The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-02-29

James NJ. Allen should surrender his
contract, and they hereby express their
Willingness to cancel the agreement and
surrender to him his we'll secured bond.
upon a fair accounting with the city of
tho value OF the work done, and the
money paid to him, or to his order: And
prooided it can be shown that the work
which has been done comes up to the
terms of the contract and the speoifica-
tions. 30 far as the said work has pro-
gressed.
Resoloed, That the City Council utter
~ repudiate the proposition looking to
any egreement, on their part. to permit
MIR. Clark Waring to contract with them
tor the completion Of the City Hall at
the sum of S86. 900, or for any other sum
whatsoever. That relying greatly upon
what was supposed to be the inteSritu of
the said Mr. Clark Waring, who made a
formal sealed bid for the contract at the
sum OF S140, 900, which bid was subse-
guently sworn to by the said Mr.. Clark
Warlng as being made 'upon his esti-
mates. upon an examination of the plans
and specifications" and in ''good faith,
without communicating with any other
bidder" the Council supposed that they
| could not be wrong in awarding the CON.
tract to the said James Nj. Allen, at the
less bid Of S138,0OO That the subse.
quent affidavit of the said Mr.. Clark
Waring that the work could be done for
So5, 900, and his present willingness to
contract Tor it at the sum of S86, 500, an
advance OF 81, 500, furnishes no evidence
70 the Council that they and the public
may not be defrauded in the materials
ana Me construction of the building; as it
is now alleged, in the case now depending,
That they have been defrauded in the
present contract price; which alleged
fraudulent price is 50, 900 less than The
sworn bona Jide bid of the said Mr.. Clark
Waring, his being sworn bid of
S14O,O0O.
.Resoloed, That if the said James NJ,
Allen thinks proper to surrender the
contract, he may do 30 upon the terms
hereinbefore Expressed; in which event.
the City Council will have reserved to
Themselves all of their rights and equi-
ties under the present contract, secured
by bond, between them and the said
james M. Allen; and further, have re-
served to themselves the right without
avalilng themselves of the suggestions of
| MIR. Allen as to suitable nominee for the
contraot) to select contractor who will
not, at least, have shown himself to be
J under contract with some other party
("nolly unknown to the City Hall con-
traot) to do the work for the sum of
SS5, 900; and the City Council will enter
upon such new contract by again open
ing the same TO bidders at large, upon
such terms as they may subsequently de-
termine on for themselves.
Alderman Simons moved that the com.
munication be received, and the conside.
ration OF the same proceeded with.
| Agreed to.
J. D. Tradewell, Esq, City Attorney,
and j. D. Pope, Esq, associate counsel,
presented their views and arguments in
support OF the preamble and resolutions.
@. D. Melton, Esq, counsel for j. Nj.
Allen and his bondsmen, addressed
Council in support of the proposition
rendered.
| After further discussion by Council,
Alderman Mooney moved that the pre-
amble and resolutions, presented bv
counsel for the city, be adopted. Agreed
| to.
On motion of Alderman Wigg, Coun.
Gil took recess until to, morrow, 7.3O
z. M. WILLIAM J. ETTER,
City Clerk.
| V,nrloD nd f1oo1oroo oho 1,oosk L. L..D.J