, 1877-08-11
HARMS EXTRAS.
They Cannot Be Lawfully Allowed
Him.
1udeo Farwel1 Decides TINT tho Infnnc.
ton Against Payment Must
Stand.
The Contract with Harms Was Never Ab-
rogatcd, end Hence No Extras.

twas expected that Jntlge Fnrwc1l would
Yesterday morning decide two questions which
possess more or less public interest In this COM
munity Just at prcsent,-tha question whether
The motion to quasl tho Indictment against
Edwin Walker should be allowed, and whether
tho motion 10 dissolve the injunction In the
Harms case should bc granted. The decision in
the former case WAS postponed until this morn
,ng, somewhat to tic disappointment of tlsc
attorneys, whc the Judge bestowed Ills attcn-
tlon on the Harms matter.
TnE FIRST PORTION OF THH pEc1s1oN
on the motion TO dissolve tho Injunction cntoin-
ing tho County Treasurer from paying Harms
tho amount allowed hin by the County Board,
related wholly 10 the history Of The Boards pro-
cccdfnRs In regard to tho construction OF the
Courthouse; the adoption Of plans; tho con-
tract with Harms; tho various certificates fe-
urcl up BY Architect Egan from time to time,
md presented To ttnrms who got bis money
thereon; the notice OF April ., 1876, given BY
Egan To Harms Informing the latter OF tho
change in the plans; tho certificate given by
Egun, juno %, 1870, for the extra pIlc-lrEslng
required by thu change; tho certificates Of July
n, Aug. 81, Oct. ., md tho final certificate Of
Nov. ~, In which Egan stated that the full
value Of the work and materials was $i;aA-
10Ss0, less what Harms had been paid; and tho
decision Of the County Board, April q, 1871, 10
allow Harms for the entire work. upon the basis
OF what It was worth, S14l,6soS5, de<luctsng
whntcver amount had been paid HIN. The ro~
mnIndcr OF Judge Farwcll's remarks was as
foltowh'
Now, tie claims Of these parties nrc these:
The complainant in this suit Commissioner
Fitzgcratdh who Is 4 Inctnhcr OF tho Uoard OF
taxpayer and a citizen, and Interested in this
question as taxpayer md citizen, flies this
bill, eett,ng out that Harms, mado . eontrnct
with tho County board to do tho work; that
md additions could he nntfe by the County
board or its authorized agent md that such
changes should not be deemed to be setting
asidu Of the .contrnct; that THO con
according 10 such changes, and should receive
compensation to be liked by slr. Egan, tho arrhi.
tccs,--efther deduction or addition us the case
THE COMPLAINANT sAYs
that Harms went OH with tlia woik under hts
contract; that whatever cllangcs wero directed,
with reference TO this work were not suct, Us to
relieve Harms IRON acting under Ills contract
under tho direction OF tho architect, and subject
~ bis valuation Us to prices under the contract.
made, the contract was abandoned; tia: after
he was notified that change hud
been iIadc In the plan Of tho work. lic was IN
formed that he WA 70 proceed under tho
AACEStonn NJ LNo NIAAtAI1k "HN w w PAAA HuA$
the wurx was reasonably worth: atIu tlnt What
ever he did In tho way Vi receiving certificates
and getting payments aud getting papers, or
receiving papers about this matter. which In
my way would look different from. what lie
claims anu would seem to imply That lc was
test; Tint lie has right to be pati for tNla
work What !. Is worth; that tho county
nnd It's representatives told him he should
ho paid that way; md that ho prcacntctl, when
he got through, tho matter 20 the County
ttcy thought il was worth, and really less than
what It was worth IN Ills Judgment.
THERE IS NOTHING nEronE Nh TO SHOW
TINT tllu Doarti OF County Commissioners havc
over taken my nct!on upon thts subject 10
Charge tho original status Of tlluse parties OK
reason Of their having changed their plans Of
building, am not aware that anything appears
in these yolu,ninuus papers to shaw lint tho
Cnunty Hoard, as 'bssdy, ever took any
notion upon this subject during tho
progress oi Tho work cxccpt TINT tnoy adoptctl
The plans; that they ever resolved tllat MIR.
Harms should have what tho work was worth,