The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-27
INCUBUS OF
OLD CONTRACT
Continued from Page One.l

of the old contract which would nav
been very unsatisfactory to him. Tia
{ the contractor had been induced t
! give up his contract when there wa
1892. 900 in sight with all its possibil
, tiles, subject to that contract, he seem
ed to consider. as it undoubtedly ough
to be considered, a matter for gfea
satisfaction. As to the means by whicl
the contractor was induced to terml
nate his contract he would say NJ
more than that number of matter
had been presented to the contracto
for his consideration, and that afte
considering them the contractor haC
wisely for himself, and wisely for thu
Territory, as we think" agreed to ter
inmate the contract.
AS to how the dam will be complet
ed, that has not been fully decided L
may be that new specifications for the
work vet to be done will be drawn
I'D and tenders asked for. for the com
pletion of the work. AS to who woulc
draw the specification the Governor
would give no intfmation But as he
| intimated that the specifications of the
old contract were what had given so
much trouble before, 1t seems quite
likely that the new ones will be drawn
only by some one in whom the Gov
ern has great confidence.
| If NAV. however, be decided not to
| do the work by contract but to do II
| under the immediate supervision of the
! Department of Public Works. but
/ whether under the Department of Pub
/ lie Works as now constituted or not
| the Governor gave no hint, though
| there was certainly nothing in what
he said to intimate any change in the
head of the DEPARTMENT.
The $132, 600 for the completion OF
the dam was appropriated by the leg
islature one the basis of Expert Schuy-
ler's estimates. But other estimates
place the amount necessary at ng-
ure considerably higher. 1t is known
that the Governor has had this matter
of probable cost gone into very care
fully, and that there is some concern
as TO whether the work to be done I'M
der the physical conditions that nave
been developed can be done within the
estimates of Mr.. Schuyler. however
there is every reason to believe that
the work from now on Will pc carrieo
on more efficiently than before
Governor Frear says that the WORK
is now at such a stage that no appre-
delay is necessary to determine the
best means of proceeding Win anu
completing the work.
The agreement by which the old
contract is terminated and the whole
matter nut in the control of Gov
ernor Frear's administration, is as fol-
lows:
The Territory of Hawaii, by c. 5.
Holloway. Superintendent of Public
Works, and l.. M. Whitehouse, con>
tractor, mutually agree as follows:
The contract dated June %, 1905, for
the construction of Nuuanu Dam and
Reservoir, shall terminate and be null
and void at the close of work on Oc>
tober 81 1907, and all claims of each
party under said contract are hereby
released except as hereinafter stated.
The Territory will then pay the con-
tractor, Whitehouse, twenty-seven
thousand four hundred and eighty-two
dollars and twenty-five cents ($27,>
AS. 22), being the reserve of twenty
eight thousand six hundred and twen-
ty-three dollars and seventy-seven
cents ($2S, 623.77) at the end of Septem-
Der. 1907, plus the bill of one thousand
(s1OS6 60) for said September, less one
thousand eight hundred and sixteen
dollars and seventy-nine cents 81
$3.50 paid on account of core wall
lumber not yet in place; two hundred
and fifty dollars ($250) paid as Is per
cent charged as extra on fiume, and
one hundred and sixty-one dollars and
thirty-six cents ($161.36 being 40 per
cent. of the cost of tools to the Ter
ritory.
The Territory will also then pay the
contractor, Whitehouse, hhe amount
then due him for work during Oc-
tober, 1907, including therein the cost
of five (5) valve stands at thirty dol
lars ($30) each, valve stems estimated
TO be about one hundred and eighty
(1S0) feet at sixty cents (60c) foot,
and three 80 screens in gate house,
costing together two hundred ana
twenty-five dollars (s225), and one
hundred thirty-eight dollars and sew
enty-seven cents (s13S.7O in settlement
of all items in dispute up to October
L, 1907; provided, however, that the
total to be paid for October shall not
exceed seventeen hundred and forty
four dollars and forty-four cents (s1,-
744.44).
The contractor, Whitehouse, shall
then be the owner of the said tools
and core wall lumber on the ground,
but not in place, and may remove
the same and such other property, in
Guiding buildings, as belongs to him,
at any time thereafter, and shall re-
move the same whenever so requested
by the Superintendent of Public !
Works.
Failure to agree upon the amount
due for October or upon the owner
ship of property to be removed shall
not postpone the operation of or in
any way affect the provisions hereof
as TO the termination of the contract, :
or the payment of the said sum of
twenty-seven thousand four hundred
and eighty-two dollars and twenty-five
cents ($27, 4s2.22).
Signed in duplicate at Honolulu. Ha-
wall, October 26, 1907. in the presence
Of c. r. Hemenway and Chas. F.
Clemens.
THE TERRITORY OF HAWAII,