The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-24
CLAIMS YET UNPAID.
NHATCoM soRMAL SCHOOL CASES
GO TO suPREME COURT.
Kao&sy Quests0us 81 Priority so Re
Submitted Today - Cestrerfes-s
OBLIGATIONS EIceed the Amount
nme Him. a.d Son. of the Credit
oYs VIII Get kothtsg-sesfsie
Claim ants Ma, BE shut Out.

Special Dispatch 20 the Post-Intslligsneer.
wHATsc0M. AprlI z7.-<soue interesting
> legal onessfors involved IN the settlement
Of the contract with William p. Dayey
for thu erxcffon os the normal school
building here win be submitted 20 the
rrovs1.d far the rstsntion by the trustees
OF D. per cent Of zach and every estimate
unfu the final completion and acceptance
; ~ the building. and further that the flTai
payment should be made within thirty
days after such completion and accept
snce. provided. that before the making
OF such nnsl payment said contractor
shall snow 70 the Satisfaction OF said To-
cal board az trustees that all just debts
due ali labsrers And n~c5ranses ard mate
rial men and persons who shall supply or
shall have supplied such contractor with
material or goods Of any kind upon said
work. or In connection with the conEfruc-
ton OF said b1iidlas, haze besn paid"
The contractor. having incurred ooilga-
lions largely In excess Of the balance due
him. was unable 10 make such a showing.
and accordingly the balance due upon the
contract at the time Of the conditional ac-
ceptance Of the puiidias BY the trustees.
or January %. has snss Yet been paid.
AL OF the facts Involved In the matter.
however. have been certified 20 the state
auditor. together with various exhibits
setfing forth all the claims flied, IN the
order Of fling. giving the character OF
each claim. copy OF the contract. a
copy OF Tie conditional acceptance Of the
building aud the forms OF the various or
ders upon the board given by the con-
tractor 10 his various creditors.
II Is claimed by the attorneys OF certain
creditors that these orders are valid as
signments and that they must be so rec
ognized ana paid In the order OF their
hling. 20 the extent OF the funds avail
able: and. further that the state has no
legal right TO require that orders 80 given
must be for labor or material which en-
tered into the construction OF the build
: ing.
IL happens that the very FIRST order fled,
which calls for SOC. was given as secur-
ity for an cid debt represented by
promissary note given BY the contractor
and certain relatives. and yet IL is claimed
by a number OF attorneys that according
10 certain decision Of the supreme court
3 In Seattle contract case this claim must
take precedence over just claims for labor
and material. being represented. "a II e.
by the 6rst order filed. II II admitted
that there In no equity In such decision.
but the contention IL made that IL is the
Law as interpreted by the supreme court
In the Seattle case referred 20.
III the court 80 decides. quite a number
OF the creditors OF the contra tor who's.
claims are In every respect Just. will get
nothing, A. the aggregate OF all claims
filed II fi4se.s1. while the balance due
upon the contract. under the appropria-
ton. with the expenditure OF which the
present board of trustees n charged Is
only ss.sS*.s- The late legislature how
ever. saw NJ 10 make an additional appro-
pristion Of a. iss.0s for alleged extras"
without calling upon the trustees for any
Information relative TO the merits OF the
claim. which was In fact egregiously
stuffed. and this amount added to the bal
ance properly due upon the contract
makes tlo,sa3 81 available for the settle
ment of all claims.
The trustees. however have nothing to
do with the disbursement of the appro-
prtation last made. as the act provides
that the claims shall be audited and
amount paid out by the state auditor
Exclusive Of this amount the entire
amount paid or to be paid upon the con-
tract for the erection Of the building IN
Guiding al extras recognized by the tru--
tees as coming within the provisions OF
the contract Ia xs4.s 90 The architects
commission Of 3i.fs7.17. the superintend-
ent's salary Of about 300 the cost OF adj
strtising for plans and bids upon the con-
tract, the expense Of selecting plans and
locating the building. travelling expenses
of trustees and clerk. the clerks salary
ana Incidental Office expenses. and the
cost Of necessary grading 20 protect the
building. make up the balance OF the ar
preparation of stooo
The matter comes before the supreme
court upon writ OF mandamu- served
upon thu auditor. asking the recognition
OF orders given by the contractor as pre-
ferred claims. and payment thereof In the
order filed 10 the extent Of the funds
available. Under such construction OF
the law. Seattle claims 20 the amount OF
about 5000 and n number of others also
would be shut out. except as 20 their pro
rata upon the extra" appropriation made
by the late legislature. and there h some
question as to whether such OF the claims
ss are not covered BY orders would share
even IN that.
Another question which tho court will
Dc asked To pass upon Is whether war
rants yet 10 be issued against tie old an
preparation must be issued before May 1
IL Is contendsd BY all of the attorneys in
terested. unless n may he the DEPUTY at
torney general that section ~ article
= OF the constitution does not Apply in this
case. and that II has been 50 decided hv
the supreme court ia the case ~ the state
CT rel Attorney General VS.. John III. Nc
Graw. Is Washington. sii