| Show DECIDED SNUB SIB FOR KELSEY Council Sides With Public Works I Board In n Fight With Engineer 11 VS STRONG PROTEST anil Animated A Vu I I l e io i I r I HIM iii n Ir ii I of Jr llio Ilie tt Acrimony and ind sarcasm ami the use U of ot hut personalities character characterized Izel thu against tho thU adoption of ot the tho new form of lit contract which WM discussed dually passed at ut tho thu special je cial meeting of ot thu tho Council called ea II for tor forthe the thu purpose lust hll t night A considerable gallery of at contractors and others more inure ur or lUSH Interested In Iii the business Ju of the tho evening had aini the rate rata of ot the board bourd of ot public works ork 1011 oc ac occupied a n central and prominent position jUHt Inside the rail City Attorney Stephen was vui present hiD hlo iI assist assistant ant City anti and Ida hili iI brother Mayor Maur 1101 District At Attorney t torney tol und and other r prominent men menThe The fhe meeting which had been heen sched schod scheduled scheduled for was III not lIot culled to order till close on half halt past t eight und ani a little was precipitated by II JUHt Just is us a starter who tried to Introduce u B 1 resolution to t call down p F D lift for tor having tl a 11 fence In III front of ot th building now no being put mit up IJ on Baet between Second and Third South which extends four feet beyond be the thc th sidewalk alk Into the street III of ot belli being four flur feet teet the other side Ide of the tho curl curb U nt once objected that the lie motion was van out of ot order artier but President jl loOt dent Mr Mi It launched on oi UI tirade i the tilt president said sull as many things timings nn as he lie could think of ot about lI out him lii iii and a mi 1111 appealed from loin his Iii i decision The appeal was WR sustained nod and after artel this further delay deja the thi th special order older of ot hush busi 8 was US at Ill After Arter the tho little ripple had quieted down the tho recorder proceeded with the tho reading of tho the form torm ot of contract which deals with both work worl and amid supplies At the tIme conclusion of ot the time reading Mr Huckle Buckle who hud coiled called Mr to the chair ChillI said Bald he lie would like to have hare the chairman of tho the waterworks coma com committee explain the changes from froni the tIme theold old ohl forum form of ot contract Mr Air r Davis said that he had not n a copy COP of the old oki con contract contract tract with him Mr Ir said he could lurid lend him him one Mr rr Davis teemed to scent n u trap trull and angrily bade Jade the tho president keen kemi his copy COP and al refer r fer to It Mr then wont went out after the city attorney Ho III said ahI ah he had Imad neon time the written opinion of ot the tho city attorney Indorsing the till form torm of or contract at pres present present ent In lii us use Now ho h had before him an nn another other communication tram from Mr tr Ir Steph Stephens elms ells In which the new form torm was lauded anti and tho the old one discarded The city attorney was granted the thu privilege of ot the floor to reply lie Ho said that Mr 11 Huckle wan m In Iii error when whon he asserted that the changes chiames in the contract con were Vere made mado nt at tho thin suggestion of ot the chairman of ot the board of ot public Works He lie explained that our OUI city gov IOV government was as a tripartite one consist ing lag of ot the council which originated measures and was held In check by b tho time mayor tho the executive department which was the board of ot public works and the time advisory department which consisted of the city engineer and tho the city attorney attorn HP lie explained that the time changes he lie had Imad made In the contract form torm he had considered necessary from froma I In a n legal standpoint The most Import Important ant was that which took away from both and board the power to alter nIter contracts a power which whelm It did not seem slem to him belonged to them but Jut was vested In the council Ho He explained that he lie had eliminated the time engineer from the tIme wording of ot the old form torm of contract so ns as to prevent any disagree between bet tho the engineer anti and thi board which might give rise rl e to n a dead leai deadlock lock of work on contracts lie He was sas well rehI aware aare ot of tIme the engineers signal ability n It but Jut thought It was preferable that tIme the hoard board of ot public works should attend to the tho execution of ot the work and the en engineer gincer to sUcum s ch parts us 1111 required hl skill to tho time bending of ot sec thou lion 19 which reads Decision of at tho time board of oC public works work final Mr Ste Stephens suggested that this should be bc changed so as to read on of or a it referee etc In his hili opinion neither tIme the decision of ot time the board or the en ell engineer was ns final or n a bar to litigation He lie the time Parleys canyon conduit ease ISO and entirely exonerated the time NI m n from blame blante In III time the suit It Mr Ir then asked If IC the time position po nf of the council antI hoard board with to o contracts were serc not similar to 10 a ts large IlIre extent to that thoU of oC tIme tho directors of ot a railroad Yc