The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-12-01
Viii Eaglr
COUNCIL PROCEEDINGS
The Dermody Bid Question the Chief suD'ec
Of Dis usslon.

The CITY council met last night in special
called session, Mayor Carey In the cnalr.
All the councilmen were present except
Nosbacher and Good. Councilman Harris
asked nermission to absent himself ana IL
was granted.
The call for the meeting was read and
placed on file
The call SD ;ified the object of the meet
ing to be the consideration OF the Dermody
bid for the construction of system Oh
sewer flushing in district No. /, repairing
the dam, the occupancy of the jail part oil
the new city building, and the paving OF
the approaches to the entrances OF Ihe
building.
On motion it was agreed to pave the
onnroacbes to the entrances to the city
building with brick.
On motion it was agreed to occupy the
police departments of the city Dullding do
soon as possible; Mr.. Rogers, the con-
tractor, waving the right of possession
without acceptance by the city.
The dam question was discussed and re-
ferred to a committee consisting OF the
public improvement committee, the CITY
engineer and the city attorney.
The Dermody matter was then taken up
The story of the case seems to be as FOL
lows: The clerk had advertised Tor olds
to be received up till o'clock of the day
of the last regular meeting for the con-
struction of a sewer flushing system in
sewer district No. /. Several bids were
In at o'clock, but at 7:2O when the coun-
Gil met Dermody & Co. handed IN BID.
The propriety of receiving IL WAS
discussed at the time in the presence OF
the OF her bidders, and it was agreed to re-
ceive it. When the bids were opened IL
was found to be the lowest, and upon
motion it was unanimously agreed that
the contract be awarded Dermody 81 20.
Subsequently it was limited that inasmuch
as the bid was not filed on or before D
O'Clock on the day specified in the clerk S
advertisement that it was not valid old.
The city attorney was called upon for
an opinion, and he thought it not sale
plan to let the contract on the bid. lie
stated that be was unable to find any
thing in the reports that would show that
the question had been passed upon, but
argued from the circumstances attending
the case that it was not good bid.
Councilman Buckeridge took the floor
and expressed his sentiments on the mat
ter. He stated that he neither approved
nor voted for the reception of the bid, but
that since it was received and the contract
awarded Dermody & Co., he thought it
would not be proper for the city to break
the good faith manifested in giving the
contract, even though the whole matter
seemed.a little irregular. He wished it
understood, however, that he would not
favor the holding of the contract by Der
mody & Co., if it was unlawful.
Councilman Glaze stated that it was the
custom to receive bids at any time pre-
yious to the meeting of the council, not
understanding the fact that the clerk adj
vertised to receive them up TO a GER
tain hour. The clerk, he stated, did
that for his own convenience and it was
In no sense the action of the council. He
favored no action that would deprive Der
mody & Co. of the contract.
Judge Ruggles asked for permission to
speak in behalf Of NJ Dermody & Co., and
be made ten minutes speech, giving the
statutory points bearing on the subject.
He said that Mr.. Dermody had actually
made cut and sealed his bid prior to
OClOCh, anu I0dG Jne ClcCk . OHAOo was
closed before he could have it filed. He
also stated that the bid had not been
opened afterwards and that, therefore, it
was impossible to have taken any advan-
tagged of the other bidders. He also agreed
with Mr.. Glaze with reference to the GUS
tom and gave it as his personal and pro-
fessional opinion that the fact that
Mr.. Dermody had not put in his bid
earlier, did not jeopardIce his rights since
the council had agreed to receive and
open his bid. He also referred to the fact
that the other bidders who were present at
the time, raised no objection to the recep-
ton of Mr.. Dermony's bid. Mayor Carey
arose and expressed himself on the matter.
He said that the council had rules and
that the bidders, who were on the outside,
had no right to raise an objection, unless
they had been given permission. He
stated. however, that he did not wish to
dictate to the council, and that as the city
attorney was his legal adviser, he did not
feel like signing contract unless the city
attorney vouch to him for the fact that it
was according to law.
Mr. Stanley, the next lowest bidder to
Mr.. Dermody, spoke and said that he
would interpose an objection against the
reception of Mr. Dermody's bid on the
night 1t was received were it not for the
fact that the motion to receive it had
been passed before he had time to object.
To settle the matter action upon it was
postponed till next Monday night, at
which time the city attorney promised to
have full and complete opinion to render
in the matter After this it was moved
and carried that the council adjourn till
next Monday night.
1t was in the program to have an execu-
tive session but it was dispensed with for
some reason.