The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-12
ITY IN A PAVING CON-
TRACT.
BLOCK OF PAVING WAS LAID,
THE CONTRACT FOE WHICH HAD
NOT BEEN COUNTERSIGNED
BY HIM.
HE SAYS SOMEBODY PUT 1T DOWN,
But He Doesn't Officially Know
That 1t WAS Hennessy & Cox
Facts I'm the Case.

City Comptroller McCardy is about
to raise a rumpus. HennesSy & Cox
paved one block of Tenth street from
WabaSha street to ST. Peter street
with asphalt, without having any con-
tract with the city to perform the work
After the job had been completed, the
contractors discovered the oversight
and submitted the contract which had
been signed by them and the president
Of the board of public works, to the
city comptroller for his countersigna-
ture. McCardy considered the trans
action little irregular and up to date
he has not countersigned the contract.
1t all happened in this way. After the
contract had been awarded to Hen
messy & Cox for paving Tenth street
with asphalt from Wabasha, to st.
Peter street, and the common council
had confirmed the award, the board of
public works instructed the corpora
ton attorney to prepare the contract
This was done and in the course of
time the instrument was signed by the
president of the board Of public works
and the contractors Then it should
have been transmitted to the city comp
troller for his countersignature with
out which no contract with the city be-
comes contract. But through some
lnadvertence or oversight, the instru-
ment was mislaid and never reached
the comptroller until a few days ago
In the meantime. however, Hennessy
q Cox took possession of the street be-
tween WabaSha and ST. Peter streets
and receiving from the city engineers
department the grades and stakes, pro-
ceeded to tear up the old wooden pave
ment and lay the asphalt pavement.
AS the job was small one, amounting
to only about 81 $780, the contractors
cIrf 11cr DO a;+
furnish them with the estimate for the
entire sum due. When they came to
this stage, they made the startling dis
coVery that the contract had never
| been countersigned by Mr. McCardy
Accordingly, after finding it, they took
it to McCardy for his signature, but
he shook his head and wrote a COM
munication to the board of public
| works.
In that communication Comptroller
McCardy called the attention of the
board to the little oversight, adding,
that while there was no contract in ex-
1stence calling for the performance Of
the work in question, Tenth street had
IN the meantime, been paved by some
bcdy. Who paved it, by whose au-
thority it was paved, the comptroller
did not have any official knowledge.
Hence the comptroller desired infor-
board of public works.
Comptroller McCardy takes the posi-
ton that the city engineer must salts
fy himself that a contract has been
duly executed, that is to say, counter
signed by the city comptroller before
he allows any contractor to begin work
for the city and before he furnishes
the stakes and grades to be observed
in performing the work. The comp
troiier says that the city engineer has
| been frequently notified that he must
ascertain whether a contract has been
countersigned before he allows the con-
tractor to proceed.
With reference to the case in point,
City Engineer Rundlett says that the
contractors Hennessy & Cox, were act
ualiy at work on Tenth street tearing
up the wooden pavement before he
knew Of it. At about the same time.
the contractor was laying new wood
en- pavement on the other block of Tenth
street, extending from Wabasha and
Cedar street. The latter contract had
been duly executed and countersigned.
and the contractor had been given
possession of the block 1t was sup
posed that the contract for the paving
Of the block between Wabasha and
st Peter street had also been counter
signed and when the engineer ascer-
tanned that Hennessy & Cox had begun
the work, no move was made to stop
the work in order to see whether the
comptroller had countersigned the con-
tract
"As matter Of fact" said Mr.. Will
son, Of the city engineers office, who
had charge of the improvement, ''the
job was such a small one and the prop
erty owners were so anxious to have 1t
completed as soon as possible, that
we were naturally gratified to see the
work proceed to completion. The con-
tract does not amount to much more
than 81, 800. The work is done now,
much to the satisfaction Of all inter-
ested parties and fail to see that any
technical error or oversight should
cut any figure now"
If Comptroller McCardy should refuse
to countersign the contract, and the
courts should uphold him, the only suf-
ferers would obviously be Hennessy &
Cox, who have paved the street But
1t is not certain that the courts will
sustain the comptroller in the case.