The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-02-25


an application to buy the said junk,
but was informed thai re must apply
10 the contractors for the purchase Of
same. That Mi. Unkefer told the
deponent Two or three days after the
contract was awarded that the COM
mission had referred to him the appli-
, cation dcpoNerr had made to buy the
Junk.
DepOnent further SWearS that he is a
dealer in, and familiar with the market
value OF old iron and other junk, and
that he made an estimate OF and Of
fered the highest market price for the
old iron il was necessary 10 remove IN
placing the dome on the building: that
he regarded the said old iron worth
less for any other purpose than junk
and had he secured same he would
have Immediately shipped it off as
such: that the contractors secured a
higher price from other uarties for a
portion of this old iron than deponent
would have paid for it.
Deponent further swears that he eX-
amined the ceiling removed from the
main lobby Of the State house, While
it remained on the State house
grounds: that said ceiling was galva-
nized iron, and worthless. even as junk:
that the contractors gave it to the de-
t.,
and in turn gave it to the asylum for
the insane.
That he did not testify to the facts
above when being examined before the
investigating committee because the
questions were not asked him.
J. 3. Garfunkel.
: Sworn to before me this 18th day of
February, 1904. D. W. McLaurin,
Notary Public.
EXHIBIT G.
Richmond. Va, Feb. 4, 1904.
Robert J. Can't, Capitol Building:
In my capitol bid I figured on all old
material being my property.
Savannah, Ca, Feb. 19.19O4.
Robt. j. CAN'T:
In making up bid for contract on
capitol there, contractor was to nave
all old stone, iron and other material
on the premises.
J. f. Burgess,
(Of Stewart Contracting Company
EXHIBIT H.
REQUEST FOR OPINION.
Newberry, S. c., Aug. 9, 1901.
Hon. G. Duncan Bellinger, Attorney
General, Columbia. S. c.:
Dear Sir: Pursuant to the permls-
sion Of the commission charged with
the completion Of the State house,
have the honor of asking your opinion
upon question which has arisen ABOUT
the ownership of the old material.
The facts appear in the paper here
with submitted, and the contracts and
the specifications.
The papers submitted consist OF a
partial draft of report OF the com
mittee and copy Of the letter from
the architect.
The minutes referred to- contains the
statement of Mr.. Unkefer, Cne OF the
contractors.
The committee desires your opinion
Under the terms Of the contract and
the circumstances Of the case upon the
question where the ownership OF the
old material rests, whether In the con-
tractors or the State.
Awaiting your reply, l am,
Very truly yours,
Geo. S. Mower, Chairman.
ATTORNEY GENERALS OPINION.
Executive Department, Office of the
Attorney General.
Columbia, S. c., Aug. 26, 1901.
Hon. Geo. s. Mower, Chairman, etc.,
Newberry, S. G.
Dear Sir: I have before me your let
ter relating to the question Of the own
ership of what is known as the "old
material in connection with the con-
tract for the completion Of the State
house.
I note that you say that the commit
tee desires my "opinion under the
terms of the contract and the clrcum-
stances of the case upon the
question where the ownership OF the
old material rests, whether in the con-
tractors or the State"
have the honor to reply as follo"s:
AS I gather them the admitted 1acts
are:
The only pertinent reference in the