The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-18
LEONARD TO GET
BACK THE MONEY
FORFEITED BY THE CITY.
SPECIAL MEETING OF COUNCIL MAY
BE CALLED THIS WEEK.

The Clause in the Bond for the Pro-
lection of Material Men, Was Not
Advertised Before Deposit Was
Made With city, aud Leonard
Claims 1t Was This Clause Which
Prevented Him from Giving Bond.
Money Has Already Gone Into
General Funds of City.
Contractor 5. 5. Leonard viii be
given back the $500, which was for
feIte8 by The city because Of his failure
10 give bond for the construction of
the new City Hall. when the contract
was awarded him.
1t is probable that a special meet
ing of Council viii be called one day
this week TO pass a resolution, return
ing the money though this has not
positively been decided upor.
The money viii be given back be-
cause Of the insertion of "a clause in
the bond, that had not been adver-
tised, and IS nor usually put in bonds
given to guarantee the carrying out Of
a contract TO erect "a building
Mr.. Leonard claimed N a letter to
Council. before new bids were adver-
tised for that the insertion of this
clause prevented him from being able
to give the required bond.
The clause which provided that
parties furnishing material for the
building, could sue on the bond in
the name Of the city in the event the
contractor failed to pay them, is the
one that viii cause all the money to
be given back.
How Leonard Wins Out.
In the city's advertisement for bids,
it was specified that a bond of one
fourth the contract price of the build
ing would have to be given for the
proper carrying out of the contract, but
it was not specified that a caluse would
be inserted to protect the material
men.
1t is contended by Mr.. Leonard that
the clause prevented him from giving
bond. As the clause was decided upon
after the $3.50 deposit was made, it
is argued that the money was not
put up subject to forfeiture under that
condition.
Not "a Usual Clause.
Inc clause is not usually put IN
bonds for the completion of buildings,
because the building itself stands as
a guarantee that the material men will
be paid, except in the case of public
buildings. Neither material men, nor
laborers. however, can attach a public
building under garnishment proceed
ings in Georgia.
The clause was put in by the city
officials to protect the material men,
as they would have had no recourse
otherwise in the event the contractor
failed to pay them. 1t is claimed,
however, that the insertion of this
clause is AL that prevented the bond
being given.
In a letter to Council just before 1t
was decided to advertise for bids a
second time. Mr.. Leonard offered to
give bond, if the aldermen would take
out this clause. The aldermen would
not strike out the clause, because the
material men would have had no pro-
lection.
After Council decided to advertise
for new bids, Mayor Myers forfeited
the money that had been deposited
with the city. The check was cashed
and the money went into the general
funds. Council will, therefore, have to
pass a special resolution returning the
money.
Mayor Myers stated last night he
had not made up his mind whether TO
call a special meeting of Council this
week or not. but that he might do so.