The morning call., 1894-05-12
LAYDON CONTRACT
Supervisor p. F. DundOn
Is EXOnerated.
Attorney Clunie's EpistIe to the
Mayor Indefinitely Shelved
by the Board.

The Board of Supervisors held an investiga-
tion yesterday In the matter OF the DARBY
LaydOn contract 10 repair Spear street, 10
which Mayor ElIert called the attention OF the
board as being void for the reason that Super
visor Dundon was M mber OF the firm.
The investigation was held at The personal
request of Supervisor Dundon. He was pres.
ent with his attorney, A. j. Clune, and de-
clined to participate in the proceedings, but
asked as a courtesy 10 him that his counsel be
heard in his behalf.
There was considerable discussion Oh this
point, Supervisors Rogers, Stanton and Den
man holding that the matter was purely legal
question. Supervisor Day and others held that
IL was no more than fair. Attorney Clunie
went into a history of the contract, and con-
tended that, as Darby Laydon had contracted
with the Mayor, and not the board. supervisor
Dundon dd not come within The prohibition of
the law as regards an interested party.
Lawyer Clunie had not proceeded far when
he made some alus0n TO The Mayors COM
munlcation which called from Mayor Ellert the
remark that the speaker was stating what was
not true.
did not desire 10 be called liar by The Mayor.
Everything was confusion fof a few moments.
The Mayor raped vigorously with his gaveL
and as Clunie continued IN the same strain the
Mayor ordered polio man TO lake him into
custody II he lid not cease.
After this CluDe resumed his remarks on the
contract and held that even II Ii were true that
DunuOn was interested in the contract under
another section of the code the contract was
merely yoidable and could be sustained by the
board. He said 1t could be proved that the
contract was a good one, that II was for he
b. ne ft of the city, and that the work, which is
we'll and cheaply done. Is nearly completed.
He sd III that certain reflections had been cast
upon Supervisor Dundon, who was blameless
In The matter. and he desired his thorough vim
dicatioD.
Supervisor Rogers said that jthe boardlwas
willing to admit all these facts, aud that there
was n necessity for an inve stiga ion.
A long discussion was had on that point, and
Supervisor James moved the adop ion OF a res
olution which provided that the hoard coin
eide with the Mayor; that Supervisor Dundon
be completely eXonerafed from all blame; that
the work Is good thing ana a beneht TO the
city, and that wien completed and the bill
presented Ii should be paid.
that Mayor Eilert be eXonerated from all charge
of malice or oppression In ofilce, aud that The
board declare lie had acted In all falrn ess and
In full line with the discharge OF his duty.
The resolution as amended was carried.
Mayor ElerI drew from his pocket the letter
which Attorney Clunie sent him several days
ago about being responsible for 100000 TO The
civ Tor having audlted demands as chairman
OF The Finance Committee. The Mayor said
that as president of The board the letter af-
fected him, and as IL was part OF the Dundon
controversy should be acted upon.
AT this statement Attorney Clunie jumped to
his feet and wanted TO be heard.
''You cannot be heard now," said The Mayor
'Sit down, sir"
81 Will be heard.'
''Sit down, SIR" said the Mayor. and Clunie
sat down.
The board paid no attention to the communi-
cation. and testified TO It's Importance by iIume-
diately placing it on 1le.