In some Rome degree replied the tIme at nt attorney torney I orne you ou ever Ier seen an nn Important contract ct In III which Urn tim architect or en emma engineer was not the man to pass on id all contracts Have Uno you ou ever eer noticed among the directors an tin Important In Individual who ho puffed up his hili chest anti said Pa III All these supernumeraries ase There Is none In 1 It but me moo Even Eln If It I have hao not the technical knowledge I nm ant It Just time the same II Mr 1 1 Stephens St made no direct reply rell to tu this He lie Mid that the legislature had seen fit lit to take away part of time the pow power er PI of or llio Ule council and vest est It In the board of at public works The en cn engineer engineer and I have about the fame amne rights he ho continued anti the he ls n a right to differ from either cither of ot us mis Mr r Buckle then asked how hos It was wn that thin tho th city attorney had written a n aletter aletter letter to the time Council about twelve months ago that the tho old ohl contract was wall ample amplo to protect lirot ct the city It was at nt this Juncture Mr r In Interrupted interrupted with uth Ith the question to the tho chaIr chaIras ns nR to tn what was Willi before the Council Mr Ir made annie some Omo remark about the lIP density of ot certain members member and sal Fill he lie would like hike to ask two members member or nf orthe the board lawson I a won anti Farnsworth to explain the changes In the form torm of contract Continuing Mr r Stephens remarked that he lie had changed his opinion within twelve tWI month months 1 In hR regard r to the con contract contract tract t form ns its ho he saw tIme the matter In a n different 1 I IM gM now no He would In bl I H It i foor roan man for city attorney he added It If he hi h was WAR incapable of learning sonic some something timing thing new In n the case In twelve month months Mr Ir offered as ns amendment that the city engineer be ie Included In with tIme the board In three separate sections of or the Hie contract but hut when the time amendment were ero voted volt on Inter IMer they nil lost IP ir 1 tiet the time form orm of ot contract was actually adopted without change When whon finally at Rt the request t of Mr rr Mr holsey was as accorded the privilege of or the floor he hI read reach n a letter which he hud had addressed to the Coon Coun Council ell cil charging that the new form torm of ot con contract tract had been beel drawn up without his hs having an nn opportunity of at being heard on the tho matter The letter was wu as as liS s fol fel foll felI l I lows TIlEE TilE PROTEST To ro the Honorable President and City Council COl n 1 Salt Salt the time mutter matter of at tho time form of ot contract und anti which will 1111 before you IU this for approval I desire to the time following statement In answer to the tue attorneys report t ort anti and tho time statements of at the tho chairman and attorney attorney ney ne which have been published In the papers pa III pets This contract was as changed and rec reI recommended without giving me mae nn an to be heard hell Id After Arter It was Willi pre iro presented boated to the time City Cily Council I tried to get gel the tIme contract arid find out what changes hail had been made and ant although It H was as a that directly direct I concerned my jay department I I toM that hint I 1 could not sec see It until Tuesday afternoon when It was to be approved that evening I did dill not get n II copy cop until the tile night be before before fore tore tIme the th Council meeting and It was 1119 then too late to take tho time matter up All Mi Important city contracts for or the past eleven ellven years have hn been drawn by b thu tue engineering department It has custom heretofore to Maw draw contracts Ct that would suId protect the city And It t Is n a well known fact that this has been done so far fr as us It Is possible po to do BO so In a n contract In time the of at the contract which has hus been referred to by b the tIme attorney tho the ruling ruing in this tills case that a I notice to make repairs which was WIlS sent separately one ono signed by lIy the tho th board anti the tho other by b the tho engineer was not miot a ii notice anti that It should have had hn VI been one notice sinned by II both did dill not affect the time The Th city cl attorney claimed that this ruling was as asun an un error amid furthermore in n discussing this matter with me the time trial and subsequently regarding the of at appealing time the case caso did not at tach any an Importance to the notice and stated stilted that a Jury halm no knoWledge of ot such matters would con can consider eider sider the pavement In a n fair toll ly iy 1 good condition and would only onis allow the time city as ns much touch as In their Judg Judgment meat ment IM necessary nece Ir to repair It which they the lid did And also for tor time the thorenson reason renson that one of fir the witnesses had Imad admitted that time the pavement com compared pared favorably tao rn II I with pU In other cities he thought It advisable to compromise the time case CUBe This wa nearly n a year ear ago 1110 anti and If It It an aim Important shatter matter why wh did he hm h not call attention to It before lie Core 7 The