National Republican., 1883-10-20
rnE norNDAnN. sEwEn.
Interesting Gucstiom. hsfscd OF tho Comp
trnIlrr hr tIir DInt rirt Commissioners.


interesting Questions hsAcd OF tho Comp
troIlcr by the District Commissioners
The district commissioners have referred
tho following question, affecting the construc-
ton of the Boundary street sewer, to First
Comptroller Lawrence for an opinion The
commissioners communication states thnt by
the District of Columbia appropriation act
for the fiscal wear ending June 30, 1852, ap-
proved March 3. 1851, there was appropriated
for Boundary street auxiliary sewer SjOOOO.
On the twelfth day of May, ls-2, the dis
trct commissioners executed u contract No.
$50 with Bernard j.. Coylo, by which he
| agreed "to furnish all necessary labor and
materials aud in u good, firm, and substan-
tial manner, in strict accordance with plans
on flo in the engineer department. Of
the District Of Columbia, and tho
printed specifications, as modified,
aud execute the following described work !:
Construct tho fourth section Of Bound
ary street Gntcrcopting) auNiliary sewer,
twenty feet interior diameter, from the tor
minus of the third section of this sewer west
wardly. Tho specifications, which were made n
part otthe contractgive approximate estimates
for the quantities oftho several kinds of work,
and it was stated that " the above quantities
arc approximate only aud may he increased
| or diminished, the intention boing to contract
| for so much Of the sewer as will amount to q
! tOtnl cost OF cJU,OUU WHICH 10 Jlo amount
| now available"
For tho completion of this section thoro
remains about 1000 linear feet of sewer, 20
feet internal diameter, the construction of
which is contingent upon obtaining the
necessary appropriation.
The commissioners have presented 60 con-
gross an estimate of $4,000, to be expended
during the fiscal year ending juno 30, 1851
Whatever amount may bo appropriated for
this purpose will be expended under this
contract.
The general conditions of the contract pro-
vidud that "if in tho opinion of tho
commissioners tho work should at any timo
he unnecessarily delayed, or improperly per-
formed, the commissioners reserve the right to
su pend tho contractors from performing said
and tn place other parties upon tho work to
complete il, and tho additional cost and ex-
panSo Of the same, if any, shall be
charge TO the contractors and their sureties,
who will each and separately be held fully
| Liable for such cost and expense.
The bond is Of the same date rs the con.
tract, May II, 1882 and is conditioned that
the said Bernard j. COyle shall strictly and
faithfully perform the work to the acceptance
of the commissioners and comply fully with
all the requirements. TAebond is in the sum
of $4,000. ~
The district appropriation act for 1888 ap-
propriated for the same sewer $4,000.
III NBIltInDCIl 1000, IHb COIllHlSSlOutIb Sub-
pended Mr., ,G6yle by virtue of No = OF tho
general conditions of the contract, and they
haYo now called on his bondsmen to complete
the contract.
An offering his proposal, Mr.. Coyle stated
! in writing; II am prepared TO furnish the
additional bond that msy be required, when
the pending appropriation applicable to the
fourth section is made"
The district commissioners, therefore, de-
sire the views of Judge Lawrence on the fol-
lowing questions
81. Was the contract so far void that the
contractor may lawfully refuse to perform
any work in excess of tho $4,000, upon re-
quest or was it merely yoidable in case coli
| grcss failed to make the appropriation :"
80. The bond being for only $4,000,
or instead of $135,000, is thu contract Il
nullity for that reason, and may the con-
traeior for that reason refuse lawfully to exc
cute the whole work? Or should the CON
tractor perform fully according to the lcttc
of the contract, may he rely upon being paid
the contract price?"
The sureties request an oDinion MS tc
whether they arc bound after The exhaustion
of the appropriation of $4,000 to proceed
with the work under the further appropria.
tion of $4,000.
The commissioners also desire to know as
to whether the surcties would bo cstOpped
from raising questions as to the suilicienCy o
tho bond.
The first comptroller will render decision
in tho matter in II few days.