The Helena independent., 1893-06-15
What "Cut Stone" Il Under tho
Montana stoneoutters'
Union Rules.
Trustees Deny Amy Waiver by Thorn oi
the Contract Requiring Avohitsors
Values to Govern.

The school house case dragged along yes
weeks to come. Tho forenoon was con-
sumed In sliciting from the witness Cum.
ming the differences. IL any exist, between
tho stone work required by the speoiaoa tions
and plans used by the bidding contractors
and the actual alleged stone work Of the
school house building. This involved
searching questions into the various kinds
Of ubble and rsR-rustic stone work. Com
parisons vera made between the stone work
Of tho synagogue and tho school house and
photographs handed TO the witnesses 10
compare. Jensen, . practical stonscuttsS.
testified that by the Montana stonscuttesS
union rules every pieos Of granite to which
hammer and chisel was PUT come under
tbs head OF "eut stone" He farther swore
that the specifications called for rubbls
stone work and hs regarded the walls % all
cut stone and "any thing but rubble." Both
sides agreed 40 TO how stone work should bs
measured. the system being shat msasufs-
ments should include all openings, and oil
corners should b doubled. There IL q
highly ornsmsntal drawing npon an easel
before tho Jury. The pioturs was referred
TO by Nj. Wallace % drawing OF the
school house, but Mr.. Walsh. for the
board. objected TO its being used as part Of
shs plans until identified % such. The
court said that the objection WAS we'll
taken. but that photograph or picture
might be employed BY ths experts TO Illus.
trate their testimony concerning the
various kinds Of stonswork, aud for such
pu poses alone the picture might be re-
ferred to-
alleging waiver OF all clauses OF the con.
tract requiring architects values to govern.
Defendants have denied any waiver, and
upon this important matter issue 10 squarsly
drawn. BY the law 10 expounded. unless
tho contractors prove the waiver. thsir case
fs until . they hey :Sasss .Saa MI ,s,.S I.
abide BY them. The PLAINTIFF remain in
court continually. The old school board
is represented BY r. II. Howey. Dr.. g. b.
Miller and r. @. Gilpatrick. and the pres.
cnt board by Chairman Lanohorns.
Tho eros. exam sasminasion Of the witness
Hunt suggested that he be Withdrawn from
the stand and some other witness called
who would answer intelligently a. to the
cost Of drilling hole In stone. In reply
TO questions BY Col. Nolan before his with
drawal was suggested Jensen said the cost
day than by contract. The testimony was
as to the cost of drilling holes for the hand
railway on the front steps Of the building
and for the railing around the area. Jsn-
sen could not give any definite figures - to
tho cost whom Col. Nolan would refer TO
particular stone. He said the grain OF the
granite would sometimes cut . figure in the
calculation of the cost. sometimes the hole
might bs made with one drill, and then
again u might require twenty
drills. After repeated questions
for the purpose Of getting at
the cost Col. Nolan gave IL up. Judge
Hunt then took tho witness In hand and
put = question to him. He asked Jenson
what an honest man who wanted to do
what was right by himself and his en-
ioyer would charge in an ordinary case.
Jenson said he could not answer. He was
further examined as to tho cost of drilling
holes into stones for the purpose Of hoist
ing them on to building He consulted
his msmor andum book and replied that for
half inch hole il would be 15 cents for
each inch in depth.
The testimony Of Cumming yesterday
was directed chiefly to ths character of tho
outside stone work, and Was to the effect
that tho work was different and muoh more
expenHive than that called for by the spsoi-
foatlons. ~
Cumming and Jenaon ars the only wit
nesses who have been examined 10 far in
the case. ,.-,-.+.-.,-