The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-06-07
CLASH OVER NEW SEWER
CONTRACTOR HERRlcK SAYS HE
WILL SUE CITY.
THE PLOT SEEMS TO THlckEN

As a Result Of Wednesday Nights
Council Meeting, the city and Con.
tractor Herriek and Farther Apart
on Sewer Price Than Ever.
The city council has accepted the
new sewer system but Contractor Her.
rick has not accepted the city's ac'
ceptance. lie left Norfolk Thursday
noon declaring that he would not gaze
at the warrant waiting him In the
city treasurer's Office until 1t reached
bigger dimensions than authorized by
the city council. Moreover the con-
tractor said that he was arranging to
have his inning in court and when he
talked of the threatened suit against
the city II was In generous figures.
Here are some Of the items on which
Mr.. Herrick in Norfolk yesterday de-
clarcd that he was going to sue the
city: First he would sue for the full
amount of the contract price, $780,.
5700S not deducting the $4,000 bond
discount he had authorized by wire;
he would sue for $ii3 interest on &C.
count of delayed payment; he would
sue for $500 for extra construction;
he would sue for $l,SS5 as profits
which he would have secured If he had
laid drain tile In connection with the
sewer as originally contemplated; he
would sue for 1856 as profits which
he would have made in making private
connections with the sewer II the city
had not prevented him fro mfulfllling
the contracts.
This Is the way the sewer complica-
ton reduces itself to figures: 1t Is
agreed that the contract price of the
sewer is $32,57O,OS, From this sum
the council deducted $3922.47, $4,000
OF the reduction being authorized by
Herrick when the city was forced to
discount the sewer bonds for $500
and the remainder representing city
bills for water and labor. Contractor
Herrick before the council wanted the
reduction limited to the $4,000 dis
counted and wanted $500 added for
extras" and 1852 for six month bond
interest alleged to be due from the city.
In his threatened suit the contractor
would wipe out all reduction of the
contract price and add $3,5S6, thus
extracting from the Norfolk treasury
tate the city standing for the $4,000
bond discount II the suit tlourshed
Contractor Herrick received a war
rant for $24,696,06 from the city as
a partial payment during the past
month.
An open break between the city
council and o. p. Herrick of Des
Moines, sewer contractor, occurred at
the council meeting Wednesday even
ing. The meeting, adjourned from
Tuesday nights session, left the coun-
Gil and the man who has built the new
sewer system farther apart than ever,
The council voted to accept the sewer
system, completed last week. allow
ing the contractor the contract price
according to the city engineers fig
ures but deducting a city water bill
of $567,S2, a city labor bill of $1,000
and bill of $114,75 for raising water
mains where they blocked the prog
ress of the sewer mains. Contractor
Herrick's bill of $500 for extras and
claim for some six hundred dollars
accrued interest were not recognized
by the council.
Contractor Herrick, present at the
Wednesday meeting, protested against
the action of the council, declared that
he would not accept the councils of,
O., 60 h,,t
tute a suit in the courts against the
city. He declared and the councilmen
denied, that the city was not keeping
faith In regard to an oral agreement
whereby he was to have received SIX
months back interest on the bonds
which he had agreed to take instead
of cash. Councilmen said that wher
Herrick authorized the sale of the
bonds he also sold his back interes
claims which appear never to hav,
been made a matter of record. Con
tractor Herrick then said that tn,
council having, as he claimed, violated
an oral agreement with him, he woul'
proceed to jump away from all mod
tications of the original contract
When the council assemble
Wednesday evening from their &C
journed session of Tuesday night, tn
conference committee reported that
had been unable to reach an agree
ment with the contractor as to tn
items in dispute. The discussion c
the evening previous before was r.
counted City Engineer Salmen sal
the $500 bill for extras" was covere
in the contract Contractor Herric
said it wasn't. The contractor admi
ted that his bond interest claim woul
not have any standing in law, coul
cilmen did not think that 1t had an
moral support either. When Herric
spoke of the bills against him frol
the water department there was grit
in his voice. Compromise offers di
not bring the parties together.
The councilmen, holding that the
position was correct and being Il
formed by the city attorney that
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