The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-10
County Attorney Called Upon by
School Trustees in the High
School Matter.
Architect paulsen Reports That
Certain Portions Of the Agree
ment Were Broken.
Grant & whalen say They viii Protect
Their Interests-Proposal to Glvo
the Dlatrict More Money.

- WIS., ~ AAss ~ bkAp 1
members and in addition Mr.. PAulaen and
Contractor Grant were present. Before the
meeting closed County Attorney Nolan came
in, listened to the proceedings. and gave. in
An informal WY, his opinion on certain
lnooted points. Before Mr.. Paulsen mads
his report Chairman Fitzpatrick read n com
munioation from Clerk of the Board Ellis,
in which the latter rendered his resignation.
Immediately on the conclusion Of the read
ing Mr.. Cans moved that it be laid on the
table. Mi. Guthrie %seconding il. Mr..
Jockey said he knew of no reason why Mr..
Ellis should resign. and he did not believe
the board should accept his resignation,
unless the clerk was tired Of the work.
Chairman Fitzpatrick also favored laying
the communication ON the table, saying
that Mr.. Ellis had filled his office in 4 most
acceptable manner, kept the books faith
fully. and he thought il the board accepted
the resignation it would cast an unjust re
Election on the clerk.
In reply to q question Mr.. Ellis said he
had handed in his resignation because he
Thought some of the trustees might want
it. lie was not anxious to resign, but hs
did 80 to save the members Of the board
any emba, rassnent. ''Ihe matters that
were the subject Of the grand jury's report,
and which came before the district court"
he continued, were technical questions,
and ! do not think that I have done any
thing to merit the loss Of the confidence or
respect Of any man. The resignation was
then by y unanimous vote laid o. the table,
and Mr.. Ellis will continue to act as clerk
Of the board, at least until hls term expires
next month. #+
Architect Paulsen then presented q writ
ten report in regard to the steam heating
and ventilatinR contract Of the Helena
latine to work done on the high school
building. He reported that the
plant was in the building, in appar-
rent good order, and he recon-
mended that the contractors be paid
all the money due them up to $500, the lat
ter to be held by the board until the entire
completion and acceptance OF the work.
The contractors in q communication to the
board, asked that they ba allowed all the
money coming to them, less $500, they
binding themselves and %sureties to COM
plete tbs contract when called upon to do
up to cate as the incomplete condition OF
the building will permit. This report of
the architect WAS accepted. and the money
due the contractors, less $500. will beRpaid.
Mr.. Paulsen then presented the follow
ing, showing the status OF the contest be-
tween the board and Contractors Whalen
q Grant:
/ have proceeded as per your request OF
March 4th, and served notice Upon Messrs.
Whalen g. Grant on March 6, Z, 8, and have
tion from them, together with the key to
the building. y
By inspection of the latter | find that
there has undoubtedly been work per-
formed which is not included in your state
ment rendered. and for which the con-
kroo &o.c - IL o,,1 II 1o;,,> o;1-.r,,1 =. Il NM.
wise said contractors must have been over
paid, rs they are only entitled to IS per
cent of their contract price. and 1t will
take about the balance stated to complete
the building.
notwithstanding this. and taking Messrs.
Whalen d Grants statement partly for
granted, ! do not see any reason why said
contractors should haRe failed to proceed
with "promptness andi diligence" in filling
their original contract This they neg
lected to do. for the mill work and the en-
tire quantity of tiling,5t required are not
upon the ground and have not yet been
ordered from the manufacturers.
The delay III the completion of the en-
tire building ia not to be excused on &C.
count Of differences regarding extra work
which they may have with the board of
school trustees. Because of the differences
referred to all operations are suspended,
the public deprived of the use Of the build
ing, and, aB matters now stund, for an APP
parently indefinite period.
The differences which now unfortunately
exist between the PARTIES had their source
when the requirements of paragraph 3 of
the contract were departed from: and it
will perhaps not TO profitable to inquire
into the relative degree of responsibility, as
both the parties contributed to the depar-
ture. Recourse should be had as promptly
rs possible to the letter and spirit of tho
contract, that the future dealings between
the parties be conducted in strict compli-
ance with its terms. To this end | would
suggest "a fair and reasonable valuation
for the work added or omitted" be arrived
at in the manner and form prescribed by
the paragraph mentioned.
Acting in this spirit, all just com plaint
will be removed, and -FOUR board will be in
u position to insist upon the observance in
all other respects of the terms, conditions
and provisions of the contract.
For the purpose of ensbling your board
to avail yourselves of the PROVISIONS of pat
hgraph II of the contract.
I hereby certify that the contractors have
refused and neglected to supply Il suf-
ficienoy of properly skilled workmen and of
materials, and that they have also faiIed to
prosecute the work with promptness and
diligence.
The communication from Whalen g.
Grant, referred to in the above. was dated
March 7, and IS az follows:
We are in receipt of YOU communication
Ol Tue otA luSI., III winch YOU ADVISE us
that you have visited the Helena high
school building, for the erection of which
we have the contract, and that you find
that we have closed the building and are
not proceeding with it's construction; and
that we have not made proper preparations
for the progress of the work.
You also notify uB TO proceed with the
construction of the building with prompt
ness and diligence.
You say that should wa fnil inter receiv-
ing three days written notice as requested.
that you will be obliged to certify to the
board of trustees our action, and that tho
trustees will thereupon be Mt liberty to pro-
ceou as stated Ill paragraph tn Give, of our
original CONT act entoi eli ulon between us
and the board.
In response VIC most respectfully beg
leave to shy that it has been our intention
to fully comply with all contracts and
agreements with the school board in the
construction of the school building, and
are still ready, willing and anxious to do
30. but we think NO only ask the simplest
Justice when we insist that the bon d COM
ply with it's contracts with us
You speak of ''our original cont act
thereby implying and admitting that some
other contract or coutracta have been made,
and before resorting to the extreme meas
ures provided for III section twelve ot the
original contract it perhaps would DO we'll
to inquire whether 1t il not true that tho
many changes, alterations and additions to
the building that have hsen made from the
very beginning. aud hlso tho additional
agreements, oral and otherwise, which awe
hnaD anf1, .,n ,,~ - frnt 4 la ,s-t,A. - 49,.