Evening star., 1896-10-26
DISTRICT GOVERNMENT.

Attorney Thomas today furnished the
Commissioners with an important opinion
touching the subject of contracts and the
power of the Commissioners to retain GER
tain moneys from the payments Of such,
until certain stipulations have been COM
piled with.
The opinion has double meaning, since
II decides another matter; one that inter-
ests q large number Of creditors Of fall
ing contractor on a District building.
Briefly, the opinion is that the Commits
sioners are authorized under the contract
to retain any moneys due falling con-
tractor, and that none Of the money due at
the time of the failure can be applied to the
payment of the completion of the building
after that time.
1t will be recalled that Building Inspector
Brady recently suspended Contractor Ca
bell from work on the Stevens school build
ing, and notified his bondsmen to complete
the work. At the time of the suspension
there was due the contractor for work al
ready performed quite neat sum OF
money. This, however, was offset by the
claims of material men and laborerS, and
Auditor Petty. appreciatfng the situation,
promptly held the payment up until these
latter claims were satisfied. In the mean
time one of the bondsmen, Mr.. A. G. Uhler,
came before the Commissioners for an I'M
derstanding. He was represented by Mr.
Samuel Maddox, who raised the question
whether, If his client completed the Job, he
would receive the full contract price for
the same. This was to include the retained
sums above referred to. At the hearing the
Commissioners were outspoken, and de-
clared that. the money rightly belonged to
the laborers and material men. The case
was finally submitted to the attorney for
the District for a legal opinion, and he
says:
Clause authorizes the Commissioners. in
the event the contractor should be sus-
pended, to retain the money due him at the
time of suspension and apply it to any in
creased cost of the work
The object of clause is to enable the
Commissioners, whenever the exigencieS
of the case demand it, to require the con-
tractor to furnish satisfactory evidence
that all persons who have done work or
furnished materials upon the building have
been paid, and II such evidence is not fur
nished to retain moneys due the contractor
until such claims should be fully satis-
fled. The contractor for the reconstruc-
tion of the Stevens school building having
been. suspended and his suretieS notified to
take up and complete the work. 1 am Of
opinion the Commissioners should retain
any money due him at the date of suspen-
sion until the work is completed. Mr..
Uhler, as one of the sureties, has the right
to take up the work and finish 1t, and
to be paid the amount required for labor
and material required by him from this
time on to the CompleuOn OIL the. DuilQlnSs
within the limits of the contract price, but
he Is not entitled to have the estimated
amount Of money due the contractor at the
date of his suspension. This Is to be re-
tanned, as hereinbefore stated. After COM
pletion of the building any balance of the
contract price will be subject to the opera
ton of clause Of the general stipula
tions and IL the matter Is not satisfac-
torily disposed of by agreement OF the par
ties the Commissioners may deposit the
fund in court and let the court distribute
it according to the rights of the parties"
Application Denied.
The excise board this morning rejected
the application of the Buena Vista Club
for retail liquor license, to take effect Oc-
tober 81.
This application has been pending for
year. The excise board was undecided
about licensing the club and without act
ing upon the original application, held up
for future consideration. At intervals of
every few days a fight would be made
against the place, but the matter dragged
along until last week. when the excise
beard ordered the representatives Of the
club to appear and show cause why the
application should not be rejected. The
Star has given the facts concerning the
hearing.
The rejection of this application is in the
shape Of a new ruling on a much-disputed
point. 1t is whether the employment of
q caterer by q bona nde club. who receives
all benefits from the sale Of liquors and
meals, Is In accordance with the purposes