Pine Bluff daily graphic., 1912-06-08
CONTRACTORS SUE
 FOR S250,0O0 Caldwell and Drake File Suit Against Capitol
 Commission.
ACTS OF 1909 INVOLVED
Complain Sets Forth That Special Bills Were Contrary
 to Law.

litical field where it was made aE issue in recent memorable campaign 5 the old contention of the contract ors Caldwell x Drake, against the new Capitol Commiss on, has been trans felTed to the arena of legal proce- du:e with the filing Thursday alter noon in Second Division of Circuit Court of damage suit for $25000O on alleged breach of contract. The contractors bring the case agains: George w. Donaghey, H. L. Remm ], Charles l.. Thompson, John Ike Moore and R. F. Foster The last named are members of the Capitol Commission as appointed by Gov ernor Donaghey.
 The General Assembly of 1909 pas sed an act discharging the old com mission, the contractors and the old architect, and directed Governor Donaghey to fill their places.
 He then appointed the new ccmmls- sion named in the complaint. T;lis commission took charge of the build ing June II, 1909. The complain. alleges that the contractors Were dismissed from further service OH the construction of the building withcut sufficient remuneration for services and material already fus- nished.
 The complaint sets forth that the contract which the attorney general, during the legislature session of 1909 held still to be valid and binding, was violated by the new commission without cause as the contractor claim that they complied with all ,he requirements of the plans and speci- fications to the satisfaction off the architect, George R. Mann. The plain tiffs claim that they sue againSt tIt, members of the commission as 1l.- dividuals for alleged illegal acts un- der the bills passed by the legisla- ture of 1909
 The complaint in detail follows:
 In the Pulaski Circuit Court,
 Second Division.
 George w. Caldwell and Lestsr I.
 Drake, doing business under the
 firm name of Caldwell & Drake, George w, Donaghey, H. L.. Remmel,
 Charles l.. Thompson, John Ike
 Moore end R. F. Foster.
 Complaint at Law
 That the legislature of tn State of Arkansas passed various acts au- thorizing the appointment of board of commissioners, authorizing them to enter into contract to provide al mater als and perform all the worN for the erection of and completion of the Arkansas state capitol building above the basement floor line ana upon foundation previously begun specifying the kind of material and the manner of work performed, ac- cording to specifications prepared ly Geo. R. Mann, architect, which plans and specifications were identified by the signatures of the parties thereto and became a part of the said con tract. RsC1
 That John McCaleb, z. T. Mathews ]. M. Flenniken, R. w. Mcfarland and w. R. Alexander were duly elect cd and appointed as such board oi commissioners for the State Capito,, and took oath Of office and gave bond as such commissioners, and en- tered upon the discharge of their du- ties as such; that on the 14th day of August. 1903. the said board of com missioners entered into contract With plaintiffs. authorized by the laws of the State of Arkansas, 10 furnish the material and to perform the work according to the plans and specifications prepared by GeoEe h. Mann, architect copy of whicl contract is hereto attached and made part of this complaint.
 Made $5OO, ,eOO Bond.
 That at the time of entering into said contract with said board, said plaintiffs executed bond unto the State of Arkansas in the sum of s500,- 900 for the faithful performance of their duty; that said plaintiffs enter cd upon the performance of said con- tract and performed the same faith fully and in workmanlike manner, according to said plans and spccifica- tions, and to the full satisfaction of said George R. Mann, architect, and to the full satisfaction of said board of commissioners; that the said work was accepted by the said George R. Mann. architect. and that said board of commissioners, as being in full compliance with their contract, until