The Detroit times., 1911-03-29
MINORITY REPORT.


Gil for consideration.
MINORITY REPORT.
To the Honorable the Common Council;
Gentlemen-YourC Committee on Sew
ers to whom was referred the matter
OF the petition OF James Hanley. ask
ing to be relieved OF his contract Tor
the construction OF the Fairview Ave
nue. Sewer. Sec. I, and also asking Tor
damages in connection with the work
he has done there, by reason OF the
fact that he was misinformed or mis-
lead by the City Engineer estimates
being withheld from him in regard
the nature OF the soil. by the City En-
gineer. respectfully reports: We nave
carefully investigated the matter. us
and his witnesses also of the City En-
gineer and Department or Pubic
Works and can see no good reason
why Mr.. Hanley should be relieved or
his contract. IL appears that Mr.. Han
ley had the same opportunities Tor
obtaining information that other bid
ders had and bid on the work with his
eyes open; that the specifications or
Hanley bid advised contractors to Wis
II the location, examine into and de-
termine for themselves the nature or
the soil and the character OF the work
TO be done. and IL Mr.. Hanley failed
10 do this IL was his own business:
that the contention OF Mr.. Hanley that
II was the duty of the City Engineer TO
acquaint him with the character or
the soil and the difficulties pertaining
to the work Is silly and childish, since IL
Is the universal practice OF contractors
to make these investigations for them
selves and not depend upon others
The Investigations made by the City
Engineer were shown tosbe solely for
his own use In making his own esti-
mate although the Engineer is always
willing TO give contractors the benefit
for the asking-but Mr.. Hanley failed
to avail himself OF this opportunity
and did not ask the City Engineer
for this information. We further md
that Mr.. Hanley is an old and ex
perienced contractor who at one time
held the position of Commissioner OF
Public Works himself and is not at
all ignorant In regard to such matters.
Mr.. Hanley further declared before
your committee that he Is now out OF
pocket some ten thousand dollars on
the construction OF this sewer so far
plete the sewer without suffering great
financial loss. But thSre was nothing
| in the testimony TO show that II was
| necessary for Mr.. Hanley TO lose so
much money on this job. On the con
| trary the testimony OF City employees
tended to show that MT Hanley did not
provide himself with the modern
| dertaking and that the work was not
prosecuted In a practical. economical
manner with up-to-date tools. but that
L
| such as hoisting water out OF the sew
er in barrels. etc. Furthermore, Mr..
Hanley gave Surety Company bond
of six thousand. one hundred and nifty
of this sewer. and this bond. we think
the Commissioner of Public Works
rightly contends should be forfeited
TO. the City and the proceeds used TO
aid In the completion of the sewer.
| whereas. Mr. Hanleys attorney con-
tends the bond should also be released.
Your Committee, In its discharge or
it's sworn duty to the City fails to
see why Mr.. HanIey should be reliev-
ed of this contract since we believe
IL would establish q precedent also.
whereby any contractor who stands
or fails to make as much as he thinks
he should. would have as good grounds
as Mr.. Hanley for coming TO this
Council for relief.
mends that the prayer OF the petitioner
be denied and that the Commissioned
of Public Works be instructed to or
construction OF Fairview Avenue. Sec
I. TO completion and In the event OF
his failure 10 do so within reason able
time TO declare his bond forfeited 70
the City.
Respectfully submitted.
HERMAN SCHULTZ
SHERMAN LrTTLEFIELD.
AID. Walsh moved the adoption of
Aid. Schultz moved az an amendment
that the minority report and resolution
Aid. Field moved to lay both reports
on the table. which motion was lost. as
Yeas-Ald. Brozo, Field, Koenig,
Knapp, Littleheld. Mason. Schultz, Yer
nor. Watson. Zoeller-10.
Nays--Ald. Allan, Burton. Deimel.
Ellis. Garvey. Grindley; HARPER. Hindle,
Heating, Keusch. Lodge. Lynch. Nc
Carly, Merritt. O'Brien, ostrowski.
owen. Rosenthal. skrzycki. Theisen,
Thompson, Tossy. Walsh. and the Presi-
The question was then put on the
was lost. as follows:
Yeas-Aid.Littie Schultz, Vernon.
Nays-Aid. Allan, Brozo. Burton, Del
mel, Ellis. Field. Garvey. Grindley.
HsrPfer x Hindie' o Ksstins; vnc Reu Ms
Carty. Mason. Merritt. oBrien. ostrow-
ski. owen. Rosenthal, skrsyoki. Theisen.
Thompson. Tossy. Walsh, zoeller, and
The majority report was then adopt
YeasNAid. Allan, Brozo. Burton, Del
mel Ellis. Field. Garvey. Grindley,
Harpfer. Hindle. Heating, keusch.
Koenig, Knapp. Lodge, Lynch, McCarty.
Mason, Merritt. OBrien, Ostrowski.
owen, Rosenthal. Schultz, skrzycki.
Theisen, Thompson. Tossy. Walsh. Zoel-
Ter and the President-3i.
Nays-Aid. Littieneid. Vernon. Wat
Aid. Grindley was called to the
Aid. Lodge was excused.
n.rL. .nd Qo,,levards