The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-01-31
Arbitration Board Begins the Ex-
animation Of Witnesses to
Decide on McGovern Bill
LOOKS LIKE LEMON FOR CITY
City Engineer Moth Will Insist That
Bill for Extras be Cut From $13, 400
to $780, milwaukee Man
as Arbitrator


1t is beginning to look as if the tax
payers of the city are to have
lemon handed to them in connec-
ton with the bill of M. H. McGovern,
the Chicago sewer contractor, for not
withstanding the fact that it was
stated short time ago that McGov-
ern was willing to accept the settle
ment recommended by the city engin-
eer, it is now evident that McGovern
has seen great light somewhere and
he is bitterly contesting the settle
merit of the bill on any terms save
those dictated by himself.
After repeated attempts on the part
of several committees to make a set
Element of the bill with McGovern,
the matter was taken up this morning
by board of arbitration. The mat
ter to be arbitrated is just this. City
Engineer Moth admits that McGovern
has due for extras on his contract the
sum of $1,000, while McGovern has
sent bill to the city for the sum Of
S13, 400, and claims that every cent of
it is due. The little difference of
$12, 200 is to be adjusted by the board
of arbitration.
AS the difference was one between
the city engineer and McGovern from
the start, the city has employed City
Engineer Otto Poetch, of Milwaukee,
to represent it in the controversy.
These three men met this morning
and are now going into the case very
fully. The contract, the note books
of the city engineer, and the bill of
McGovern form the principal evil
dence before the board, but these
documents are to be substantiated by
verbal testimony to be given in con-
nection with the written documents.
The city is a little lame in the evil
dence line, as its testimony must be
brought out largely by Andrew Smith,
one of the inspectors on the sewers,
Louis Ferry, the assistant city engin-
eer, and the note books of the city
engineering department.
| McGovern, it is alleged, will have
as his aids in the contest, w. J.
Boyle, former sewer inspector for the
city of kenosha, who it is alleged at
the present time, is employed by Nc
Govern; j. H. Flagg, former acting
city engineer of Kenosha; and his
two foremen, Todd and Dooley.
! 1t will be remembered that during
the construction of the sewers under
the McGovern contract City Engineer
Moth was confined to his home by
serious illness, and J. III. Flagg was
brought to the city to act as city en-
gineer. It is now claimed that the
relations between Flagg and McGov-
ern are most friendly, to say the
least, and at former committee hear
ings both Boyle and Flagg have
shown that their evidence will be in
favor of the Chicago contractor.
Flagg was discharged by the city
before his term of office was over, and
at that time the aldermen lost no
words in expressing their disgust at
the way the Office had been conducted
under his management.
The special committee of the Coun-
Gil, which has charge of the hearing
before the board of arbitration, is
composed of Aldermen Stemm, JEFF
ferry, Mayer and Schultz, and it is ex-
pected that the committee wilt be on
hand during the entire hearing in or
der to give the city their best judg-
ment in the case. Alderman Jeffrey
was the only member of the commit
tee on hand when the hearing started
this morning.
The vast differences in the figures
submitted by the city engineer and
those submitted by the contractor
show that it will be difficult matter
to arrive at conclusion. The Mil
waukee man who has been called in to
aid in the settlement of the account,
is an engineer of wide experience,
but Notwithstanding this fact the City
Council is not bound in any way to
accept the decision of the board as
final. One Of the aldermen stated
this morning that should the commit
tee agree to give .McGovern more than
$4,000, he would demand that Mccoy
ern bring suit and allow the matter
to be settled in the courts.
The hearing before the board will
be continued this afternoon and to-
morrow, and it is possible that several
days will be needed to get all of the
evidence in hand.