The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-08-22
NEW PROBLEMS IN THE.
IRVING CONTRACT
QUESTIONS RAISED ABOUT
THE LEGAL STATUS OF
THE MATTER.

/ An interesting question may arise
as to the precise legal value OF the ae-
ton taken by the common council
/ Thursday night in relation to the Irv.
ing avenue improvement, when the
council as whole adopted the rec.
Eommendation of the special commit
tee. The report OF the special com.
mittee states that it arrived at the
conclusion that the work should stop
and that the contractor should be Civ
en- an extension OF the time for one
year. and so on, Also that he should
be paid for his work, within certain
reservations.
| Has this acceptance OF the com
mittee's report and recommendations
any binding effect, and If so, to what
extent3 These are questions that may
yet arise,
Announcement was made yesterday
that the next step in the matter will
be that an ordinance containing all Of
the salient features OF the committees
report will be drafted and introduced
.at the next meeting OF the council
Ii the council should refuse to pass
this ordinance, or ii the council should
pass it and the mayor should veto it
what then would be the RESULT
II the action OF the council Thurs,
day night was effective, there is ap-
parently no need for an ordinance,
except to endorse and ratify it. II
the report had no precise and binding
effect, it is of course possible that the
council may not pass an ordinance
covering the same ground, and in that
event the whole matter would be pre-,
cisely in the position as If nothing
had been done at all. There's where
the contractors worries might start.
1t is probable, however, that the
acceptance OF the committees repor,
by the council does carry with it
certain binding effect, but it is hardly
probable that it is binding on all the
matters covered. Again, it may be
binding as between the contractor
and the council, but not binding as
between the council and the taxpay-
er. In other words, the situation
seems to contain the promise of {. 1
pretty ENHANCEMENT in the event tina
any litigation should arise.
The charter provides, for example,
that to extend the time on contract
ior Improvements an ordinance is re
luisite; also an ordinance is required
% pay out money to a contractor
Yet the contractor, apparently on the
implied or actual assurances given
lin, has virtually thrown UP his CON
ract, and probably he feels that he
leed not rely on the wording of the
committees report entirely to bear
lin out in this. A study OF the com
report, which was drawn b
he city attorney, Mr.. Abercrombie
hows it to be worded and conceived
With the greatest care, however, an,
he natural conclusion OF the whole ,
natter would appear to be that the
Mr.. Goodin, may not be {
S free from obligations in the vexed {
natter as he would doubtless like to
e.
1t is understood that of the $4,000
he total Of the Irving improvements
ontract, he has been paid all except
bout $2500. If the taxpayers in the .
istrict were to insist upon the com i
letion of the work according to the
lans and specifications, which Of
curse call for complete and dur
BILE job, and the council were to \
AIRY out the wishes of the tax y
ayers, the contractor might find c
imself in a pretty pickle, with the I
hole onus Of the big slide on his
houlders.
There were no marked develop
Ients in the matter yesterday v