The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 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 q good job. Not being ourselves
competent to pass upon q technical
point OK this nature, We knew no high
er or better authority 70 whom we
could refer the matter. That we had
secured q most desirable contract IN.
der sufficient specifications we felt con-
vinced and satisfied when the other
bids submitted under them ranged up
as high as s2l2, 900, which seemed to
be the price necessary to justify tnat
contractor in engaging to erect the
work according TO the accepted re-
auirements. The difference in the low
est bid and the one next to it Of nearly
$4,000. absolutely precluded any Idea
of colIusion in awarding the contract.
There is q general impression 9os-
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 sag
gested by the Legislature when defining
the duties Of the commission. There
being an utter absence OF any mention
Of a bond in connection Herewith, IT
is clear that the bond actually taken
was one required BY the commission
solely upon it's own motion and in or
der the better to aid them III enforc-
ing the performance Of the contract
which they entered into with McIlvain-
Unkefer company. We take the posi-
ton that this bond was not at any
time under the control of the legisla-
ture, and that it became, according TO
it's terms, utterly null and void as soon
as this commission, acting through a
majority of its members, expressed
itself as satisfied with the performance
Of the contract which it secured. The
commission having accepted the work
of the contractor, the bond given TO
secure the performance Of the contract
to the satisfaction Of the COMMISSION
became ipSo facto cancelled ana an
nulled, when the commission expressed
itself satisfied with the job; and the
endorsement upon the bond was merely
a ministerial duty done by the gov
ernor and which we are convinced ne
could have been rnandamuse6 to do
under the circumstances. We are in
formed by the members who belong to
the lagal profession that if said bond
were now in possession Of the officers
of the State unmarried by any endorse
menc, the plaintiff ir interest could
not recover under the facts without
alleging and proving fraudulent COL
lusion 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 collusion is even suspected.
Furthermore, at a meeting held SUP
sequent 70 the endorsement made oy
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.
II 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 it in his bid than they
could get for it otherwise, but ques-
tons would have been continually arlS-
ing as to the expense. etc., of removing
this old material, and Of getting 1t out
of the way It cost several hundred
dollars to get the old iron alone down
from the roof Besides. the approprla-
ton for the work was limited, and the
commission desired to put in the build
ing in value all that the FUNDS az
their disposal permitted. Not only dlo
the architect. as the agent OF the COM
mission, inform the bidders personally
that the specifications would oe SO con-
strued, (See opinion Of the attorney
general, exhibit H, but there is abun-
dant evidence that all who filed a Did
for the work did so on the basis Of
getting in partial payment the old ma
terial that was removed. Mr.. J. 3.
Garfunkel. the man best qualified TO
know this fact, the man whom the
investigating committee itself sum-
noned to testify in regard to this o!o
material, SwearS that he knows or ms
own knowledge that the different ola-
ders for the work filed their bids upon
the basis that the old material. all OF
II, would go to the contractor. (See
affidavit of ]. 5. Garfunkel. exhibit y.
If any further evidence Of this fact was
necessary the reply Of W. A. Chester
man, one Of the bidders. and or J. -.
Burgess, another to the same eHect, IN
response to a telesra phic inquiry that
GIN my capitol bid I figured on all old
material DStlS my pioPeel ~
egrams. exhibit g. should do so.
NO one doubted for an instant that
not only as a matte Of right but under
the strict letter G, the law and the
contract this old material weht to the
contractor, until over a yea: after the
contract was let, when Senator Maj
shall filed his protest. An invesuga-
ton resulted. when tie fact developed
that the contractors had actually al
lowed the State a crec:;t for this old
material in their estimate sheets.
Thereupon the attorney genera! save
10 the commission this opl':on, when
has been completely ignored ~ the IN
yestigating committee, notWiAistano-
ing the fact that it was in their pos-
session: that not only Of right, but OF
law, this material. under the contract,
was not the States. (See opinion at
torney general. exhibit H.
Every member of the commission eX-
cent Senator Marshall believed had
they attempted to claim this old ma
terial under all the circumstances. .uey
would have been acting not only ur-
fairly, but dishonesty. with the con-
tractor. The contractor had actually
given the State value for this material,
and the specifications had been SO con-
strued and made absolutely plain pc
fore the bids were even filed. The pee
nile OF the State do not ask their pub
lie servants to DO dishonest deed. In
our opinion it would have been dis
honest to have attempted to take from
tho contractor that for which he had