Omaha daily bee., 1888-02-26
Injunction Suit of the Bee Company
Before the Court.
THE CITY HALL CONTRACT
story OF It's Inccption-The Arrange.
mcnts With the Board Of Edu.
cation-Dclays and Poor
Work Exposed.
The Injunction Suit.

Attorneys Simeral Ind Hall appeared for
the BEE company and City Attorney Web.
ster, assisted by Councilman Hascall, rep
resented the city's interests. Several coun-
cilmen and hangers-on were in the audience
when Mr.. Simeral arose and read the petit
tion of the plaintiff. Mr.. Webster made a
reply that lasted until fifteen minutes after
10 O'Clock, when court took recess until
o'clock. At that hour it reconvened and
Charles Connoyer, ex-secretary of the board
of education, was the first witness called. He
testified that he was member Of the board
Of education when the city hall contract was
made; a committee consisting Of Councilmen
Goodrich and Schroeder from the council
came to him and said they were going to
build city hail and that they wanted the
board of education to Join them The site
for the building was on the corner of F'arnam
and Eighteenth streets. They showed plans
of the building, made by Mr.. Myers. They
showed quarters for the board of education.
After the bonds had been voted, the grading
was begun and when it was finished a bill of
$500 was sent to the board to be paid, which
was paid. In the fall proposition was sub.
mitted to the voters to vote S25, 900 in school
bonds for the building. At that time S490 of
this S25, COO had been paid In the June fol-
lowing we put the So, 900 in our estimates to
the city council. The basement was begun
in in 1856; think hl,,,s Regan r, Bros; s:, were
education paid 100000 in that year into the
city treasury for work on the basement. The
money was paid to the city treasurer in pur-
suance of the contracts with the city. The
cost of building in 1855 was less than in 1856
and 1887.
Cross examined by Webster-Mr. Myers
presented the plans at the preliminary meet
ing. The committee from the city council
acted as though they had authority to accept
thn,,, pnf hot fhnxv had mot hoo
accepted; did not understand that COM
mittee from the board and one from the
council was to accept the contract; remember
making contract in July, 1885, whereby the
plans were to be accepted by committees;
the plans were accepted and provisions made
for the rooms for the board before the con-
tract was signed; it was Mr.. Myers, the COM
mittee from the council and our committee
who selected the rooms from the plans; the
committee made the agreement to accept
the rooms; the Myers plans were not before
the board when the committee de-
cided upon the proposition to
vote $4,000 for the building; the Myers
plans were presented between the making of
the proposition and the signing Of the con
tract; Mr.. Rosewater, to the best of my
knowledge, was not present when we signed
the contract; only Mr.. Points and myself
were present.
The witness was shown the contract in ex-
hlbit 3d." and remembered then that MIR.
ROsewater was present.
Continuing Mr.. Connoyer said: We turned
the s25, 600 bonds for the building OF the city
hall over to the city treasurer. The money
was to be used for that purpose; have no
personal knowledge that it was paid out by
him for that purpose; am not contractor or
builder.
| from the board, city council and Mr.. Myers
were present when the quarters set apart in
| the plans for the board were accepted.
st. A. D. Balcombe testified Am chair
| man of the board Of public works; am Gus
| todian in my capacity of the plans of the city
hall; there has been more than one set of
plans furnished by Mr.. Myers for the base
ment and sub basement.
The witness was asked if he knew why
two sets Of plans were submitted to which
MIR. Webster objected, claiming that the rec
| ords were necessary to show that. Judge
| Doane overruled the objection.
| Mr. Bacombe, continuing: can only tell
from the records why two sets Of plans were
prepared.
MIR Webster again objected, and Mr.. Sim
| eral said that he proposed to show that the
work was being done by piecemeal
MIR. BalcOmbe-The second lot of plans
| were drawn and specifications made for
| building the basement and sub-basement, in
! dependent of the super-structure; these were
made in 1885; the city had previous plans;
| can't tell why separate contract was made
to Reagan Bros, September 8, 1885; be-
came a member Of the board June /,
1887; the contract was let prior to
| my entering the board; on the
| done on the sub-basement, but very little on
| the basement; the records show when the
work was begun examined the work about
the first day of July, 1887; the contract called
| for the work to be completed July l, of that
year; it was not completed, and never has
been; the board Of public works annulled
| the contract in November for non compliance
with the contract and its various stipula-
| tions; communicated the fact to the city
| council; the council overruled us, and sent
US official natice that the Reagan Bros. were
| reinstated and directed to go on with the
work to finish; this was December TO- 1887;
| Reagan Bros. commenced work, and did a
small amount of work on the stone work; !;
they continued it for eight or ten days; cold
| weather drove them of, and then they went
to work again; the next step taken was by
| the city council annulling the contract with
them ;oprevious to this annulling the Reagan
| Bros. made demands for pay from the
board of public works; Brennan Il Co.
have never put in any claims to the
| board of public works; have no personal
knowledge that they put in any claims to the
81, $40; the board of public works in writing
| notified the council of the way the work was
| being carried on; 1t was based on the report
| of the architect, who inspected the work and
| reported 1t to the board of public works.
The report of the architect and the pro-
ceedings of the board Of public works on the
same was submitted and accepted as evi-
dence as to the conformity of the work with
| the plans.
MIR. Balcombe, resuming. The board of
| public works advertised for bids for work on
| the superstructure the bids swere to include
| work above the foundation or easements ;
the bids did not include heating. August 10
the board awarded the contract to the lowest
bidders Brennan g. Co.; we sent our action
to the council and they overruled us. Bren-
mans contract was for $203, $40. 10; the coun-
| Gil ordered us then to re-advertise; we did
so; October bids were again received and
rejected by the board; we notified
the city council to that effect and
they told us to re-advertise; did
SO; November 4, again received bids and the
contract was awarded to Neyins Il Co. for
$24S, 800; that included the entire super
stiucture the council overruled us again (;
| don't know who J. |. Nichols was that made
q bid August IS; Il check for 81 coo, signed by
IT. j. Brennan accompanied Nichols bid,
which was for s229, 1913; turned the check
| over to Mr. Brennan by order OF the city
council; when the August bids were re-
| ceived the basement was not half completed ;
| Brennan had charge Of the work in the
| spring of 1887; don't know whether Reagan
Bros ever did any work there; when came
| into office Brennan reDrcSented to me that