Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1904-02-24

plans,s specifications or written contract
OF the use or ownership OF, the "old ma.
teSial" IN question is to be found in
the specifications. I'm the following
worusi The successful contractor viii
be permitted to use all old material
that is now on the ground, and such
parts, OF the present roof that conform
to these plans and specifications. hut 81
is understood that the marble now on
the grounds is not included. This only
covers the granite columns. balusters,
old IRON bracing, granite. etc., in the
foof that is suitable, and the proper
size that is called for. IL In doubt con-
suit the architect on this subject be-
fore making n bid @ 5s.
z. Before bidding on the work Nc
llyain-Unkefer company, as well as
other competitive contractors called
upor the architect, r. p. Milburn. Tor
an interpretation Of the clause quoted,
concerning which they were I'm doubt.
3. The architect Informed the con-
tractors that the contractors bidding
Tor the work would get such, old ma
| terial,' and would be permitted to use
such old parts as would conform with
! the new plans and specifications.n
(See Milburns letter, July 81, 19O1.)
a. Acting upon the Interpretation
given by the architect McIlyain- Unke-
fer company. after making allowances
value of the "old material" to them,
put III their bid for the contract, and
was duly accepted by tie commission.
O.. One Mr. Garfunkel. n junk dealer,
submitted to the commission q PROPOSE
ton to buy the copper and old iron
then in the old roof, and the commits
sion, upon accepting Mc1lvain-U -Unkefer
company's bid, ordered that the COM
munication Of Mr.. Garfunkel be turned
over to the successful bidding con-
tractor, upon the ground that the said
old material" was at the disposal of
the latter.
The clause quoted for the specifca-
tions bears internal evidence of con-
scious ambiguity, and the conflicting
interest Is susceptible Of various in
terpretations. 1t Is easy to conceive
that the bidding contractors could
claim with a show of reason, the title
to the "old material I'm question, and
inasmuch as the paper containing the
clause was prepared for and in behalf
of the commission, and the law would,
as understand It, construe the con-
tract strictly against the commission
and in favor of the bidder, for one rea-
son, among Others, that in cases of
doubt. the construction by the con-
tractors must be given the benefit of
the doubt, inasmuch as the commis-
sion, as the author OF the specidca-
tions. must suffer, IL either party must
on account of ambiguity.
But think that up to a very recent
date 1T had been the understanding on
all sides that the contractors should be
the owners of the old material, and
the facts as found seem to me to pre-
clude any other conclusion.
The statement of Milburn, the archi-
feet, speaking on behalf Of the commits
sion, the known conduct of the con-
tractors, based upon Milburns inter-
pretation, the acceptance of the bid
based upon the supposed ownership by
the contractors OF the "old MATERIAL"
and the declination to treat with pro-
posed purchaser for the sale of the old
material, and the reference of his bid
to McIlvaine Unkefcr company all
eStop the commission from claiming
the "old material I'm question.
Hoping that this will meet with your
approval, am, at
Very truly yours
(SigncdD G.. Duncan Bellinger,
Attorney General.
Upon motion of MIR. Mower the opin-
ion of the attorney general was ap-
proved by n vote taken viva voce, Mr..
Marshall voting against II.
EXHIBIT l.
Columbia S. c.. Feb. Is. 1904
This certifies that i'm the fall of 1901
] bought from J. B. Garfunkel, for the
use of the State hospital for the insane,
for the amount of $500 lot of gal
vanined iron railing and that he
threw in as worthless, a lot OF metal
ceiling, which he said we might have
for hauling off The ceiling is now ly-
ing In a rubbish heap in the back yard
of the hospital
j. w. Babcock.