The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-11-27

The contract for the construction OF the
Cedar river water system has not been
signed by either Of the contracting parties.
The board OF public works, which Is 10 exc
cute the contract In behalf Of the city. has
not yet reached an agreement. Ganah q
Byrne viii not sign until the matter mas
been adjudicated and determined in the
courts. This is the whole situation In
nutshell.
1t was generally expected that the board
Of public works would reach decision yes
terday, in view Of the fact that the ordi-
nance passed by the city council on Tues
day night had received the approval and
ofI,cial signature OF the mayor. Section
Of that ordinance reads as follows:
That the award Of the board OF public
works OF the contract for the construction
of said additions to the existing water
works 10 Gahan & Byrne. be and the sanas
Ia hereby ratified. and that the board of
public works be ana they are hereby au-
thorized and instructed to enter into con-
tract with said Gahan & Byrne for the
construction Of certain additions TO the
existing water works of the city OF Seat
tie, commonly known as the Cedar river
water system. in accordance with the terms
and Specifications OF the bid submitted by
said GahAn & Byrns TO the board of public
works OF the city OF Seattle on the 18th
day OF November, lsss. as explained by
their written statement filed with the
board OF public works on November 81.
1898. aggregattng sL2ss. .s2e3 %; and also in
accordance with the proposals, specifica-
ttons, general clauses and contract for the
construction for certain additions to the
existing water works of the city OF Seat
tie. as proposed and submitted by the board
Of public works. as amended by section /
Of this ordnance"
Division in tho Board.
The plain and simple reason of yester-
days delay is a split in the board Of public
works. Chairman Thomson. who. without
authority from the board. called for an
opinion from Corporation Counsel Hum
phrey. takes tho position as outlined In
that opinion that the bid is Illegal and the
ordinance invalid. He is consequently un-
willing 10 sign the contract.
The two other members OF the board,
Messrs. Little and Youngs. who constitute
a majority. take a very different position.
They believe that the ordinance. as passed
by the council and approved by the mayor.
leaves the board no discretion. ard they
are ready 10 sign the contract on behalf
OF the city unless restrained from doing co
by an injunction.
Mr.. Little said yesterday: 'Tc the board
had wished 10 assume the responsibility of
passing upon this matter the proper time
for IL 10 take action was when the bid
was hrst opened. In my Judgment. the
board then had power to reject the bid AL
together. II Gid not 90 SO. but forwarded
II 20 the council. That body, at whose de-
fiberations all three members OF the board
were present. inally passed the substitute
ordinance. No protest was made by the
board collectively or individually. and m
notice was served on the council that she
board would decline 10 sign :he contract 7
think we are bound 20 follow out ;he In
struetions Of the council
Superintendent Yonngs the ether mem
Der q the board. is equally positive In his
convictions, and takes practically the same
ground as tha; occupied by Mr. Little. az
think" sad he. that the beard should
now carry out the instructions Of the coun-
eh. and for one am ready to do so.'
Mr. Thomson Refuses.
That such action would have been taken
yesterday Il there had been a meeting q,
the board hardly admits ot doubt If
the matter had come 20 n vote the board
would have declared Itself ready 70 execute
tire contract with Gahaa & Byrne by a
vote OF two 70 one. Mr. Thomson voting
no and Nessrs. YounSs and Little ave.
But the matter cid not ccnae 20 a vote
II fact, the board dii net hold A session.
The reason 0. SIS failure 20 do 50 was re
refusal - Chairman Thomson 70 call thA
beard together. TIE Two other members
could have aocked by themselves and held
= meeting. but they decided II was best not
- d SO.
long conference was sslA =, he -t.r
hal tlst before moan, the result os which
was tina. AZ informal Agreement was
reached thz. there should b. a meeting O.
TAe board a. : o'clock. A. that hour .he
two ether members of the board. together
with Messrx- Gahan & Byrre and their
counsel II. r Cdse. were present when
Mr. Taer.Sau came II viii Mr. Hanahrev
an4 stated that Re coulI rot sanssr, - :
meeting, IaasmucA as Re had no; had o.
nsr;unE;Y 20 eo0.uit his private attorney.
Fer taiS reason Mr.. TsoTasou sasi he COAX;
rot consent 20 six IN TIE eoard ard accord
Iag.y w,htrew.
He Makes Statement
A.keA las. nigh; as - rs reasons -o-
refusing t1 call ;Ae bcare tcsetaer or "a
participate a ssssso-. Mr.. Tnon.sn SAT-
My position r. ;ke matter Is xey eliza.
sn4 .tnps- Daring tAe rragress OF ne
/, discussions n tie csty SsG-c.a Asked Csz-