Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-08-09

morning at9 o'clock to wrestle with the vexed
question of determining upon such contract
as shall be in accordance with the idea of TIE
board in awarding the contract for building
the abutments and piers of the bridge to the
Messrs. Bentley.
Mr.. Otis, for the contractors, read draft
for contract which he had prepared, and
which his clients were ready to sign.
The contract simply amounted to this, that
If the contractor failed to complete the work
by the LIST of December the commission could
step in continue the work under their own SUI
pervision, and complete it, paying for the work
out of the IS per cent. reserve and the Novem-
Der estimate, and after paving for all
charges hand over the balance of the whole
money ($47, 543) to the contractors.
To this Mr.. O'Brien, attorney to
the commissioners, took exception
He said the object Of the board in
awarding the contract to the Messrs. Bentley
was to get he work completed on the 1st OF
December, and there was nothing in the draft
submitted making it obligatory on the part OF
the contractors so to finish it. He ioDk the
stand he did on the previous day. contending
that the board as parties to such contract as
read, would not be able to collect damages Nj
they would be ablt todo-and he did not thin k
they could even do that--was to finish the
might be midsummer next year before it would
be finished The board was but the creature
of the hour, and would die with the compile
ton of the bridge. What he would
advise the board to have a contract of such
a character that would make it an object for
the contractors to finish the work according to
agreement. And he went into a lucid argu-
ment to show that the board would have no
power to hel itself it the contractor failed to
omplete the work by December He thought
with such terms as those read the contractors
would practically get the work at the extended
time with the short time rates-an absolute in
justice to other bidders who were much below
in their bids on the long time proposition.
At this point Mr.. Eagan, for the rejected
bidders, asked to speak.
Mr.. Cochran objected. The bidders in ques-
ton had no right there persona y or by attor-
ney. If the board had done wrong tt ev were
willing to abide by the >consequences--they
were responsible, and the contractors had their
remedy in a sui at law.
MIR. Eagan thought he had some rights and
if he would be permitted to explain he would
show it. The gentlemen who's, bid
had been accepted had refused to
sign a contract to finish the work
clients were willing now to slsu such a con-
tract, and the work really belonged to them, ;,s
Messrs Bentley had refused the contract.
Mr.. Dawson agreed with Mr. Cochran that
no one was interested in this matter at The
present stage excepting the board and the
Messrs Bentley.
Mr.. OBrien, continuing, said in the contract
prepared by MIR. Otis no specified time Tor COM
pletlng the work named. and this
was the point at issue. The board
wanted the work completed by December LIST.
Mr.. Dawson agreed with Mr.. O'Brien. I'm
doubtedly the motive of the board in award
ing the contract to the Messrs. Bentley was to
ge5 the work done by December 1st. 1t time
was ever the prime essence of contract, it is
in this.
Mr. Otis said his client was willing to give
any guarantee that reasonable man might
ask, but he was not willing to put up s25 900.
At this point another long discussion was
entered upon by Mr.. o. Brien and Mr. Otis up
on the right of the board to collect
damages, and the same ground was
gone over again which had been
discussed the day before, and Mr.. Cochran took
the same stand that he did on the previous
day, that the Messrs. Bentley were entitled to a
contract in accordance with the spirit of the
specifications, and such was the contract ten
dered by MIR. Otis. 1t was idle to say the
specifications were not well drawn; they had
been submitted to the scrutiny of the
war department and passed by them. If the
board adopted Mr.. O'Brien's views they would
have TO do one of three things
MIR. Thornton-Do you say, Mr. Cochran, that
we are bound to take any contract offered lis
by MIR. Bentley?
MIR. Dawson-Mr. Bentley got the award be-
cause he agreed to do the work by Dec l. for
which the commission had in fact pivcn
IS, 1S3-the difference between Bentley's bid
for December and Mr.. O'i;rien's for June; and
the board ought to have such u contract as will
compel the completion OF the work within the
time. Mr.. O'brien's contract is the kind of
one needed. 1t might be modified so that
Messrs. Bentley would not lie held in higher
ii IL ~ "a ni,n
MIR. Otis would be willing to take the con-
tract which any two lawyers might in consult
alton draw up.
MIR. O'Brien-If they were told that time
was the vital point they would draw Just such
contract as | have drawn
AS the board OF equalization was waiting to
proceed to business, the commissioners adj
journed to Judge Simon's court ROOM where
they held private consultation lasting nearly
an hour.
Again assembled, Mr.. Dawson, adj
dressing Mr.. Bentley said that the
commissioners had retire to consult
with other lawyers upon the points raised by
MIR. U Brlen, and they gave it as their opinion
that the commission had a perfect right under
the specifications to a CONTRACT which will in
sure the work being done December LIST
that the point of issue was the time.
MIR. Cochran acknowledged that he saw now
with the same eyes Mr.. O'Brien, that his
SAe"s VI uHe powers OF The DOafu were cor
rect.
Mr.. Bentley said he was willing to sign
contract to finish the work within the time,
but not to cut off all his rights.
Mr.. Lindeke-rhat is precisely what we
want; We pay IS, 1873 for it. According
the work and pay over the balance of the money
to you-that is extending the time to you for
doing the work. We will do nothing of the
kind.
Mr.. Lindeke offered the following:
Resotsed, That acting under legal advice the
commissioners are satisfied that they have the
right, under their advertisement and specifca-
lions and all previous action to make time the
essence of the contract, and that they do here
by tender Messrs. Bentley such contract pre-
pared In accordance with the terms of their
specifications for execution.
The motion was unanimously agreed to.
Mr. O'Brien then presented a contract to Mr.
Bentley and as ed him if he accepted it.
Mr.. Otis positively refused, on the part of
MIR. Bentley. SEN, who had returned Co Mil
wauSee, to make time the essence of the
contract. MIR. Bentley stated to the board
that the work was awarded to them, and they
intended to proceed with it. and he was now
having bond drawn up in accordance with
the terms of the specifications. After some
hesitation, when pressed to say if he accepted
or refused, he took the contract and asked time
to submit it to his counsel
The board gave him till q clock P. NJ.
At o'clock the commissioners met at the
Office of Messrs. Davis, O'Brien u Wilson. The
members having answered to their names, Mr..
Dawson called upon Mr.. Bentley to state if he
was willing to admit time as the essential part
of the contract.
Mr.. Rugg, for Mr.. Bentley, said they were.
and they were willing to allow SIS, 183-the diff
ference of the two bids-as forfeit for nom
compliance with the terms of the contract.
MIR. Dawson explained that the board were
willing to make the contract SO that the $5, 1873
should be deducted. and so much Of the Is per
cent. as shall together not exceed $4,000 from
the amount of the contract if its terms were
not complied with.
MIR. Bently consented, and Mr.. O'Brien pro-
ceeded to draw up the contract exactly in the
same terms as in the draft furnished Mr. Bent |