St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-04-05
Consequently the Old Bill for
Building Iron-Clads is
Killed.
Secretary Villas Wants a
Chance at the Railroad
Lands.
What was Accomplished Yes
terday in the National
Congress.
Special to the Globe.

WAsHINGTO ON, April 4.-The presi-
dent to-day sent to the house without
his approval bill for the relief of
Nathaniel Mckay, executor of Donald
Mckay. The president says in his mes
sage that it is the purpose of the bill to
allow the benefciaries to present to the
court of claims for determination GER
tain demands made by them against the
government on account of the construc-
ton of two iron-clad monitors, the
Squando and Nauset, to be completed
within six or eight months. 1t was pro-
vided that the government should have
the privilege of making alterations
and additions to the plans and speci-
ications at any time during the
progress of the work, and that if these
alterations should cost extra expense to
the contractor the government should
pay for the same at fair and reason
able rate. 1t thus appears that the time
allowed for the completion of these yes
sells was, with the assent of the con-
tractors, made exceedingly short; that
Notwithstanding this fact they consented
to permit such alterations of the plans
as must necessarily prolong the time
fixed in the limit for such extension,
and fixed their measure of compensation
for such alterations at
FAIR AND REASONABLE RATE.
The president sums up his objections
to the bill with the following words:
1T seems, then, that the contractors
mentioned in this bill, after entering
into contract plainly indicating that
changes of plans and consequent delay
in their work were in their eontempIa-
ton, availed themselves of the remedy,
which they themselves had provided, and
thereon received about so per cent, in
the case of two of these vessels, of the
contract price for extra work, giving the
government receipt in full. When
soon thereafter opportunity was offered
them to make further claim of as broad
a nature as they might desire, they failed
to do so, and one of them diSclaimed any
right to recover on account of one of the
vessels, though all are now included in
the present bill. In 1869 the claims
( were fully examined under a law of
congress and rejected, and the supreme
court in an exactly similar case finds
neither law or equity supporting them.
If it be claimed that no compensation
has been yet allowed solely for the in
crease in the price of labor and material
caused by delay in construction, it is
no hardship to say that as the con-
tractors made provision for change of
plans and delay, they must be held to
have taken the risk of such rise in price,
and be satisfied with the provision they
have made against. Besides much of
the entire increase in the price of labor
ial 10 inf ho FRO
cost which has already
BEEN REIMBURSED TO THEM.
But the bill does not provide that
these contracts shall be limited in the
court of claims to recovery solely for
loss occasioned by increase of the cost
of labor and material during the delay
caused by the government. By the
terms of the proposed act the court is
directed to ascertain the additional cost
necessarily incurred in building the
vessel by reason of any changes or
alterations in the plans and specif-
cations, and delays in the prose-
cution of the works which seems to
me would enable these contractors to
open the whole question of cOmpenSa-
tiOn for extra work. 1t hardly seems
right to the government to permit these
claims to be presented after lapse of
twenty-three years since a settlement
in full was made and receipts given,
after the opportunity which has been
offered for establishing further claims
If they existed, and when, as conse-
quence of the contractors neglect, the
government would labor under great
disadvantages in it's defense. l am of
the opinion, in view of the history of
these claims and the suspicion naturally
excited as to their merit, that no injus-
tice will be done if they are laid at rest
instead of being given new life and
yigor in the court of claims"