The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1904-02-24

work, in which they declared not only
That the plans were sufficient but that
If the true intent and spirit of them
was carried out the State would Sc
cure n good Job. Not being ourselves
competent to pass upon a technical
point of this nature, we knew no high
err or better authority to whom we
could REFER the matter. That we had
secured n most desirable contract UNI
der sufficient specifications we felt con-
WINGED and satisfied when the other
DDS submitted under them ranged up
as high as $2l2.000 which seemed to
be the price necessary to justify that
contractor in engaging to erect the
work according to the accepted re-
q~uirements. The difference IN the low
est bid and the one next to it of nearly
$4,000, absolutely precluded any idea
OF colluSion In awarding the contract.
There is a general impression fos-
tered by this report. If not created
thereby. that the act creating the COM
mission for the completion of the State
house directed that said commission
should require bond from the con-
tractor. 1t will, therefore, be a sur
prise to most members OF the general
assembly and the public to be informed
OF the fact which is now stated, that
no such bond was required or sug-
gested by the legislature when defining
the duties Of the commission. There
being an utter absence of any mention
or u bond in connection herewith, it
is clear that the bond actually taken
was one required by the commission
solely upon it's WI motion and in or
der the better to aid them in enforc-
Ing the performance of the contract
which they entered into with McIlvain-
Unkefer company. We take the posi-
ton that this bon was not at any
time under the control of the legisla-
ture, and that it became, according to
it's terms. utterly null and old as soon
as this commission, acting through n
majority of itS members, expressed
itself as satisfied with the performance
OF the contract which it secured. The
commission having accepted the work
or he contractor, the bond given to
secure the performance of the contract
to the satisfaction of the commission
became ipso facto cancelled and an
nulled, when the commission expressed
itself satisfied with the job: and the
endorsement upon the bond was merely
u ministerial duty done by the gov
crIFor and which we are convinced he
! could have been lnandamused to do
under the circumstances We are in
FORMED by the emDcrS who belong to
the legal profession that If said bond
were now In possession Of the officers
of the State unmarried by any endorse
mcnt, the plaintin in interest could
not recover under the facts without
alleging and proving fraudulent col
fusion as to acceptance of the work be-
tween the commission, the obligees and
the contractors, the obligors, and the
members of the investigating commit
tee have given public assurance that
no such collision is even suspected.
Furthermore. at n meeting held sub
sequent to the endorsement made by
the governor, the attorney general re-
ported informally to the commission
that the governor had satisfied the
bond upon his legal advice.
THE OLD IRON AND OTHER JUNK.
1t was never the intention OF the
commission to reserve to the state
the old iron and other junk removed
from the building. Not only did they
believe that the contractor would al
low more for 1t in his bid than they
could get for it otherwise. but Ques-
tons would ave been continually aris-
ing as to the expense. etc, of removing
this old material, and of getting IL out
of. the way. 1t cost several undred
dollars to get the old iron alone down
from the roof. Besides. the appropria-
ton for the work was limited. and the
commission desired to nut in the build
ing i'll value all that the funds at
their disposal permitted. Not only did
the architect, as the agent of the COM
mission. inform the bidders personally
that the specifications would be so con-
strued, (See opinion of the attorney
general, exhibit H). but there is album
dant evidence that all who filed a bid
for the work did so on the basis Of
getting in partial payment the old ma
terial that was removed. Mr.. j. Is.
Garfunkel, the man best qualified to
know this fact, the man whom the
investigating committee itself sum-
moncd to testify in regard to this old
material, swcarS that he knows of his
own knowledge that the different DC
ders for the work filed their bids upon
the basis that the old material, all Of
II, would go to the contractor. (Sec
affidavit of j. II. Garfunkel. exhibit j..
II my further evidence of this fact was
necessary the reply of w. A; Chester
man. one OF the bidders. and OF j.. IL.
Burgess, another to the same effect, in
response to n tclcSraphic inquiry that
GIN my capitol bid L figured on all old
material being my property See tel
cgramS, exhibit g. should do so.
No one doubt for an instant tina
not only as a matter of right but under
the strict letter of the law and the
contract this old material went to the
contractor. until over II year after the
contract was let. when Senator Mar
shall filed his protest. An investiga-
ton resulted. when the fact developed
that the contractors had actually al
lowed the state n credit for this old
material in thcir estimate sheets.
Thcrcupon the attorney general ave
to the commission this opinion, which
has been completely ignored by the in
~vcstigating committee, notwithstand-
ing the fact that it was in their pos
session; that not only of right, but Of
was not the States. (Scc opinion at
torney general. exhibit HI
Every member of the commission OK
ccpt Senator Marshall believed had
they attempted to claim this old ma
terial under all the circumstances they
would have been acting not only UNI
fairly, but dishonesty, with the con-
tractor. The contraC tor had actually
! given tho state value for his material,
and the specifications had been so con-
strucd and made absolutely plain be-
fore the bid were ever filed. The pco-
pie of the state do not ask their pub
lie servants to do n dishonest decd. III
u opinion y would have been dis
honest TO have attempted to take from
! The contractor that for which he had
paid.
If demand is made that the state
shall attempt to dishonesty rctakc
from, tho confirmation tho x,nInn of p-cn-