The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-01-24
JOSEPH wEsoorr g SONS CLAIM.
Mr.. Reeds Explanation in the House OF
Representatives.

The bill for the relief of Joseph Wescott &
Son OF Portland, now before Congress, pro
vides for the payment 0f S.. 1853 to reimburse
them for cut granite omitted sby mistake from
their estimate and for other granite ordered
Independently OF their contract. Mr. Reed
explained the circumstances as follows: +
! Messrs. Joseph Wescott & Son were granite
cutters in my State. The officer in charge ol
the new State department building advertised
for certain work TO be done, to wit winding
staircase in one corner OF the new State, Wal
and Navy building. That work is of a very
peenlisr nature. No one step is like any of
the other steps, and it consequently required
new plans and special labor for each stone. 1t
is very unusual kind of work.
1t also turned out in the result that the plans
were calculated to mislead, not of course, in
tentionally, but it so happened that the plans
were 50 made that they would mislead even an
experienced builder.
The offer foI this work was made by the
Messrs. Wescott, not for the purpose directly
OF making money, but it being then q time OF
great depression in business, they desired to
keep their workmen employed, and conse-
quensly they deliberately calculated upon a
transaction which was to give them, in their
Judgment, only enough money to pay their
workmen, the advantage to them being
that they kept up their organization.
They bid to do this work for $15,Cco. The
report of the engineer in charge shows that
the work which they did cost them, in actual
money paid to their laborers, nearly $1,000
more than they received, without allowing
them single cent for profit or for any other
purpose.
The report of Colonel Casey also shows that
the work which they performed for this sum
of $25, 900 was work of the same character
that In another corner OF the same building,
with one story less of steps, cost the govern
ment S66, 900. At the same rate at which the
steps IN the other corner of the building were
constructed, the staircase which these con-
tractors constructed at a cost to them of twen-
ty-hve or twen ty-six thousand dollars would
have cost the government something over $40
coo.
These contractors made a claim for the
amount of money which they had disbursed
beyond their contract. The committees said
and said very properly, eve can not construe
contracts in that sort of way. II you make a
contract and 1t comes out wrong. you lose; and
II you make coptract and it comes out right
you gain. We cannot change the law in that
respect; otherwise there woald be no use in
making contracts"
But the committee did say that while they
can not rectify any contracts OF that kind they
can rectify mistake of fact. Now, it turns
out that in calculating upon this matter from
the plans, the builders left out of their calcu-
lations some of the work, owing to the nature
OF the plans, which are very fully detailed in
the rep rt OF the committee. L will say tha,
Colonel Casey admits this to be righteous
and proper claim, one which he would
himself have paid but he had no authority
under the law to pay it. Colonel Casey Is the
officer in charge of the work.
The item in regard to which it Is found there
was an actual mistake OF fact foots up the
amount which is contained in this bill, and on
this account the committee recommend the
passage oil the bill
l would add further that the mistake wa.
discovered before the work had proceeded very
far, and the senior member of the firm said tc
Colonel Casey:--"I find have made mis-
take, and am disposed to throw up this con.
tract" But Colonel Casey assured him that Il
he went on and finished the work, and showed
that mistake was made, the Government
would rectify it; and he also pointed out :,
him that il he did not do it he would be Il
the position of defaulting Government con
tractor. The members OF this firm being hon
orsble gentlemen, and being moved by wha
Colonel Casey said TO them, went on and COM
pleted the work.
To recapitulate: If these men get the none,
covered by this bill they will still be out actu
ally $1,000, and will have furnished to the Gov
ernmeDt of the United States for the sum o
about $4,000, work similar to that which ha
cost the Government in another part of the
same building at the rate of SS0,eC0. NOV,
that the bill be laid aside and reported favora
bly, to the House.
Mr.. Reeds motion prevailed.