Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1903-01-07


IBl|[|'||I!0R
saARkEra CoMaaIrTEErAG nAsr AT
coNTHAcroR,s scaAnaEs.
THEY DIsPu1E rs JUSTICE.
City Attorney rules Th.t= The Term.
OF Writes Agreement Cannot
Bezv.ried-curs store Green Gro-
scer1esl Must Retire Fron Business. !.
T1e-payment Of the bill OF. nv. Dellle
Sutherland for excavat ton and cinders
Sextr IN connection with his contract
Market. occupied the attention OF the
Committee on Markets for about ar hour
last night: and. y hilef It was firal'y or
LIZ ny Lie %COlQUuGteS,& because or
an opinion rendered by City attorney
Pollard who was present. that 1t was
warranted by the terms Of the contract
several of the members were not at ali
of the claim, and kicked : Vigorously
about it after the meeting adjourned
The amountinv was $40.
1t was admitted all around that the
contract was a peculiar and sunprecedent-
I ed one for this line Of work.The city
advertised for granolithic work for which
It. furnished printed forms OF contract
other In the forms Of proposals Is a
provision which applies to extra work,
and the printed words are: 80.
For y4extra excavation
ts0r any extra ClnderS
WORD SCRATCHED OUT.
In the proposal signed by Mr.. Suther-
land, the word extra in each of these
lines was carefully scratched through
visions to read respectfully. for any ex-
The terms OF the contract given out by
land are introduced BY the words: IT
is agreed that the work to be done under
this contract is as follows: Granolithic
paving complete, etc., and further on
part of the contract The contract and
the proposal are inconsistent with each
other, however, In consequences of tbs
word extra having been stricken out
presented some of the members who were
familiar with this icharac ter OF work. said
they had never heard- of a contract for
granolithic work which lid not include
and they protested warmly against hav-
ing to pay $110 extra for work that they
considered necessarily included In the
stated figures of the contract, which was
N,120.16, and Mr.. Sutherland's bill. to-
gether with the contract and other papers.
was referred to the City Attorney for
an. opinion "a
The opinion was read and explained to
the committee by the City Attorney last
night He, said that for some reason,
which he did not undertake to explain.
in the form had been stricken out, and
instead of. providing as. intended for Tex.
ira, excavation and extra cinders, had
provided for payment for any excavation
and cinders. Is
| Under legal principles, which forbid the
varying Of written contract from the
actual terms used. he was In honor
bound, though 10th to do so. to say this
he must declare the bill as rendered was
correct: although it did not seem to be
In accord with the intentions Of al the
parties.
disagree with the opinion, and were very
indignant at what they considered the
injustice of the bill, but on the motion
| Of Mr.. Zimm ermann, who said they could
opinion, the bill was ordered paid. with
the exception OF $40 for extra time. which
was directed to be withheld until the cor.
rectness Of this extra was inquired
into.
CURB-STONE GREEN GROCERs.
THE clerk of the Second Market brought
! to the attention of the committee an
| order which had been promulgated By
Police Captain Hulce, Of the Second Dis
| trict, to people who own stores on Sixth
street with whom lit has been the Gus.
their products on the curb Of this street
outside the market. He said that he
had been collecting 10 cents a day from
these persons for this privilege, which
had obtained for: many years. whether
| legally or otherwise. he did not know.
The police captain had ordered these
! curb stands to be removed. as they IN
| terfered with Z travel along the street
| and they had come to him. He wished
I the committee to instruct him what Il
| do.
| Chairman Peters ruled that they hat
no right to sell there. and that the clerk
privilege. They should be required t
rent stall in the market If they wanted
Chairman Peters and Mr.. Huber were
| constituted a committee of two to inquir.
! into the needs Of the markets for $50
/ and report an estimate covering the ques
! ton to the COMMITTEES.
/ Present: Cha irman r. L. Peters
Huber, Allen, zimmerman, Bahen, ant
! WhaIen.
/ ~ 80 - - =