The morning times., 1895-07-04
Attorney Thomas Decides Against
Columbia Supply Company.
PROTEST FILED In VAIN
District Counsellor Says the Company
Had No Right TO id-Appropriation
Insufficient for Construction and
Equipment of Smallpox Hospital.
Contract withheld.

Attorney s. T. Thomas, District coun-
sellor, is of the opinion that the Columbia
Supply Company has no grounds for it's
protest against the award of the garbage
contract to Mr.. Warfield, and also states
that, in his Judgment, the Columbia Sup
ply Company exceeded its powers when
1t undertook to bid for the work of
garbage disposal
In an opinion, rendered yesterday, Mr..
Thomas says 1.-The enumeration in it's
charter of the business it was organized
to do excludes the idea that it has the
right TO do any other business. But,
independently OF this question, my opinion
is it was within the legal discretion OF
the Commi SIS toner's, under the act OF
1878, to reject any aud all bids for the
disposal of garbage"
In support of his estimate of the pow
ers Of the supply company under it's
charter, Mr.. Thomas quotes legal decis-
ons in analogous cases, as Davis VS..
-ailroad company, 131 Ma S s., 259;
Diigent Fire Company vs.. commonwealth,
70 Pa. Statute, 291, Supreme Court of
Pennsylvania; Thomas VS.. railroad com
pany, 101, U. S. I'll,
The protesting company in its COM
munication TO the Commissioners con-
cluded with the observation that under
all circumstances, this company, if it
becomes necessary, take such legal steps
as viii prevent the awarding of the con-
.ract,'' in the manner set forth, ''at
50 SEQ above the amount of their bid"
AWARD OF CONTRACT WITHHELD.
The appropriation OF S1s ,0O0 made at
the recent session OF Congress for the con-
struction of a smallpox hospital and dis
injecting pant Will not be 60 cc-=a4cnt for
the purpose, should the contract be awarded
for the building and wall on the lowest
bid received, and the Commissioners have
therefore taken no Official action upon
the proposals submitted in response TO the
advertisement.
sented in the bids, c. Thomas & Son pre-
senting the lowest figures, SIS ,341 This
was for the construction Of the main build
ing and two wings, the house for the dis
injecting plant, and the wall surrounding
the site.
Upon ascertaining the amount involved
in this construction bid Health Officer
Wood ward became convinced that there
would not be a sufficient fund left to
pay for the equipment of the hospital and
for the purchase of the very necessary dis
injecting plant. The lowest estimate
he has had for the introduction OF the
process was $4,000, and this sum added
to the cost of building construction would
leave a deficit TO the uncertain mercy OF
4 Congress. He accordingly requested the
Commissioners TO withhold the award until
he could be heard.
DR.. Woodward's absence from the city
rendersitimpossible etoascertain hsiplanscon
Cerning the matter but il is well known that
he is exceedingly anxious that the hospital
shall be of modern construction, equipment
and general facilities. Whether with the
sum available he will accomplish that object
is as yet undeveloped.
DISINFECTING PLANT NECESSARY.
The disjnfecting plant is of great con-
sequence. During the recent slight cpl
demc OF smallpox it became necessary to
borrow apparatus from the United States
government with which TO destroy the in
fected clothing and bedding, and DR..
Woodward is anxious TO have a complete
outfit for the new establishment.
1t would seem. however, based upon the
estimates Of the contractors, that there
VIII not only be too little none TO purchase
the improved apparatus desired but that
the furnishings are also unproyided for.
Commissioners Powell and TrUesdell are
both out of the city, and neither viii return
until Monday In the absence of Mai
Fieberger is acting Engineer Commissioner
DR. VIM. Tindan, secretary OF the board,
is also absent, and while he is gone Mr..
Clifford Howard acts in his stead, sign
ing the official mail.
Building permits issued yesterday: B.
A. Ryan, two dwellings, No. 1902 and 1904
Sixth street. lie Droit Park, $4,000;
James 7. Johnson, frame dwelling, Nichols
avenue, Hllsdale, S1,150: Mrs. Lewis,
frame dwelling, Benton road, $3.50.
j. w. Meade was yesterday appointed
additional private on the police force, for
duty at Belt & Dwyer's saw-mill.
Private John Darlington, of the fire de-
partment, has been promoted to the posi-
tion of assistant foreman, vice Wilson
transferred, promotion to take effect July l..
DEATH RECORD OF A DAY
Mortuary record for the twenty four
hours ending at / O'Clock yesterday:
White-M Margaret E Lybrand, ged eighty
three years; Jacob B. Caddingtou aged
fifty-nine; Isaac Boyd, aged forty seven
George Stokes, aged eight mouths; George
A ZnIer aged four months; Lucy "
Garner, aged fourteen days.
Colored-Cornelia MouIdon, aged fifty
eight years; James H Brooks, aged fifty
five; Annie West, aged fifty; Lizzie Lind
sIey, aged forty-s Elizabeth Brooks,
aged thirty four; Caroline Mead, aged
twenty -tour; cara Johus on, aged ten
months; Fred Howard, aged ten months
Kirk Edwards, aged six months; David
Williams, aged four months; Joseph Bro wn
aged five months; Harmon Murray, aged
two months; Archie Clark, aged two
months; Costello Jackson, aged seven days
William Smith, aged two hours.
OF the foregoing, twelve were infants
and five were above fifty years of age.
Steam engineers license was issued yes
terday, as follows: First-class, Michae
l. Graham; third class, George Bohlayer
w. H Malone, Albert Thomas aud F
H Hildebrand.