Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-04-26

The opinion of City Solicitor Connolly
regarding the legal and financial condi-
tfons that should govern the resumption
OF work on the Broad street subway under
City Hall will be taken under considera-
tion by Mayor Smith and his cabinet at a
special meeting in the Mayors Office to-
morrow.
The regular meeting of the Mayors
Cabinet was held today, but owing to the
press Of other matters II was decided to
hold a special meeting tomorrow to dis
cuss transit only. Mr.. Connellys opinion
and the question of a new contract with
the keystone State Construction Company
were mentioned today at the conference,
but only so briefly that none of those
present would discuss transit after the
meeting.
The Mayor said he would lay before the
directors tomorrow the question of ap-
pointing a transit commission of proml-
nent although politically disinterested citi-
zens. Whether this commission should
deal only with negotiations between the
city and the Philadelphia Rapid Transit
Company for an operating agreement for
the new high-speed lines or should also
consider the work under City Hall, the
Mayor said, was not yet determined.
Transit Director Twinlng before the
Cabinet meeting today said that his first
step would be to have the engineers of the
Transit Department Immediately begin
work on a plan for the work now consid-
cred necessary under City Hall. With the
change from the original plan of under
pinn.ng to that of rebuilding the founda-
tion walls, the engineering details OF con-
struction will have to be determined upon
before work can proceed.
CAN'T FIX COST NOW.
The cost of the additional work. the Di-
rector added cannot be estimated until the
engineering details of the work have been
onA "a
he indicated. will be covered by the force
account" item In the original contract with
the Keystone State Construction Company
up to the amount Of S2,00o,o00. and for all
additional work to cost above that amount,
It is likely that bids for new contract
win be advertised for.
The opinion of the City Solicitor. given
in reply to series of questions submitted
by Director Twining, makes 1t plain that
the Keystone State Construction Company, l
in Mr.. Connelly's view. Is not required un-
der the terms of the existing contract to
rebuild the foundation walls under City
Hall. The contract provides for the under
pinning of the Hall and, according to Mr..
Connolly, underpinning cannot be inter-
preted to mean rebuilding the walls.
The extent to which the reconstruction
not provided for under the original contract
shall be carried rests entirely with the
city authorities. according to Mr.. Con-
nelly.
PUTS 1T UP TO TWINING.
In short. while defining the legal rights
of the city and the contractors, the City
Solicitors opinion put squarely up to the
Transit Director and the city how the
work shall be continued. Director Twin
ing may advertise new contract; he
NAV permit the work done under the
force accounts" item with the figure of
1000, 900 as the limit of cost, or he may
have 1t done under an estimate made by
the Chief Engineer of the Transit Depart
ment. subject to the joint agreement or
the Director and the contractor.
The City Solicitors opinion also holds
that the keystone State Construction
Company should have compensation for
expenditures made necessary by the sus-
pension Of work ordered by the city.
Mr.. Twining had asked the City Solicit
or whether, II the city should furnish
design of the central station
under City Hall. SO planned that the roof
OF the station would form the basement |
floor of the building. thereby eliminating |
AL foundation rebuilding, the contractor |
and his surety would be bound TO carry |
out this plan without extra compensa- |
tion except for the additional work at
the ffEed unit prices.
MIR. Connolly replied thy this question |
was OF too indefinite a character to per- |
init OF a categorical answer