The herald., 1897-04-27
Again Discusses the Hard
ware Contract
COMMITTEE REPORT ADOPTED
ESTIMATES FOR NEW SCHOOL
LANDS AND BUILDINGS
A Little Item of 1884, 400 Is AL, That
Will Be Needed-Council to Pro-
vide for Special Election

The board Of education held It's resu-
lar meeting last night, all the members
present except President Mathews. d.
rector Bartlett occupied the chair. the
chief interest of the evening again CEN
tered around the eHarper-Reynolds hard
ware contract which caused such
breeze at a recent meeting, upon whicn
the following report was presented by
the supply committee:
"Your supply committee would respect
fullv ask YOU to cancel the so-called con-
tract with the Harper & Reynolds Co.,
entered into by the previous board OF
education, for the following reasons:
THAT in every instance where the
articles actually specified in the contract
were purchased by the previous board
said company charged much higher
price than that actually specified in said
contract. That in accordance with the
opinion of the city attorney as follows:
LOS ANGELES, Cal, April %, 1897.
"Tn the matter of your request or
April 21, 1897, for an opinion as to the
validity of a contract with the Harper &
Reynolds company. / have examined
the contract and am of the opinion that
1t ie valid contract and binding upon
the board of education in so far as the
purchase of articles specified therein by
name.
"T am of the further opinion, however,
that as to any hardware not specified
in the contract no enforcement of the
contract can be had by the company as
the provision is indefinite and uncertain
and, for that reason, of no effect.
"'There may be reasons why the whole
contract could be invalidated by bad
faith in matters of overcharge, ETC.,
but as this reason has only come to me
through individual members of your
committee, and was not made part of
your letter, only pass upon the contract
as its shows upon its face. Respectfully,
"'W. E. DUNN, City Attorney.
''The contract is invalid, except as to
articles specified, and from the record of
files in the secretary's office we find that
since the existence of eaid contract only
the sum of $26.50 worth of such articles
have been purchased, and that by the
previous board, and yet, in said small
purchase, a total of s744 has been over
charged by eaid firm to the previous
board.
I'VE further recommend that when
this board advertiseg for supplies in
the future, viz: in June of each year, that
each and every article used in said de-
partment be specified, and not other ma
terial at wholesale prices so that con-
tract can be legally made and entered
into.
"The present board has never violated
said contract, for the reason that arti-
cles actually specified in same have not
been needed since January l, 1897
Walter L. Webb, j. F. Adams, COM
mittee."
Mr.. Conrey moved that this report be
received and filed. Mr.. Webb moved to
amend by its being received and adopted.
This precipitated a warm discussion.
Mr.. Davis thought the board had no
right to cancel the contract with the
Harper-Reynolds company without CIV
ing them an opportunity for explanation.
Mr.. Webb said they had been given op-
portunity, but he did not consider the ex-
PLANTATION satisfactory. letter from
Mr.. Reynolds had been received, but i.
was not thought best by the commit
tee to read this letter in open board.
The company had charged more than
contract price on everything furnished.
When asked if the other firms had fur
nished supplies at wholesale rates, he re-
piled in the affirmative, although the ar
ticles in the bills were down at retail
prices, as some of the members of the
board said later in the evening. The re-
port was finally adopted on a vote of
to 8.
The finance committee presented bills
to the amount of $1793sS to be approved.
This matter was also made the subject
of considerable debate, but was finally
adopted, Mr.. Davis objecting to the gem
eral manner of making bills. He called
the attention of the board to section Sc of
the rules and regulations in the matter
of advertising for all supplies in amounts
over $780, and wanted all purchases
made for supplies less than $50 to be ad
vertised for by posting in the office and
giving dealers an opportunity to COM
pete. Mr.. Davis moved that his resolu-
tion in regard to this matter, which was
tabled at the last meeting, be taken from
the table and reconsidered. After some
discussion the resolution was again
tabled, to be referred to at a future
meeting, each member of the board to
be furnished with copy of the resolu-
ton in the meaJt time for consideration.
The special committee on the report
of new school buildings made the fol-
lowing recommendation.
Your special committee appointed on
February 23d, in the matter of the pro-
posed erection of new school buildings
and additions to school buildings, re-
spectively return the following report
eulpplemental to the report of March s,
1897. and supplemental to the first sup
Elemental report filed March II, 1897, and
we recommend:
"First-That the item contained in
said supplemental report of March 11th,
concerning Hellman street school prop
erty and the erection of new building be
revoked and stricken out, and that the
item numbered five concerning the
Swain street school, be revoked and
stricken out, and instead thereof We
recommend that the Swain street schoo
grounds be sold, and the school building
be removed to a better location, and that
six rooms be added thereto.
"Secopd--Instead of paragraph ten oi
said report of March s, 1897, concerning
Macy street school building we recon.
mend that no addition whatever be made
to the Macy street school building, and
instead thereof we recommend that q
new building of five rooms be erected
within the present district of the Macy
street school.
xrts4h lxxv IT,