The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-12
WILLIAMS'S WORDS CUT
SPECIFICATIONS DESIGNED TO PRO-
TECT THE HOME COMPANY.
Judge Carter VIII Give His Decision
i'm the Case To-Morrow-Other
Court Cases.

The argument in the suit to enjoin the
city and Board of Works from letting the
electric light contract under the specifca-
tions on file was finished before Judge Car
ter. of the Superior Court, yesterday by
Attorney John G.. Williams, representing
Arthur N. Dwyer. the complainant. Attor-
neys Bell and Elan. for the city. had said
that the board was not under obligations
to prepare specifications for contracts such
as the lighting contract, nor advertise for
bids. according to the provisions of the
city charter. 1t was contended that If
work was to be done then the formula
set out in the charter must be complied
with, but in this case, it is not work" that
is proposed but merely the letting of a
contract for a public service.
In replying TO these arguments Attorney
Williams called the plan for letting the
contract a miraculous concoction," and
said other things not at all pleasant for the
members of the Board of Works, city au-
thorities and their attorneys TO listen TO.
The city authorities did not discover that
they had this wondrous power" he said,
until confronted with a suit in court. II
the board had authority TO make a contract
at P~'easure without advertising, isn't ii
stra & they took time and care TO prepare
these specifications?
You will be surprised in reading them
to see how every avenue has been closed,
except TO the Home Heating and Lighting
Company. They inserted a clause max
ing the construction of a new plant an
obligation on the successful bidder. They
now say that does not apply to the In
dianapolis Light and Power Company. Very
kind. indeed. But why didn't they say in
the specifications: If the successful bidder
has not already a plant in substantial COM
pliance'? That omission is significant.
The affidavit in regard to the depth of
condultS is on a par with the SpeciflcationS
1t says they now average three feet to the
center. The specifications mean the top
shall be three feet. Had there been no utter
Tor motive, they would have inserted here
a clause protecting the Indianapolis Com
pany.
Then comes the neatest proviso in this
whole miraculous concoction. They give
the successful bidder to understand that,
at the end of his contract, he must turn
his plant over TO the city. The provision
that the city may purchase is spectacu-
lar play. If they make this so that COM
panies already having the franchise rights
in the streets shall be exempt. it will ex-
empt both the Home company and its most
formidable competitor, the Indianapolis
company. So they make the exemption on
franchise rights for a term extending be-
tract Counsel insists that if the Indian
apolis company has the perpetual franchise
it claims, this eXempts it. But il does not.
There must be a termination That's what
term means. And that's what the man
who made these specifications understood
1t TO mean.
Can your Honor believe all these as
founding peculiarities mere accidents?
When all could so easily have been OBJ
Waited, can you believe they were not in
territorial? l read these specifications as
having been made in clear design to have
the Home company get the contract, and
none else
Judge Carter has the matter under adj
visement and will give his decision to-
morrow.