Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-11-03
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tor who built the new courthouse In
Virginia, Is me in which every taxpayer
in this county has an interest. 1t Ia
time for the people Of Storey county to
look the facts squarsly in the face. and
ask themselves whether they elected
their Commissioners to save money at
the expense Of honesty and common de-
cency. We are not advocates Of an
economy" which is based upon de-
frauding m honest nottingham Of his
Just dues. let IL DO done through legal
bubbles. tschniealitiss or anything else.
The facts in the Burke case may be
stated very briefly. Mr.. Burke agreed
TO build the courthouse in accordance
with the plans and specifications fur.
nished him. for a certain price. While
tho building was in progress. no lsss
than sighty.thrss different changes were
made in tho plans by the Commission
srs. These changes involved the pur-
chase OF extra material and the employ
msnt Of extra labor. not contemplated
in the original contract. Any court OF
Law would decide that the changes virtu-
ally vitia,ed the contract. and would
award Mr.. Burke q reasonable compsn-
sation for his work. But he does not
want TO 10 to Law. He does not want
TO give an attorney twonty Per cent Of
the mon.y which no thinks is justly
due him. And so he approached the
Commissioners with q very fair proposal
ton, as II appears to US. He asked that
n court Of arbitration should be appoint
ell. TO which his claims should DO sub
mitted, and he agreed to stand by their
award. Certainly nothing could be
fairer than this.
The arbitrators were appointed. and
passed ten days in session. District
Attorney Drake then suddenly diseov-
cred a technical iiaw in the act appoint
ing tho a~rbitrators. 1t did not give
them the power to decide whether the
original contract had been broken. This
discovery ended the arbitration. and
instead OF making any award to Mr..
Burke. the arbitrators addressed the fol-
lowing communication to the Board OF
Commissioners
To the Honorable Board Of County Com
mis.ioners Of the County Of Storey: The
undersigned. the arbitrators chosen by
your honorable body and by Petor Burke
10 pass upon and determine all controver-
sizes and diferencies existing between your
honorable body and the laid Peter
Burke with reference to tho value
Of extra labor performed and mate
rial furnished by the said Burke in
building tho Court : house building
Of tho said Storey county, having
made an award therein. beg leave respect
fully 10 represent 10 your honorable body
that at the hearing before Us In the course
Of said arbitration 10 was contended by the
said Burke that the original contract for
said building hal, by direction OF tho
County Commissioners, been so frequently
departed from and 50 radically altered a.
TO constitute q breach thereof In intend
ment Of law. and tho said Burke claimed
in thereof that he WAS en-
titled to demand that. in the settlement Of
his claims against the county % accoun
Of said building. the original contract
price be ~disrcgarled and that he DO allowed
the reasonable and market value OF all
necessary labor done and material fur
nlshel by hi.- 30 che ssssti~u VI said
building. and such testimony was intro
duced by tho said Burke in support Of
this position that. while We believe the
contract had been 30 violated. yet we were
preeluied from passing upon that question
by reason Of the terms OF the submission
under which we were acting. our inquiries
being confined TO the value Of certain ex-
trzs. That had tho question Of tho breach
Of contract been l~egitimately before US,
the said Burke would, in our judgment.
have been entitled to demand tho reason
able value Of all work and material ~
claimed by him. and the sum awarded the
said Burke would have been necessarily
and materially increased. We have deemed
IL proper TO represent these facts to your
honorable body that you might be fully
informed In the premises and the cireum-
stances under which the award was made.
recognizing that we were prevented by Q
technicality from awarding 10 said Burke
that W which In all fairness We believe
him tn he entitled; and knowing that your
honorable body and the people Of Storey
county have no desire 10 deny him this,
Nc respectfully suggest that stops b taken
by your honorable body To ascertain tho
market value Of all said labor and mate
rails. aud that the said burke DO settled
with upon the basis thereof.
Signed: Gro. A. KiSo.
II. @. BLANCHARD.
A. y. PorrLK.
J. L. SNIru,
G. DERhY.
W. y. HALL.
The men who signed this paper are
prominent. highly respected citizens.
well known in Storey county. They are
heavy taxpayers, aud certainly entitled
to some respect at the hands OF the
Boarj. But the honorable gentlemen
who compose the Board. for some strange
reason. best known to themselves. 70.
fused sven to have the communication
read. and ii therefore forms no part Of
the county records. Now Mr.. Burke
asks that the matter be again referred to
them and power given them to decide
whether the original contract Was broken
or not. lie further offers. IL they report
against his claims, to pay all the e.
penses Of the arbitration. Certainly
nothing can DO fairsr or more above
board than this. The county Is asked to
do a simple act Of justice, and not to eI-
pend one cent. unless 1t becomes man.
ifest that II is in the wrong.
Let justice be done though the heavens
fall. and in our new Court-house, u
new temple Of Justice. lot justice be
equally and impartially dispensed. Let
US remember that the laboror is worthy
Of his hire. The inconsistency Of try.
ing to dispense justice in a Courthouse
xUhtal - not A.l. u-- - -. Ar