The Indianapolis journal., 1883-09-04
AN EXTENSION OF TIME.
Kanmacher & Denig's Contract viii Not Be
Declared Abandoned Until Sept. 90

The announcement by the State House Com
missionurs of their determination to declare the
contract of Howard & Denig abandoned on
the Sd of September If they failed to resume
work on the building within the thirty days
previous was not put into effect at their meeting
yesterday, and, although it was not expected
that the contract would be declared abandoned,
their action was something of disappointment,
as 1t eYinces disposition of subserviency on
the part of the commissioners to the contractors.
The action of the board hinged upon the follow
ing communication, received from the con-
tractors and the sureties upon their bond:
CHICAGO, Sept. l, 1883.
To the Honorable Board of State-house Commission
ers, indianapolis:
Gentlemen-Owiug to circumstances beyond
our CONTROL we have been unable to comply with
your order of August 2, 1883, in regard TO work
required by you to be done upon the new State
house at Indianapolis Some of these circum-
stances are known to you. We, therefore, re-
quest that you will take no action looking to the
adoption of any order declaring the abandon
ment OF our contract on Sept. 3, 1898, by us, bus
will postpone any action in consequence or our
failure to comply with your order of Aug. 2, 1883,
or any previous order or orders made by you, and
in pursuance of the notice given by you, until
granting of such postponement shall not in any
manner prejudice your rights in the premises,
but that on Sept 20, 1888, you may take any ac-
t1On which you might legally have taken on
Sept. 8, with the same effect though the same
had been taken on Sept. 8, and if said notice
OF Aug. 2, to declare the contract abandoned, on
the 10th OF september, by us, unless meanwnlle
such arrangements are made for the completion
of the State-house by us shall be satisfactory
to you. Respectfully yours.
KANMACHER 81 DENIG, Contractors.
CHICAGO Sept. 1, 1898.
We concur in the above request, and stipulate
that the granting of the postpOnement therein
requested shall not in any manner lessen or d1-
minish or affect our LIABILITY as sureties upon the
/ contract Kanmacnar ~ DaniU. hereby
consent and agree to the terms and conditions
on which said request is made, but nothing here
OF such request, shall be construed to operate as
waiver OF our claim to have been released as
such suretles prior TO the date hereof OF the
O. r. CUMMINGS,
E. F. GoBEL.
Witness: JOHN B. CoHRs, W. ]. MoRDEN.
The above request is concurred in by
Yours very truly,
HOWARD & DENIG.
In compliance with the foregoing petition, the
commissioners resolved to take action in de-
claring the contract abandoned before the Goth
of September 1t will be noticed that in asking
a postponement of the time for decisive action,
no assurance is given in the petition by either
the contractors or sureties of any intention of
resuming work trying to complete the build
ing, and it is stipulated by the bondsmen that
the granting of their request shall not be con-
strued "to operate as a waiver of our claim to
have been released as such sureties prior to the
date hereof, or of the granting of such post
pOnement." The whole thing appears to be very
indefinite and unsatisfactory, and from such
evidence as the public may judge there seems
to be no other motive in the matter than pro-
crastination, to which the commissioners from
the mere asking, became subservieut Mr.. Nell
son stated to a Journal reporter yesterday, how
ever, that the board had been given verbal as
surances that it was the intention OF the bonds
men, in making the request for further time, to
take charge of the work aud endeavOr to COM
/
tract. Further time asked he SAID, on
account of the sickness of Mr.. Howard, one of
the contractors who is unable at this time TO
| attend to the business which the change would
involve.