beech, did not deliver any
at Warrington. They each applied to the
Secretary for an extension of time, which he
declined to grant; and on or before the | 9th
of September the contracts were all annulled,
and "a contract made with w. n. G. Swift to
supply all the several yards, at the same rates
at which the contracts were first awarded,
ranging from $l.O9 to SLIT per cubic foot,
and being an average of SLIP.
The usual time allowed contracts for live
oak is one and two years; because, unlike
other timber, it is rarely kept on hand by
lumbermen, and generally has to be cut near
the coasts of the Gulf of Mexico, after the con.
tracts are made; and being esteemed more
valuable when cut between the 1st of No
vember and lst Of March, one winter season
at least is allowed for that purpose.
Having shown the Secretary did not deem
this timber necessary for immediate use, il
may be here remarked that he could not, and
did not, under the first contracts, or under
that with Swift, expect half of the timber to bt
delivered on the lst of September, or neal
that time. Every one knew it was physical
r ly impossible to deliver any portion of it a
Warrington (Pensacola) by that time, or fo
months afterwards.
None of the contractors for that yard hat
5 any timber there, or near there. Each O
them had to cut it from the forest before h,
. could delivered it. The yellow fever wa
:, prevailing along the Gulf coasts with grea
4 fatality, and 10 one would have exposed him
: self ta the danger by cutting timber durin
t it's prevalence. Without this obstacle, it wa
q impossible to have cut and delivered the tim
ber by the time specified, or even to hav
placed force in the forests, where it might b
II cut between the execution of the first contrac
t and the lst of September.
s 1t appears that Coates, Degraw & Reach
. the first contractors for the Warrington yard
. were making reasonable exertions to furnis
e the timber. The1e is no sufficient reason 70
d believing they would not have furnished it a
e soon as Swift In fact, it appears he has nc
o yet complied with his contract at that yard
and has delivered but a small portion of tn
+ timber. Beach, of the firm of Coates, De
= graw & Beach, testifes that they had lnad
e arrangements by which they would have bee
y able to deliver it al. by the 1st of February
And whether that be so or not, there is nc
y thing shown to justify the belief that the
L would not have delivered it as soon as Swift
5, The inquiry at once arises, why was thei