The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-15
School Board Declares Benoit's
Check Forfeited.
ANOTHER BOND OFFERED
MIR. Long Refused to Allow Mr.. Cotter
to Make Any Statement for Ben
oit-The Matter Will Go to
the Courts.

A
the board was the contract which had
been awarded to Moses Benoit to build
the East Butte school house. but which
he refused because it provided tina he
should put in the heating plant also.
which he claimed had not been included
in his bid. President Long explained
to tue board tina Mr.. Benoit had re-
fuse to sign the contract which had
been awarded him. Clerk Richards
was requested to read the contract,
which he did, and then Trustee Mac
donald made a motion To strike from
the contract the provision that the SUI
pervising architects decision in case of
any dispute as to the meaning of any
part of the plans and specifications
should be final and binding on all par
ties. Mr.. Macdonald proposed that
the provision referred TO be stricken out
and the contract resubmitted to Mr..
Benoit. Mr.. Long opposed any change,
and said Benoit had not offered any
substitute of the contract which he
refused to sign. The motion was with
drawn.
Attorney Cotter, who was present 10
represent Benoit, asked permission TO
offer a contract and a bond for its
faithful performance in the sum of S2l,-
O0J. Mr.. Long refused to allow MIR.
Cotter to make any statement. Trus-
tee Clinton made a motion hat Benoit's
$500 check be returned to him upon
him signIng a paper releasing the dis
trict from any further liability.
Dorais seconded the motion, and Mr..
Golfer again asked permission to make
a statement.
mo, sir; you cannot said Mr.. Long.
Il would like to be heard" insisted
Mr.. Cotter., Il have a right TO be
heard"
mo, SIR said Mr.. Long.
We'll. l would like To nave your min
utes show that replied the attorney.
Trustee Dorais remarked that he
thought Benoit had a right to decline
to sign the contract, as il included a
heating plant which he had not bid
on.
we understand your opinion of this
matter said the president, "and II Is
not necessary for you To go into that
The roll was then called on the mo-
ton to return the check. Clinton and
Dorais voted i'm favor of IL. and Burke,
Long, Lane and Macdonald against IT,.
Macdonald then made "A motion h a
Benefits check be declared forfeited be-
cause he failed to execute a bond and
contract in accordance viii the award
of the board.
Mr.. Cotter made another attempt to
be heard, but the president would not
have it. az
I'VE will near you after we have dis
posed of this matter said he.
Trustee Lane suggested that Mr.. Cot
ter ought to be heard, but Mr.. Long
said no, and when a vote was taken on
the motion to forfeit the check Mr..
Lane refused to vote. Dorais and elm
ton voted against the motion, and
Burke. Long and Macdonald for IL, and
the president declared IL carried.
I'VE have got this matter now where
we want it," said MIR. Long, and then
turning to Mr.. Cotter he suggested that
the matter be taken into court on an
agreed statement of facts have the
court settle the trouble.
Il don't think we would ever be able
to agree on the facts OF TINS case re-
sponded Mr.. Cotter. That VIII be a
question for a jury to decide.
Mi. Lang said the $4,000 belonged 10
the district, and that the trustees were
simply the agents of the people, and
could do nothing more than they had
done. They did not propose TO have
tlte people buncoed and humbugged
though he would not say that Mr.. Ben
oi. had attempted to do so.
Mr.. Clinton asked that the minutes
show that Mr.. Cotter had offered a con-
tract and bond before the board MAJ
aiken action on the matter just dis
posed of.
Mr.. Cotter again took the floor and
said that in his opinion the members OF
the board had a very wrong idea 81
their duties and powers.
Ever citizen has a right to be heard
and has a right to appear even before
this board. and you have no right i
shut him off" said Mr.. Cotter.
= Mr.. Macdonald suggested that Mr.
Cotter be extended all the courtesie'
-...gAIa an1 that the minutes no made
to show that Mr.. Cotter had offered 2
contract bon and that they haf
been refused by the board.
A motion to that effect was passed
and then he made another demand 70
the Benoit check. which was also re
fused, and the attorney and his ellen
|, then withdrew and the incident wa
closed.
on motion of Mr.. Burke the clerl
was then instructed to r~e-advertise 20
: bids for the construction of the neV
! building. the bids to be in by mex
Thursday evening.
The following janitors were employs
on a report OF the committee on JAM
4 tors and supplies: Chief ~janitor. neF
high school building, James NJ. Trip
assistant. high school, William Bartle
Washington school, V. j. Stearns' Lin
> coin. w. +. C~Iaybourn; Garfield, III.
= / T1uillDIlN e. = 49,
: o'Brien: Monroe. Mrs. Lydia Parlin
Grant, Mrs. b. Moutz; Greeley. VII
: liam Tierney, Franklin, Mrs. Il. Ev
: ans: Adams, Mrs. Rose McDermotI
: Blaine, Mrs. Martha Doyle: Jefferso
and Jackson, Mrs. Fannie Ords.
4 The supply committee reported in "a
!; yor of renewing a contract with IN
Northwestern School Furniture CON
r many TO furnish desks and seats 10
n the new building. Mr.. Dorais wante
10 advertise for bids. but the commits
y tees recommendations were accepte
because there was not sufficient tim
TO advertise for the new bids.
Applications were received from &c.
A. Cook and George Audley for the AZ
pointment Of census taker, and NJ
y Audley was elected by a unanimoI
Y vote.
= The census Is TO be taken betwea
August / and 20. and Mr.. Audley vi