The Bemidji daily pioneer., 1918-07-09
.- - II
u,storica'

ToludluS LlldL Lue ClLy lSSueu uue ullls
for the various amounts which were
good for the money when sold by the
contractors.
Bridge Contract Drags.
"ISdon't know about any refusal,
remarked Alderman Bagley, "Nor do
know of any permission having been
granted the bridge company to ex-
tend it's time above its contract with
the CITY,"
City Engineer Swinson-"And the
delay in building the bridge has in
creased the cost to the city consider
ably"
The sum Of $1,S33, as an estimate,
was allowed on the contract last eve-
ming, $1,10O being held back until
the structure is accepted by the city.
There are yet some pile stubs in the
river beneath the bridge, broken off
Dy the contractors when an attempt
TO pull them was made. The war de-
partment has sent notice to get them
)ut of the river and it is up to the
contractors to do so or else the city
the contractors.
In their demands for the alleged
interest due, City Attorney Fisk was
instructed to give an opinion as tc
he legality1ofT the claim and the opin-
ION was presented to the council last
night. It is as follows:
Opinion Denies Claim.
"The contract, dated Aug. %, 1916
between the Illinois Steel Bridge Co..
by Zelch & Walton, N. w. agents
St. Paul, Mimi, and the City of Be-
midi, is before me to consider wheth.
or or not the city should pay interest
as is demanded in statement of June
10, 1918, filed by such agents Of said
bridge company.
"The contract provides that such
bridge company agrees Ito furnish
FOR the, City of Bemidji, party of the
second part, all material, and build
and construct one three span con-
crete arch bridge as per plans B.
on file in the city engineers office
and have the same completed for
travel on or before the first day of
January, 1917, to be completed in
accordance with the plans and spec
ifications hereto attached, which are
uclcUy q POI \ VI IiAS SOAIA oSC.
Clause in Contract.
"In consideration of the foregoing,
materials to be furnished and work
executed by said party of the. first
part, the said party of the second
part hereby agrees to pay said party
of the first part the sum of $22,-
772.00 in the following manner, to-
wit: To be paid for in city warrants
bearin 6 per cent interest from date
of ISSUE"
whether or not the bridge is COM
pleted in accordance with said con-
tract it is not my provision to pass
on at this time.
"As to the liability on the part OF
the city to pay interest on amounts OF
estimates from dates Of allowances OF
same, in the absence Of warrants
bearing per cent interest from date
Of ISSUE" having been issued for such
allowances, it is my opinion that the
city is not liable and should not pay
such interest, as Is demanded in said
bill for same so filed.
Company Valves Interest.
''The fact that said bridge company
specifically specified in such contract
the manner of payment, to-wit: "in
city warrants bearing per cent in
terest from date of ISSUE" and then
failed to take such warrants, duly
indorsed SO same would bear per
cent as the law provides, and after
such estimates were allowed retained
such estimates without any further
agreement, upon the part Of the city
TO pay interest, other than Is spec1-
fed in said contract, said bridge COM
pany, thereby waived any interest on
such deferred payments, and therefore
is not entitled to interest thereon.
1T is a fact that Notwithstanding
the contracts provide that said bridge
should "be completed for travel on or
before the first day of January, A. D.
1917" the same was not completed sc
travel could by any possibility be-
come universal thereon until on or
about the first day of June, 1918. Sc
that delay has not been entirely on
the part of the city. In fact, re-
port on such bridge has not, as am
informed, been made to date to the
effect the bridge is completed, sc
a report can be made of the actua
completion of such contract on the
part of the bridge company,