The Washington herald., 1911-07-15
SUIT OF BUILDERS
ARGUED In COURT
Claim Commissioners Are at
Fault in Award of Bids.
IRREGULARITIES ARE CLAIMED
District Officials, in Reply to In
junction Petition of Melton Con-
structiOn Company, Claim They
Acted for Best Interests OF Com
munity in School Addition Matter.

The suit for an injunction to restrain
the Commissioners from awarding the
contract for the erection of an addition
to Armstrong Manual Training School in
the Davis Construction Company, re-
Gently filed by the Melton Construction
Company, dissatisfied bidders, was ar
gued before Justice Anderson in the Dis
trict Supreme Court yesterday. At the
close of the session Justice Anderson
took the question under advisement.
The petition for an injunction charges
Commissioner Judson with Irregularities
in the awarding Of the contract to the
Davis company, inasmuoh as the latter 8
bid was received after the legal time
limit for the Offering Of bids had ex-
pired.
Attorney ]. Yerkes defended the Com
missioners yesterday. The defendants
filed an answer to the suit, denying any
irregularity, and asserting the bid Of the
Davis company was submitted only two
or three minutes late. This, according
to the Commissioners answer. was &C
countable to a difference OF few min-
utes between tho watch OF the agent OF
the Davis company and the timepiece in
the District Building.
Four Minutes Late.
According to the Commissioners an
swer, the decision to accept the Davis
bid was arrived at the following day
at a special meeting. The Davis bid was
s5,162 cheaper than the next lowest bid
der. Affidavits were required from the
officers OF the company TO the effect that
their bid was not affected by any knowl-
edge of the contents of other proposals.
AS only one proposal had been opened
when the Davis bid arrived, four min
utes late, It was not believed the officer
of the latter company had any knowI-
edge Of other bids.
When the Davis bid was received, how
ever. Chief Clerk Daniel E. Garges, Of the
engineer department, and DR.. William
TindaN, secretary of the Board Of Com
missioners, refused to accept it. The
matter was taken up at the special meet
ing OF the Commissioners, and the Davis
bid was allowed to figure.
The Davis company's bid was ssS, ,SSs.
The Melton Construction Company put in
a bid for $4,000.
Fred B. Rhodes, counsel for plaintiff,
stated to the court that It would create
a bad and dangerous precedent II the
award should be permitted to stand. He
said his clients did not claim the award
for themselves. but merely asked the
award to the Davis Construction Com
pany be declared null and void, and that
another competition be authorized.
Interests of Community.
"a hoN
within the discretion Of the Commission
ers to award the bid wherever they
thought the best interests of the COM
munity and taxpayers would be served.
He claimed the Commissioners were not
bound by law not to open the bids or
to receive bids after the hour stipulated
in the advertisements; that this was
merely a rule of their own making, which
they could alter and set aside If they
saw that thereby the public interests
would be the gamer.
The Builders and Manufacturers' Ex-
change took cognizance of the situation
through its board of directors at a meet
ing Thursday. A letter of protest was
addressed to the Commissioners on the
ground that the action would establish a
dangerous precedent The letter, in part,
follows:
THE attention Of the Builders and
Exchange of the District
Of Columbia having been called to the
arising out of the letting of
bids in the matter Of alterations and
additions to the Armstrong Manual Train
against the procedure followed in the
matter Of the opening and acceptance of
such proposals.
IF bids which are submitted after the
specified and fixed time, and when in all
probability the delayed bidder will have
had an opportunity by some means of
ascertaining the amount of the lowest
bid regularly filed, are to be considered,
we respectfully submit that the result
will be that in most cases you will have
delayed bidders to a greater or less ex-
tent who, by reason of your departure
from the heretofore fixed rule, will en-
deavor by the delay allowed them for
fling their bids to obtain an advantage
over honest bidders who have filed their
bids In good faith, fair competition, and
at the proper time and the practice will
hnally result sin your inability to obtain
bids from reliable and competent con-
tractors.
Fears Bad Precedent.
''Your hoard must know that 1t is the
nvariable practice in receiving bids for
private work to require all such bids to
be filed at or before a specified time, and
hat no bids are received thereafter, and
I viii be setting a bad precedent, so
ar as building operations in this Dis
rict are concerned, II this municipality
'hould depart from the practice which
las heretofore obtained in accepting bids
or this work.
by the advertisement for bids, bid
lers are advised just what is required of
hem, and If there is to be uniformity
# procedure, so that all bidders will be
IN an equal footing, the rule should be
itrictIy adhered to in all cases.
Benjamin ]. Pillow. of the Melton COM
'any, protested yesterday that his COM
ANY was not actuated by any selfish |
motive IN entering the fight.
THE Melton Construction Company Is !
lot making any attempt to get the |
ward" he said. 1--WE are not the sec
md lowest bidders because of the strik- |
ng out OF alternate &C. in the proposal. |
Ne merely want to prevent the estab- |
Ishment OF dangerous precedent in the
andling OF bids. We cannot possibly /
btain the award, no matter what the de- /
ision of Justice Anderson IS"
The builders and construction COM
'anles of washington are much worked |
ID over the situation. and are solidly