, 1874-12-15

tc,d from tho cnft bank 1f p NORTH lltntch Of tho
alu!l -, DO sll tlle work Of wlta!sonyer n,turc
re IL teso stS seclcations" M In another .heao words
arc fo,i.tl "Tho ws,nlo of tho work"
@ tatlenl ' All a. Il Tic loasd Of iulio qorks sha
frsun tine to tirno sppoint for tle rurpAac:n
a,i,a w i' thr,a as Whit: "s wois Il iho WORK in
elntcd In taoao n1eoihcatlons to 30 eolnnsnee @ au
direct" oc. It would arcn hst In yisw Of tto char.
Ter reu!rlng plans aud spscincasons q tto work and
~ s'a for Sas'ss ts wsr 10 e ai in Wv
to f.cs TINT The Hpcsiacaonn Ia t1a easa nrnors a
rofs.. AZ to w1t to b. 1 o a az II a u
of tho fact TINT In describing tn work 70 70 le. - ~
sreccatnna," thnt tic btlor lad right TO aHbnno
thai ho wan not IL ho required to do anything Whion
as not to bo found ia theto specifications, or indicated
Ttero specifications cover tho removal Of HravelinE'
otc efora excavation, tlo excavation of tho reneh
tic sasns Of ho I was Of ~ tue Fsva
nnd provide u1pre,ay that they shall q. bo ,ouq bJ
thsso eoraetoss "na ssiy IN ,nInne'y sa. y,,,r. noT
not u1prcsB word tp by whom, this back kin1.
is TO bs dono and not word to by whom tle tln
be- tonc nor VI Ia o moao in whIc either item shsll
In donc; wliln all thu work necessary to tho conpc-
ton Of sho or'cs conduit or conduit proper Is nhusc-
Is understood thattt is elstmsd by tho c!.y that
thc.e coutractora arc 1s,und 10 Dc he finishing I'M
1NcalAteiy At tia lko and at tho r1vor but It III con-
poed tst that part Of lilo enterprise not included
IN ta conlract. and th, contractors nzist that ths
Hucl bonG tile conditions Of tho plans nn spccilea
uons, tho bids voro ai' and tic contract proper wa
foandasion and S'S S,sIs " q a s eonrsct "'F' LUZ
Untlcr ticse circumstances tho contract was pro-
pared aud cxacntel.
It ia Atre tsuo TINT no expresa cla,tso or word can
la found, either IN the contract or specifications, in
roeug upon sloso contsItoru tho doing Of tho back
r: Warts f1as aier ' ans s
rroeoedsd to advertise md lot to 5oo otl1er con-
ing tho utroct bo In readiness ta recciye the
artificial structurcs IN the way Of Sidewalks crossings,
cnlysrtH etc., 70 90 70 keep with tho work Of theae
contractors and It had Ceou insisted BY airy that
this could not ea ono bucauso Of tho proposed work
being cmbraeed In this contract, provision could
any certainty. In fac, It il Impossible 10 point out
any given sa',se or phrase Which repels or Is lncon-
nm 1' s reoon .S f H. ~ sce 70 'o m
done by some other contractor.
On tho uthor baud, no clause can 10 found which
prcssly imposes iixe4 that obligation 0u tho city.
and cogens rcaaons may bo asagned tending to chow
that by tro construction Of tniu contract these
Iii theso CONSIDERATIONS, pro and con- and othore not
horo written have been carefully revoyea and still
s y s 'st ss m t. TIM Of
lou isas th;ss se'''raeter: s,, sss hoa,l y .hs.
no decide tile qleson. No prudent lawyer would
Of confidence how this que..fon woul 10 decided II
brought before the colirta for adjudication. Deiu
a he SaaFa a i a
prolix, to present tho pro and son that
you may seo for yolrgsyos tho uncertainty in which
EuitrtA--Is IL lawful for tho Common Council to
grant to sad Norris |: Co.
AN 1xcnEAsE OVER THEIR CONTRACT PRICE
for building said conduit?
