Weekly journal-miner., 1916-03-08
OFFICE. OF COUNTY ATTORNEY IN
 THE CLEAR
DREW CONTRACT FOR FOR NEW COURT HOUSE ACCORDING TO INSTRUC- TONS OF BOARD.
(From Tuesdays Daily.)

lCWlllS SldlClllClllS-
 It appears that from certain loose
 assertions and various curbstone opin-
 ions the public is being led into be
 lieving that through the medium oi
 the architects contract the county
 may suffer great loss. Tn making
 these statements, 1 do not want to be
 understood as taking sides in the diff ferences which apparently exist be- tween the members of the board of
 supervisors. I am, however, desirous
 of making the position of the county
 attorneys office on the matter clear,
 as lo not feel that we should allow
 reflections to be unjustly cast on our
 office.
 The contract in question was drawn
 up by the writer at the request of tho
 entire board. The record will show
 that the board, having met with Mir.
 Bowman, called me in, and the sub stance and conditions of the contract
 were all agreed upon by the board and Mir. Bowman. l have nothing to
 say in reference to the substance and conditions of the contract. The in spector and expense features which
 have been discussed, and in fact all
 the conditions of the contract are
 matters entirely for the board, and with which our office has no concern. except insofar as we may be called upon to decide their legality How
 ever, it is the position of our office that the expenses mentioned can only be recovered when incurred On mat
 ters of actual superintendence We do not believe that Mir Bowman can legally be reimbursed for expenses on account of trips from Prescott to
 Denver and return. He is supposed tc be nere, and ii he returns to Den yer on business unconnected with the court house, that is matter for him SSiA aAOAN. Ol COuiSSf IT IIG SHOulO be compelled to make a trip to fac tory or elsewhere for the purpose of inspecting material such expense would be legal and proper, and, a. we understand it. is usual under con tracts of this kind.
 I do, however, take issue with. and strenuously object to. the wild con structions that arc being placed on other portions of the contract, and particularly with reference to the duties of the architect. the provisions protecting the county, and the so- called general features. These arc all matters of form and for which our office takes full responsibility state without reserve that under them the county is amply protected, and in fact the provisions in the form drawn arc to the advantage of the county. 1 made these provisions general in form and elastic for the very purpose of securing advantage to the county. The strength Of a contract of this kind lies in its generality This is a contract of service. The architect has a thousand and one duties to per form, an enumeration of which would | be as tiresome, as long and as unin- telligible as "set of specifications"
 The duties of an architect under a contract of general superintendence are as well understood and as incap | able of complete definition as the duties of the farmers boy, the grocery clerk or the maid of all work All | are at the mercy of the employer, cx- cCpt that the architect makes mis- takes and falls down on the job at his own peril and expense. while the mistakes and indiscretions of the others fall on their masters.
 Under the contract. paragraph ?. the architect is required to superin- tend the erection of the building and the installation of all fixtures and equipment. By paragraph 3. the architect is required to personally make visits to the building for the purpose of supcrintendence of such frequency and duration as will sut ice or may be necessary to pass upon he merits of the materials and work nanship. etc. These provisions mean ust what they say. ana require the presence of the architect when the cement foundations and sustaining walls are being erected, and at all ines when work or materials are be ng placed in or upon the building, ; yhich are not susceptible of adequate inspection. for unless he { we're present at such times it would { ,e impossible for him to pass upon he materials and workmanship, a. 'rovided in the contract. Under this