Evening journal., 1914-08-12

cGOtt.
7 see no objection TO taking vote
on this" exclaimed Mr.. Burris, so
we can all 80 on record"
Before taking vote said Mr..
Groves, have the clerk note that the
point Of order was not well taken and
the original motion Is in order"
This was done and the original mo-
tion Of Mr., Burris to have another
check drawn to pay the payroll of
the Atlas Bridge Company was voted
upon with the following result. Yeas,
Burris' and Scott; Nays, Groves,
Gooding and Smith; Not voting, Hol-
lingsworth and Fouracre. The mo-
tion was declared lost.
Mr.. Groves then wanted to know if
tnal action had been taken on Mr.
Greiner's report. After some discus
sion It was found that IL had been
acted upon when Mr.. Gooding's mo-
tion to have 1t received and fled pre-
vailed. Mr. Groves, however. moved
TO amend this by adding that the rec
concentrations embodied in it be act
90 upon by the court. Mr.. Burris on
posed this and moved that action on
II be deferred until Thursday.
Mr. Gooding held they should act at
once rs they had the consulting enui
neer's opinion, and there was no reason
Tor further delay. "We couldn't get any
more by waiting he said.
There's not enough there for me 10
act on, replied Burris.
Mr. Groves moved that the report be
read again, which was done, after which
ne moved that II be received and the
recommendations complied with.
Scott Objects to Haste
Mr. Scott stated that they were act
ing foo hastily and reminded the mem
bers that Attorney johnson OF the Atlas
bridge Company, had intimated at the
secret session held in the upper court
room that the court could not use the
apparatus OF the Atlas Bridge Company
should the company lose the conffmf
lie also stated that the company had
progressed more rapidly ths last three
weeks they were working on the bridge
than at any other ti'res and he believed
the work should gwon
Remember. ytU can't take the equip-
ment thers Without the sanction OF the
Atlas Fridge Company he concluded.
inat's only a bluif,g said Mr.. Good.
iag, who explained that an attorney had
Informed him that the equipment mad
all been assigned TO the bonding company
and could not be moved.
Mr. Scott then reminded them that
the bonding company had warned the
court not TO ritiate the contract.
We would not be Yitiating the con
tract said Mr., Smith I'VE would be
following II up He then made a state.
ment about the super-structure and the
snb-structurc work, which was not clear
TO Mr.. Scott, who remarked that he
could not see the point.
am not responsible for your lack OF
understanding returned Mr.. smith,
with some heat
"lf YOU would divorce yourself from
your legal knowledge you would be an
right" replied Mr. Scott. Mr.. Smiths |
answer was not recorded
A resolution was then offered bv Mr.. !
Gooding and seconded by Mr. Smith, |
which was supposed to carry out the
IN the report
Who wrote that Y asked Mr. BuTris.
II did replied Julian G. Walker, at
tomey for the court
~ move that il be laid on the table !
until Friday said MIR. Burris.
Mr. Fouracre remarked that the
resolution really left the matter en-
tirely in the hands of the two engi-
neers. whereas, he believed the court
should have a say in ii. IT was then
decided TO defer further action on the
resolution until Friday.
Mr.. Grelner's Report.
The report from Engineer Greiner
follows;
Baltimore. Md, Aug. s. 1914
The Levy Court of New Castle Coun- |
ty. Court Building. Wilmington, Del J
Gentlemen In accordance with
the Courts instructions. your engi-
neers and attorney had a meeting with |
Mr.. G. Il. King. Of the Atlas Bridge |
Company, and his attorney. in con
nection with the progress of the work
OF the construction of the Christiana
River bridge The contractors stop
ped the work at noon, August l. and
at the above mentioned meeting the
contractors attorney stated that
while they were anxious and willing
TO proceed with the work and were
sure they could satisfy your engineers
and the Court as 10 their Willingness
and ability to prosecute it expediti-
ously to a conclusion. that they could
not proceed unless they received the
last estimate allowed them by the
Court, amounting 10 S2,651.51, cheque
for which was authorized by the Court
hut which they claim has not been
received by them.
Your engineers took the stand that
the Court has treated the Atlas Bridge
Company with the utmost liberality
In the way Of payment on this con-
tract and we as the Courts engineers
could not recommend the authoriza-
tion Of any payments in addition TO
those already authorized The meet
ing was therefore without results.
Now, rs II is necessary for the con
struction Of this bridge TO proceed and
as The contractors have done no work on
the bridge since the noon Of August I
and have neglected to prosecute the
work with sufficient speed the court has
the power, under Article VIII Of the
contract 70
"Nl Terminate the contract
"t2l Take over the work and 70.
quire the contractor TO cease work, and
contract for the remainder Of the work /
to be done.
"t3l Employ any other person or per
sons to complete the work
1T is recommended that the court !
should pass resolution to the effect I
that inasmuch as the contractors have I
ceased work, and as the work has not 4
with sufficient speed, it is /
nQrps4arv for fho no,trt fo,. a. ,,,,, ,,,,