Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-14
WILL MAKE A FIGHT,
The Controller Objects to Pay.
ing the Claim for Inter.
est in a Suit
OVER A SEWER CONTRACT.
A Test Case Will be Made of It,
Which, if Lost, Will Mean q
QUARTER OF A MILLION OUTLAY
Rot Collected From the Penefted Property
Owners.
OVER A SEWER CONTRACT.
QUARTER OF A MILLION OUTLAY
Rot Collected From the Penefited Property
Owners.
BOTH PARTIES WILL CONTEST HOTLY

The CITY will contest the claim of Con-
tractor E j. McIlvsine. There are no OBJ
ections to his claim for money due on his
contract, but there is decided opposition to
paving interest on the amount during the
two wears the law allows after the compile
tion of the work before payment can be
forced.
Suit was entered Friday in behalf of Con-
tractor McIlvaine for use of the Pittsburg
Bank for Savings against the city to recover
S20.5 77 with interest from February Z,
1890. McIlvaine has assigned his clsim to
the bank On the date mentioned he COM
pleted sewer for the city on
Penn avenue and Broad street from
Lincoln avenue to Susquehanna street. The
two wears required by law have elapsed
since the sewer was finished and the money
is due. But in addition to the contract
money interest is claimed for the two
wears, amounting to about s., 500. This the
city objects to, and a test will be made on
1he question in court
Involving Large Amount.
The test is an important one to the city,
involving q large amount of money. Con-
troller Morrow and other officials have been
trying for some time to get the question
into court for settlement, and now
have succeeded. The case will be
hotly contested by both sides. Should
the plaintiff win il means that
the city will have to pay interest on all
street contracts now owing. These amount
in the aggregate to about s., 000, 900, includ-
IL. IL, IL
ferred until after the Supreme Court acted
on the constitutionality of curative legislaA
tion and the city secured means for collect
ing the money. e.
Some of these contracts have already
reached the two-year limit, and the re-
mairder will during this year and next If
the court decides the claim for interest in
the McIlvaine case is good, the same will
apply to the others, and the city will have
to pay $4,000 more than has been
calculated on. The bonds recently author
lied for the payment of street improvement
debts are not TO be issued, since now that the
curatine act has been sustained, the g, ,O00,-
OO00 can be collected from benefited prop
erty-owners. But if interest has to be paid
the contractors S24O, 900 will have to be
taken from The city Golfers and an appro-
priation will have TO be made for it.
The Controller Not Frightened.
Controller Morrow is not at all fearful of
the result Of, the suit He said yesterday:
1--WE will not contest the claim for money
due on the contract The court has decided
that this must be paid at the expiration of
two wears after the completion of the work.
This time has passed and we are willing to
pay Mr.. McIlvaine the contract price. But |
we will fight the claim for interest. 1t is |
an unjust one and would cause the outlay of |
a large sum Of money If we had to paw in |
terest 10 one contractor we would have to |
pay all -
'What are your grounds for claiming the |
interest is not due?" was asked.
Wait till the case comes up in court"
replied the Controller "We'll save our
ammunition till the battle begins