The Birmingham age-herald., 1904-01-14
w. M. Drennen,

him but little information on the subject He said the people were getting 1eary and thought that We should act He asked me if 1 did not think the delay in awarding the contract was worse than paving a difference of between $8000 and $1O,c00 on the estimate of the engineer and the bids presented. Cannot remember any otker conversation l had with MT. Dren- nen about this matter.
 On cross-examination MT. Nolan testi- fled: q thought the bids at the first let ting were too high and voted with the other members of he commission to re- ject the same. I knew of no false bid presented by Mr. pt nelson or any other contractor"
 kendrick Testifies.
 Julian Kendrck was the next witness called by Captain White. He testified on the stand:
 'I am the engineer of the Jefferson county sanitary commission. John E. Dcrelson, of the Donelson Construction company told me some time before Juno 20 1902. that MT. Drennen was trying to get him to enter into an agreement by which Mr Drennen was to get $l00O0 for assisting the three firms in getting the contract for building the sanitary sswer."
 A motion to exclude the last statement of the witness was overruied by tine -ef- cree The motion to exclude the testmo- ny was made by Attorney Miller and re- sisted by Captain White.
 Continuing. the witness testified; 'I ad- vlsed Mir. Donelson Nto carry the matter no further as there was nothing to it, in my opinion.
 One night MT. Donelson came to my house and told me that he had held a conference with MT. Drennen and that he had told him he could control Com missioners Smyer Notion and Gillespy. I told him did not think there was any thing to It as these three members of the commission would skin flea to secure low prices for the work of building the sewer I immediately afterwards went to see President Anderson of the commis- sion and Commissioner Gillespy, intending to tell them what Mr. Donelson had said to me. Neither was in his office and then I walked up the street to the office of MT. Jemson to see him about it.
 Told Jemlson.
 My recollection Is that Mir Jemison was not in his office but that l met him at the door as l was leaving. l told him about the rumors adding that l did not think there was anything to them. I then made up my mind, as had some reputation as an engineer and for hon l esty, that I would resign my position | with the commission. l told MT Jemison this and he said there was nothing to it. l in his opinlon that the commission had utter confidence in me as an engineer and | that the body would be controlled alto gether on my estimates. MT Jemison was the only member of the commission 1 told about the natter
 l A motion by Attorney Miller to exclude this testimony upon the grounds that it was heresay was overruled by the referee.
 Controlled by Figures.
 "The contract was let on the figures in my estimate,' continued witness Ken drick. 'The commission always seemed to be controlled by the figures I made. The estimate of the total cost of this san itary sewer which will be fifteen miles in l length Is S3O00O0. The bid of Dunn & I.allande covered the entire work contract. This was a higher bid than that of the three other firms The bids were received and opened in the presence of the con tractors When they were not rejected immediately, however, they were consid- cred in executive session. 1 had no knowl- edge that any bids were to be put in l with the understanding that the same were to to rejected by the sanitary com | mission I will state, however. that it is | common thing for contractor to sub init bid for work and to say later that he hoped his bid would be rejected, be- cause his estimate was too low.
 Commissions instructions.
 "The commission went so far as to in- | struct me to advertise for bids for ma 1 terial for the purpose of taking the build 1 ing of the sewer in hand. This adver- tisement appeared at the same time the request for other bids for building the sewer did. Very few bids for material | were received, however, as some of the i material men stated to me that they did not desire to present a bid until they were assured the commission would take ] the work of building the sewer in hand themselves l reported to the commis- sion that I expected to receive outside l bids for constructing the sewer. At the letting on May six bids were presented. After the letting on May 20 no outsiders offered bids The scarcity of bids was discussed by the members of the com mission. I did not take the radical view | Of the commissioners that combination had been formed. Several outside firms explained to me why they did not offer bids on large portions of the work
 From What DoneIson Said. T gathered from what MT. Donelson f told me that the $10,000 to be paid to MT Drennen was to go to certain mem- bers of the sanitary commission. The sum of $10O00 was certainly mentioned to me by MT. Donelson. I did not men | tion this matter to MT. Motion. MT. Smyer or MT. Gllespy, although I went to the office of MT. Gillespy to see him about it. Acting upon the advice of MT. Jemison I decided to say nothing fur | ther about the matter. The last bid would not have allowed the contractors to give anything like s10,000 to anyone. The original appropriation was $500, 600, but we thought this sewer could be built for s30O.00O, leaving s2000o0 for the construc- tion of the other sewer"
 | Cross-examination: At cost of something less than s900,000 to the com l missioners, the contractors should have been able to make a profit of ten or fif- | teen per cent The only information I ever received about the $10,0O0 was from Mir. Donelson, and I did not attach any importance to it. I knew of no bid of Mir. Donelson that was so high the com mission would not accept it. had no understanding with MT. Donelson about bid of this kind Brick would have cost the contractors approximately be- tween s7 and s per thousand, delivered on the line of the sewer at that time. Mr. Drennen never approached me on the subject of the contract
 MT. w. M. Drennen told me that Mac Drennen was figuring on furnishing sup | plies to the contractors and would like to | have a talk with me. Mir. Drennen came l down to my office and asked me such ---~--~~>---~-~>~---~ fContinued on Eiohth Paoel