St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-09

claim against the city if not for the
amount alleged. Hope this body VIII
take some steps towards etfecting a
statements" and he intimated that II
may cost the city $4,000 or $4,000 at
some future day if not disposed OF DOW.
The present members of the assembly
may not be members sixty days later.
and he suggested that people have devil
Gus ways for collecting old bills. and a
new council may vote to pay the whole
amount. He felt certain that the COM
pany has done some work and can col
lect for it.
mighty little" replied Mr.. Mccall
ferty.
MI. Banholzer understood also that
some work had been done, and he
wanted the claim referred to commit
tee for investigation. with a view to
paying an equitable proportion Of bills.
Mr.. McNamee held differently. He
took the position that the Azotine com
pany has specific contract whereby II
agrees to dispose of the garbage
by the Mertz system, and he knew
that not one pound had been
destroyed by that system during the
time for which the bills recite that the
work has been done. He disapproved
of paying dollar of the claim. MI.
McCatferty insisted upon his motion,
and, in an imprisoned speech, urged
the diSallOwance of the claim Cd the
ground that the contract had been VIC
lated and that the company has had am
pie time to establish plant for the de-
Struction OF the garbage, or since July
last, and nothing has been done to that
end. He would not consent to COM
promise of any sort, and wanted to end
the controversy then and there by dis
allowing the bill. Not a particle OF
garbage has been destroyed during all
these months and not cent OF the
claim has been earned.
Mr. Oppenheim felt that the company
might be entitled to portion or the
claim, and called for the city attorneys
opinion. Mr.. Lawler responded that
this was phase of the matter not asked
of him in the reference of the claim and
he disliked to give an otf-hand opinion.
Yet he felt that the courts would
hold the party to the con-
tract in its entirety Either the
claims are good for $1,000 month
or for nothing at ali. Thereupon Mr..
McNamee insisted that it would be an
injustice to the taxpayers of the city to
vote to pay for contract that there has
been no pretense to perform, and after
a lengthy discussion in this vein, the
monOtony being relieved now and then
by Mr.. Murray'S arguing i'll favor OF
referring the bills to Il committee with
a view to paying portion at least,
vote was taken upon allowing the
claim. Mr.. Murray alone voted aye.
Then came the report OF the joint
committee on garbage, recommending
that contract be awarded to Nicholas
Feyen, the lowest bidder. for gathering
the garbage and delivering the same 10
Henry A. FleiShmann, of the AZOtIne
company, and this, too, was doomed to
an Immediate death. Mr.. McCatferty
could not see any object i'll delivering
garbage to any one who has absolutely
no facilities for destroying it, and he
straightway introduced a resolution
rejecting all bids and postpon-
ing the matter. Upon the heels
of this he introduced two more reSolu-
tions. One iterated that Fleischmann
had neglected to carry out his contract
with the city, that contract specifically
providing that all the garbage shall be
destroyed by the Mertz system, and
therefore the contract be at once ter
minated and Cancelled. This provoked
the declaration from President Murray
that no such course can be taken with
out giving the company due notice.
I'VE will take our chances on that
part of the question" retorted Mr.. Nc
Cafferty.
The other resolution was a declaration
that the council refuses to pay the Azo-
tine company any money for the work
alleged to have been performed under
the contract, and all these resolutions
passed with the single negative vote OF
President Murray.