The Hawaiian gazette., 1905-01-13

that IL was impossible to make the
blocks called for. under pressure. be-
cause no machine existed which could
make them: that contractors should
not be compelled to bid on a contract
which could be carried out only by the
use of an uninvented machine, under
control OF government official SUI
pervising the job. He was requested
to permit the contractor to proceed
with the contract, making the blocks
by the standard hand method.
Mr.. Holloway refused the request.
stated that there were q number Of
machines capable OF making concrete
blocks under pressure. In accordance
with the specifications, and insisted
that the contractor proceed with the
work.
This company asked that the matter
be referred to the Attorney General
for an opinion. This was done and an
opinion obtained, which dealt entirely
with an undisputed law point, and did
not cover the grounds involved.
Mr.. Holloway then suggested that
the matters in issue be arbitrated.
Arbitration was considered, but the
points to be arbitrated could not be
agreed upon in such form as, in the
opinion OF the contractor. to fairly de-
eide the matter.
NO PRESSURE MACHINES AVAIL
ABLE,
Mr.. Holloway thereupon peremptorily
ordered the contractor to proceed, fur
nishing the names and addresses of
four makers of machines which he
claimed would make concrete blocks
called for by the specifications.
The contractor desiring to carry out
the contract if possible, Mr.. Amweg
thereupon went to San Francisco and
made an exhaustive investigation or
concrete block pressure machines.
He found that for years experiments
have been carried on by many people,
to construct a machine that would
make concrete blocks by hydraulic
pressure;
That no hydraulic machine has yet
been invented which makes blocks of
the size or type prescribed in the speci-
fications of this contract:
That no machine has yet been in
vented which makes blocks under hy
draulic pressure, of any type, except
large plants for factory purposes where
blocks are made on large scale for
sale. Moreover, the blocks SO made
are of radically different type from
those prescribed in the specifications:
. That of the four manufacturers
whose names were furnished by Mr..
Holloway, two make only hand ma
chimes, and two make factory plants
of a character above referred to. One
only had made a portable machine,
which II had advertised. Mr.. Amweg
entered into negotiations for this ma
chine, but found that the company had
discontinued its manufacture as it was
unsatisfactory; that they were still ex-
perimenting with it, and hoped to per-
feet it; that they would make such a
machine If desired but would not guar
antee that it would do the work, and
recommended hand machine made by
themselves, as being the best on the
market.
CONTRACTOR CONSENTED TO
CANCEL CONTRACT.
Meanwhile the contractor had, at the
request of the Governor, made a full
statement to him of its position, in
Guiding many details not included
herein.
Before considering the subject the
Governor, in writing, inquired If he re-
quested the cancellation of the con-
tract, whether the contractor would
consent thereto.
a In
December s, 1904, that it would cancel
the contract IL the Governor requested
it. Such consent has never been with
drawn and still stands.
About this time Mr.. Holloway again
made demand on the contractor to pro-
coed with the contract, threatening to
notify its bondsmen If it did not COM
ply with his request.
THURSTON ADVISES CAMPBELL
CONTRACT IS ILLEGAr,,
Mr. A. n. Campbell, one of the bonds
men, thereupon obtained much evidence
upon the subject of the legality and
fairness of the specifications. not there
tofore available to the contractor and
requested legal advice from l.. A.
Thurston as to the legal status of the
contract and the bondsmens' RESPONSE
bilities.
Mr.. 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 1t
used blocks manufactured under hy-
draulic pressure; and that 1t would be
liable to lose all the money that 1t
expended upon the contract.
Mr.. Campbell thereupon notified this
Company that he was unwilling that 1t
should proceed with the contract, and
requested that 1t so notify the gov
eminent.
CASTLE AND WILMINGTON AID
WISE CONTRACT IS VOID.
Mr.. Campbelrs letter and the legal
opinion upon which 1t is based were