Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1922-06-07
CITY OFFICIALS ANSWER

COURT. VERNON COUNTY.
Chris Ellefson, Plaintiff, VS.. A. +
Smith, Mons ID. Helgeson, Eugene G
Helgeson, Perry T. McHenry, Martin
o. Larsen, John Side, Frank NJ. Min
shall, e. j. Older, and J. ]. Connolly
Defendants.
Comes now the defendants in the
above entitled action and for answer
to the complaint respectfully states to
the Court:
First That the defendants deny
each and every allegation of the plain
tiff's complaint contained in para
graphs four, five and six thereof.
Second-Further answering defend
ants allege that at the time the afore-
said defendants as officers of the City
of Viroqua, passed the resolution men,
toned in the complaint, that the city
water of said city was badly polluted
and had been declared By the state
chemist to be unfit for use for domes-
tic purposes.
Second the Common Council
of the City of Viroqua realizing the
necessity therefor asked the defend
ant, j. j. Connolly1for an estimate OF
the cost of building reservoir at the
city's pumping station for the storage
Of water. That prior thereto said
Council had received from VIC .Kirch-
offer, Engineer of Madison, Wis, plans
and specifications for such reservoir
which were supplied to the said J. j
Connolly for the purpose Of making
his estimate of the cost thereof ac-
cording to such plans
Third-That thereafter and on the
26th day Of December 1921, the said
J. j. Connolly presented to the said
Council a bid to construct such reser-
voir and to furnish all the materials
therefor according to such plans and
specifications, at and for the sum OF
S5450.00, with the express provision
that work could be commenced thereon
at once, for the reason that the ex-
cavating would have to be done be-
fore the ground should freeze in order
to do the same for the amount bid.
Fourtha-That the said Engineer w
@. Kirchoffer was present at said
meeting and stated to the Common
Council that he had just come from
Cedarville, Wis, where bids had Just
been opened for reservoir under the
same plans and specifications, and
where conditions were such that a
reservoir could be built more cheaply
on account of freight rates. and ma
tural formations of gravel and sand
were prevalent, and that the bid OF
defendant j. J. Connolly was much less
than the lowest bid received at Cedar
vile.
Fifth That had the Common Coun-
ell advertised for bids it would have
taken some four weeks, and on account
of freezing and other weather condi-
tons it would have been impossible
to have built the same during the win
ter.
Sixth-That the defendant J. J.
Connolly was in Viroqua, having just
completed certain other contracts for
said city, and his equipment was sta
toned in Viroqua, and he was ready
to commence work thereon at once.
Seventh--That the said City of vi
roqua entered into a contract with
the said j. j. Connolly, which contract
was in writing, and duly executed by
the City of Viroqua by its Mayor and
Clerk and the said J. j. Connolly for
the building Of said reservoir and the
furnishing of all the materials there
for, and the said j. J. Connolly gave
bond to the City of Viroqua, which
bond was duly conditioned for tbs
faithful performance of his said con
tract according to the plans and spe
cifications.
Eighth--That the said contract wa.
fully performed by the said ]. J. Con
molly, and after inspection by the en-
gineer for the City of Viroqua, was
thereafter accepted by said city anC
the amount of the contract paid there
for.
Ninth-That the defendants acted il
good faith in all of said transactions
doing what they considered to be tn.
best for the interests of said City
That by the letting of said contract
at the time~the same was let, and get.
ting the work done at that time, and
at the price paid, the city has beer
saved large amount of money, anc
that the plaintiff as wen as all Other
tax payers of said city have beer
greatly benefited by said action of the
defendants.
Tenth-That the defendants E. ]
Older and Frank NJ. Minshall are
Clerk and Treasurer of said City, anC
that their acts in relation to the afore,
said contract and the payment of the
price therefor were ministerial acts
only.
Wherefore the defendants demand
Judgment that the complaint in sale
action be dismissed and that they have
and recover their costs and disburse.
ments.
PROCTOR & PROCTOR
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