St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-09
AzoTINE KNOCKED OUT.
The Assembly Repudiates Its Con-
tract-AII Bids Rejected.

The Assembly Repudiates Its Con-
tract-All Bids Rejected.
The azotine middle was partially
Strengthened out at last nights meeting.
The company must take recourse to
court at law to recover single cent for
destroying the garbage of the city since
the first of August last-a bill amount
ing to S6,25O. The assembly, with
but a single voice in the neg
alive, and that w. p. Murray's,
declared the bill unearned, for the rea-
son that the company could not have
destroyed the garbage, not having a
plant of any sort to effect such an end.
At recent meeting of the council the
bills of the Azotine company were re-
ferred to the corporation attorney for
legal expression. Mr.. Lawler reported
his opinions, first reiterating portion
of a former exposition of the legal phase
of the controversy based upon the IN
curry as to whether or not the AZOtine
company really holds contract. The
attorney said:
1T is my opinion that the present contract
with the Azotine company has not been tir-
minated either by abandonment on the part
of the company or by such breach on its
part as would justify the city IN holding the
contract to be determined. 1t would be I'M
safe, in my opinion. for the city to proceed
on the assumption that this contract is ter
minated without first causing the garbage
and dead animals to be offered at the works
of the AZotine company to be treated as in
the contract provided. Failure to com
ply with such demand for any considerable
length of time on the part OF the
Azotine company would work breach OF its
contract and the city wonld be able not only
to enter into new contract, but also to hold
the Azotine company for damages Tor such
breach Under the offer of the company,
however, there is no need OF such extreme
measured. 1t expresses its willingness to
carry out the present contract at plant 10 be
constructed at a new location, and under all
the conditions of said contract. 1t Will
seem fair and proper that Such offer De ac-
cepted This recommendation just read was
made upon the representation by the Azotlne
Manufacturing company of its intention to
carry out the terms of its written
contract in every particular, except
the location of It's plant. Compliance
with this promise would probably have given
validity to the present claims. 1t seems,
however, to be conceded that the Azotlne
company has not vet established its plant
and has not iii proper End efficient manner
disposed of its garbage, ETC., in manner and
form as required by its contract. 1t is, there
fore, my opinion that the present claim for
Sc $50 is not one which could be enforced in
q legal action against the city. recommend
the disallowanee of the claim.
When this was given the council,
MI. Oppenheim argued eloquently for
an immediate settlement of the diff
ferences. He declared that the ques-
ton is in the nostrils of the people, and
is an intolerable stencil.
Assemblyman MeCafferty was not in
favor of compromise of amy sort. He
had listened to the opinion of the city
attorney, and he wished TO add To it
that it is shis OWN personal Judgment
that the Azotine company has no valid
claim against the city. He opposed pay
ing a sou. and moved that the bills be
recalled from the committee on streets
and taken up for summary action. Mr..
Oppenheim was not ready to take such
radical step, and argued upon the
hypothesis that if there is a claim it
may cost the city great deal i'll the fut-
ure TO satisfy it.
1.-The garbage has been collected, even
if imperfectly," he exclaimed, land it
has been disposed of, even If imperfect
ly, and | believe the company has