The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-08-18
NO CONFIDENCE In BAILEY
Board of Works Not So Sure the City
Attorney Is Right as He Himself Is.
At Any Rate, 1t vii Do the Sewer Business
All Over Again-Wanrs a Switch on Ala
bama S.Teet-0ther City Affairs.

As announced in yesterdays Journal the
Board of Public Works held consultation
with City Attorney Bailey yesterday morn
ing before the regular session and decided
to rescind all action already taken with
reference to the Mississippi, Merrill and
Washington sewers. Fulmer ~ Sell
bert were the lowest bidders on two of the
contracts and William Bossert on the other,
and at noon yesterday they were notified
as to what action the board had decided
upon.
The sewer bids in question were opened
one day last week. The three contracts,
takeL together, will form the biggest
amount of public work ever let at one time
by the city. the estimated cost of the work
am bunting to 100000. 1t was the first time
resolutions had been drawn for main sew
ers under the new charter, and the first
work contemplated in accordance with the
accommodation of sewer expert Rudolph
Herring, of New York. It was big under
taking, and the preparation of the speci-
fications and resolutions was submitted to
City Attorney Barley. Bids were adver-
tised for on the three contracts, and in a
few days thereafter the represe natives of
large contracting firms from all over the
country began TO flock int the city. They
examined the proceedings from start TO
finish. and on the day when the bids were
single outside company had sub
mitted bid. The board expressed
no surprise, but was doubtless
disappointed. That morning il was ascer-
tanned that Bruner Bros. sewer con-
tractors, did not bid because they had been
advised in written opinion by their at
torney, Ferdinand Winter, that the pre-
llminary proceedings bad been irregular
and the work might be enJoIned by prop
erty-owners against whom an assessment
was made. The irreguiarity pointed ont
by Mr.. Winter was that the resolution did
not contain description of the territory
to be assessed. OF. at least. there was moth
ing to show that description was part
of the resolution.
City Attorney Bailey, who claimed ell the
time that the resolution was regular, yes
terday advised the board to rercind it's
action and begin the work anew, as other
Wise endless litigation might ensue.
would have accepted the contracts had
they been awarded under the proceedings
already had. believing that they would
have come out all right. but they are just
as well satisfied with the action taken by
the board. Mr.. Fulmer stated that he had
been notified by q prODerty-0wner. whose
assessment would be heavy, that he would
seek to en- DIN the work. The board will
at once readvertise for bids. and about
twenty-five days time will be lost in SO do
ing.
The board is now fully impressed with
the fact that the plan of assessing the cost
of a main sewer provided by the city char
ter is both cumbersome and costly. In
dividual notices must be served on each
pr0perty-owner affected. The assessments
must be made in the same manner con-
demnation proceedings. and when the
main ontlet OF the sewer system is built
benefited and the cost of serving notices
will amount to 80 900 or SIS, ZOO. President
Conduit thinks amendment to the char
ter should be secured as early as possible.
A committee has already been appointed to
present needed amendments to the charter
to the Legislature, and this, among other
matters, will be submitted. .