Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-03-12
Daggett and Dugan Sued by Fidel-
ity and Trust Company.
ALLEGED FAILURE 70 MEET CONTRACT
Complainant Company Surety on
Bond for Street Sweeping
INJU JUNCTION NTED

Proceedings in equity for an injunction
and the appointment Of receiver were in
stituted this afternoon by the Fidelity and
Deposit Company of Maryland, through
Attorneys ]. ]. Hemphfll and Arthur Peter,
against Albert Daggett and Michael A.
Dugan, who are the contractors for clean
ing the streets of this city.
The action Is based on the grounds
of non-performance of contract for sweep
ing the streets and the defendants failure
to pay for materials and labor supplied in
that work, whereby liability is sought to be
imposed upon the complainant company,
which is surety on their bond. 1t is also
alleged to be the intention of the defend
ants to throw up the contract. after OBJ
tanning the draft to which they are now en-
titled for street sweeping. and convert the
proceeds Of the draft to their own use
without paying the laborers for their Ser
vices.
Justice Barnard. in Equity Court No. 2.
when the matter was called to his attention,
issued a temporary restraining order re-
turnable Wednesday next.
The bill of particulars recites that April
y. 1893. contract was entered into be-
tween the District of Columbia and the de-
PENDANTS by which the latter were to fur
nish all the necessary labor and material
and sprinkle, sweep and clean the paved
cdTTistSe"dyS OF Sucn streets ana avenues
in the District as. the Commissioners might
from time to time designate. from June 30.
1889, to July l, 1900, for the price Of 21A
cents per LOCO square yards. The bill then
recites certain specifications in the contract
governing the equipment of the sweepers or
patroimen, and the work they were to be
required to do, including the removal of the
sweepings within one hour of the time Of
piling, and that the character and the
thoroughness of the work should at all
times be subject to the approval of the su-
perintepdeDt Of street. cleaning and the
Commissioners of the District Of Columbia
Provision for Deductions.
Section IA, which nPbrotfded that If any
work on any particular .Epad be generally
bad the Commissioners .pight direct such
deductions for amount due on such road as
they should deem tEsasepable penalty for
such inferior work INCLUDED in the bill.
as well as section IS which provided that
wherein strict compii fRance Of the foregoing
provision is not observedIp
The complainant further proceeds to re-
count the provisionstirr the contract under
the head OF General Stiphlations." Section
3 OF these stipulati6ifs puovides that fail
ure to commence thework at the time spe-
Cited or failure to prosecute 1t thereafter
In satisfactory mannerg and at q rate of
progress necessary, lin the opinion Of the
District Commissioners, for its entire COM
pletion In the limits Of the time fixed by
said contract. should be authority to the
said Commissioners to suspend the con-
tractors from their work and employ others
to complete it. All money due the con-
tractors at the date Of suspension, 1t Is pro-
vided. shall be applied toward the conduct
and maintenance of the work. and any ex-
cess OF cost over and above the amount so
retained shall be charged against the con-
trastor and securities; who shall all and
seyerally be held liable therefor.
Section stipulated that q good and sufl-
cdent bond to the United States In penal
sum equal to the estimated amount OF the
the commissioners Of the District Of Coz
tumbia, should be required from all contrac-
tors, guaranteeing that their contract would
satisfaction OF the Commissioners.
Section provided that the workman en-