The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-12-26
FIGHTIHG FOR THAT
IRON PIPE CONTRACT
Story Of Suit In Rivalry for h
HiIO County Job Over
Four Dollars.
lNal speelal . The AdvsrLIser.l

(Mail Special 10 The Advertiser.)
HlLO, December 2S.-Adam Lindsay
on behalf OF himself and all other tax.
payers Of the county Of Hawaii similar.
~ situated versus the county Of Ha.
wall, II. Hackfeld & Co., Ltd, and @.
X. Mcguire, auditor of the county Of
Hawaii, is the formidable title of a
suit which was filed yesterday in the
circuit court.
The matter is a bin for an injunction
to prevent the carrying out Of a con-
tract whereby Hackfeld & Co. is to
deliver about $500 worth of iron pipe
and fittings to the county. Attorney
Carlsmith appears for the petitioner.
The initiative was taken by Adam
Lindsay, who is the manager of the
local branch of Davies & Co., the Hilo
agents for the Honolulu Iron Works, on
instructions from the head Office of his
his firm in Honolulu, which instructed
him to protect the interests of the iron
works, which had submitted bid lower
than that of Hackfeld & Co. for the
same material.
The bill which was filed last Friday
states, after the usual formal introduc-
tion, that the county advertised fol
bids for certain water pipe and spe
cials, in response to which Haekfeld
Co. sent to the county "written state
ment which purported TO be a bid, .
! proposing to furnish the material men
toned for $500. 1t then goes on tC
say that this bid is Fnot lawful OF
proper tender or bid for the reason
that by the terms thereof it expressly
departed from the terms of heleall fol
tenders and the amended specifications
in an important and material par
thereof"
1t is further shown that the Honolulu
Iron Works submitted bid which com
piled with the law in all respects
wherein it proposed to furnish tn,
material for $5500i The Iron Work
Co. is a responsible bidder and its biz
was lower. But, says the bill, the super
4 visors never exercised their judgmeh
to determine who was the lowest bidde
as they were by law required to do
and, knowing that the Iron Works Co
was anxious to enter into a contract
they arbitrarily, tyrannically and capri
ciously'' awarded the contract to Hack
field & Co.
But the real juice in the .petition ap
pears in the following hot paragraph
"That the board of supervisors of tn
county of Hawaii combining. and con
federating together and sehemine
: plotting and contriving how to injur
: this plaintiff and other Taxpayers o
the county of Hawaii similarly situate
: by squapdering, wasting and dissipai
ing the funds of the county of HaWai
now refuse to repudiate their said VI
lawful action and, though often re
trarily and tyrannically refuse to lie
I sible bidder as the law enjoins them {
do, the said supervisors all the tim
conspiring and confederating togethe
to arbitrarily favor H. Hackfeld
CO., Ltd, and to defraud the count
of Hawaii and especially this plaiI
tiff and all other taxpayers similarl
situated"
The petitioner prays that the cor
tract with Haekfeld & Co. be declare
null and void, and that the defendant
be restrained, while the suit is pendin,
from attempting to perform the cor
tract or paying out any money by VII
tue thereof, and that the auditor be II
strained temporarily and permanent
from drawing any warrants in favor q
Hackfeld e. Co. pursuant to this col
tract.