St. Paul daily globe., 1888-07-29

one for the grading of the street be-
tween these avenues. The bill is certl-
fed as correct by the same officials, and,
with one exception, allows the highest
price per cubic yard allowed, asked or
paid for any grading in the Eighth
ward since 1885, and. probably, during
the entire existence of the ward. we
can only conjecture how much will be
lost to the city, if this bill is paid, be-
cause of the fact that contractors were
not permitted to compete for the work
in the usual way. And here again we
cannot say how much the price per
yard has been increased over the bid
that Bowen would have made had pro-
posalS been invited.
1t is thus seen that in every instance
where bids were made at all, higher
price has been allowed than the bid re-
ported. Aid. Lawrence has not certl-
fed to any of the bills of w. j. Bowen;
but the other aldermen and the city en-
gineer have certified all the bills at the
higher price.
We have not seen the original bids
made by Roach Il Wilson, w. j. Bowen
and Charles Filteau. When asked for
at the engineers office, the clerk III
charge stated that they
COULD NOT BE FOUND.
But IN any event the engineers re-
port should control. That is what is
submitted to the council and published,
and furnishes the information upon
which the council acts. The public
have the right to rely upon the report as
correct; and the engineer could have no
motive for making an incorrect or erro-
neOuS report of bids.
An instrument is of record with the
COMPTROLLER. dated Aug. 20. 1887. which
purportS to be contract between the
city and Anderson & Douglass, whereby
they agree to grade Garfield avenue.
between Twenty-fifth and Twenty
ninth streets. and complete the
same on or before Nov. 20,
1887. No bids were ever re-
quested for this work, and the con-
tract was not authorized by the council.
Moreover, the work has been only par
TALLY completed. Whether the work done
is worth more or less per cubic yard than
that which remains to be done we can
not say. At any rate, nothing is yet
due on the contract. Nevertheless, the
engineer and aldermen have certified
their bill as correct, which charges the
city with S399.72, and they further GER
tify as follows: The above amount to
be paid for after June settlement i'll
1885" If the contract were valid. the
city council could alone modify or change
its terms. This the council has never
done, and the contractors are not, as yet,
entitled to any compensation, even
though their contract were valid one.
Performance on their part is a condition
precedent to any light of compensation
from the city.
Badger d Penney, under their al
legged written contracts with the city,
which bear date respectively April 20,
1887, and July 6, 1887, graded Twenty
Pleasant avenue; Franklin avenue, be-
tween Blaisdell and Pleasant avenues,
and Pleasant avenue, between Franklin
avenue and Twenty-siXth street, all at
Is cents per cubic yard. We do not un-
derstand that bids were ever asked for
the doing of any of this work, or that
contractors in general were allowed to
compete for the same. The contracts
were not authorized by the council, but
the bills of Badger IL Penney have been
certified by the engineer and all of the
aldermen.
Charles Filteau graded Bryant and
ColfaX avenues, from Twenty-fourth to
Twenty-siXth streets: Bryant avenue,
from Thirty-frst to Thirty-third streets;
COlfaX avenue, from Thirty-firSt to
Thirty-second streets; the intersection
of Thirty-second street and ColfaX ave-
nue., and Twenty-fifth and Thirty-sec-
ond streets, between Bryant and Col
fax avenues. There is not even the
pretense of contract between the city
and Filteau for the grading of Thirty
second street. between Bryant and Col
Colfax Col ".ii or Bryant avenues south
of Thirty-first street, except from
Thirty-first to Thirty-fourth street. No
proposals were invited or bids made for
the performance of any of this work,
except for the grading of Bryant and
Colfax avenue, between Twenty-fOurth
and Twenty-siXth street. The report of
bids already mentioned shows that Fill
teau offered to grade the laSt-named ay-
enueS, between the aforementioned
streets, and also the same avenues, be-
tween Thirty-6rst and Thirty-fourth
streets, at a certain price per cubic
overhaul. And an instrument is of
record with the city comptroller bear
ing date July 80, 1887, which purports
to be contract between him and the
city, whereby he agrees to grade these
parts of ColfaX and Bryant avenues, and
the city agrees to pay ~ cents per
cubic yard for the overhaul, or an eX-
cess of l cent per cubic yard over the
price named in his bid.
The contract also contains this clause:
1.-The party of the second part (the city,
agrees to pay the party of the first part
Filteau) the sum of ~ cents per cubic
yard additional for grading the above
named streets if said party of the first
part waits until July, 1885, for pay for
said work" If the bid as made by Fill
teau provided for this additional ~
cents, the report of bids fails to show it.
Even his certified bills are not itemized
so as to show the allowance of this ad-
ditional sum. All other bills show
allowance for overhaul, but these do
not. Whatever was intended for sub
mission to the council Or for publication
made no reference to the "a cents per
cubic yard allowed as interest upon the
claim until July. 1888, and this is not
surprising when it is considered that
THE ALLOWANCE Is UsURY.
The credit of the city has never been
questioned. 1t is paying upon the last
loan negotiated in its behalf at the rate
of AZ per cent per annum. Neverthe-
less the contract between Filteau and
the city allows him interest exceeding
Is per cent. or nearly three times as
great. 1t will also be observed that Mr..
FiIteau did not agree to wait until July,
1883. He had the option to immedia-
diately demand his money upon per-
formance Of the work. The advantages
of the agreement was wholly with him.
The city was in no wise benefited. 1t
did not acquire an extension of the time
of payment, except with Filteau's con-
sent, even upon payment OF interest at
the uSurouS rate.
Bills are now outstanding for the
work in favor of Charles Filteau, certi-
fed as correct by the city engineer and
all OF the aldermen, which charge the
tional because of the delay in payment.