The Birmingham age-herald., 1905-09-05
The Barker School VIII Not be Finished According
 to Contract
MORE TIME WANTED ON
 HIGH SCHOOL BUILDING
Resolution Adopted in Regard to Use of AuditorIum-lt is Rent ed for $40 Per
 Night.

At the regular nlonthly meeting of the board of education in the city hall yes- terday. the situation in regard to the Barker school building which was to have been completed by September 15. but which will not be ready by that time. was discussed at length, but final action was def ferred.
 The following were present at the meet ing yesterday: President W. M. Drennen, Vice President Eli P. Smith, Mayor George B. Ward and B. A. Thompson, Dr. J. H. Phillips, superintendent of schools; City Attorney E. D. Smith, Arch itect D. A. Helmich. and Contractor Rob- ert Palestine were also present.
 On motion the regular order of busl- ness was suspended and the board took up the matter of the Barker school.
 D. A. Helmich, the architect for the building. was the first to be heard He said that the building was about half completed. and that the work had not progressed as it should. He said that the contract specified that the wcrK should be completed by September 15. The cause for the delay as assigned by MT. Hell mich was scarcity of labor and trouble experienced in getting material. The weather had also been unsatisfactory, and this was accountable to a certain extent for the delays.
 Attorney H. K. White, representing the contractor, stated that certain unavoid- able delays had occurred One of them was, he stated. the fact that MT. Pal estipe, had been kept out of the city by tho rIfa rap pftpa WI during which time the work had not been man. aged as well as it might.
 Bills Became Due.
 Mir. White stated that while Mir. Pales- tine was absent from the city the bills had fallen due and when he returned to the city his creditors called to see him and asked why the bills had not been paid. An agreement was reached whereby w. W. Crawford was appointed trustee to handle all the funds. He received the money due to Mir. Palestine and pays for the labor and material used. This agree ment was made on August A.
 The agreement between the creditors and the contractor was presented to the board by Attorney White. It provided that all additional funds due the contrac- tor on the work be paid to MT. Crawford, and that MT. Crawford disburse it in the payment of bills for material and labor necessary to complete the building. As estimated by the architect, it-will require sS000 to finish the job. The sum of s55OO borrowed from the American Trust and Savings company and all the bills at pres ent unpaid will be taken up after the of hac kaa raI for.
 The board was of the opinion that it should not act on the natter but should hold the architect and the contractor re- sponsible, and in the event that the con- tractor should fail to carry out the con- tract, then the bond company should complete the building.
 Mir. Palestine stated that if there was a deficit he would make it up personally.
 City Attorney Smith was of the opin- fen that if the board entered into an agreement that it would release the bond company. He also suggested to the board that it act only when the architect said the contract had been violated and not before that time.
 The contract specifics that the architect shall report to the board any irregular ity in the carrying out of the contract. Mir. Thompson stated that s67Oo had been paid to the contractor by the board, and that with the s550O of unpaid bills, s12,2O0 had gone into the building
 Asked About Money.
 A. Stockmar, one of the creditors, asked where that money had gone to, stating that one could tell by looking at the building that it had not gone there. Mir. Palestine replied that he was the con tractor and was responsible for all funds.
 The matter of allowing certain days of Our averprapn Ia wn