attorney says RUS time the engineer will continue to make specifications There Thera Is III nothing In tho the contract to that t ef ct effect feet anti and time the specifications submitted are changed Numerous changes have been made In lit these specifications The rime specification for cast Iron pipe lies has been leen changed n as al contended for tor or by contractors tore tors Ho lie also says sas that the Inspection of ot the tho work will still he bl tinder the time en engineer engineer There Is III nothing In the time con contract contract contract tract to that effect The engineer has hilI absolutely no authority under time the con contract contract tract and that Is la exactly what the con can motors have been fighting for tor In this city for tor yearn r The Time engineer does doell not have hao technical direction of at the time work ork ns nR stated While the time law gives the time board hoard authority to supervise the th work It does dO R not contern contemplate plate that all nil authority shall he ho 10 taken from time the engineer ns liS has hila been done anti no such construction has hn over oer been placed upon It before It H Is simply lImp car out the plan of at the chairman anti and others who mire are trying to take all au away aay from tram the time engineer Could a contract be more absurd le Ie legally gaIly gally or otherwise oth than the one ono under tinder consideration A contract for tor or municipal pal pili aI work vork with no provision tar for engi engineering engineering supervision A h contract under tinder which tho the engineer has hM no authority but hut which requires him to certify to 10 the tM work An opinion of ot such lIch sucha a it f contract would bo be that It ii would not tho tue city elt It Is 18 very verr hard bard to get work lone done prop ny under a n rigid contract anti and iny In one who has hAR had expert nce nee In such matters knovs vs that i 5 1 contract alone nl ne will not hot protect the Ity It unless the work Is 1 In the tho hanh f t men inca who will sw see e that It Is IR enforced noes oes any one think for tor n a minute that he hie Interest Inh rt will bo be protected un r r contract when the authority is III t teft eft t rt solely with the tho hoard board anti without supervision Such a thin thing I of hers heo or In tiny other city The lie TI evil ell which he says III IP C to avoid would WOl I moro more lIlt It If the tile suggested changes cimanes are arc At the tue of ot this Mon Ion iou I submitted tho form orm of ot contract to to o the limo city attorney for approval f Rr r It II could euld not nM be 10 salt said iter r that the tb had not been approved bv In him himMe Me III te unqualifiedly approved It saying III in ils is 15 letter It amply II lit ph protects the rih j n every None on of or the alleged hs were wre pointed out omit and amid no 1111 found with It at nt that time Ump The cause OU of or the Is 11 ocr orr natters nutter where the time board and ct Independently as nIl n In the matter of l time the contracts provide that the board or the engineer can cnn re cc reo it ct defective 11 t tI work or materials Sup Suppose pose ose n f the th city defective york vork how doe ioe the time city suffer stiffer nN time the to tn the lack IlIck ise nf tr harmony between the board end and time Iho th I will ay say M that th the engineer not responsible for this anti and there therein in been en no recent trouble until this till matter came up tip I took no part PITt In It H until it trims us made Limo tho th basis lasis of an 1111 at lit attack attack tack on my may In department and nid that I 1 will not submit to but will 1111 defend my suit sulf a long an as I 1 remain In III Tile The chairman says U 8 nothing about the tho changes in my ilmy plans in tho the Moran con call conduct tract duct by IJ tho limo council at tho time recent recommendation arid suggestion of ot time the board which Increased ed time the UI cost of ut the work The rime fear em that time the engineer might order ordel some additional work did rot cot prevent tho time chairman sending let toni tors to mo mime requesting anti urging ur that I order Moran to furnish a n lot of ot now no Clist Iron IlOn pipe mime under his contract nt at the time old und anti higher price of at n a I year ear ago no and 1111 I 1 declined to do Time Tho published statement of or the elton chair chairman man anti thu annual I report re ort of or th time board regarding cost co t of ur the time reservoir tiC uie n II l of the lie tad farts anti and the till figures given are aro not correct the time attorneys 1 lorne R suggestion that hat I the tha stem k should hI be hi In the tIme hands of JOe who Is Ill h working for Cor the Limo Interest I will say Im ho lie olt 1101 j jn n a single where the city Nty luin has suffered any ammy 1111 loss through any ammy act of mine under any aim 1111 contract that huts has been drawn by h me lite during my may m term of or FRANK FRANIC C KELS Y 0 City Engineer Mr r el oy explained that there were In all 1111 twenty changes In III the tho now new form torm of which eoven were Important ones Olles anti and under tithe this note new lie contract his imis au nu authority was tas sO abrogated that It would make It very sery rc ablo for him to supervise city Ity work worl |
