The Hawaiian gazette., 1905-04-14
THE BREWER WHARF
CONTRACT INQUIRY
HAS SECOND SESSION


heading which in the old contract were
termed "merchantable." The fender
planks especially were changed to Sc
lect. For the shed there were no par
ticular changes. The whole specifica-
tions in the old contract called for
clear" lumber and the new for "mer-
charitable"
AS to paving, in the first contract.
there was a call for bitumen or sheath
ing. In the second it was for paving
blocks. Mr.. Campbell said that blocks
sawed from understandable" lumber
was o. X. He knew of only one case
where the blocks were required to be
sawn from clear" lumber. He had
used some from redwood.
Did you show, Mr. Thurston," inter-
posed Mr.. Holloway. that in the new
specifications for the shed merchant
able" was called for?''
That's exactly what / am bringing
out" replied Mr.. Thurston. IT want to
show that the specifications were
changed from understandable to clear
and Select and from clear to 'mer-
chantable,' so that you caught them
coming and going"
Then ensued some considerable dis
cussion between Messrs. Holloway and
Campbell over details in the speciflca-
lions, the former asking IL there were
any particular changes especially for
offices.
Does it call for merchantable? ?" ask
ed Mr.. Holloway.
1T does not call for select" replied
Mr.. Campbell.
Il thought not" concluded Mr.. Hol-
loway.
Mr.. Holloway then produced the ad-
yertisement calling for bids in which
certain classes of lumber were speci-
fed, in which 1t said fender planks"
only should be merchantable, "On the
wharf, explained the superintendent.
Not in the shed?" inquired Mr..
Campbell.
mo. 2 mean the wharf, the ones
which are subject TO considerable wear
and tear
In the old specifications, Mr.. Camp
bell. where is understandable used?"
asked the superintendent
Not often, but it so understood"
IF taken to the courts -"
II don't know anything about the
courts. but anyone familiar with this
work knows it means 'merchantable.'
rs merchantable the best kind of
lumber?"
1T is for that purpose"
That's where / differ from you. 1t
doesn't state anything about pur-
poses"
IF an engineer wanted to be I'M
reasonable he could construe anything
he wanted to do an injustice to the
one interested, Mr.. Holloway"
Mr.. Campbell stated positively that
the specifications showed exactly what
had to be used. He stated this with
some acerbity under Holloway's con-
| tinual and monotonous request for
Mr. Campbell to state whether "mer-
| charitable" was called for.
1T is indefinite then"
mo II is not indefinite. 1t is well
recognized that 'merchantabie' is
known to be the lumber not otherwise
specified
'Then you say there is no merchant
able mentioned here" asked Mr.. Pros
ser.
THAT question has been answered
half a dozen times" interposed Mr
Wilmington.
II am not examining you, MFR. With
ington," retortsd Mr.. Frosser.
But that question has been repeat
ed continually and has been answer
ed" said Mr.. wilmington.
''Nou are quiipbling now saiE Mr..
Campbell 10 Mr.. Prosser. II have an
swerpd yorr question fully. There is
certain thing known as custom -
You must answer my question. I
am a humlse seeker after che truth,
and we are after facts. 1t doesn't say
'merchantabls' does it,"
mr.. Prosser, you are being answer
ed"
He then read the specifications which
showed the Government was fully pro-
tected by a clause that every piece OF
material shall be subjected to a rigid
Inspection and il found defective; can
be condemned and must be removed
from the work
II can't find understandable in the
specifications" eontirrled Holloway.
1T is understood when clear and
select are not mentioned that 'mer-
chantable' is understood" added Mr..
Thurston.
stood you to- say last night that you
did not use 20 OF. copper
II did not say positively. was told
that is OF. had been used on the cham
mel wharf"
Then under your administration,
you kept 20 sE. in stock?"
mo, l did not keep II in stock, but
there was Some 20 OF. copper belong
ing TO the department"
What about the naval dock. was
not 20 OF. copper used there?"
II asked Mr.. Cation and ne said IS
or was used
You gave the impression last night
that you did not know of any 20 OF.
copper used by the Government
II don't think l said so, but you are
going into records which might show
this stock was carried for ten years.
The is OF. copper Is 81 gauge. 90 OF.
is 90 gauge, the difference between
them is zoos of an inch"
MIR. Campbell" said Rep. Harris,
where the best quality of lumber is