The Montgomery advertiser., 1902-08-19
COAL B0THERS COUNCIL
LOWEST BID DECLARED TO BE
 ILLEGAL.
Tennessee Company Does Not Want to Be Responsible for Strikes and Fires in Furnishing
 Coal for Waterworks.

The report of the Water Committee on bids for supplying the city waterworks with coal preclpitated the liveliest de- bate of the City Council meeting last night Only two bids were submitted and one of these that submitted by the Tennessee Coal and Iron Company, was declared to be illegal by the City Attor- ney.
 mittee reported to the Council that in response to the advertisement for bids for furnishing coal, bids had been receiv- ed frcm the Tennessee Coal and Iron Light and Power Company. The bid of the Tennessee Coal and Iron Company contained clause relieving the company from responsibility of delivering coal in case yt strikes, mine fires and inability to get cars.
 Alderman Anderson, Chairman of the Committee, said there was but five cents difference between the two bids. The lent to 2.30 q ton while the bid of the local company was $2.35 a ton.
 Pursuing the subject further, the chair man of the committee said he was in doubt as to the legality of the bid offer ed by the Tennessee Coal and Iron Com pany, a doubt which was shared by the other members of the committee. He asked that the City Attorney be called before the Council to give his opinion on the matter.
 Capt. E. A. Graham, who is acting City Attorney in the absence of Major R. E. Steiner, read the two bids. He announc- ed that the clause in the bid of the Ten nessee Coal and Iron Company, which absolved the company from responsibil- ity for the non-delivery of coal in the event of mine fires, strikes or inability to secure cars rendered its provisions H. legal, as not complying with the speci- fications set out in the advertisement,
 Alderman Anderson said the statement of the Acting City Attorney put the com ffNN, an to the bids. He would, he said. place the matter before the Council. and speaking for the committee, he would recommend to the Council the acceptance of the low est bid, that of the Tennessee Coal and Iron Company.
 Alderman May requested that Superin- teudent McD. Cain of the City Water V<rks be called before the Council Tor statement.
 Before the appearance of MT Cain. AL derman Roeder who is an official of the Montgomery Light and Power Company spoke on the committees report. He said:
 "The members of the Council know that have no vote on this matter. which is now before the Council. want to say. however, that l do not see how the pronounced Illegal by the City Attorney. The Montgomery Light and Power Com pany would submit much lower bid than the one sent In by the Tennessee Coal ana Iron tomJiHS II u couu o relieved of possible loss by strikes and mine fires. If they could be so excused. the local company would go much lower than five cents from their present bid. The local company .tands ready to fur nieh the coal at any and all times"
 MT. Cain, appearing before the Coun- cil, said that either brand of the coal described in the two bids was suitable for use by the waterworks department. No contract ever made for the water works department he said. had such clause as that contained in the bid of the the Tennessee Coal and Iron Company. He said, further. that the wlte- department had trouble about prompt delivery with all the companies that had furnished coal
 Alderman Hartley said that in view of the opinion of the Acting City Attorney as to the iIegal!ty of the Tennessee Co.al and Iron Company's bid, he would wit'- draw his recommcndati n as member of tho Water Committee. He moved further. that all b,dt he rejected.
 As q substitute. Al leg man Taolc moved that the commtter b. granted until a special meeting next Wedae day after noon to make another report on the bids Ttis motion was adopted,