Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-06
ASH MAN TO BESUED
S. P. BayIy, Jr., Charged
With Breach of Contract.
$4O,218.84 DAMAGES ASKED
Surety Also to Be Party to Proposed
Litigation.
VALIDITY OF OPTION DENIED
Street Cleaning Department Scored
in Report Made by Audi
tor Tweedale.

The Commissioners approved today Au.
ditor Tweedales recommendation to en-
ter suit for $40,21S.S4 against Sampson Il.
Bayly, jr., and the Fidelity and Deposit
Company OF Baltimore for damages
which. the auditor claims. arise out Of
default Of contract made by the District
TO take ashes from the houses OF the
city, under date Of June 25, 1900.
The reasons for recommending the in
stitution OF the suit are given in a long
report to the Commissioners, signed by
the auditor. The contract, signed June
%. 1905. stipulated that Bayly was to COL
lect ashes from residences. dispose OF
them, etc, for two years. beginning Au-
gust l. 1905, for the price Of $4,000 q
year, subject to the appropriations OF
Congress. with renewal privileges. said
to be agreeable at that time to both the
contractor and the street cleaning de-
partment Of the District.
Mr.. Bayly performed the work under
this contract through July 81. 1907. The
District claims to have paid him for
all but balance OF 81. log.
Bayly Refuses to Continue Work.
In December, 1906, the Commissioners
advertised for bids on this same ash
work. and, after opening bids. rejected
renew the contract, and published this
decision by a formal order Of April 30.
1907.
The report continues:
Mr.. Bayly declined to enter into re-
newal of this contract, under the forego-
Ing order of the Commissioners, on the
ground that the Commissioners had waiv-
ed their right to exercise this option
through advertising for new bids for the
collection of ashes in December, 1906"
Mr.. Bayly did, however. do some ash
carting work. under an agreement with
former Commissioner West that the city
might not be embarrassed by q total dis
continuance Of ash service.
The report says he agreed to tempo
rarily continue the service as an individ-
ual and not as a contractor at the same
rate OF compensation fixed by the CON-
tract, from August 1, 1901, to November
/, 1907. 1t was understood by the District
that this temporary service was not to be
that 1t could not require Mr.. Bayly to per-
form the contract until June 30 1910. un-
der the option clause of the contract, nor
was 1t to be understood as an admission
by Mr.. Bayly that his contract period did
not expire July 81, 1907
Mr. Tweedale tells the Commissioners
| that the contractor worked to November
| ], 1907, and then declined to work fur
Their. For this period the District still
| owes him money.
Attitude of Security.
The District notified the Fidelity and
Deposit Company Of Baltimore, surety to
the contract, that Mr.. Bayly was con-
sidered in default. The company re-
| piled that it's construction of the bond
was that the matter was not up to the
company. and that the option given the
Commissioners of continuing the con-
| tract for a longer period did not carry
| with II the security approved by the
bond.
After a good bit of skirmishing in the
sioners ordered, November IL. 1907, that
the superintendent of street cleaning
should get all the horses and carts neces-
sary to do the work of Mr.. Bayly.
The report says:
THE District performed the work COW
cred by Mr.. Baylys contract, commenc-
ing November l. 1907. and continued
| through February 6. 1908. Commencing
with February Z. 1903 and until and in
| rendered under contract entered into by
| the Pollock Drayage and Storage Com
pany February IA. 1908. for the consider
| alton of $50, O40 40 per annum. The con
| sideration named in Mr.. Baylys con
tract is $4,000 per annum."
The differences in these contracts Il
| figured by the auditor. He says the to-
tai cost for collecting ashes from No
/ vember, 1907. to February q. 1913, was
SIS, 1884 That period covers the time
| the District did its own ash hauling
i The Pollock Drayage and Storage Com.
4 pany got $15S, 1880 up to and including
June 30. 1910, the total cost being
| $1S4 .2lS.44.
i Axoo,,c< 80 C,,;< na<ar,,,i-od