The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-09-13
TALKED OVER.
We Ought to Pay Our just
Debts
THE BURDEN OF THE DISCUSSION
At the Meeting or the City Council
Judiciary Committee TO Consider

Judiciary Committee TO Consider
the Decker, Mullins a. Berry Case
The committee on judiciary of the city
council, the city attorney, and the fnan-
cial agent of the city held meeting at
the council chamber last night. to discuss
the question of appealing the Decker,
Mullins s. Berry sewer case.
The members of the committee pres
emit were Councilman Holman, Fulton
Burgess, City Attorney Tillotson and z.
@. Noel. J. D. Mcfarland represented
the Kansas National bank, A. r. Vance,
J. B. Larimer and H. J. Adams the ma
terial men who are interested in the
judgment Samuel T. Howe, president
of the bank was also present Council
man Al. G. Holman presided in the alb
sence Of the chairman of the committee,
Councilman S. B. Bradford.
Mr.. Mcfarland addressed the commit
tee and recited the history Of the case.
He said that the last jury had decided
that the city is liable for the extra work
done by the contractors under the direc-
ton of the city engineer. he said there
were only two questions of law involved
upon which the case can be appealed.
One as stated by Mr.. TiIlotson, that the
amount of the judgment exceeds the con-
tract price; and second, that the city is
not obliged to pay for extra work not
contracted for, but done by direction of
the city's agents
He said: sTbe first question cannot
be considered because the work was
done outside the contract, and that part
of the judgement is for interest to which
the statute limiting judgment to the
contract price does not apply The sec
ond question is whether the city is liable
for work done under the direction of the
city engineer and with the knowledge
of the council"
Mr.. Noel: did they do the work IN
der Mans and specificatiOnsS
Mr.. vi cFarland-"They worked under
specifications, but nothing was said about
the depth. They went to the city engi-
neer. who told them that they were to
make the sewer an average depth of
seventeen feet"
Mr.. Howe-"The first jury, as we'll as
the last, decided that the sewer was put
down deeper than the contract called for"
Mr.. Mcfarland then cited authorities
to prove that the city is liable for work
done by the direction of the city engi-
neer and acquieced in by the council
Mr.. Vance and Mr.. Larimer then told
how the material men had furnished the
material which went into the sewer.
Mr.. Noel said-''It strikes me from the
number of trials held that the city
should pay what il owes and
creditor should not be kept
out of his money. The sooner this case
is settled the better it will be for the
Cf6QlI OF the city. Inc credit OF the CITY
is at stake and we have already felt the
effect of this suit when we tried to dis
pose of city bonds. 1 believe it is the
judgment of the entire community that
this judgment should be settled as soon
as possible"
Mr.. Tillotson said-~When the first
jury brought in answers to the special
findings, l made a motion to accept the
findings of the jury, and 1 will take the
responsib ilIty of settling on that basis.
The attorneys on the other side objected
and now they say the verdict would have
amounted to 100000. We will &C
cept the findings of that Jury if
they will. If the city engineer
can order as much work done as he
pleases outside Of the contract. it takes
all protection away from the city, and
the engineer could order a new bridge
built at once. In the case of the poor
man who breaks leg and sues the city
and secures a verdict, the people say ap-
peal It, but now when bank is involved
we are advised to pay it"
Mr.. Noel: "a little over year ago
the city paid several claims involved, and
the bank. which needed the money, was
kept out of it"
Councilman Holman: THE bank agreed
to the payment of the claims"
Mr.. Howe: THE bank never agreed to
the payment of the claims"
Councilman Holman: cit was so I'M
derstOOd by the council when the claims
were allowed"
the question, but it was evident that the
promise. Another meeting will be held
aoon