, 1877-08-12
HARMS EXTRAS, AND EXTENDING PUB
LIC MONEY

| The decision of Judge FAEwELL in the
case of HAns1s' extras is deserving Of public
! attention, and also Of public commendation.
| 1t conveys m instructive lesson, which
should never ba forgotten by Legislative Off
GERS. HENRY HARMS was contractor for
| building the foundations of the Court
House. His contract price was $S4, 900.
The contract specified that the County Board
| might direct changes or alterations in the
| plan Of the work, and that for all extra or
additional work he should be paid such sum
| as the architect should certify to be due
! him,-the architect being made the sole arbi-
| ter in the matter. That was the contract.
When the work was completed, the archi-
! tect certified that the contractor was
entitled to something like $4,000;
but the contractor demanded the
sum of $3.50, 1000. HARMS appealed to the
County Board, which body, after more than
eight months deiberation. passed an order
directing that he be pnid substantially his
whole claim from the County Treasury. An
Injunction restraining the payment in excess
of the award of the architect was granted,
FARwELL.
The mere sum of money involved in tho
claim of HARMS was comparatively insigniti-
cant, but the sum of money eventually de-
pendent on this decision is large one
The first attempt to pluuder the public was
in the awarding of the contracts at extrava-
CANT prices. Such, however, was the war
fare on these proceedings that that policy
was abandoned, and the "claim for extras"
was considered more advisable. Tho HARMS
case was therefore made q precedent, and
the Bonrd Of Commissioners, setting them.
selves up as liberal aud generous en-
ployers, undertook to vote the con-
tractors large additions to their con-
tract prices. The arrest Of the HARMS
allowance by injunction was not foreseen;
and the delay was SO great TINT WALKER, the
contractor for stone, became impatient. He
had claim for 500, 900 for extra material,
but the architect refused to certify to
more than $9,0 600, and WALLER appealed to
the Board. In like manner, SEXTON, another
contractor, had q claim for "extras" to
which the architect refused to certify. Pend
ing the decision in the HARMS case it was
considered prudent BY the County Board to
disallow the claim until the question Of
power was decided by the Court.
The system Of paying for building the
Courthouse by extras WAS a bold, if not in
genious, one. The contracts were originally
for liberal prices, but it YVES never intended
that the expenditure should be limited to
those prices. In the contract it was stipu-
ulated that the contractors should be paid
whatever sum for extras might be award
ed them by the architect. This officer
was appointed by the Board, aud his acqui-
escence in robblng the public was considered
as certain Architect E0AN, however, proved
to be different kind Of man he has refused
to obey the orders Of the Ring. He defiant
II resisted all threats in the case Of HAMS
aud Of WALKER In consequence of his OBJ
stinacy and his defense Of the public, the
Ring Was driven to the necessity Of having
the Board assume the power. Of voting what
ever sums they might feel disposed to vote
to the contractors. Had their power to do
this in the HARMS case been affirmed by the
Court, then the work On the Courthouse
would have been paid for after this fashion
Architects estimate for work according to
contract, 500, 900; extra allowance, so per