Evening star., 1895-08-29
STILL UNDECIDED
The Garbage Contractor Gets a
SPostponement.
BEARING BEFORE TIE COMMISSIONERS
The Contractors Protest Against
the Smith Furnace.
SOME LIVELY REM RKS

While the garbage hearing before the
Commissioners today was interesting, the
Dig tangle was not Strengthened out, and
the problem is as far from solution as it
ever was. The successful bidder. however.
gained time, and has agreed to appear next
Tuesday noon before the board and state
what he will do. Briefly, that is all the
nearing amounted to. The bidder wanted
time to further consider, and he got what
he wanted.
The meeting was called for 10 o'clock,
but the Commissioners were little late,
and it was not until 1O:45 o'clock that the
contending forces got together. Owing to
the unsettled condition of affairs. the dis
appointed garbage bidders were present in
force this morning, and their numbers
were augmented by the representatives Of
several garbage disposal systems.
Some Preliminary Statements.
Before the hearing began there was a
good deal of discussion in the board room
amcng the men with systems and the con-
tractor. Mr.. Edwin Warfield. while not the
proposed contractor Of record, but whose
interest in the matter is more than broth
erly. stated to a representative of the Dixon
system that he was willing and ready to
put in his system, IL the Commissioners
would specify that system in the contract.
This brought forth a statement from an in
terested bystander which was in effect that
If the Commissioners could be caught in
any such trap he was greatly mistaken.
No sane Commissioner. he said. would
specify in a contract a particular system,
for If upon a fair trial it proved defective.
or, on the other hand, was not properly
managed, the contractor would point to the
Commissioners and say the system was
theirs and they were responsible for its
presence.
a representative of the Columbia Supply
Company made the statement that his
company was tine lowest bidder. anyhow,
and should have been awarded the con-
tract in the first place. AS it was, the
company was still ready to undertake the
work. 1t would erect an Engel crematory
wherever the Commissioners designated,
ana guarantee its use. The company would
put 1t up for one month on trial free of
cost. and take it down if not entirely sat
isfactory.
The Hearing Opened.
The meeting was called to order at 1O:45
O'Clock. Fer a short time the three Com
missioners conferred together. Commits
sioners Truesdell and Powell were explain
ing the status. of the case and briefly re-
hearsed the proceedings of Tuesday. The
attorney for, the District and the health
officer were sent for. and then the hearing
proceeded.
Mr. Henry AE Davis, counsel for Mr.
Wariield, opened the discussion. He reiter-
ated for the benefit of Commissioner Ross
who was absent at the last hearing. the
position cf the proposed contractor. TAX
read the section referring to the collection
and disposal .5of garbage The law was
silent, he said. regarding penalties in case
a bidder refused to enter into contract.
Referring to the penalty clause, which pro-
vides for the forfeiture of the deposit put
up to insure good faith. he said it was
manifest that up to the time of signing the
contract the whole matter was one of
treaty, Il. the contract is submitted in
proper form. ,and then the successful bid
der refuses to sign, the Commissioners may
forfeit the $1,000 deposit; but there the
matter ended. They had no right, he
thought, to relet the contract and charge
the difference In cost against him. The
Commissioners could rot he claimed, re-
quire Mr.. Warfield to experiment with two
or three systems, neither could they COM
pei him to put in certain system and
then take 1t out If 1t did not work. If the
Commissioners had the right to compel a
certain system, the bidder could demur and
refuse to sign the contract.
The attitude of the Commissioners was
simply this: They had inspected certain
systems and notified the bidder to take one
thought he had the right as the affected
party to propose a system and have 1t in
vestigated. He was unwilling to enter into
a contract that provided for the use of
ror would he enter into a contract which
prescribed a system the choice of which he
had nothing to do with. The contract was
rot in proper form. 1t was in the alterna-
tive and not contract for specific meth
cd Of disposal. 1t is the right of the con-
tractor to know what he is going to use in
the way of system for disposal.
Another Question.
Mr. Truesdell asked if it was correct that
the bidder would refuse to sign the contract
il the Commissioners insisted upon the
Smith system.
Mr. Davis replied that that was not the
question under consideration, but for the
sake of saving time he would answer en-
phatically no. If the Commissioners were
to draw a contract and stipulate the Smith
system it would present another question
which would be met when the time came.
If the Commissioners are willing to with
draw the present bid, then he would be
open to consider the new case.
Commissioner Ross said that it was Gus
tomary for the Commissioners to put in
contracts just such clauses as Mr. War
field objected to.
Mr.. Wnrfield's Suggestion.
Mr.. Edwin Warfield thereupon cited the
case of the building of public building in
Baltimore, in which 1t was stipulated that
Woodstock granite or some other accept
able to the commissioners of public build
iEgs was to be used. The contractor
promptly refused to enter into contract
unless the particular granite to be used
was specified, and the Fidelity company
refused to underwrite the contractor unless
the particular kind of granite was speci-
fled. The commissioners yielded. 1t was
a similar case.
Commissioner Truesdell said the Commits
sioners did not claim that they had the
right to select any number of systems and
compel the contractor to put them in.
They had the right to select from the
whole field such system or systems as
may be suitable to them, and had the right
to make one selection after the contract
was signed. The Commissioners had no
right, said Mr.. Truesdell to give up the
rights of the District and waive any of
the advantage. they might have by reason
of Mr.. Warficld's bid.
The sub5ecti'of proper systems for dis
POSING of. garbage was in the inventive
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u Il
The Reason For Advertising.