Tho true answer to this q'lcson depends entirely
uron tho facts Of tho casc It not lawful for the
to contractor NIL increase Ills contract price for
lis work. It not lawful for them to 9iyo away the
public money na0roy because thoy may desire or
II It bc true, however. III claimed by these con-
tractors shat tho nauro Of hu material to la c1caysto
ncata Of tie specifications and o showing Of lilo pro-
e and for Tint ca,sc s work tnrns out to TO large
~ more expensive than Il would hhve been la tho
nature ot tia material turned out represented
by tic city: In sch cs:o Ut 1t exAt) the contractors
nay lawfully robcsnd aud ntanon ttclr contract, ard
delautl Of tho city Payment Of reasonable coipen-
nation for their e1tenscn mud lnbor already bestowed
,cceaa,ry loaa by tle depreciation Of machinery, Or
In srl cascr tho cont r.corI may II they chnosc pro-
esc to sCpets t,sir sGntrsst md demand lawfully
tho material Was IN fact found-oycr what woutl
aye been the reasonable coat thereof had tho nature
ond location OF te material hetn ss represented By tho
II tue contractors hayo substantial csrso Of con-
SUBSTANTIALLY utcr to rontrol nf tic Common Co,l,,
cii On pages z15-tl0 Tucy's Law and Oyttnancrs In
ss e c o. Gy 0hartSs II - sssea tt
ani generally zlorainatoa ef 10 i e ~ sayay s.a
and Common C0nctt to oxercsA supervision over all
such Interests Of tla ry 1u any manner may con-
ccrn Or relate to tbs city anaHces, rascnucs, MD
ii, therefore, hors DO liability Of the city to heso
contrnctors, esr III relation Discrepancy frt,,n
statements Of tho snccldcktlons and profile, or in
ff.a
this contract, tie elaim OF tho contractors ~
) proper matter fer adjustment anil settlement
Common Council, w:th tho approval Of to Msyor,
may dtrect ii what manner the controversy alall 10
4. BY es gGptsSSs " ,c
te Si!oe wor oyer their contract price, that Of
the Irctcnt contract mad tho making Of another. This
would bo substantial violation Of thst part Of tho
lat 10 tho lowest bidder, lcsa dolo by yoto of two
pags 4sy Tn!ey I1ws md Ordinances, wltcl. eaets
That aiich contract may Eo entered Into by
i;,:;,s y;!s Of trS:tlira4 oi I'll tas Aldermen
It will be Hean therefore, ia tho surrouol tho
Common Council hayo the lawful power by resolution
e sa Of tso in s y
slta paynct Of any amount Which tho Common Coan-
ell may tnk jnst fot tlo best interests Of tho city
II tho Common Council should sAink 1t nlorn 10 Tho
interest If this city to make sMch adjustment, by aran
Ing to ese contractors III Increase ttir coutrac
Ercc, Tint only be dono lawfully by vote Of twu-
| lhirls Of nil the Aldermen e!ected.
II !: te really true, alleged, TINT these contractors
have tHst ground Of complaint aga1ns. thu ry OIL ac
count of substantial insccnarcy III tia profile to
tha Mltara Of tho material ot within tho risk iaen
by the contractors, az aboyo uxpulHeIb, prMdencc
would acecn to dictate that tho city Etold adjust tho
matter Of tho wark already aoue II practicable by
alowalce to !ia contractors Of reasonable coupensa
lion fur tho proper expense Of doing tho sarnc, md
that so Ie1aiueT u tho wor'' bs To,lat tking good
care. t TINT cnso 70 Impose git tho rtak es TO thu
ysdng expressly 70: Tho doing OF tho bsck-dllIn and
Tho proper restoration Of Tho street by tho contractors
III every respect.
IAis augSsnon Is tho more readily naade "a That
course could not possibly do any wrong instics
TO either party to thu contrary, a1ld would efectually
lisporo ot tic yoaed question Of tho law III to tia
-i!llng, ad Of probably voxcd question Of fact
"a 10 thu Legrco Of inacelraIy III tho profln,
II, howuyer, 1t Is thought more to thu ucraats Of
tho ctty to aajn5t thn whulo muttor by granting to
taGse contractors H icynaso their coract price
and h:yo them sniah the work uudar tho preaent con.
trnct-sa 7aoaiGedto these 1nattora iu conro-
3rh1fn },H one 1,Iu1.