The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-01-28
COUNTY COMMISSIONERS REFUSE
TO RETURN FORFEIT CHECK FOR
$4,000 DEPOSITED BY MARX & co.
Claim Is Made That County
Road Bonds viii Be Ready in
Ample Time for the
Birmingham Firm.

The Escambia county road paving
bonds, which had been expected to
arrive yesterday, We're not received,
and the meeting of the commissioners,
was fateured by the reading of let
ter from Carter and Yonge counsel
for Marx and company, in which the
return Of the $4,000 check deposited
with the bid made on Jan. II was de-
manded, and by the passage Of Il reso-
luton a reply, in which the commits
sioners notified the attorneys for Marx
and company that the board would be
ready TO deliver the bonds IN accord
ance with the agreement as soon as
the bonds are received and signed by
the members OF the board and the
clerk of the board, and that the board
will expect Marx and company TO be
ready to pay over the money as bid
by it for the bonds.
The commissioners were advised
that the bonds were shipped from New
York by express on January p. Their
arrival was expected yesterday and as
they were not received in time for
yesterdays meeting, it is expectd
that they may arrive today. The COM
missioners will be in session today for
the purpose Oh IGCBlN4lE anu Si6lAll5
the bonds, should they arrive.
The case which has developed in
relation to the bonds is one Of the
most unusual in which the county has
eyer been involved When the bonds
were first advertised and bids were
received, it was found that every bid, |
except those which involved certain
conditions which were Objectionable,
were below par. and all bids were re-
jected.
The bonds We're then advertised
again, and on the opening of the bids
every bid was found to be above par,
with Marx and company leading by a I
margin OF more than $4,000.
On the opening of the bids, when w.
S. Watkins, representative Of Marx
and company, found that his bid was
so much higher than the other bids
he wished to recall it, but later recon
sidered this, and told the county COM
missioners that he would stand by
his bid
In the meantime, however, the com
missiOners having met in executive
session, from which every one present
was excluded, with the exception OF
the commissioners, county attorney
and members of local banking houses, .
it had been fully determined to hold
the bond representative to his bid, ac-
cording to statements afterward made /
by the county commissioners.
At the same meeting at which the
bids for the bonds were opened bids
were also received from the BurrOw
Press and the Mayes Printing COM !
pany for printing of the bonds, the bid
of the Mayes Printing company hav-
ing been accepted.
The case revolves around whether
or not a contract which makes Marx
and company liable to the county
commissioners within a period OF 80
days does not make 1t equally binding
that the bonds be delivered within 80
days. {
Following Is the correspondence be-
tween the attorneys for Marx and
company and the commissioners Of
kscambia county:
January 26, 1922.
Board of County Commissioners,
"Escambia county, Fla,
City.
Gentlemen:
Representing Messrs. Marx and
company, we hereby make demand
upon you for the immediate return OF
the certified check for $4,000 deposit
ed with the bid of Marx and company.
dated Dec. II, 1921, for s1.00o,000 6 per
cent Escambia county road paving
bonds. The bonds have not been de-
livered within the time required by
the bid and our client is. therefore,
entitled to the immediate return OF
said check or its equivalent
Please advise rs Immediately.
yours very truly,
CARTER AND YONGE."
January q, 1922.