Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-29
| MATTER OF DAMAGES
ALLEGED FAILURE OF DISTRICT
TO KEEP CONTRACT.
Superintendent Stutler of Street Clean
ing Department Files Reply to
Fertilizer Company.

Warner Stutler, superintendent of street
cleaning, has submitted to Commissioner
West report in connection with the Wash
ington Fertilizer Company's letter of the
14th instant, in which they ask considera-
ton Of the damage resulting to the COM
pany from the alleged failure of the Dis
trict government to carry out Its part of
the contract for the collection and disposal
of garbage and dead animals.
1.-THE fertilizer company" he says,
claims that the Commissioners have vio-
lated their part of the contract by failure
to deliver all dead animals to them and by
allowing foreign substances to be placed
in garbage receptacles by householders.
1.-THE assertion of the company that the
contract provides for the delivery to them
of all dead animals is not borne out by the
facts 1t is true that In the body of the
contract the company is required to collect
daily from every part OF the District all
dead animals but this is modified by sec
ton of the specifications, which specifica-
tons are expressly made part of the con-
tract wherein 1t is provided: The con-
tractor for the removal of dead animals
will be required to remove them promptly
from time to time as they may be found or
as they may be reported to him. etc.
Again, section 33 of the Specifications pro-
vides: Upon failure of the proper con-
tractor to execute any order for the re-
hours after the receipt thereof or forthwith
If SO directed by the Commissioners the
Commissioners may cause such dead animal
to be removed and charged against the
contractor etc.
Meaning Of the Case.
1.-The term all dead animals in the body Of
the contract means, therefore, only such as
may be found, and such as may be report
ed to them officially. Even in these two
classes of cases the Commissioners reserve
to themselves the right, under certain con-
ditions, to remove the animals. 1t is sub
mitted, therefore, that the Commissioners
did not by the terms of the contract agree
to deliver all dead animals to the fertilizer
company.
THE claims of the comp any that they en-
tered into the contract for the collection
and disposal of garbage on the basis of an
agreement by the Commissioners to deliver
to them all dead animals is negatived by
the specifications. These specifications
were furnished to bidders at the time bids
were called for, and it was on the basis of
the requirements of the said specifications
and on that basis alone, that the company
put in their bid, and as has been pointed
out there is no requirement in the speci-
fications which makes it incumbent on the
Commissioners to deliver all dead animals
to the company.
Manual Issued.
I'm July, 1900, this department compiled
a manual of rules and regulations govern
ing the collection and disposal of city
refuse, and had printed $1,000 copies of
same, which copies were distributed to
householders throughout the District by the
police department. Section 1 of article
of the garbage regulations lin that manual
DENIES the term garbage, and section 9
specifies the kind and capacity of receptacle
required to be furnished by householders.
Section 10 of the same article provides u
penalty of not less than ST. nor more than
$40, for violation of the regulations in
question:
Superintendent Stutler saws that twice
subsequently the Commissioners author
lied the issuance of notices to household
ers warning them against placing foreign
matter in the garbage cans.
Suggestion Made in December
In response to letter of complaint from
the company December 90 1902, Superin-
tendent Stutler suggested that the COM
pahy either throw out on the premises all
foreign substances when making colec-
tons or that they notify his owce of spe-
cific violations of the regulations in order
that the police department might be ad-
V1sed. with view to the enforcement of the
regulations. Since the latter date the de-
partment did not hear anything more from
the company anent foreign substances in
the carnage until the receipt of their letter
Section of the contract specifications
provides as follows:
The Commissioners of the District of
Columbla VIII enforce the separation by
householders of each class of material
named IN secuop l of these specifications,
so far as may be practicable But when
ever, through neglect on the part of the
householder, or otherwise two or more
classes of such materials have been deposit
eu III the same receptacle place, said
commissioners may determine by which
contractor or contractors, if any, the ma
terials so deposited shall be collected and
disposed of; and such contractor or con-
tractors must collect and dispose of such
materials
Have Compiled With Specifications.
In view of the foregoing facts" says Mr.
Suffer- 1T Is submitted that the Com
missioners have fully complied with Sec
ton of the specifica TONS and lie COM
panys claim for alleged damage to their
plant IS not, therefore, entitled to consid-
Grafton t.
I'm connection with the dead animals 1
would state that the only claim which
merits consideration by the Commissioners
Is IN cases where the company has been
notified officially to remove dead animals
ana falled toget them. During the fiscal year
19O2 they made thirty nine trips of this kind
and at the final settlement were allowed at
the rate OF 81 per trip, total of $156 for
such services. During the current fiscal
year they have made twenty trips for dead
animals without result and they will be
given credit for these and any others they
may make at the end of the present year"