The San Francisco call., 1896-10-14
DID AN ANGEL
WHISPER THE RATE
Contractor Who Had a
Sure Tip on Folsom
Granite.
Monotony of a Regents Meeting
Broken by Governor
Budd.
A SCANDAL ABOUT WAIVERS.
Judge Wallace Hears That Contrac'
tors Are to Pay the Archi.
tect'S Fees.

the proceedings The regents there were:
Timothy Guy Phelps (presiding), ]. West
Martin, Colonel G. F. Crocker, Judge Will
liam T. Wallace President Kellogg, John
E. Budd, A. s. Hallidie, Albert Miller, E.
F. Denicke, J. A. Waymire, J. B. Rein
stein, George T. Marye and Mr.. Chase OF
the State Board of Agriculture.
The president of the university was pre-
senting a request that Professor G. NJ.
Galen be allowed leave of absence for a
year without loss of pay, when the Cover
nor broke the monotony by demanding
report from the committee on buildings
and grounds. The members of this COM
mittee are J. West Martin, ]. B. Reinstein
and John E. Budd.
Regent Mar tin, as chairman of the COM
mIttee, said 1t was his turn to speak. He
occupied position at one end of the long
tab and the Governor q place at the
other end. There was momentary pause
and each glared at the other. Mr.. Martin
broke the silence by saying:
1.-THE committee has no report to
make"
Governor Budd responded:
81 have something to say. l would like
to ask Won, sir, if the contracts for the
building of the affiliated colleges have
been signedf'
J. West Martin-Two of the contracts
have been signed-one of the Ray Con-
struction Company for the granite work
and one for the carpenter work. The COM
mittee suspended work hearing that you,
sir, had declared the whole proceeding IL
legal. Regent Reinstein has possession of
the contracts.
The Governor replied with some warmth
that he had not declared the proceedings
illegal. He said: "The contracts are not
binding until the Attorney has
approved them. The time for the execu-
tion OF the contract under the agreement
with Mr., Sutro expired October 8. Now,
sir, it was published in the papers that
these contracts were signed by the COM
mittee. am member of the committee
on building and grounds by virtue of a
resolution of this board. Ny brother,
John E. Budd, is also a member. l had
no notice of the committee meeting, and
he had no notice of it. If the contracts
have not been signed the State has lost Its
right to the Sutro lot"
J. West Martin arose in his place and as
serted that the board authorized the COM
mittee to sign the contracts on the return
of the papers from Sacramento. The
usual course was followed, but the ccm-
mittee suspended action after the con-
tracts were signed.
Governor Budd-I complain that the
chairman did not notify me or my brother
of the meeting. The Budds are numerous
this year, you know.
Regent Martin-You were in the Yo-
semitic Valley.
Governor Budd-I was attending to my
duty there, and did 1t.
Regent Martini do not doubt it.
Governor Budd (Iurning to Mr.. Rein
stein)-Did not say to you in the Palace
Hotel that the chairman did not notify
me Of the meeting?
Mr.. Reinstein-There was a meeting of
this committee in my Office.
Governor Ito Secretary Bonte)-Was my
brother notified of this meeting?
Secretary Bonte looked up, but didn't
catch up.
Regent Reinstein resuming)-There
was q meeting of all the contractors and
Attorney Mhoon at my office. We sub
mitted to the Attorney-General the form
of the contract and he said it was all
right. The contracts were held by me to
investigate the responsibility of bonds
men.
Governor Budd-A regent from the
country is Just as much entitled to a no.
tice OF meeting as cityfied man is.
The Governor read from the rules re-
garding notice for meetings and held that
the meeting to consider the contracts was
illegal. II deny that the contract is
of Regents"
Regent Martin-Can it be submitted
to-day?
Governor Budd-It is too late. 1 don't
care whether the meeting was held in
Berkeley. Oakland, New York or in Rein
STEMS office, the members of the COM
mittee should have been notified.
At this stage of the proceedings Judge
Wallace intervened, saying: The only
thing that defeats the contract is the nom
observance of a rule of the board. We
should not allow our own rules to defeat q
transaction of this Importance.
Governor Budd-But the contract is not
completed. The Attorney-General has
never indorsed his approval on this con-
tract, as the law requires.
Attorney Mhoon interposed to say that
the Acknowledgement could not approve
the contract until it was executed.
Governor Budd then questioned the
right of the Regents under the law to
accept the waiver of architects fees and
the gift of DR.. Beverly Cole in order to
bring the cost of the building within the
appropriation.
Regent Martin insisted with a deal of
emphasis that the advice of the attorney
of the board had been strictly followed.
The Governor remarked that the Su-
preme Court might determine the Ques-
ton of law before the money expended.
I'VE are IN legal tangle mere that see
no way out of unless the legal acumen of
Judge Wallace can pull us through
Judge Waymlre said if Sutro did not
object to the proceedings no one else
should object.
Judge Wallace arose and aston shed the
board by this statement: Now | under
stand, as matter of fact, and I believe
the public should know the facts, that the
architect has not thrown off his fees, but
that the contractors have agreed to pay
him."
Regent Hallidie was on his feet at once.
He said: Il am getting some more light
on this case. If the architect is being
paid by the contractors the Regents are
placed in false position. 1t would be
difficult for an architect in the pay of the
contractors to perform his duty"
DR.. Beverly Cole Immediately stepped
forward and said that the contractors
were not to pay the architect. He was
responsible to the architect for the fees.
Governor Budd returned to the fray
again, asserting: while l want the
building constructed on the site selected /
do not see how it can be done in view of
these waivers and donations. | was de-
ceived and the board was deceived by the
architects as to the cost of the building.
If we had known at Sacramento of this