St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-29
A $4,000 ROYALTY.
That is What the Water Commissioners
Will Pay Engineer James
Waters.
A Royalty on the Two Jumbo Pumps
According TO the Provisions in
the Contract
T he Old Edgar Folsom Claim Finally
Compromfsed--A Troublesome
Affair Settled.

AT yesterday meeting Oh the board OF
water commissioners two matters of unusual
Importance were finally disposed Of. One
has been a matter of contention for several
years, and the other for over two years.
| The first is what is known as the old Fol-
SOm claim. Ii was for making the eXcaya-
ton for the West side pumping station.
Edgar Folsom had the contract and per-
| formed certain work. with which the
water board Of that time was dissatisfied
| A collision between the board and the con-
tractor resulted in annuling the contract,
and the board itself completed the work,
confiscating Folsom's machinery. The
other matter was So. 600 royalty on the
two Jumbo pumps.
The irst business taken up, however, was
communication from the millers at the
falls, protesting against the board allowing
the bark. raked away from the pump-house
rack. TO float down the river, only to OBJ
struct the racks of the millers. Ii was al
legged that the milers were put TO great
Inconvenience on account Of the bark nui-
sance.
Commissioner Andrews did not think the
board responsible for the bark. inasmuc4l as
il did not originally throw the bark into the
river. and moved that the question be re-
ferred TO the committee ON extensions for
investigation.
AN INADEQUATE FORCE.
Commissioner Davis took the ground that
the water works force was inadequate 10
the work that would be imposed
upon IL In case il had TO
care for the bark. and urged that additional
men be employed.
Mayor Pillsbury explained that the cur
rent in the river is so strong that il brings
all the bark directly 10 the racks. He said
that 1t first lodges inIBassetts rack. and that
his men rake it out into the stream only to
allow 1t to float down and against the water
works racks, from which il is pulled 10 20
on to the racks of the millers. He thought
Bassett should first be stopped. The matter
was referred TO the superintendent with
power to act The committee on claims
and accounts reported in favor of allowing
the First Baptist church a rebate of SIS,
which was adopted.
The board then went into executive ses-
sion and discussed the subject of allowing
the So, 600 royalty on the Jumbo pumps
Opening the doors again the standing COM
mittee on extensions reported back the
matter of sinking shafts and putting In
tunnels, and moved that contracts be
awarded to lowest bidders as follows:
To Fred Youngreen, for putting IN shafts
and tunnels on Fourth avenue north and on
To A. Dahlgren, for putting In tunnels
and shafts on Nicollet island.
Report adopted.
Commissioner Davis read letter from
III. V. Ball relative to the ordinance gov
erning and regulating plumbing. 1t pro-
tested against the severity of the penal
ties imposed in cases of slight violations
on account of negligence or otherwise.
Referred to tie committee on extensions.
VOTED TO PAY.
Commissioner Andrews here moved that
a warrant be drawn in favor of Edgar
Folsom for the sum of 81. 500. in full of
all claims against the board by Edgar Fol-
som. He supplemented the motion with the
statement that the controversy that has
grown out of the work alleged to have
been performed by Mr.. Folsom was exceed
ingly unfortunate.
"God only knows how this claim was saddled
upon this board" he said. 81 am sorry the old
board failed TO settle il by compromise or
otherwise. think Mr.. Folsom has mani
Tested a deal of patience and has been quite
considerable"
Mayor Pillsbury-Yes; Mr.. Folsom had
been generous and the board has dealt gen.
erously with him.
THE Sc, 900 ROYALTY.
The standing committee on claims and
accounts reported that they had examined
the contract with Strathman Bros, manu-
facturers of the two Jumbo pumps, and in
1t was found the following specific clause:
1t being fully understood and agreed TO by
the parties to this contract that the sum of
$4,000 or $4,000 pump, shall be reserved and
retained by this board from the contract price
of said pumps and paid 10 Mr.. James Waters,
the patentee of said pumps, whenever the
said pumps are completed.
Commissioner Andrews believed there
hah ha Of
contract that had been executed, and there
fore moved that a warrant for So. 900 be
drawn in favor of James Waters. The
opinion of the city attorney was to the eff
feet that the royalty was cOllectable under
the contract. The motion was signal TO
bring Commissioner FOote to the floor i'm
opposition. Mr.. Foote did not think the
claim was just, and he has, from its incipi-
ency, fought the claim inch by inch. His
arguments yesterday reminded one of the
stormy scene enacted some two years or
more ago, when Commissioners FOote and
Grimshaw came into collision over the ques-
ton of adopting the Waters invention and
awarding the contract for the new pump to
the Strathman Brothers.
In calculating his views yesterday, Mr..
FOOte said:
do not desire TO cast a reflection upon the
committee on claims aud accounts. i am a
member OF that committee. and IN justice to
my opinion Is well as in justice to the city at
large. / take issue with the majority of the
committee. however. And while 1 have no
doubt that the committee has done all
in its power 10 give the matter
most searching investigation, still
they are not familiar with the conditions
which primarily led TO making the contract.
They were not members of this commission
at that time, and therefore cannot judge as
can those who were actually present. At the
time the cont ract was awarded,
THE CITY ATTORNEY CERTIFIED
that it protected the city fully. This opinion
was in writing and is matter of record in
this board. Now, in another legal opinion,
the city attorney admits the possibility that
there might have been a mistake in making
the contract This being true, there is, in my
mind, a good and sufficient ground for further
investigation. j would, therefore, move you,
as substitute for Commissioner Andrews
motion, that the matter OF royalty be refer
red TO a special committee of this board, with
power TO employ experts to examine into the
technical details OF the contract and the
pumps made under the contract, for the rea-
sons:
First-we have no evidence that there is
patent on the Jumbo pattern.
Second-The contract specified that two
10000, 000-capacity-per-day pumps should be
made and there is grave question as TO
whether the pumps furnished are of the full
capacity indicated in the contract.
Third-Engineer Waters induced this board
to accept his plans and specifications upon
the distinct representations that his pattern
would pump 10,0O0,0 600 gallons OF water per
day.
Experts can be employed who win determine
the question and so settle positively all diff
ferences OF opinion relative thereto.
COMMISSIONER ANDREWS ELUCIDATEs.
In making response, Commissioner An
drews said: