The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-09
CONTRACTORS TO PAY COSTS.
SEWER NOTE INJUNCTION CASE
DISMISSED AT THEIR REQUEST.

CITY would Hear of No Negotiations
with Contractors Until the Case
Was Withdrawn-MayOr Meldrim
Says Work VIII he Resumed Nov.
L, With the Present or Other Con-
tractors. or the City May DO It's
own WOrk-With the Ground Rent
Asset the City Is Independent-Win
Deal Justly and Fairly With the
Contractors, However.
The Injunction suit TO restrain the city
from issuing notes in payment OF the
house drainage work was dismissed in
the Superior Court yesterday. The dis
missal was at the request of the plaintiffs
who agree to pay all costs.
The suit was at first something of a
mystery, but the hearing of the case de-
veloped that it was brought at the in
stance of Contractor John Rourke for the
purpose of establishing the Illegally of
the citys notes upon which the contrac-
tors had been unable to realize, in order
to force the city to provide some other
means of settlement, which would be
more satisfactory to the contractors.
The plaintiffs found, however, that they
had not calculated the full consequences
of the suit. The point made by City At
torney Adams that the notes were merely
the evidence of Indebtedness, and that if
the grounds on which the suit were
brought We're correct it was the contract
itself which would be Illegal met with
the immediate approval of Judge Fall
CANT, and this approval was indicated so
plainly as to leave no doubt of what the
decision of the court would be should the
case be pressed to an issue.
This was more than the contractors bar
gained for and there has since been no
desire on their part TO press the suit. With
the contract declared invalid they would
simply be at the mercy of the city. Their
work would be gone for nothing should the
city choose 10 have it so, and at best any
settlement made would be at the city's
dictation
The suit was dismissed because Council,
acting in committee. declined to enter in
10 any negotiations whatever with the con-
tractors until the suit had been with
drawn" said Mayor Meldrlm when called
upon by Morning News reporter in refer
ence to the matter. while there had been
NO direct attempt at negotiation notes had
been exchanged between the attorneys and
the matter was brought to our attention
by the city attorney. We promptly de-
cided that the city would take no action
in the matter so long as the case remained
before the court"
Mayor Meldrm discussed the suit I'm It's
connection with house drainage with con.
siderable interest. 1t was easily to be
seen, ne said, that the contractors had
made great mistake in seeking to force
the city to better terms by an attack upon
its credit, ard the roundabout manner in
which the attack was made certainly did
not make pleasant impression upon the
members of Council At the same time,
he said, whatever was done in the matter
by Council in relation to the further pro
gress OF the work would be done in a spirit
OF fairness and the desire to do justice to
all parties concerned without regard to
whom the parties may be.
AS the work is not to be resumed until
Nov. l." said Mayor Meldrim, there is
plenty of time in which to consider the
matter and decide upon the course to be
ADOPTED There are three plans open to
the city. The work may be continued un-
contractors should they be able TO do so
and should their work as so far completed
De approved by the supervising engineers.
should the contractors be unable to pro-
coed with the work, the contract might
be Cancelled and the work taken up by the
city under the direction of the supervising
engineers. In that case work would be
resumed Nov. and pushed to the end of
the term of the present administration.
and doubtless by our successors also until
April !. The whole or a part of the work
might be completed In this time as might
be deemed advisable. Third the city
could enter into a contract with other par
ties for the completion of the work. The
presence of an available asset of nearly
$4,000 IN the shape of the ground rents
makes the city independent in this mat
ter"
No matter what conclusion is reached
Dy Council, you can state as a positive
tact that the house drainage work will be
resumed Nov. L. said Mayor Meldrim
Contractors Rourke and Mitchell when
seen about the matter. simply said that
the suit had been dismissed. They had 40
doubt, they said. that an Understandings
would be reached with the city which
would be satisfactory to all parties.
Judge Falligant says the case reminds
him of the story of the man who got the
wild boar by the tail, and then begged
for somebody to help him turn loose
--s-3-s