The Lake County times., 1913-10-23

of the board, entered into a contract
with Mr.. Hutton to draw plans and
specifications for the school house This
contract was in writing and was or
lglnally signed by all the members of
the board. 1t provided that Mr.. Hut
ton should be the architect and that
ne should be paid a certain per cent
on the total cost of the building for
MS services. The contract speaks for
Itself There was never any question
ABOUT the validity of this contract
with the architect. It was one the
Schooi Board had right to enter into
with Mr.. Hutton and did not exceed
the constitutional limit of taxation and
was never challenged nor could it be
challenged by anyone as Illegal.
Whether the contract price for this
work was too high or too low, is not
for me to say. Nor can any court
defeat it on that account. 1t was such
a contract as the school board had a
right to enter into and they did enter
into it. Long after that contract was
entered into with Mr.. Hutton, be-
lieye in November or December. 1910,
the school board, which was then com
posed of Joseph G. Ibach, Henry NJ
Bieknell and August ]. Dreesen en-
tered into. a contract with Caldwell &
Drake to build said school house aat a
cost approximating $500, 900. The peo-
pie were indignant at this. They be-
lieved the cost was excessive and some
went SC far as to intimate that there
was some fraud in the deal. An in
dlgnation meeting held and
committee was appointed composed OF
Mr.. Carl Bauer, Chas. II. Frederichs
and others. sum of money was
raised to hire attorneys and pay ex-
penses in making a fight against this
contract. Judge Gillett was first en-
ployed. After he had commenced a case
for the committee I was engaged to
help him. We were something like
fifteen days in looking up law making
up the issues. arguing and settling le-
gal questions and in trying the case
We were successful in defeating the
Caldwell & Drake contract That was
as far my empl loyment went.
Sometime after that Mr. WINERY.
acting for Caldwell & Drake. appealed
the ease to the Supreme court 1 was
not employed to act in the Supreme
court Sometime thereafter. l don't
know how long, but l think ii was
after the middle of July. 1911. Mr. Hut
| ton employed the firm. Of which l am
a uleiIlbSf 10 examine MS contract ana
collect what he claimed was due him
under it. l had long before this fin
ished my work for the committee and
it was well known by them that l had
done so. The committee never at any
time employed me, either directly or
indirectly to oppose or defeat the Hut
ton contract l never gave them an
opinion on the Hutton contract and
was never paid for doing so.
What the Bull Moose paper and Mr.
Gavit and others say in this connec-
tion is wholly false. Mr. Bauer and
the other members of the committee
will back me up in the foregoing state
ments After Mr. Hutton employed
our firm ! examined his contract care
fully and then examined the records
of the school board so far as they con-
cerned the same. l found that his con-
/ tract was duly let and legal; that he
had a valid claim against the school
board and that the amount he was en-
titled to recover depended on what
contraction the court might put on
tht language of the contract / found
on examining the school board records
that on December %. 1910. they had
paid Mr.. Hutton s2446.13 and had al
/ lowed him at that time the further
sum of S3176.11, for which warrant
was to be issued in February, 1911. I
presume the school board did not
| have the cash to pay the entire" bill
at that time or 1t would have done
so. I quote the part of the record on
that date that pertains to the Hutton
bill
The following bill was read and al
| lowed and recommended to the Finance
| Board for payment:
| 6657. ]. II. Hutton, part payment on
plans for Industrial high school as per
contract, s2446.13. and $3I7e1I to be
| issued in February. 1871"
| On roll call, Bicknell; Dreesen and
| Ibach voted aye. These minutes are
| duly signed by Fl. M Bicknel. presi-
dent and J. G.. Ibach, secretary. At
the time l got this copy of the record
| l had superintendent McDaniels and
his clerk witness 1t, a true and cor
| rect copy of the school board record
| pertaining to the Hutton allowance
| made Dec %. 1910. Mr.. Hutton was
| claiming something like 100000. I ad-