The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-10-12

%I(lsasssa-J nlsh' iOr the purpose
...ysyC q 5al of hearing tho report
& of the committee as to
HEf-tAR what is had done in
regard to putting in the plant. Chairman
James said that the idea lad been to award
the contract for the works at the last meeting
of Council but several of the Councilmen did
not feel warranted in doing so because there
wasn't a scrap of paper or a figure to show
what the committee had done during it's
whole existence and lie didn't think it fair
to ask Council to do anything without first
giving it chance to know what had been
done.
NJ. E, Doyle, secretary of the joint com
mittee, stated that the last meeting of the
committee ended very abruptly, some of the
members wishing to throw the eutire respon-
sibility Of awarding the contract upon the
Borough Council, which he thought was en-
tirely wrong. He said the committee could
not make a formal report at present as it
would require considerable work to go over
all the committee had done and make up
statement of the expenditures.
Chairman James said that Council did not
know what the bids were, yet it was sup
posed to award a contract without knowing
whether the works were to cost $4,000 or
100000 and without a figure or the scratch
of pen from the joint committee
]. ]. Franey said that he, as member of
the joint committee, did not wish to shirl1
any responsibility. That the reason report
could not be made was that the three bid
ders had failed to put in itemized bids as re-
quested
MIR, James wanted to know the bids in and
Secretary Doyle announced them as follows
Quinn and Kerns, Pottsville, $946 A. II.
CoOns, Kingston, $86,9soj Riebe, Lansford,
$S8,s9O.
1t was stated that since these bids had been
submitted the committee had decided upon
several alterations among them the substitu-
tion Of steel piping where cast iron piping
was intended. The subject of changes pre-
cipitated long and tiresome argument.
The discussion eventually drifted to
queries concerning the situation of the cases
in court and Solicitor Pomeroy stated that he
had asked the court to fix time for argu-
ment on the sufficiency of the bonds filed by
the borough to take possession of the Torbert
and Girard Estate lands.
Mr., Franey asked if that was the only
question in court and Solicitor Pomeroy said,
" No, you will have a good many questions at
issue before you begin to build these water
works"
Subsequently Solicitor Pomeroy said, eve
are in this position have doubt at all but
we can proceed at once. We have the power
to commence the construction of these
works, but we have at the present time rule
pending for an injunction We are not en-
ioined however, but there is rule pending
We have filed two bonds, one III favor Of Mr..
Torbert and the other in favor of the Girard
Estate, for such land as we shall require for
the construction of dam and for laying
pipe. Exceptions have been taken to both
bonds. The rule for the injunction is pend
ing. Now, if this Council is prepared to
assume that we are absolutely right; that we
can proceed and construct these water works,
and that we shall not be stopped by iniunc-
tioni or, otherwise, we can make contract.
But suppose we are not right, then where is
the borough Of Shenandoah placed2 You are
placed in the position of having made con
tract and, without fault on the part of the
borough, you are unable to fulfil it. A con-
tract is contract and if there is any breach
Of the contract we are liable. As | said at
our last meeting, can this borough afford to
proceed and make a contract and proceed to
construct these water works until all these
preliminary questions have been determined?
If we are right all the way through we can
60 ahead, but suppose we cannot, and l am
not prepared to say we can, until these pre-
liminary questions are gotten rid Of"
John #. Higgins wanted 20 know the
cause of the delay in court and Mr.. Pomeroy
answered, In the first place the court Of