Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1891-07-10
FRONT STREET MIDDLE
Adjourned Meeting of the City
Council to Consider the
Sheridan Claim
After Four Continuous Hours
of Discussion the Matter
Still Unsettled
1t Will Probably Be Wrestled
With Again at the Next
Meeting

The council held another meeting yes
terday afternoon.
1t was to consider the Front street mud
die and, II possible, to adjust 1t, and after
wrestling with 1T for more than three
hours adjourned without having arrived
at a solution of the difficulty.
The status of the case was pretty clearly
established in the thorough discussion
which took place during the session.
In the absence of Mayor Wilson, Coun-
Gilman Darling was called to the chair,
and the other members present were
Christopher, Monahan, Kinghorn and Al
| lerton.
After a good deal Of preliminary skir-
mishing the council got down to work,
and had its attention fixed to the matter
in hand by Acting Mayor Darling reading
an opinion given last winter by the law
firm of Evans, Sherman & Howard, in
the matter of the Twenty first street con
tract.
Briefly, the opinion was to the effect
| that the city council could at It's dlscre-
tiOn allow extra compensation TO a street
conditions, and said amount would be
chargable to the street improvement fund
il recommended by the city engineer in
writing.
1t might not be out Of place to state
here the circumstances leading up TO the
pres ent case. In August last Sheridan ~
O'Brien entered into contract with the
city for the Improvement OF Front street.
The Approximate cost was s34 ,460.4l.
Sheridan & O'Brien did not finish their
contract on time, and the city council eN-
tended the time OF such completion.
Finally the work was completed, and the
contractors filed a claim for extra com
pensation, allrging that by reason OF the
councils action in making thOroughtare
OF Front street during its construction
work was greatly retarded and the con
tractors damaged.
AT Wedneday's regular session Of the
city council committee, consisting ol
| Councilmen Monahan and Kingdom aud
City Attorney Howard, was appointed u
confer with Mr.. Sheridan, the representa-
tive of the contracting firm OF Sheridan x
O'Brien.
At yes ,erday's meeting the committee
after some informal talk, submitted tho
following report:
FAIRHAvEN, July 9, 1891.
To the honorable mayor and city council
OF FaiThaven.
GENTLEMEN-You special committee
consisting OF the undersigned, appointed
to confer with Mr.. Thomas sheridan, Ii
the matter of his claims against the cit,
of Fairhaven for improvement OF From
street. report as follows:
First-That your committee submitte'
to Mr. Sheridan the offer Of the council T.
pay all claims filed against the city OF
account of Front street improvement, Il
lieu of and in settlement OF all claims q
Mr.. Sheridan against the city.
Second-The offer Mr.. Sheridan refuse
to accept, and in lieu thereof made IN
following offer:
Third-To give a. receipt In full OF a
claims against the city on condition OF tn
city paying all claims filed again-t FrOr
street, and assuming an Indebtedness {
Mr. Sheridans, incurred on account {
such street work, of about 81 200, and
addition paying Mr.. Sheridan the sum
800 per month for time employed on tf
work on Front street
Your committee make no recommends
tion but refer the offer to your hOnoraOI
= body. Respectfully submitted.
Il. +. MoNAHAN,
+. j. KINGHoRN,
c. w. HOWARD.
Following is Sherdan's proposition
= detail:
Payment Of all claims:.i.,;i o;i.a'4o
Allowance for personal time, va
months, at sIOO per month ........... $50
Rufunding cash paid by sheridan In
excess OF amounts drawn In war
rants.................. ........' 'l'@uJ
Total ............. 81, ,s95
q Councilman Kingdom stated that
view o; the opinion given by Evans, She
man & Howard, the question arose, cuu
the extra compensation, II any, De char9
to the Front street grade fund?
CITY Attorney Howard said 1t coul
Front street property owners had be
largely benefited by building that stree
and the improvements could be assess
to them. 800,
Councilman Darling asked what She
: dams claim amounted to In excess OF l
estimated cost OF The work.
1t was understood to be Sll,3l5.SS.
Councilman Kinghorn then moved I
following, seconded by Councilman Mo
ohan:
Sheridan & O'Brien, on account OF Fro
! street contract, amounting in all
\ 81 400 ss be paid In warrants issued
J. the general fund, payable 10 the part
filing such claims, and on orders signed
Sheridan & O'Brien. consentlnR TO su
issuance OF warrants; that warrants
drawn on the general fund In favor
sheridan & O'Brien in the sum OF q,
and that the payments OF said warral
shall he accepted by Sheridan * OBI
in writing, as full and satisfactory setl
ment OF all claims against Front str
ana against Inc Clly vi Il n ha NNh' ~
Sheridan & O'Brien be required 20 CIV
bond satisfactory TO the city council
the sum OF 81, 500, insuring the city aeai
&c any additional claims, as against She
~ dan a. O'Brien on account OF the impro
ment Of Front street.
Councilman Kinghoru thought 1t \
. the duty OF the council to see that
claim was settled at as little cost TO
city as possible. If the council deci
T that Sheridan had claim against
/ city they should consider whether
amounts suggested are reasonable
inst. A point OF law might be raj
which would alter the entire condition
Illv CITY Attorney Howard said the a.
tion arising was first. is there a liabi
ron To settle, and second, II so, to detern
no what amount is right and Just. As Ia
claims for labor and material are c
Is a cerned there was no question but that
ION city was liable for material aud labor I
ioh i'm The construction OF Front street.
dis bond had been taken, payable TO the
of Washington, and filed in the cor
auditors office. thus fixing the liab
This lapse upon the city makes the
Sh, liable TO parties having claims aga
. Front street.
The next question arising was for