Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27

The machinery Is to be packed and delivered ire
on board vessel at Liverpool, fre9hts and in
surance the debit of State Prison Board OF Direc
tors but Messrs. Fairbairn, Kennedy & NaYlo
will their Offices to obtain lowest possible rates
Payment in net cash bills on London follows
! viz /: TwO-thirds the above amount when the ma
chnery is ready for delivery on shipboard at Liver
pool, and the balance in like bills when said ma
chnery arrives at San Francisco.
NoTE.-In case the shipment is not effected all a
one time, then the payments shall be understood t.
apply to invoice value of portion shipped, and no
to the total amount.
| Know all men by these presents, that, whereas
the Board Of State Prison Directors of the State o
California deem it eApedient to purchase machinery
for the purpose of manufacturing jute bags OF tn,
State Prison at San Quentin, California, under ant
by virtue OF the power and authority vested in then
by the Constitution OF the said State and the law.
| thereof Now therefore, this agreement, made anC
entered into this Dist day of Augu.t, Al 80, by
and between Fairbairu, Kennedy & Naylcr, of Leeds
England the parties of the first part and the people
OF the State OF California, by A II. Chapman, Wal
| lace Eyerson, W. F. McNutt, j. Ii. Neff and G. w
Schell, constituting the State Board OF Prison Di
rectors said State the parties OF the second part
witnesseh that the parties OF the first and second
parts mutually agree one with the other as follows
That the parties Of the first part covenant and agree
to and with the said parties of the second part &c
furni; said parties OF the second part all the ma
| chinery for the manufacture Of lutte burlaps
| as specified and enumerated in the spe fca
! tons hereto attached and made a part OF this
agreement said machinery to be all complete and
OF the best quality for the sum of El2 Ssl los (say
| twelve Thousand eight hundred and eighty. one
pounds sixteen shillings) sterling payable accord
! ing to the terms and conditions stated in and at
| ached to the said specifications which are made
| part thereof; the said machinery to be properly
packed and delivered free OF charge on board o
vessel at Liverpool, England or before the lst
! day OF December A. d. 1880, for shipment to Sar
Francisco as the said parties OF the second part may
order.
And the arties of the second part, in ccnsidera
ton OF the premises, and of the covenants on the
part of the said parties of the first part, agree tC
pay TO the said parties of the first part, fer said
chinery the said sum of sl2 sSl 16s (say twelve
thousand eight hundred and eighty-one pounds
sixteen shillings) sterling, in the manner stated
in and attached to the said specifications hereto at
| tached and hereinbefore referred to.
In witness whereof the said parties of the first
part, by their duly authorized agent, John E.
Stevens and the said parties of the second part by
their President A. Ii. Chapman pursuant to resolu-
tons of said Board this day made and entered on
their miuutes) have herewith set their hands and
seals the day and year first above written
(sig) FAIRBAIRN, KENNEDY Il NAYLoR,
IL. By John Ed Stevens.
H.. 81 A II. CHAPMAN,
President Board Prison Directors.
By the terms OF the above agreement it will be
o. served that 66 per cent. of the contract price
to have been paid before the machinery shipped
from England, and the balance to be due and
payable upon the arrival If the machinery on ship
board in the harbor of San Francisco By this
agreement Fairbairn, X nnedy & Naylor were am
ply protected to the perfo nance of all covenants
on the part OF the State but the latter not in
any respect guaranteed as to the quality of the
machinery furnished 1t appears to your Commits
sion that sufficient should have been retained
the hands OF the State to cover any damage aris
ing by reason of any imperfection in the machinery
! furnished To have withheld the last payment until
the machinery had been placed in position and its
efficiency tested would not in our opinion, have been
| an unreasonable requirement.
! To the date of our investigation Warden Ames had
!
the first consignment OF machinery arrived the sum
of 81 733 So and account OF freight charges and
duty to Balour, Guthrie Il Co., the sum of ST. 146 g.
making total paid to July IA, 1881, of SIS $50 so
| The limit to this investigation does not afford
time to ascertain, by the application of any tests
to whether the price paid for the machinery and
other terms OF purchase, were in accordance with
the best interests OF the State. The only conclu
sions of fact desire to present, First, the
history of the transaction cannot be traced by the
records second the method by which this contract
with Fairbairn, Kennedy & Naylor was concluded
did not secure to the State the advantages of com
| petition.
| The next reference to the subject found in the
journals of the Board bear date of April 8, $751; as
| follows:
| At a meeting held in San Francisco, April, 1881
on motion it was ordered that the Board adj
vertise for proposals for furnishing engine, 25C
horse power indicated, for the jute factory at San
Quentin, naming character and make of same, and
| send proposals to j. P Ames, San Quentin. On
motor, committee OF two were appointed to &C;
| in conjunction with J. P. Ames Warden, in the
matter OF purchasing two boilers for San Quentin
The Chair appointed Directors Everson and McNuti
as such committee.
| The above record relative 20 engine and boilers
/ is found on folio 10.
At the same meeting i, ordered 'that order
be drawn the State Treasury for S44 0O0 for the
purchase of material, machinery ETC., from the ap
| preparation made for the jute factory
The reference made IN the closing sentence OF the
above extract is the only minute relating to the pur
chase of jute. From testimony taken we find tina,
contracts were entered into with Dagemer & Co., Of
San Francisco, for ESQ tons Of iue, and with