Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-04-05
LAID At REST


idsnt Returns the Bill without HI,
Approval-His Message on the Subject.
| WASHINGTON, April 5.-The President
yesterday sent to the House. without his
approval, a bill for the relief of Nathaniel
Mckay, executor of Donald Mckay.
The President says in his message that
1t is the purpose of the bill to allow the
benefciaries to present to the Court of
: Claims for determination certain demands
! made by them against the Government on
account of the construction of two iron
clad monitors-the Squando and Nanset-
and side wheel steamer, the Ashuelot
Tho construction of these vessels
was began in 1868. and it was
agreed that they should be completed
within six or eight months Ii was pro-
vided that the Government should have
the privilege of making alterations and ad-
ditions to the plans and specifications at
any time during the progress of the work
and that if these alterations should cost
extra expense to the contractor the Gov
ernment should pay for same at fair and
reasonable rates. 1t thus appears that the
time allowed for the completion OF these
vessels was with the assent of the contrac-
tors made exceedingly short; that notwith-
standing this fact they consented to permit
such alterations of the plans as must neces-
sarily prolong the time fixed in the limit
for such extension, and fixed their measure
of compensation for such alterations at fair
and reasonable rates.
The President sums up his objection to
the bill with the following words: st
seems, then, that the contractors men,
toned in this bill, after entering into
contract plainly indicating that changes of
plans and consequent delay in their work
were in their contemplation, ayailed them
selves of the remedy which they them
selves had provided, and thereupon re-
ceiyed about fifty per cent. in the case of
two Of these vessels of the contract price for
extra work, giving the Government a re-
ceipt in full. When soon thereafter oppor
tunity was offered them to make further
claim of as broad q nature as they could de-
sire, they failed to do so. One of them dis
claimed any right to recover on account OF
one of the vessels, though all are now in
ciuded in the present bill. In 1867 the
claims were fully examined under a law of
Congress and rejected, and the Supreme
Court in an exactly similar case finds
neither law nor equity supporting them.
If it be claimed that no compensation
has been yet allowed solely for the increase
in the price Of labor and material caused
by delay in construction, it is no hardship
to say that as the contractors made provis-
ion 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 pro-
vision they have made against it. Besides
much Of the entire increase in the price of
labor and material is included in the extra
cost which has already been reimbursed to
to them. But the bill does not provide
that these contractors shall be limited in
the Court of Claims to a recovery solely for
loss occasioned by increase of the cost of
labor and material during the delays 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
vessels by reason of any changes or altera-
tions in the plans and specifications, and
delays in the prosecution of the work.
This, it seems to me, would enable these
contractors to open the whole question OF
compensation for extra work. 1t hard
seems fair to the Government to permit
these claims to be presented after lapse of
twenty-three years, since q settlement in
full was made and receipts given after the
opportunity which had been offered for
establishing further claims, if they existed,
and when, as a consequence of the ntrac-
tors neglect the Government would labor
under graf disadvantages in its defense.
am of the opinion, in view of the his
tory Of these claims and the suspicion natu-
rally excited as to their merit, that no
injustice will be done if they are laid at
rest instead of being given new life and
Higor in the Court Of Claims.
lSignedl GROVER CLEVELAND"