The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-10-10

question, Frank M. Spencer said:
In the first place Cuthbert figured
on the cut stone for the Van Buren,
street building before I was awarded
the contract by the school board. The
Sargent Cut Stone company's bid was
$4,000 and Cuthbert's $4,000 That
meant that the board was saved 5000
Some of the members have the
law mixed up. They confuse the city,
state and school board laws. The
only thing for us to do is to put
fire under the board members, so they
will loosen up the cash.
Il expect to go ahead with the
building. 1t strikes me that the board
will be held liable. I am sorry Swend-
son took the attitude he did.
1T is mistaken idea that the
board members have anything to do
with accepting or rejecting the stone
used in the building. j. c. Holland
and W. G. Holloway, the Superin-
ter in their hands. The board has
nothing in the world to say about the
accepting or rejecting of material.
Il am sorry that Swendson has
shouldered the whole thing on his
back He takes the attitude thG/ be-
cause Cuthbert had a lower bid than
the John Sargent Cut Stone company
that I must have had some previous
understanding with Cuthbert.
What Spencer's Contract Says.
"I'll read what my contract says
about the payment for material and
labor:
1T is further agreed by the party
of the second part to use none but the
very best material and workmanship
of the kind and description specified,
and to replace all work rejected by
the superintendent at any time be-
fore the final acceptance of the work,
and discharge from the works any in
competent workman and increase the
number of workmen upon demand by
the superintendent.
.' For the faithful performance of
the foregoing the said party of the first
part covenants and agrees to pay or
cause to be paid to the said party of
the second part the sum of $31,785
in the following manner to-Wlt: 80
per cent of the amount of material
furnished and labor performed and
permanently put in place on and in the
building, to be paid for from time to
time as the work progresses upon es-
Inmates made by the architect. ESti-
mates shall be paid monthly but in
no case shall any payment prior to the
acceptance of any part of the work
included in the contract
''They simply will have to come
though he added. 1t is understood
that Spencer has employed J. B. Lari-
mer as his attorney and has instructed
once. but he neither would deny nor
affirm the rumor."
Didn't Solicit Business.
1.-The board of education has been
buying material of Gillette & Nichol-
son for 10 years, according to our
books" said c. c. Nicholson, member
of the school board. mo member OF
our firm has ever solicited the board of
education or any member of the board
for business.
what materials we have supplied
the board have been purchased at as
low a cost or lower than they could
have been obtained elsewhere. The bill
in question was largely for paint fer
the outside fire escapes on school
buildings This bill of goods was or
dered from Gillette & Nicholson
through the direction of Architect J.
c. Holland.
"As I understood Holland, he and the
fire marshal had decided that this Elias
tikote' paint which we handle was best
suited for use on the fire escapes.
ut always has been our opinion that
the board of education has right to go
into the open market and purchase any
kind of material desired. 1t is our opin-
ion that this is a just and honest debt
and we shall expect the school board to
do as honest people do-pay their hon
debts