The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-08-29
West Hudson News
SERIOUS ERROR
Resolution of Kearny Town Council
Conflicts with Contract-Work Com
pleted and Payment Held Up.

An error involving several hundred dol
lars was discovered by Councilman David
Reid, Of the Kearny Town Council. who is
chairman of the street committee, and was
reported at the regular meeting last night.
When the final estimate was ready a few
days ago for payment on the Argyle place
Improvement, Chairman Reid. in looking
over the contract that was awarded IN
October, 1905, to A. z. Sergeant. and a
resolution that was passed in October last
supplementary to the existing contract, for
the supply of additional material for the
finishing of the work, he found that the
price Of the filling In the former document
was twenty-five cents a cubic yard, while
the resolution placed the price at ffty-ive
cents, making a difference of $7H.62. the
Councilman commended that the discrepancy
is in the towns favor. on the ground that
the contract made between the town and
the contractor should have precedence over
the resolution.
Il have gone carefully over the mat
ter" said he. "nnd in my Judgment we
are poWerless as to the settlement OF the
contractors final claim, until the resolution
is rescinded. The street committee is
anxious to have the matter settled. The
work has been completed, and the final es-
innate is ready for disposition"
Councilman John Davidson, .Jr., said tnat
he recalled the passing OF the resolution
as we'll as the awarding of the contract,
E+tAa NiIAA0 hC Nao =
street committee at the time, ne look tue
word of the old chairman ana another
member of the committee that Dotn tue
contract and resolution prices for the ma
terial were the same. and voted TOT the
latter.
Councilman Edward ]. Kraft asked the
chairman. of the street committee, through
the Mayor, If both parties to the contract
agreed on what change was necessary,
couldn't 1t be changed without r~esclnding
the former acts of the board. Mayor %:
IT HGoldhQrQ ranttnd TINT such action c0ulQ
not be done. as there were other COMPETE
tors for the work. The Mayor further
stated that he believed In going slow re-
fore resembling any action of the Council,
but in this particular he could see no other
way out of it.
I Chairman Reid should be commended
for his vigilance II finding an error. that
might involve the town, and he should be
supported in any step that ne deems ad-
Visable to take"
Councilman Davidson iaid the matter
should be laid over until the town attor-
ney could be consulted.
Il don't think 1t Is necessary to delay
this natter replied Councilman Reid.
TITS plain to me and should be to every
member of this board that the contract
has got to be lived up to. The resolu-
ton, in my judgment. cut no figure"
The councilman offered a motion that
the former resolution be ~rescinded, which
was passed.
After the meeting the discovery of Coun-
Gilman Reid was generally discussed, and
there appeared to be differences of opinion
as to what will be the outcome. Contractor
Sergeant stated to an EVENING STAR
representative that the contract and reso-
luton were passed by the old board, and
for the matter to come up after the work
Is all finished and the final estimate is
ready for payment will not in his judg-
.ment hold good.
Il will be paid the $744.62 voluntarily
or the yme will be forced. II any
one Is to blame in the matter 1t is the
former town surveyor"
Town Counsel ]. Frankton Crowell will
be advised to give a legal opinion In the
case. ,