Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-04-05
THE CITY TAKES Hold.
HALLOCK BROS. EMPLOYED TO FINISH TIE
STONE BRIDGE.
The Cost Thereof 10 Be Charged Up 70 Paige, Carey
& Co., and Deducted From Their Account
Under the Contract

The Stone Bridge Commission was
called to meet last evening for the pur-
pose of considering the stone bridge
situation, and what was best to be done
ppder the circumstances resulting from
the cessation of work by reason OF the
Paige, Carey 81 Co. complications.
There were present the city engineers,
Messrs. Hoge and White, Chairman Eli
bingham and MeSsrs. Zarnitz, henney.
Schrabe and En- sheimer, OF the Com
mission, Mr.. Gilmore Brown, the repre-
sentative of Paige, Carey Sc Co., Messrs.
Hallock and Haley and City Solicitor
Riley.
In the course OF a preliminary CONVEX
sation, it was stated that MessrS. OFT
and Hobbs, the sureties upon the con
tract, had put their interests in the hands
o Mr.. Henry NJ Russell, who had been
suddenly called East on business. In
his absence the sureties thought 1t
would not be proper for them TO be
present, and it was conceded by the
Chair that their presence would not be
necessary. 1t was also stated by the
contractor that about all the stone neceS-
sary for the com pletion Of the bridge
had been ordered, and all had been re-
ceved except nlnety-eight small stones.
Nearly all the stones on hand were
dressed, ready 20 go into the struc-
time. The 2O-inch, an S-inch and g.
inch water pipe had been laid down,
and the city gas pipe, the natural gas
pipe and telephone conduit remained
to be put in place.
When the meeting was formally
opened, the Chair asked Mr.. Riley
for advice as to what the Commission
had better do, and said personalities
of all interested parties, except the
bondsmen, were present. In saying this
the Chair laid before Mr.. Riley the
statements to date.
It was suggested thai the represen-
taJive OF Paige, Carey & Co., had better
be heard, and in response TO that, Mr..
Brown took the floor, and reviewed the
case. LAS yet" said he, Il have re-
ceived no intimation that the firm has
made an assignment, yet in view OF
the complication existing, | do not see
how the firm can go on and complete
the work / have received no instruc-
tions from the firm since Thursday last,
and 1 am just in that position that | can
not see how we can do anything. or
course, do not know what the future
may disclose, or what instructions | may
receive from Mr.. Paige, but as matters
are at present / do not see how we can
do anything. regret to say this, but
as far as l can see, it is all l can say.
The firm has no finances available, and
the contractors, under the contract,
appear TO me to be in default, and
the city ought TO, and might as
well, go ahead and complete the work,
and charge the firm with the cost. l
am entirely in the dark, having received
no instructions, and knowing Of the i'm
portance of getting the work done,
l speak thus frankly TO you. have ad-
viSed the firm of the situation"
MIR. Riley said he thought Mr..
Browns statement made the duty of
the Commission clear. The city ought
TO 20 on and complete the work.
The Chair-Ought we have his state
ment in writing?
Mr.. Riley-Oh, no; it is a notorious
fact that the firm is unable TO go on,
Just as he says.
Mr.. Dillingham; Riley, if you
will look at this statement, you will see
that stone bought and paid Or by the
city, is under attachment.
Mr.. Riley-Oh, that belongs to the
city.
Mr. Ellingham-Can't the attach
mentS be released?
Mr.. Riley-Perhaps the claimants
won't release them; the suits have not
matured, aud won't come on until the
June term. If it's a question of the right
TO the property, the city must show mat
by interpleader. 1t looks to me that the
city has right to the property, and
the city ought to 60 ahead and put it in
the bridge. If the claimants insist, we
can settle that afterwards.
Mr.. Ellingham-Suppose the city puts
men to work there. and the Sheriff
comes down and stops them?
Mr.. Rlley-Oh, we can settle that all
right. think that can be amicably
arranged, without doubt
The Solicitor read the contract en-
towering the city to tin case of de-
fault for any reason by the contractors,
the default on the bond, etc, and made
an explanation of the legal phraseology
satisfactorily TO the Commissioners. He
said the course the Commission ought to
pursue would be to take right hold and
finish up the work.
In accordance with this, Mr. Em-
sheimer makes motion that the Com
mission employ such labor and buy such
material as would be necessary TO COM
plete the bridge, and charge Paige,
Carey X Co. with il.
Mr. Shrabe-What effect will that
action have on Paige, Carey & Co.'S
bondsmen? Wilt relieve them?
Mr. Riley-No; the city is only carry
ing out the contract.
Mr.. Shrabe-I thought, perhaps, they
ought TO be here.
ENGINEER Hoge-They were notified.
Mr.. Kenney-I didn't come here TO
exercise any undue haste, this evening,
being wi. ing to give Paige, Carey Il Co.
a chance, nut in view of the statements
by Mr.. Brown | will feel justified in
voting for 1t.
The Chair-No one here has any de-
sire to crowd Paige, Carey q Co.
The question was then put and car
ried unanimously.
Mr.. Brown then asked that the Com
mission make up an estimate OF
everything entering into the bridge up
to the time Of the suspension of the
work, including materials on the
ground, that the firm might know just
where it stood when work was stopped.
Aresolution instructing the Engineers
to make up such a statement was
passed.
Mr.. Emsheimer-Now, who will we
get to do the work? Mr. Hallock is
here, and be understands the work.