The Dolores star., 1905-09-08

Consequently the board OF directors
again met Mr.. Henry Mt its ofYice in
Cortez, Colorado, and thoroughly dis
cussed the various phases Of the pro-
posed contract, but as the board could
not see It's way clear to sign the con-
tract As formulated, because Of a num-
Der Of objectienaI features In said con-
tract. The secretary of the board then
stated that he would not, Under any
circumstances, sign the contract as
formulated without first having same
examined by the other attorney em-
ployed by the board of directors. Then
Mr' Henry asked, '.<Vho Il your other
attoruey?n and when told that Hon..
John G. Bell had been employed by
the board. be stated that he could not
Bell; (though We have since learned
that'a few days prior to that date Mr..
Henty had been in the ofice Of Bell Il
Catltp At Moutruse, ColorRdo, for more
than an hour discussing the various
topics Of the day but that Mr.. Free
m&ii could meet tile board of directors
with Its attorneys, Carpenter and Bell,
and execute the contrAct; and on the
18th day Of May, 1908. Mr.. Bell came
here and examined the proposed con-
tract as formulated, but he advised the
board Of directors not to sign the pro-
posed contract as formulated as he con-
sidered many of the provisions In pro-
posed contract inadequate, vague and
misleadlHg and, in his opinion, ifsigned
woildl lead to endless litigation; The
vague terms used in proposed contract:
"Upon the completion Of all other
work necessary in the performance of
the work agreed to be done by the first
party herein, there shall then be de-
livered to first party, the balance
OF the DISTRICT bonds due ac-
cording to the price herein agreed to
be paid BY second party and still upde-
Judge Bell called Mr.. Carpenter,s at
tentiOn to the nboye clause, and asked
him what that amount was for2 Mr..
Carpenter answered that he did not
know unless it was o rakeof. Last
Saturday MIR. Henry explained the
above, in that it was the amount they
expected to clear on the contract }
Then Judge Bell said that new con-
tract would haye to be drawn, that he
contract so wholly Insufficient ip its de-
tails.
Carpenter aud Bell then formulated
another contract aud submitted the
same to the board Of directors and also
to B. N. Freeman, representative Of the
party of the first part; and contract
was accepted by party Of the frst part,
and accepted and signed by party Of
the second parton the 10th day of May,
1905. 1t was then delivered to b. N.
Freeman with the understanding that
the same was to be signed and executed
Immediately. At this time Mr.. Free
man stated to the board and attorneys
that he would at ONCE proceed to
Chicago aud have the contract ex-
ecuted, and on last Saturday, August
26th, Mr.. Henry stated to the people at
Cortez, Colorado, that Mr.. Freeman
cceded IN getting contract signed that
was practically the same as the first
contract, hut be says that on joining
Mr.. Freeman on our way to Chicago
I examined the contract and at once
saw that we could not sign the con-
tract, for Longenbaugh wanted to have
the contract defeated and he had Bell
| to insert this clause which was fatal to
the signing of the contract:
| "It Is hereby understood and admit
ted, that none of the plans or specifica-
tions provided for herein have been
! completed or submitted to the party of
the second part; but the party of the
|! first part hereby agrees to Immediately
7, have the plans and specifications above
provided for prepared, in detail and
filed in the Office of district secretary
that the electors of said district may
have abundant time In which to ex-
anime the same before voting on this
contract, or for bonds to put its provi-
! sions in force; and it is further expressly
agreed and understood that no plans or
specifications that may be submitted
by first party shall commit said district,
any elector thereof or any officers of
said district to an acquiescepce in, ad-
mission of, or acceptance of the suff1-
cienoy of any part of said plan or rspeci-
fications; but the general provisions of
this contract as to the standard of en-
gineering and good workmanship IN
said state shall be regarded as the con-
trolling standard of efficiency applying
to all the provisions of this contract"
Now. II Mr.. Henry knew at that
time that the contract could not and
would not be sighed, why did he not
SO state to the board of directors? He
claims that they did not have time in
| which to make and file their plans and
| than three months in which to file their
plans aud specifications, and in addi-
| tiOn to that the board offered to ex-
! tend the time another month.
The board of directors did not hear
from Mr.. Freeman for several weeks
after getting the contract In his pos
session, with reference to the signing
| of the contract. Then Mr.. Carpenter
wrote him and stated that the board
wanted to know why the contract had
not been signed by, first party. Then
not be signed until they were advised
as to the number of acres of tilable land
| In the district.
Now, is It a fact that they have failed
to finance their proposition? And are
/ they now trying to lay the trouble at
! the door Of the board of directors? And
are they trying to prejudice the people