Washington telegraph., 1909-01-22
STATE CAPITOL.

IL
The Governor consumes four thousand words
In thorough discussion Of the history. pro-
gress and present condition of the State Gapltol
contract. After reeiting in detail the progress
of the construction in which his big stick
falls heavily upon the head Of the contractors
Caldwell 4 Drake, the commissioners In charge
of the work, and the architect, he says In part:
so far, have only pointed out matters which
will be most tangible in directing your atten-
ton to the subject and cause you to go into
a more extended Investigation of the details
of the varied and hidden factors In eOnnectfon
with the subject; so | will proceed to discuss
what action in my judgment yeu should take.
First. Because of the exceedingly long
period In the progress of the building which
existed between the time 1t was contracted to
Caldwell & Drake, August 1908, and the
time upon which work suspended in July,
1907, without approaching to the extent Of
one-half completing 1t, when, under the con
tract, 1t was to be completed by December
Il. 1905; and,
Second. Because of the construction being in
every manner inferior and not in accordance
with that of buildings of similar character
and purpose evidenced by every investga-
ton that has been made of It; and,
Third, Because it can be shown that In sub
stantially all transactions had In connection
with the building since Its commencement un-
der the present contract it has been violated in
both letter and spirit; and,
Fourth. Because the State has large
amount of money invested in the building
and judging by the past promises of the con
tractors, it cannot depend upon their eompet-
ing it in reasonable time together with the
great necessity for the building a. the present
time.
! For these and other reaso,s | suggest the'
one Of the first things you do is by concur
rent resolution, to declare the contract Of
| Caldwell Drake annullcd
l also recommend and suggest that you
pass IA bill removing the present Commission
| and Architect, canceling the contract made
with Caldwell Drake in August 1908,
thereby confirming your joint resolution of
annullment, and selecting a Commission to
be known the Commission to Adjust the
| Controversy Between the State and Caldwell
| & Drake / suggest that this commission be
composed of the two judges of the United
! States Court living in Arkansas and the Chief
Justice of the Supreme Court of this State.
Provide in the bill that upon Caldwell & Drake
! filing with said Commission their agreement
/ to abide its decision and to accept its report
| in full settlement and satisfaction Of all their
| claims growing out of their contract to erect
| the Capitol said Commission shall proceed at
| once to consider every feature of the contro-
! versy between the State and the contractors
and report to the General Assembly its con.
clusion in the matter. The bill should provide
| for the organization of the Commission and
| when organized it can outline Its own method
| of procedure. while the Commission
Will in great measure be board
| Of arbitration Its proceedings will nee
essarily take the form of a trial in court,
as it only reach satisfactory result after
hearing testimony on all disputed questions.
| And as it will be absolutely necessary that
|
| by counsel to present Its side of the and
to contest the claims and contentious of Cald-
well & Drake, and as the time Of the Attorney
! General will be largely taken up with regular
work Of his Office, and the railroad rate cases
are pending in the Federal Court. | recommend
that you authorize the Governor to appoint
counsel to represent the State before the Com
mission and let the bill provide appropria-
tion to this Item and also the expenses
of the Commission and stcpographer.
Then l recommend the passage of bill
| carrying with 1t an appropriation which in
your judgment will be necessary for the com
| pletlon of the building and the terracing OF
| the grounds together with other matters of
detail all in creditable manner The same
bill authorizing the Governor to appoint subject
to the confirmation of the Senate four citizens
| OF the State, competent TO carry out the work
| in all OF Its details to a speedy completion,
| and the Governor to act with them In the
J performance of this duty
That the said Commission be required to let
contracts for all parts of the building now
/ incomplete, or to have any work now installed
which may he unsafe torn out and replaced in
! a substantial manner; and that the said Com
mission be required to comply strictly With all
other instructions provided by yCu in said
bill.