The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-04-15
NORM fN5)|E TIE CITY.
Legal Action Delays Award Of
Cedar River Contracts.
4 RESTRAINING ORDER ISSUED.


So4ths Wokeo&I0 - Uovlo, .-e
Lossest Biaaers--Cheek shortage.
THE hoard OF public works was yesser-
day en1osne6 ny tire Moran Bros CON-
pany from letting the contract on s5bds-
visions three and four Of the Cedar river
water system to smytb. Wakefield
II David The hoard has been
ordered by Judge Moore % the superior
court TO show cause next Monday after
moon why the contract should not De
awarded 10 Moran Bros. Company,
IL WA stated last night hy ore og the
attorneys Tor r. Mcclellan that an 20
junction will he asked In izss name today
against the board of public works and the
Pacific Bridge Company. the latter being
the lowest bidder on subdivision No. !.
This will leave only subdivision Ne. 2
In which the board IL not restrained from
awarding the contract. ~ II believed quit
viii lie brought in this subdivision by
stirrat 4 Goetx on the ground that an
omission occurs In the estimate Of smssh.
Wakefield a. David the lowest bidders.
Unless enjoined IL is understood that the
board will award the contract on subds-
vision No either sometime today or
Monday morning az IL neiock.
SHORTAGE in Certified Checka.
The grounds on which Auran Bres. Com
pany asked an injunction yesterday after
noon and which will be- the basis Of r.
NcIelian's auit today are that the bids
OF amyth. Wakefield 4 David. while nn
deniably the lowest, were not accompanied
by certified checks In such sums
Quired by the city charter. and that the
bids OF the petitioners. as next lowest and
being accompanied by the proper certi-
hee checks. should receive the award.
The suit already fslea Is titied, Moran Bros.
Company vs.. X. II. Thomson. L. II.
Young and r. n. Little. as the board %
public works and smyth. Wakefield d
David OF Portland. The complaint is
lecgshy. going extensively int the history
OF the call for and submission of bids.
The case will come up on its merits Mon
day afternoon and Ii viii be then decided
whether the temporary restraining order
shall become permanent Injunction.
Statement Of Bids.
The provision of the city charter on
which the claim Of iliegaiity In the bids
or Smyth Wakefield David is based.
II 10 be found in section H. article \, az
follows: 'Aii bids shall BIZ accompanied
by certified check payable to the order
OF the city comptroller for sum not less
than per cent. of the amount OF the bid
and no bid shall be considered unless
accompanied by such check"
Ths entire situation. so fas as discrep-
ancies I'm the bids r. concerned Is clear
h outlined In communication sent by
Che board Of public works TO Corporation
Counsel Humphrey on the day following
use opening OF the bids and asking writ
ton Instructions as To what action should
~ taken. In this communication the board
makes the following statement:
'Ffrsi-fn subdivision No. /, tho lowest
apparent bid Is that of the Pacific bridge
In thss s.f rS
certified check. however, IL in the amount
OF t43.W. which would, under the city
charter. justify a bid OF bat Sssa.s0o The
lowest certified check which they csuld
have submitted unde- the city chsrfsr
would be sE.55o.as.
The next higher bidder is +. Mcclellan
whose bid is regular ana whose check IL
sufficient. his bid being In the sun Of
III 70. and hi. check In tho amount OF
tse10
''Second-In subdivision No q the low
EST apparent bidder II the firm OF smyth
Wakefield e David whose bid is N the
anounr OF s2is.se IS and whose check Is
IN the amount OF NseW These .idiess
however. failed 10 bid upon an Item !nelud-
Cd - The Items enumerated In the form
OF proposal. viz. upan the price of eighty
sansre feet OF vault lights
The next higher bid IL that az Stfrra, q
Goetx. which Is regular and complete. Int
In the sum of sais. ass.@.
where the Morans Prote.t.
'T'hird-Tn subdivision No 3. the loves.
bid ss that of Smsrh Wakefield 4 ravta
IN the sum ~ 81, tsl -. but their certified
check n In the sum Of but ssso0 being
thus s7sus less than the amount required
by the charter.
The nswt lowest tid L. fha, or Moran
Frce. Company In the amount of sss 81 u
and whose certified check Is in the sum
OF 1Dn
"FN0rtn-~ia subdivision No. 4 the lowest
apparent bidder ~ the firm of SMITH.
Wakefield a David. shose bid IL in th.,
sum af fS.nisis. bar Their certified check
h. In the SUM Of bait ST. an being thus sta n
less than the amount required by al. char
ter.
The next iosesss his, IA thar az Moran
Bros Company In the sim ~ xRs ste aa and
whose check Is IN the smfn 81 sae1''
To tbir written request sor Instructions
the board received NJ teaty. th,. RENDERING !,
OF an opinion by the corporation counsel I've
ing made 6f no avail nv ths summary ae-
tio0 ~ Moran HrV~ TIE ding ~ the paft-
zion fer az Injunction vas precfpitatssi by
thn fact that meeting ~ TIVE FYse fsss,srz az
tho beard ~ gss9'Ilv works With the cor.
pcrasien counsel toek place YESTERDAY
.