The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-01-23

/ tee the COMMISSION Dellef in the urgent
necessity of Legislation concerning these
| questions and also to prevent, so far as
| possible, the dangers of grade crossings.
In regard to the question of safety coup
| lers for freight trains, Mr.. Mortland sug-
gested no legislation, believing that such
action by single state would be of lit
tie or no avail. He thought that instead
of it, reso We to be sent to the National
| Congress might be of value as express
sive of the legislat res opinion ON this
| subject, the resolve stating that the
| Maine legislature believed that Congress
| should require Interstate NV Fs to adopt
| some uniform system of ssa couplers
| for freight trains. ..,ss
Those Jtate House Chimneys,
The committee on claims will proba-
| bly, report favorably upon the bill of
Booth Bros. and the Hurricane Granite
Company for compensation for con-
structing chimneys on the addition to
| the State House, the chimneys not being
| included in the contract. When the con-
| tracts were let on the addition, Booth
Bros. and the Hurricane Company were
| awarded that for the exterior granite
work, NJ, @. Foster of Waterville having
| the contract for the remainder of the
work. Mr.. W. S. White, who represent
| ed Booth Bros. and the Hurricane people
| told the claims committee tha when he
| fignred on the work he was shown the
| exterior plans, which were made part
| of his contract. Those plans showed
| four huge stacks of chimneys, and one
small chimney. When the work was
nearly c. mpleted, Mr.. White learned
that he was expected to construct three
other large chimneys. Mr.. White noti-
fed Brigham & Spofford of Boston, the
architects, that these three chimneys
were not shown on the plans in his con-
tract and he should expect compensa-
ton therefor. The local architect in
charge of the work told
Mr.. White to go ahead and the chimneys
were built. At that time Mr.. White was
behind on his contract, being unable to
get stone promptly for the granite
cornices. For this delay. 43 days in all,
he forfeited $50 a. day, $2250 which was
deducted from his contract price and
paid to Mr.. Foster in settlement of a
claim he made that the delay in finishing
the granite work had damaged him by
delaying work on his contracts. Mr..
Fosters original claim was over $4,000.
Now when settlement was attempted,
L.
allow Mr.. Whites bill for the three
chimneys, claiming that if Mr.. White
had examined the interior plans he
would have found the missing .chimneys.
Mr. White replied that those plans were
not part of his contract. He claimed
that all the chimneys should have been
shown eltherron the drawings submitted
to him or by memoranda. Whites
contract provided that in disputes con-
cerning the!work, the architects decis-
ion being just and impartial, = should
govern. Mr.. Spofford, according to
statements of the witnesses at the hear
ing the other day, insisted that he was
right but as the chimneys were there
and hadn't been paid for, heswas willing
to endorse MI. Whites claim, provided
Mr.. White admitted that the architects
were right and the contractor should.
have found out in some way that the
chfmneys were to be puitt. This Mr..
White eclined to do. Under these cir
cumstances, the state house commission
declined to pay Mr.. Whites bill but said
they would appear before committee
OF the legislature and advocate the just
ness of his claim. The matter would
have had to come before the legislature
any way, as at that time the commission
had spent all its money.
At the hearing before the committee
on claims the other day, Mr.. Macomber
of the commission testified to these
things Ex-Gov. Burleigh, who was ill,
sent a letter saying he regarded it as just
claim as was ever presented to the
legislature, and Hon. Henry Ingalls, of
Wiscasset sent word to the same effect.
Hon. Charles E. Littlefield represented
the claimants and pointed out that the
clause in the contract declaring that the
architects decision ''being just and i'm
partial" should be final, while it might
be all right in disputes between contrac-
tors was absurd in case like this. No
man, however, good his Intentions, could
be ssjust and impartial when the cor
rectness of his own position was called
in question. The claim is for 81, 1909, in
Guiding interest.
Heard in the Lobby.
The committee on legal affairs will
give hearings January Goth on the matter
of the protection of the labels of labor
unions and January 31st on the petitions
to prohibit Sunday excursions.
The Cumberland county commission
ers later in the session will ask authority
to assess tax to provide funds for wild
ening the draw of Portland bridge. The
draw. being over tide water, and made
quate to the demands of commerce at
that point must be enlarged.
The judiciary committee has ordered
favorable report on the bill to give to
married women the same rights as guar
dians of the minor children that the stat.
utes now extend to unmarried women.
The same committee will report favora-
bly the bill to simplify probate court
proceedings.
Members of thu committee who have
returned from visit to the Gorham Nor
NAL School, report that institution in
fourishing condi ion.
The finance committee is preparing the
first appropriation bill. The amount is
about ST, 100000 composed entirely of
fixed charges. This is an increase of
S235, 900 over last sessions bill.
THE LATEST FROM BLAINE.