Omaha daily bee., 1908-09-28
WiCEHAM STATES REASONS
Insists He Has Valid Contract for
Water Works Construction.
SUBJECT TO ACTION OF VOTERS
says He Has Incurred Considerable
Expense and Indicates City VIII
Have LnwsuIt Unless Contract
is Submitted 60 Vote.

f.. A. WiCkham, In a Communications adj
dressed to the mayo and city council,
which he filed with the city clerk yester-
day, declines to accept the return OF the
certified check for $1,000 which he de-
posted with the city ut the time he sub
mitted his bid for the construction OF a
municipal water works system according
TO the plans and specifications prepared by
the city engineer. Mr.. wickham refuses
TO recognize the action of the city council
in rejecting his bid after having once ac-
ceptcd It and after having instructed the
committee on water works, together Will
the city engineer and city solicitor, to draw
up the contract with him. He insists that
he has a contract with the city for the
construction of a water works plant, sub
ject only to the vote of the electors OF the
city. He demands that the council take
the necessary steps TO call a special cleo
ton at which the contract with him can
be submitted to the voters for their ap-
prevail or disapproval.
The letter, which will be presented to
the city council at It's meeting tomorrow
evening, follows:
Text of Letter.
Replying to your inquiry for my reason
in refusing TO accept the return of the GER
Titled check deposited with my bid for the
construction OIL the wafer WOfhS, 1 UtB
leave TO state that l claim the. right to
contract for the building of the water
works, subject to the approval of the voters
of this city. and 1 do not wish to forfeit
any of my rights In the matter.
My understanding is that the city council
acts as the agent OF the city and has the
power to make a contract for the city. And
this is as true with reference to the build
ing of the water works as with reference
to any other business OF the city, with the
exception that in the building OF the water
works the contract must be passed upon
by the voters of the city. and their action
the contract stands, but IL they dfsapprove
II, that is an end to the matter.
You accepted my bid ana spread Il upon
the records in a way to make 1t a binding
contract upon me. If | had refused to en-
ter into a formal contract prepared In &C
SUro Which w MN liza bid P was based am1 S You would
have insisted upon claiming the forfeiture
of this check. That was the purpose OF
requiring the deposit OF a certified check
Now there is no such one-slded contract.
that you can refuse to make II you see TT
but that l Cannot refuse to execute. | ad-
nit that I entered into this contract subject
to the action of the voters OF the city, be-
that you might have refused my bid in
the first instance II you saw fit to do so,
Blu when you accepted It and made It a
matter of record, IL wac a contract be
tween the city and myself, and l had the
right to have this contract presented "a
the voters Of the city for their action.
~ WY gu DCSs hoS Nhh" LtHh
ter would Indicate that because the fina.
action OF the voters IL necessary. that
any time. Withdraw from the agreement
although 1 scarcely believe that you would
eoncede that I would have the right "a
withdraw after your. acceptance OF the
same. AS I view il, / had equal rights
with the city by reason OF your acceptance
! and 1 had the right to have you submit my
| contract to the voters; that, as ! view II, Ii
the purpose Of the law.
Incurs Considerable Expense.
You invited bids on this work and | as
sumo that you acted in perfect good faitf
In the matter and intended TO let the woIl
to the best bidder, unless something out o
the ordinary should cause the rejection 81
the bids. And 1 in turn went to consider
able expense TO prepare a bid for this work
which, in view Of the IN of the city
engineer, was a fair one. and after its &C
ceptance by your council | also made GER
tain arrangement or contracts in expecta
ton of proceeding with this work.
Now it is claimed that a nonresident en-
gineer has stated to you that the waite
works could be built for less money thar
the amount of my bid. and you made tina
the excuse for your action In emp
to withdraw from your previous acceptance
OF my proposition. / think il is we'll know
TO your body that the city engineer mad
careful investigation and estimates of tn
ment for my bid, and there is absolutel!
nothing to show that his estimate was er
roneous. except the bare statement Of tn,
! other engineer referred to.
Under the circumstances II seems to m,
that the action of the council I'm attempt
ing now to refuse my bid is q very unfai
proceeding toward me-.
I think that the foregoing clearly ex
presses my reasons for refusing to accep
the return of the certified check which wa
deposited with the bid for the building o
the water works. I don't recognize tn
right OF the council to nullifv their previou
acceptance of my bid. and I respectfully
request that YOU take proper action 10 pre-
pare a formal contract In accordance wit
your advertisement for bids and plans an,
specifications for the work, and that yo'
take proper steps to then submit the con
tract to the voters OF this city for their ap
prevail or ~disapproval, at a special electio
to be called for that purpose.