The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-08-17
OBSTRUCrING The WORK
AN INJUNCTION OBTAINED RY A
DISAPPOINTED CONTRACTOR


For some reason best known to him
sell Mr.. Walker, one OF the bidders in
the contract for building the two iron
bridges over Wolf river, was not
pleased with the award Of the commit
tee to Nesbitt K Co, and attempts to de-
lay their construction by an injunction
which he sued out yesterday before
Judge E!dridge. He claims that he
was the lowest bidder, and on that
ground demands that he be given the
contract, when the committee ex-
plicitly reserved the right to reject
any and all bids,
Form all that an APPEAL reporter
has been able to learD, it appears
that when the County Court ordered
the construction of the two bridges
and notified SupsIint ndent Cole to
make plans and hcations, the
Superintendent, as well as the COM
mittee, discovered they hsd an ele-
phaut on their hands, as the
building OF iron bridges is a
new industry in this country. Mr..
Cole especially was at his wits ends.
He ia a wooden bridge builder and
does not pretend to know anything OF
eneir efrlng or of iron bridges. I'M
able, therefore, to make the plane, he
began { } look about him for assistance
and at Dyersburg found Mr.. Walker,
who was or had been at work
on the big bridge there. MIR.
Walker was kind enough to get
up the drawing for the structure, 80 it
il stated, and from that moment
seemed to think he had superior
claim upon the contract. Mr.. Cole
naturally felt very kindly toward him,
and thus encouraged, Walker was able
to delay the work OF the committee Tor
weeks. Mr.. Cole, purely out OF graft
tude, no other motive being imputed
to him, protested and grated until the
balance Of the committee took the
bull by the horns and settled II, since
which time, to his credit be II said,
Mr. Cole has dropped Walker entire
ly. 1t was not until after many
meetings, however, that Nesbitt
& o.. secured the contract.
When bids were first made
the commi,tee, unable to decide,
called in MessrI. Fleece and Meri-
wether, practical engineers. Mr.
Meri gether, who seems to have been
most &C i've, decided to awerd the con-
tract to Walker, whose bid wss lowest,
and he was 80 notified. He was ques-
toned about his bond, and a0 Mr..
Milburn would go on II. When he
came TO the p ncb, however, Mr. Mil
burh, who appears to have been the
power behind Walker, fJund there
was no money In 1t at Wa ker's bid
is2l .OOM, and declired posi-
lively to have anything to do
with it. Meanwhile Walker went to
Dyersburg to visit his family, leaving
word that he would be back the fol
lowing Tuesday. Tuesday came, We'd
ntsdsy, Thursday, Friday and Satur-
day and meeting OF the committee
was called. Mr.. Walker was not pres
emit, but Mr.. Cole expected telegram
from him stating that his family was
sick and asking more time. The COM
mittee declined to be annoyed with
him any longer and put his bid aside;
Ii. Brawner, OF Chicago, whose bid
was $24, 755 was not present and as he
had said to members OF the committee,
10 ar pineers and to numerous others
that he had decided not to do 1t
| lOT less tUhH t1ft OuO hto b'u W"o AS.
considered. Mr.. Neshitt was present.
with his bid of $24 $50, and II was ac-
cepted. He was ready to 90 to work
yesterday morning, but the injunction
prevented. Mr. Nesbitt is reported as
saying he had received an intimation
from Mr.. Bean, who was to get the
contract for thu subslructure from
Walker for $4,000. that II he (Nesbitt)
would make similar contract with
him beam the injunction would be
withdrawn; and a member oil the COM
m ttee also receivedan animation that
the payments Of few hundreds ITO
cover expenses" would remove all OBJ
structions. If these things are true it
remains to be seen whether or not the
courts of the country can be used with
impunity to obstruct the business OF
the county for the benefit OF few
disgruntled contractors. The gentle
men concerned will be given an OPP
portunity for explanation If they de-