The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-19
THE M'MONNIES BOND
WHY NO PENALTY ATTACHES FOR
REPUTATION OF CONTRACT.
A Power of Attorney Which Presi-
dent Langsda1e surrendered be-
fore 1t Had Been Recorded.

Some surprise has been expressed at the
easy manner in which sculptor MacMonnies
repudiated his contract with the Indiana
Soldiers and Sailors Monument Commits
sion. Mr.. MacMonnies contracted with the
commission to construct the two bronze
groups representing War and Peace"
specified in the act of 1884, the commission
agreeing to pay him $4,000 for each of the
groups. When he submitted his designs 1T
was found he had substituted for the
Peace group a naval scene. This not be-
ing what the commission had contracted for.
the substitute was rejected and the COM
mission insisted ON compliance with the
contract. The law creating the Monument
Commission required that in all contracts
where the interest of the State was involved
the contractor should be required to give
bond for the faithful execution of the work
he might undertake. In the AIacMonnies
case this bond has not been perfected. In
preparing the bond brother of the sculp-
tor, who resides in Brooklyn, sent to the
Monument Commission power of attorney
authorizing the use of his name as a surety.
This power of attorney was never recorded
in this county The commission consulted
Attorney-general Ketcham in relation to the
recording power of attorney, and he
advised that 1t be done. In speaking of the
matter, yesterday the Encouragement said:
1.-THE power of attorney was brought to
me the law officer of the State to pass
upon its legality. 1t was in proper form,
and advised the president of the board to
have 1T recorded so as to show the brothers
authority to sign the contract. But, of
course, it would be possible to show that
such had been the case without this"
Does the fact that the power of attorney
Is not recorded in any way affect the con-
tract?' was asked.
1T has effect whatever. But I was
surprised when / heard that the instrument
had not been recorded. 1t would be better
for the board to have the power of attorney
in evidence in this way than to allow it to
lie around where it might become lost"
Mr.. Langsdale was asked concerning the
matter, and said:
1.-The power of attorney ought, of course,
to be recorded, but the board at every
meeting was likely to want to refer to the
instrument and as 1T would take some time
in the ordinary course of things to secure
the paper from the county recorder again,
concluded to await the completion of the
bond. knew, further, that when the board
should finally pass upon the bond the power
of attorney must be present The Attorney
general had advised to this effect. When
MacAIonnies's brother wrote and asked for
the power of attorney in order to perfect
some business in Brooklyn for his brother,
/ sent 1t to him with the understanding that
it is to be returned before the next meeting
of the board which I told him would occur
Feb. 25 and expect that it will be here
not later than Feb. 20. There is, however,
no question of the regularity of the power
of attorney, and this had nothing to do with
MacMonnies's withdrawing from. the con-
tract. If we had MacMOnnieS signed and
bonded in hundred thousand dollars. 1t
would not be wise to force the artist to I'm
dertake something that his sense of art re-
jects. 1t is the old principle of taking
horse to water. but you can't make him
drink. The sculptor, of course, could nomi-
nally fulfill the mechanical conditions of the
contract, but his art could not be purchased
or secured in that way.