Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-31

THE CONTRACTORS DELAY.
Hence the arrangement by which the con-
tractor was to assign to Mr.. Beck sufficient
sum out of the award for material furnished
and labor performed in each month to pay
the wages of the laborers during such month
also the arrangement by which he was as
signed sufficient sum out of the moneys due
the contractor for labor and material fur
nished in January to pay all claims for wages
which had accrued during the month of jan
uary or prior thereto.
From February till June, both inclusive.
the contractor, at the beginning of each
month, assigned to Mr.. Beck sufficient sum
out of his award for material and labor fur
nished during the preceding month to pay the
wages of the laborers during such month
and Mr.. Beck, within a few days after the
beginning of each month during this period,
went to the Branch Prison and paid the la
borers thereon their wages for the preceding
month.
The Board did everything in their power to
induce the contractor to proceed more rapid
ly with his contract. Through the lack of
capital, he was compelled to contract debts
and not being able to pay when the debts be-
came due, his creditors were almost constant
ly harrassing him with suits, and interrupt
ing the work by attaching his tools and
tractor, constantly repeated, that he was
expecting financial aid from his friends,
which would enable him to proceed with his
contact and complete it within the prescribed
time, and being most unwilling to embarrass
him in the prosecution of the work, as long
as there might be any ground for hope that
he would eventually be able to proceed with,
and complete it according to stipulation, and
most anxious to avoid, if possible, the respon-
sibilities which they must assume, if they
should proceed to act in pursuance of the
authority conferred on them by Section II of
the Act of March %, 1876 the Directors
bore with the contractor till it became evil
dent, beyond all peradventure, that he would
not complete, or anywhere near complete, his
contract within the time prescribed.
FAILURE OF THE CONTRACTOR.
Up to the LIST of April 1S79-more than
seven months from the commencement of the
work and half of the time in which the
whole work was required to be done
the contractor had, according to the
estimates of the architect, furnished
material and labor only to the value of Sl9,-
037 II. The Board now fully satisfied, not
merely that the work was not prosecuted
with that energy and vigOr which the con-
tract required, but also that the contractor
would not, if left to himself, prosecute it
with such energy and vigor, resolved to as
sumo and exercise the powers conferred on
them by Section u of the Act, concerning
contracts on behalf of the State, in relation
to the erection of buildings, ETC." approved
March 49, 1875.
Accordingly, in pursuance of the provisions
of the said Act, the Board made an order ON
April l, 1879, requiring and directing the
contractor, Dennis jordan, to places not less
than $50 men, including mechanics and labor
ers, in such proportions as the exigencies of
the work might require, at work on the
Branch State Prison, and keep not less than
that number continuously at work thereon.
This order was not complied with by the con-
tractor for the reason, as we believe, that he
lacked the necessary capital. He was again
sued by his creditors /; and all his tools, ma
chinery and other property used in the con-
struction of the prison were placed under
attachment.
1t now became apparent to the Board that
the contractor could not furnish the material
and labor necessary to proceed with and per
form his contract, and that it would be neces-
sary for the Directors themselves to employ,
in pursuance of law, such force of workmen
and furnish such material as might be required
to complete such contract. Accordingly on
May Is, 1879, the Board passed another ORDER
requiring and directing the contractor to place
on the work such force of men, in addition to
the one hundred and fifty which he had pre-
viously been ordered to place thereon, and
also to procure such material in addition to
what he already had, as the Board had de-
termined, after making careful estimates,
would be necessary to enable him to comply
with his contract. For particulars of this
order see minutes of the Board. It was not
expected that he would obey this order, but
it was necessary to make it, as. under the law,
it is only on the refusal or failure of the con-
tractor to comply with such order of the Board
that the latter are authorized to do what thu
former was ordered, but failed, to do As
already stated, the contractor had not, up to
May 18th, complied with the order made on
April LIST, requiring him to employ and keep
employed on the work a force of not less than
$50 mechanics and laborers. On May 14th
his machinery, tools and other property used
in carrying on the work were attached, and
all work on the building stopped; and there
after he was wholly unable to comply with
the requirements of the Directors, or to do
any more work on his contract.
THE STATE TAKES HOLD OF THE WORK.
On May 23d the Board of Directors en-
ployed William Johnston as foreman of the
stone work at the prison, and authorized him
to employ and put to work, at the various
kinds of labor necessary in the erection of the
stone work of the building, a force of $50
men. He commenced work at once, but at
first he employed only a small force, on &C.
count of not having sufficient machinery and
tools to enable him to employ larger force
to advantage. On May 30th all the tools,
machinery and other property belonging to
the contractor, and used by him in doing
uO m OF
sale. The Board of Directors purchased
them.
Among the property, other than machin-
cry and tools, which the Board purchased at
such Sheriff's sale, was a boarding house 10.
Gated on the prison grounds, which the con-
tractor had erected so as to have the neces-
sary facilities for boarding his workmen.
The purchase of this house by the Board was
made subject to a mechanics lien, on which
a Judgment has since been obtained for
1902 SS, exclusive Of interest and costs of
suit. This Judgment has not yet been salts
fled. At this point controversy arose be-
tween the Board of Directors and the con-
tractor to the rights of the contractor
first, in relation to the tools, machinery, etc.,
which the Directors had purchased at the
Sheriff's sale. The contractor claimed that
as he and his bondsmen would be charged
with the amount paid for the tools, machin-
cry, etc., the purchase of them must be held
to have been made for his USE He accord
ingly demanded to be put in possession of
them, that he might employ mechanics and
laborers and proceed with the contracts. His
demand was not acceded to by the Board
and second, in relation to the force placed
on the work by the Board of Direct
ors. The contractor claimed that such force
must be subject to his commands, and must
work under his directions. He claimed the
right to discharge any person or persons whom
the Directors or their agents might employ,
if he should deem such persons or persons,
for any cause, unfit or improper persons to be
employed. The Board did not conoede his
right to any voice as to whom they should or
should not employ, nor his right to exercise
any control or direction of the men whom
they should have in their employ. Third-In
relation to the place from which the rock
should be taken with which to complete the
prison. The contractor claimed the right to
forbid tha Directors m 70 la roclr from, ouar-