The Hawaiian gazette., 1904-03-15
FRAUD TALK
FLUNG BACK
Lucas Bros. Make
Answer to Mr..
Kendall.

Lucas Brothers have filed lengthy
answer to the bill for injunction
brought by Herbert Kendall against
Superintendent of Public Works Hollo-
way and themselves, to prevent these
defendants from receiving a contract
for erecting the Lahainaluna Seminary
buildings.
They allege that their bid of SS5,516
was the lowest and best bid for the
work. 1t was further submitted in
accordance with the plans and speci-
fications on file in the office of the Su-
perintendent of Public Works, on Janu-
airy 90 amended and changed by the
Superintendent before the date set for
the opening of the bids, by eliminating
the item of pay for the cost of gov
eminent inspector at 81 day. 1t is
explained, in the course of the answer.
that the reason for cutting out this
item was the information that the prin-
cipal of the Lahainaluna Seminary had
sufficient technical knowledge to do the
necessary inspection of the work on be-
half of the Government.
These defendants claim that Mr.. Ken
dali had constructive notice of the
change in specifications, though ques-
tioning his right to be given such or
any notice, in accordance with circum-
stances they describe. They say that
it is a rule of the Department of Pub
lie works that prospective bidders for
any work shall register at the office of
the department, paying a fee of 50,
which entities them to receive copies
of the plans and specifications. All
registered bidders are notified of any
changes made before the date of OPEN
ing the bids. These defendants having
registered in this case received notice
eminent inspection. Mr.. Kendall, as
they claim, did not register. He had
claimed to have sent written request
to the Superintendent of Public Works
for copy of the Lahainaluna plans
and specifications. This Mr.. Holloway
denied but upon a search discovered
such a request attached to Mr.. Ken
dall's bid for the Laupahoehoe school
building, which of necessity was I'M
der seal on deposit in the office until
the bids for that work were opened on
the first day of February. Hence the
Superintendent had no knowledge of
the request until after the bids for the
Lahainaluna buildings had been opened.
In the meantime, these defendants on
information allege, Mr.. Kendall about
the first week of February applied to
w. w. Harris of Levers & Cooke, lum-
Der dealers, for copy of the Lahaina-
luna plans and specifications, tenders
for the work being open until noon of
February II, and that thereupon Mr..
Harris forwarded copy thereof to the
plaintiff. who was then in Hilo, Lew
ers & Cooke having registered and paid
the fee of S. emitting them to procure
the documents. 1t is claimed that
Levers & Cooke had been notified of
the change in question, therefore that
the plaintiff through them had con-
structive notice at least of such change.
Moreover it is alleged that plaintiff
came from Hilo to Honolulu several
days before the 18th of February,
land had ample means of informing
himself of the charge aforesaid, and If
he was not notified of the change in
question and did not know of the
change in said plans and specifications
it was not the fault of said Superin-
tendent of Public Works or Of these
defendants. That said Superintendent
of Public Works at the time said
change was made in the specifications
had no means of knowing, and was
under no obligation to know, that plain
tiff was bidder for the school build
ings in question, and defendants say
in this connection that plaintiff had
failed to take the necessary steps to
entitle him to such notice.
Furthermore" Lucas Brothers say
in conclusion, these defendants verify
believe AID charge that plaintiff well
knew, at the time he filed his bid as
aforesaid, of said amendment to the
plans and specifications, and that his
bid was in fact made on the amended
specifications, and that plaintiff is at
the contract in question by falsely
claiming now that his lump bid afore-
said did in fact include seven months
pay for a public inspector at 81 per
diem, and in this connection defend
ants say that seven months was an
length of time in which to
erect said buildings, and that the item
for plastering as set forth in plaintiffs
original bill herein was excessively low
and that no such bid for the plaster
Ing work was justified or could recoup
the bidder making the same"
The answer is signed by Thos. r.
Lucas, Charles Lucas and John Lucas,
and sworn to by John Lucas on be-
half of himself and his partners.
."s~s"s"s-s-s-s &c. &c s~s"s"s..
fatty with the statement that IL was
generally known "V. c." stood for
very good" and &C." for good" The
discharges of all four llbellants We're
marked "V. c." which counsel held
effectually of their detraction
by the defense. Mr. Dunno argued from
law the responsibility OF shipmaster
for the treatment of his sailors, at the
same time contending from the evil
dence that Il was not true the captain
Of the IVanhoe never saw acts OF
committed by Hayward, his
first mate, Incidentally he stated that
the finest vessels sailing out OF New
York ana which paid dividends right