The evening times., 1895-08-29
THEY RAISE A POINT OF LAW
Another Hearing Given by the Com
missioners, w hich Opens Upa New
dell and Mr.. Jeffords Have an I'm
standing About the Matter

| law, De duopteu.
Mr.. Jefforis was asked by Times re
porter rs to the grounds thecontention, ant
said: -
| "why, is it TO be supposed. after a bid
| which, under the terms OF the advertise
ment. specifies certain system for. dis
| posal of garbage, has been accepted, that
any body of men can sit here and make
q new regulation TO govern the contract!
| The Commissioners. or No other body un-
| der similar circumstances. can chan &c
| one jot or little Of a conirc>ct based upoI
a fair understanding lIade before its
execution, and Attorney Thomas will,
| am sure, SO advise"
The Dixon Crematory Company was repre-
sented by its general manager, ex-Statt
| Senator ID. Joy, OF Ohio; Gen. S. S. Yoder,
E. ]. Tottcn and Attorney Andrew Wilson
There We're present, also, Messrs. Edwood
| and Joshua Warfield, with their attorney,
Mr.. II. E. Davis; Attorney S. T. Thomas,
for the Commissioners, and Health Officer
II. c. Woodward, besides an agent of the
Columbia Supply Company, one of the
competitors for the garbage contract.
The Smith Crematory Company was also
present, and from the appearances OF things
at the opening, there was every evidence
thata hot fight was in progress.
FULLBOARD PRESENT.
The full board was present, Presiden,
Ross having returned to the city yester
day. The board room had the aspect o|
an equity court with an intensely interest
ing. suit under consideration. 1t was, OF
course, understood in advance that either
the Dixon or the Brown system would be
acceptable TO the recognized contractor.
Attorney Davis opened the case by q
reiteration of the presentation made in
behalf of Mr.. Warfield at the previous
hearing He stated the determination OF
Mr.. Warfield TO defend his interests, and
said he was very clear in his own mind 4 S
to the rights of his client under the terms
of the bid submitted.
The Commissioners, he said, had been
stigating numerous methods, and one
of these methods should have been agreed
upon by consultation, and such as ma have
been selected by mutual consent, as the
best, should have been inserted.
The contractor is not willing, Mr.. Davis
explained, to accept a contract which will
oblige him TO introduce system which
was well undcrctood to be Objectionable,
and that would not give satisfaction.
You also take the grounds, Mr.. Davis,
as I understand you, that the system Sc
lected must be acceptable to you aud ac-
cepted BY the Commissioners" asked Col.
TrUesdeli.
An inquiry by President Ross as to the
nature of the query was interrupted by
Mr.. Davis, who said:
ITO save you any trouble, gentlemen,
1 shall say to you that we will not
sign any such contract" with emphasis
upon the negative proposition.
COL. TRUESDELL'S DEFENSE.
After q good deal Of diecussion, Col.
Truesdell said:
Whatever may be our legal rights
under the terms of the bid we disclaim
here any intention or right To require re-
peated changes in the system. II we shall
require the Smith system to be introduced
We should have no right to have it taken
out in a month or two months; We do not
claim such privilege.
When objection was made 10 the Smith
systcm, Col Truofdcll said:
"The time selected for the execution
of the contract was fixed by the contractor
himself. If, az stated ON the 27th, you
have made no examination of the Smith
system, you have certainly been very neg
ligent''
Mr.. Edward Warfield here interposed
and. with emphasis, exclaimed:
''Now, Mr.. Truesdell, you know as well
as you know that you are sitting in that
chair that We have used every effort to
investigate systems My brothers repre-
sentative went with your health officer
IN varinuS nniDfs N a III a COuti
about the proposed processes. We were
not invited to go with you when you
made your visit TO Philadelphia. and the
very day you went away my brother had
an appointment with you to inspect an
other method
Your statement is unfair, Mr.. warfield;
had either of your representatives been here
he would have been invited to go, but it
certainly would not have been necessary,
since you admit that n representative
of your brother went with the health officer
to examine those very plants"
1t wassoon brought out that Edwa I'd War
field had some time ago admitted that un-
less certain changes were made in the
contract it would not be signed, and that
rather than sign it without change, the con-
tractor would prefer to forfeit the So 900
deposit.
THEY WILL GIVE BOND.
Mr.. Byers, for the Smith system, said in
to a query that his company would
give ample bond that the crematory will
give satisfaction.
Here is where the new phase came in. Mr..
Jeffords addressed the board, stating the
grounds of tie Dixon people. He entered
into an argument to show that by the terms
Of the bid they could not ignore or leave out
The Dixon process, but before he could
Commissioner Truesdell saidit was
not intended to omit the Dixon, and Mr.. JEFF
lords concluded with expressing his thanks.
The query now is what is smeant by leaving
lut that system. The Commissioners viii