Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-07-08
THAT BUILDING MIDDLE.
General Hart Employed to File an opln
lon in the Case.

| the new school building. All lne hieilpeis
were present. The President said the mo-
ton offered Monday evening by Mr. Slater,
seconded by Mr. Stevens, was before the
meeting. 1t was that the motion adopted
at n former meeting, authorizing the Presl-
dent to sign the contract and bond with
Carrie & Croly, be rescinded. The President
remarked | signed the contract by IN
strlctions from this Board. If | had been
notified of anything being up, certainly
should not have done so. L was not aware
of there being any crOokedness III TINS
matter until heard it in the meeting last
evening. | certainly was OF the opinion
that everything was correct and proper.
Mr.. Avery-I called at Mr.. DAVIS Office
at 9 o'clock in the morning TO apprlse him
of this crookedneSs but he was hot IN. L
had informed Mr.. Croly on Sunday OF this
matter, and he was made acquainted with
all the facts as they exist and he was asked
not to sign any papers on Monday, or until
this matter had been laid before the Board.
NV conversation with him was III the pres
ence of DR. Laine and Mr.. Alsip. He was
fully apprised of the fact that the Speclilca-
tons he bid upon were not submitted to
any other contractor.
The President-Mr Seadler called on me
during the day, said l o'clock was the
hour set, and at that time he called at my
office, accompanied by Mr. Croly, and the
documents were signed
Mr. Crolv-I thought the Superintend-
ent's office was the place to 90 to, and called
here. / found no one in but Mr.. Jackson.
then called at Mr. Seadlers office, tray
eled backwards and forwards several times,
and then, by agreement, met Mr.. Seadler
at Mr.. Davis office at 1 o'clock.
At this iuncture General Hart came in
and took seat between Messrs. Avery and
Aisip, and J. n. Young appeared as an at
torney for Mr.. Croly.
Mr.. Young asked to see the contract, and
after looking it over carefully, said: This
contract has been regularly let, and 50 far
as | can see, there is only one course to
pursue. and that is TO allow earle d Croly
to proceed and construct the building &C
cOriing to the specifications. From the
report | read this morning in the Rec
| oRD-U l Judge that the proceedings
are all regular"
Mr.. Chadderdon-From that published
report, are you led to believe that the con-
tract was squarely let?
Mr.. Young-So far as Garlic & Croly are
concerned, yes They had no knowledge
of the difference in the specifications, were
not in collision with the architect; the
! latter was the agent of the Board and says
| he was acting in the interest of the Board
and the city Garlic d Croly surely were
parties to no fraud and were acting in good
faith.
Mr. Chadderdon-Itw was stated last even
! ing that there We're two sets of specitica-
ti0ns, and when | desired Mr.. Crolv to ex-
| anime one and state whether or not that
was the one he figured on, he declined to
answer. That l regarded as strange con-
| duct. and il left it very indefinite in my
| mind whether or not Garlic & Croly were in
collision with the architect.
| Mr. Young understand the Board eX-
onerated Carrie & Crolv by resolution.
! Mr. Conklin-There was no resolution
| nassed which exonerated them. 1t was
spoken of bv certain members in case GER
| tain conditions were complied with. What
/ we desire to know at this time is whether
| the Board would be perfectly safe in re-
scindiner all acts heretofore passed admit
| tine for the safe of argument. that the bond
and contract are correct.
General Hart. after looking over the con-
tract remarked that it stated that the speci-
| fications were attached. This was not the
case: 1t also appeared that there were two
sets of specifications. and it did not desip-
nate which one
Mr. Siller. a contractor. one of the unsuc-
cessfuI bidders. said the specifications he
bid upon were for 3x16 and 3x12 Joints.
Mr.. Avery said the one bid upon by
Carrie q Croly were for 2xl6 and 2xl2.
| Three contractors bid on the 3-inch lumber,
while only one. Carrie d Croly. bid on the
2-inch.
Mr.. Hart then requested that the min
MES covering the several meeting at which
the transactions involved took place be
read. The Secretary turned back to the
minutes of the regular meeting held on the
evening of June 18th. and read all uD to date
After listening to the reading of the min
utes and hearing statements from all the
| members. he said that if the Board were
not cognizant OF the existence of two sets of
specifications. it certainly was a very mate
rial defect. and his opinion. without looking
up authorities, was'that the letting of the
! contract could be rescinded. The contract
was NOT complete and could not be until
tbe specifications were annexed. and they
could not be attached except by the Presi-
dent. with the consent of Carrie IL Crolv.
! Mr.. Conklin said Garlic & Crolv knew the
situation the Board was in, knew how it
had been imposed upon, and were well ac-
quainted that a wrong and fraud had been
committed. and know that we are right in
resepting ii. We don't think it right for
them. under the circumstances. to insist
upon this matter. Seadler admitted in this
Board. before Mr.. Croiv. that he had pre-
pared special specifications for that firm.
earle & Crolv must understand that we
have decided feeling in this matter, and
no one will denv our right to it. | dislike
to 90 to law. do not wish to spend the
school funds for litigation. but | saw to
them here and now that l shall. so long as
possible, refuse to enter into this contract
! it is neither right. lust nor fair. and they
should not insist upon it.
| Mr.. CroIy-We have ordered orr lumber
mi M our forfeit. and il IS here vet. Who
will stand by US We ordered the lumber
Yesterday. as soon IS the contract was
signed.
Mr.. Alsip made a lengthy speech in the
same line with that OF Mr.. Coukiin. in
which he appealed TO Mr.. Croly to allow
the Board to rcccde rom It's actions and
beein anew. He believed in doing Justice
by everybody. He thought the entire
matter should be blotted out.
Mr.. Avery agreed fully with the remarks
of Mr.. Alsip, and was certain that by max
ing few alterations in he plans Il building
equally as good, if not better. could be built
for 81 500 less.
Mr.. Hart said that it appeared that Mr.
Croly knew of the two sets of specifications
Davis, the President, acting in good faith for
the Board. was ignorant OF any fraud. a
i"ise m - H.