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

the work within the time; but not to forfeit
everything in case of something occurring
which could not be avoided. Under this con-
tract Mr.. Bentley forfeits all rights of
equity.
Mr.. Dawson The great object of the COM
mission is to get the work done at the time
named. Mr.. Bentley knew the chances, and
chances.
Mr.. O'Brien admitted that the contract
drawn by him was an unusual one, but the
circumstances are unusual. He framed the
contract so that if the work was undertaken
it would be finished. He did not believe
Mr.. Bentley would sign that contract if he
did not mean to carry it out in
good faith; for if he did not fin
ish it the contract would make it
ruinous for him. He has no right to come
to the board aud contract one thing and do
another. If the commissioners want loop
hole for the contractors to crawl through,
the contract is badly drawn, but if they wish
to hold him strictly to the letter OF the spec1-
fication which becomes part of the contract,
then it is we'll drawn. Harsh and unusual
as it may be called, it simply binds the con-
tractor to do as he promises. If
the board wish contract which
says the work is to be done and by which
everybody knows it will not be done, they
should adopt contract like that suggested
by Mr.. Bentley. If you do away with the
harsh features Of the contract, and the con-
tractor should fail to do his work, he can
plead the weather or engineer, or thousand
other things, and the board has no remedy.
The damage theory is all bosh. It amounts
to this: If Mr.. Bently fails to do the work
in the time specified the board can
finish it for him any time and
deduct the actual cost from the last payment,
and hand the balance to Mr.. Bentley He
would like to know that if Mr.. Bentley gave
his note for thirty days banker would give
him sixty days to pay it in
Mr.. Cochran espoused Mr.. Bentley's
cause saying he did not before understand
and the contra ct was not drawn in accord
ance to instructions from the board.
Mr.. O'Brien-The contract was drawn OF
your own instructions.
Mr.. Cochran-Just let me go on. If thai
contract was published with the specitica
tons not single bid would have been made
He should dislike to vote for a contrac
which would cut off any mans equity. Ane
he would no more sign such contract thar
he would try to fly.
Mr.. Dawson-The question Was discussed
fully this morning. and we were all agreed
about it.
Mr.. Cochran-But 1 did not understand
all about it.
| MIR. o Brien-But don't you know that IL
{ contract can cut off equity claims?
Mr.. Thornton asked that the specification
be read. After the specifications were rea
Mr.. Bentley made long speech, in whic
5 he asked the board what more they required
D if they were fully protected. He would b
3 willing to throw up the contract imme
4 diately if any one will step forwar
and sign that contract He would b
: ashamed to 60 back to Milwaukee with it i
}, his pocket and ask his bondsmen to sign i
e Suppose that the weather was bad and
l. put up the abutments and two piers so th'
the superstructure could be commenced O
G the LIST of December, and he kept ahead wa
d the masonry and did not impede the progre
Q of the snperstructure, would not that
carrying out the spirit of the specification
q He would be willing to relieyethe board fro
s any responsibility arising from delayir
the superstructure.
Is Mr.. Dawson wanted it understood that tt
9 specification called for the work to be fnis]
It ed on December /.
1t Mr.. Bentley-We are ready to do it
that time.
J. Mr.. O'Brien-Then what objection CT
the gentleman have to the contract?
l. Mr.. Otis-Legally the board has let Il
contract, and MI. Bentley has right to
% on without any written contract.
The debate was continued in Il
is same strain for upwards
% two hours, Mr.. Cochran contendi1
against the contract with Mr.. Bentley, Il
d remainder of the board holding out in fav
n of the contract drawn by Mr.. O'Brien. II
d point contended for by Mr.. Bentley was
o guard against pecuniary loss if he failed
: complete the work in the specified time, al
1t the board, or at least some of it's member
felt it their duty to prevent granting t
d contract on the December terms to the pref
n dice of those who bid for the June.
1t was ultimately agreed tt
It Mr.. Bentley have drawn upa contract viii
1t he would be willing to sign, and submit
# to the board this morning. The board the
d adjourned.