The Bridgeport evening farmer., 1914-06-30

OOAAACE VV1tA dVAuy dlU
 Sewer Commission to See if
 'sDeal'' Can Be Strengthened
 Out.
 Warren Brothers are illegal and futile. then they don't need any resembling, they are. absolutely illegal and void,' declared City Attorney William H. Comley. Jr., at the special meeting of the common council, last night The city fathers were met to consider the attempt to grab $16O,O0O of the $200.- 900 pavement bonds which were re- gently voted, and divert this great sum to the laying of about eight miles of Warrenite pavement about the streets of Bridgeport.
 Clearly and forcefu1Iy the city at torney reiterated his former opinion. given the paving. and sewer comn1is- sion, that, after the common council had SI5ereo~ the director of public works to lay bituminous macadaIn in the streets mentioned, he had no right or authority to make contracts for Warrenite and call the contracts macadam repairs.
 The opinion of the city attorney as rendered the paving and sewers com mission was read by City Clerk Robin son and in 1t the-city attorney declared his opinion that contracts for paving to be paid for out of the issue of paving bonds could be made only by the paving and sewer commission.
 While he deplored that such unfor- tunate contracts had been made the city attorney said that expensive 1iti- gation was likely to follow if an at tempt was made to void the contracts and he advised that a. committee of aldermen be appointed to confer with the paving and sewer commission to endeavor to arnicably straighten out the mudd1e.
 Alderman Miller moved that three aldermen be appointed by the mayor to confer with the paving and sewer commission and Alderman Moran sec onded the motion It was unani4hous- Iy carr1ed. The mayor said he would appoint the committee later.
 No members of the paving and sewer commission took part in the conference. The only member of the Commission present was James H. O'Rourke, who sat in one corner eofS Wilson to take seat with the alder men Commissioner O'Rourke said:
 ..I am not. here as a. representative of the paving and sewer commission, but as a private citizen. prefer to. sit here where I can have all my friends in front or me- rather than behind me-
 About 200 persons were gathered in the spectators chairs, filling every seat, and many stood in the aisle or about the room during the tedious ses- sion all appeared greatly interested in what transpired. A question by Alder man Miller brought out the clear and fconcise opinion of the city attorney.
 s'I would like to ask the city attor- aey,'' said the alderman, eff. in his opinion, it would be for the best in terests of the city for the council to rescind it's former action 70
 eff you should rescind your action of June 1,'' said the city attorney. sI believe you would be committing a. serious tactical error. The substance of your resolution was not that cer- tain streets be repaired or that the director of public works be instructed to make contracts for Warrenite. It takes two parties to make a. contract and there are always two parties in voIved if 9. contract is to be broken
 1T am a young man, yet have had some narrowing experiences with the law a11d while believe that these con tracts are absolutely Illegal and there fore void, if it should transpire that am wrong, then you will have put yourselves at the mercy of Warren Brothers. If there is any intinnation by your body of a disposition to repudiafe the contracts the Warren Brothers have only to pack up their traps and leave the city, then for a, very modest retainer they may en- courts obtain such damages as may be awarded them.
 tBut at present the situation is such that the Warren brothers are the ones who must do the worrying. When the Warren brothers signed those con tracts they were charged with all the facts. They went into this thing with their eyes open. Then why should the city take on responsibility?
 "In so far as these contracts are valid that validity is complete, in so far as they have no validity they may be Ignored. Our concern however, is really. how may the city's business be transacted expeditiously and advan- tageously rather than whether or not these contracts may be repudiated., Litigation means delay in paving work and the city's business.
 If the contracts are fair and the city will get it's moneys worth, then why not let the contracts stand?
 Why cannot the paving and sewer commission and this common council get together and arrange some amica- 'b1e settlement of this unfortunate situation2
 we are confronted with serious situation ana the only way can see out of the difficulty is for a, confer ence of a committee of this body with the paving and sewer commission. Either get together or we have got to sit down and fold our hands until some court of final Jurisdiction has told us what the law is.''
 The remarks of the. city attorney were warmly applauded He was not feeling we'll last night and some trou- bIe with his throat prevented his speaking loudly. But absolute quiet remained during his remarks.
 Early in the session the mayor read his message in which he told the story of how the Warrenite contracts were rushed through "A hours after a reso- Iutfon calling for bituminous maca- dam on certain streets had been pass