Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-02
Attorneys Prepare Resolution
That Causes Much Discus
sion In Council
WOULD VIOLATE CONTRACT
So Says City Solicitor c. H. Van Law
Attorneys For Contractor Declare
Their Move Is Legal, and Will Avoid
Lawsuit-Action Is Deferred Until
Regular Meeting.


Councilman Henry, of the First Wara,
at the adjourned meeting of the city
council Wednesday nigh to the effect
that Ely & Dunn be given immediate
possession of the South First avenue
paving certificates, caused something
of an unroar, following legal dis
agreement that had taken place M
formally before the council convened.
1t was renewed with vgor during the
discussion Of the resolution. and per-
sonalities were freely INDUCED IN.
The resolution, as presented by Mr.
Henry, who moved it's adoption. is as
follows:
BE it resolved by the city council
of the city of Marshalltown, Iowa, that
all certificates for improvement ;nd
paving of South First avenue, Mar
shalltown, Iowa, under the contract OF
Ely & Dunn, be turned over and de-
livered at once to said Ely & Dunn.
BE it further resolved, that the city
clerk be instructed to draw warrants
for the payment to said Ely y Dunn
of the expense and ccst of paving the
intersections of streets and alleys OF
South First avenue, Marshalltown,
Iowa, under their contract. less the cost
and expense which the said city OF
Marshalltown has incurred in the COM
pletion of the contract to comply with
the terms thereof, in the sum Of So
1890"
Immediately upon the motion to
adopt the resolution by Mr. Henry
Mr.. Webster raised point of order,
saying that the action called for In the
resolution would be contrary to law
and contrary to contract. He eX-
planned the contract at some length.
and City Solicitor Van Law was call
ed upon for further explanation.
The city solicitor said that under the
contract the city could not deliver to
the contractor the paving certificates
until the contractor signs a receipt to
the city in full for all claims against
the property. This had not been done.
Furthermore thirty days time must be
given to property owners to sign Walv-
ers at the city clerks office, and this
could not be done if the city delivered
up the certificates at once. The clerk
even if the council adopted the reso-
luton, would have no right to dellVel
up the certificates unless the contract
had been complied with, and his bono
would be liable for his action. This
contract was made to protect the city,
and must be carried out to the letter.
F, E. Northup, counsel for the: con-
tractors, spoke in behalf OF the reso-
luton, saying that the city would be
forced into litigation unless the coun-
Gil delivered up the certificates at once
The contractors were anxious to avoid
litigation, and they were also anxious
to realize the $4,000 or $4,000 on the
certificates.
T. F. Bradford, associate Counsel for
Ely & Dunn, also spoke, and sarcas-
tically remarked that he and his assoc
ciate counsel We're not trying to be
employed by the day, and he would adj
wise the council to seek some other
legal advice than that of the present
city solicitor. Mr.. Bradford ventured
the assertion that If any attorney of
repute in the city were consulted he
would advise just as he, bradford
did; that the law did not mean what
Mr.. Van Law said it did, and that the
contract would not be violated in the
least.
Mr.. Van Law replied somewhat heat
eddy to the personal references made
by Bradford, and said that he was not
forcing his remarks upon the council.
His counsel was asked, and as long as
he was city solicitor his efforts would
be to advise the council as to the best
interests of the city, regardless Of any
bull -dozing effort or grand stand plays
on the part of other attorneys, who had
designed resolution, and concocted a
scheme to pass an instrument that they
knew would be in direct violation OF
the existing contract.
Mr.. Henry, seeing the way the wind
blew for the evening. at least, moved
that the matter be deferred until the
next regular meeting, and this was
done.
City Solicitor Van Law. after the
meeting, said that the scheme of the
contractors attorneys was easy to see
thru, and that it would not work II
his advice to the council We're needed.
Mr.. Van Law says that as soon as the
certificates We're turned over to the
contractors, they would bring suit
against the city for the balance, 81
1890. supposedly eliminated by the
wording of the resolution. All claims
against the city must be waived IN
receipt, before the certificates are
given into the hands Of the contrac-
tors. according to the Interpretation of
~, %S.o ,N{Y,. al AZ tor