The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-12

made. demand on the contractor to pro
coed with the contract, threatening u
notify its bondsmen if it did not com
ply with his request.
THURSTON ADVISES CAMPBELL
CONTRACT Is ILLEGA =,
Mr.. \. N Campbell. one of the bonds
men, thercupon obtained much evidence
upon the subject of the legality ano
fairness OF The specifications. not there
tofore availa BILE to the contractor, and
requested legal advice from L. A
Thurston as to the legal status of the
contract and the bondsmens' response
bilities.
MI Campbell was advised by his
counsel that for various reasons the
Insane Asylum contract was invalid
and illegal; that under the recent de-
cision of the supreme court in the
Brewer wharf case, it cannot be en-
forced, and the contractor would be
subject to be enjoined from proceed
ing with the building even though it
used blocks manufactured under by
draulic pressure; and that it would be
liable to lose all the money that 1t
expended upon the contract
NIL NJelIliIjDC liltiCNi'cIi llCliiACNh 49,
company that he was unwilling that it
should proceed with the contract, and
requested that it so notify the gov
| eminent
ICASTLE AND WILMINGTON AD-
WISE CONTRACT IS VOID.
Mr. CamphelTs letter and the legal
! opinion upon which it is based were
thereupon referred to Castle & With
ington, the attorneys for this company,
and they have corroborated the con-
| illusions reached by Mr.. Thurston, adj
| vising US that the specifications and
surrounding circumstances are such as
to render the contract illegal and 10
make it impossible for this company to
bold the contract, even with the con-
sent of the government.
i CONTRACTORS RELUCTANTLY
t LET GO.
i This company is therefore reluctant
ly forced to the conclusion:
First. That under the facts and cir
eumstances surrounding this contract,
for which it is in no wise responsible,
and under the legal advice of responsible
counsel. it cannot be forced to proceed.
nor can it proceed if it so wishes, with
which requires an impossibility.
Second. That it cannot proceed I'M
der a modification thereof eliminating
the pressure clause, because this would
so change the original contract as to
subject the contractor to injunction at
the hands of rival contractors, who
stand ready to take such action were
the modification permitted by the gov
eminent.
Third. That the evidence that the
specifications are purposely drawn so
as to unfairly exclude competition on
even terms is So strong that it is i'm
possible for any contractor to safely
bid upon them upon any future call for
tenders. if such there be.
CONTRACT WOULD HAVE BEEN
PROFITABLE.
1t is with great reluctance that I am
obliged to do this, as there is a, good
margin of profit in the price bid by
this company, provided it is permitted
to use standard concrete constructing
appara tus, instead of it's being requir-
ed to use machine which does not ex-
list, and to pay tribute to officers of this
to try and invent such a
machine, which when invented will be-
long to such officers and not to the
contractor who pays for it.
1 wish to corroborate the statement
made by other contractors that a brick
building so planned as to be an equiv
alent in strength, finish and water
proof qualities, with the concrete build
ing designed by Mr. Beardslee, can be
built for less money than such con-
crete one. The brick building deScrib-
ed in the specifications is not an equiv
alent of the concrete one, but is a much
more elaborate and expensive one L
1esire to further call your attention to ,
he fact that the specifications are so
Incomplete and imperfect that there
must necessarily be extras to a large
mount in der to properly complete
he building lit for occupation.
FAIR SPECIFICATIONS AND RE =
ADVERTISEMENT ASKED. o
In the interest of fair, honest deal V
ng, of the general public and of the
ontractors of Honolulu who have b
through no fault of their own, been if
ompelled to waste much valuable Il
Ime upon this matter, 1 respectfully Of
equest:
First. That the specifications for the So
insane Asylum may be so changed as
} render it possible for all intending in
ontractors to bid on a fair and equal ~
asis. "
Second. That if tenders are called ia
II a concrete building, the require Il
ents may be so modified that stand w
I'd apparatus for making concrete
oclIs may be used. tn
Third. That provisions which unfair tn
exclude brick construction may be
Vi
Fourth. That when so changed. ten I'll
ers may again be called for, to build de
e Insane Asylum. co
Enclozed herewith please find copies
the opinions of counsel rendered to igl
is company and its bondsmen, in IA
lolng evidence secured by such co
above referred to III