The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-15
NEWLY PRESENTS HIS SIDE
JUDGE CARTER HEARS TESTIMONY
IN SUIT AGAINST WORKS BOARD.
Verdict Of $4,000 for Maggie VI. Fos-
ter MISUNDERSTANDING Company Sued
for x25,OOO-Court GrIst.

Judge Carter heard a part of the testi-
mony In the injunction suit Of w. III. New
by against the Board OF Public Works
yesterday Newly a bidder for the
street sprinkling contract March q. The
other bidders were w. C. Buddenbaum and
Remington & Bros. The hearing of testi-
money was largely TO enlighten the court
as to the judgment for costs, as the board
has already rejected all bids.
Eugene F. Harris, clerk of the Board OF
Public Works. testified that he was given
a memorandum on the morning of March
6 showing that the Board of Works. at a
special meeting held March at o'clock,
had rejected all bids. He said he at once
put IL on record He said frequently special
meetings were held and records thus made.
Charles Martindale sought to show by Har-
ris that the board had not acted on March
5 and that MartindaIe had been so informed
at 4:30 in the afternoon of that day. but
Mr.. Harris was not the one who had an
swered him.
Newly, on the stand, testified that he had
bid according to the specifications. The
specifications called for bids for one and
three years and for two or three sprink-
lings daily. and he had bid according to
these specifications and not on the blanks
furnished by the board. These blanks SIM
ply read that the bidder would perform
the work specified at certain price for
each 10000 square feet. Newly said he
found no streets in the schedule furnished
him that required three daily sprinklings-
After waiting from Feb q to March 4.
Newly said he sought E. ID. Logsdon. a
tract. LOgsdOn told him the board had
virtually decided to award the contract
to Remington & Bros, who were the low
est bidders. He testified that Logsdon
said he would try and get Remington 10
t. give Newby district
HAY QUESTIONS NEWLY.
Assistant City Attorney Hay questioned
Newly to bring out the fact that the single
price bid by Remington & Bros. covered
all sprinkling whether twice thrice daily.
Mr. Newly reiterated that no sprinklings
thrice daily were included in the schedule
of streets and that consequently he
garded himself as the lowest and best bid
der. His bid was $3.50. while Remington
* Bros. bid $3.50. He said he had no ex-
perience in the business and that he had
only three wagons and ten teams, although
he knew 1t would take forty wagons and
teams.
Mr.. Hay sought to impress the court with
his view that the board had a perfect right
TO consider these circumstances and TO base
rejection Of the bid on them. Judge Carter
said he did not so believe.
The mere fact that he did not have
vehicles and horses" said Judge Carter. sis
not sufficient The power given the board
TO reject Is based on showing OF irrespon-
sibility on the part of the bidder, or that
he is a man of such reputation that he can
not be trusted with the contract"
Mr.. Newly testified that his attorney,
Martin Hugg. had visited Logsdon and had
been told that Remington & Bros. would
get the contract. He also told Hugg that
he would try to get Remington to give
him a district. Mr.. Hugg retired from the
case because he had begun trial and could
not leave il. Mr.. Newly then employed
Charles Martindale.
Mr. Hugg testified that he had seen Logs
don and Logsdon had told him Remington
& Bros were the lowest bidders and that
the contract would go to them. Mr.. Hugg
said Logsdon said he would do all he could,
having no power. but personal influence. to
secure for Newly the sDrinkling of Cap
itol avenue. Logsdon also told Mr.. Hugg
that Harry q. Gates had visited him to
urge that Newly be given the contract
Mr.. Newly was recalled and testified
that he had not asked Gates to interest
himself in the contract and did not know
why he did
Mr.. Hay at noon urged the court to dis
miss the case, as nothing had been shown
10 sustain the allegations of the complaint
but Judge Carter declined and continued
further hearing until next Saturday at 1890
O'Clock. Mr. Martindale has other witnesses
TO introduce.