The Bessemer indicator., 1893-12-30
RIGHT ON DECK.
1t is Bessemer VS. the Bullens.
A special meeting. an ali round dis.
eussion and an agreement to dis
agIee-The demurrage to be held
BY the town All ready for the
courts,

'PSSy anu httorhey LenuarC
were on hand "Wednesday night to con
Ter with the Bullen Bridge Co. l..
special session regarding the penalty
due the city for overtime in the con
struction of the viaduct.
Manager j. A. Bullen was the soiitar,
representative of the company and
great was the disappointment when il
was seen that his attorney was not IL
attendance, for it was understood tina
John Waldron was to be there to bluff
the council; but Mr. Waldroa didn'
come. If he had he would have rur
against very solid and very sub
stantial body of men who knew theil
duty and were determined to do it.
On motion of Aid. jackson the
minutes of the previous meeting were
dispensed with and Mayor Dempsey
opened the ball by saying that the
council was at the pleasure of Mr..
Bullep and would listen to what he had
to say.
Mr.. Bullen was evidently discon-
certed. he being unassisted by any one.
and as the discussion grew hot it re
minded one of a dog and badger picnic.
He stated that he had consulted an
attorney and was acting entirely on his
advice. He believed that the councils
sole objection to the viaduct was delay
in its construction, and the question
was. were they uhe Bridge Coz justified
IN the delayY He was sure they were;
had they not the best of reasons for
not having finished the structure on
time they would have come before the
council and asked for an extsenion of
time; but no. they were acting in good
faith and had used due diligence he
had made two trips to Chicago on
purpose to see about material. They
were behind to some little extent (61
days. but he hoped the council would
see the justice of paying up in full
since the delays were unavoidable and
he could show how the material was
sidetracked in its transportation. The
city. he maintained. was to have put in
the sub structure and they were de-
layed by waiting for it. II the city was
to be contrary he would charge it up
with twelve extra piles. Even If the
case went to the court the town would
have to prove how much it was
damaged.
Attorney Lennard took exception to
this and said that he would differ from
Mr. Bullen. The town would be gov
erned by the terms of the contract.
Aid. Fisher denied that the town
was to put in the piles and called for
the reading of the contract Clerk
Johnston read contract which stated
plainly enough that the Bridge Co. was
to furnish all piles. the aprons, etc.
Aid. Martin inquired If there were
not only four piles in the middle at
either end. the ether two being posts,
and Mr.. Bullen said yes.
Aid. Jackson said the council was
governed by the contract and did not
have to place sub structure. To this
Mr.. Bullen replied. Gentlemen, you
are so badly mistaken you havn't got u
leg to stand on. We had nothing to do
with the sub structure"
Aid. Jackson argued his point from
the contract while being frequently in
terrupted by MIR. Bullen with such re-
marks as mo use to argue this" The
courts will settle the matter" etc.
Aid. Leithead assisted Jackson and
said the Bridge Co had to put in the
sub-structure for its own convenience.
There was an all ronnd fusillade at
this point in which all the aldermen
had something to say
Mr.. Bullen declared excitedly that
the thing would go to the court and
that the town would be knocked higher
than Gilroy's kite. Why" he ex-
claimed, II am surprised at you gentle
men. John Waldron looks at this
question In different light altogether
from what yon do" To which queer
and undeniable assertion Attorney Len.
nard remarked with twinkle of fun
in his eye. "Well, don't you pay John
Waldron for such advicef" and then
everybody smiled.
Aid. Kirk said that the council held
the special meeting to give the Bullens
q chance to show why they had not
completed the via,iuct on time. and
they had offered no good reasons;
therefore the former action Of the
council in Withholding dsmurrage was
all right.
Mayor Dempsey suggested that the
council accept the viaduc, and
tender tho Bullen Bridge Co.
the difference between the demur-
rage and the amount yet claimed by
the company under the contract. d. 800.
This was incorporated into motion
by Aid. Kirk and the penalty question
referred to committee ON public works.
the mayor and attorney. and to bring
in report at next council meeting.
Carried.
Mr. Bullsn left the room saying that
the question would be placed in tho
hands Of his attorney before the next
mssting Of tAs coancii However. the
council isA't - - ffightsned and will