The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, February 25, 1904, Supplement, Image 6

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8k dition which must necessarily surround Kara thes? eioseta as Ions as they were so BrcKaPF located. Realising the importance of such conveniences, and being convinced that some provision f- r them' 1 -xust be made before the permanent j HpaK.i,? v^rfc on the State house wua completed. the commission sought to provide a different, more convenient and safer locality in */Tfce building for these closets. These new closets were not contemplated when the question of ' completing the State house came before the general assembly, nor were there any plans, speciilcatlons or con- , trdct relating thereto: but the commis- j sion believing that out of the uppro- ; prlation enough had been saved to in- | - stall these necessaries, ipude such contract with reference to them as justifies us in courting the most rigid investigation. At the time the fixtures I were installed there was no sewerage system in the city of Columbia, and no ; ] % municipal regulations ooverimr detniiu : which though adopted for the sake of < uniformity and governmental regu- , latton are but arbitrary. Since this in- . stallatlon there has been no complaint MI of the presence or suspicion of the ex- | istence of sewer gas. and the location , of the jclosets Is such that If the pres- , ence did actually ?xist there could be j ( no detriment to the health or lives of the occupants of the State house. This determination on the part of the committee to make this arrangement whs most fortunate, as subsequent . events proved, for the discovery was J about that time made that the old water closets had been silently and un- x suspectingly venting their gases 1 through secret and unknown flues in ] the brick walls of the building into 1 the offices upon the lower floor and ? spreading disease and death among the 1 State's employes. The commission of 1 sanitary experts appointed by Gov. J Hey ward, while criticizing some de- , ; nils of the new work, ordered the old ' closets peremptorily nnu immediately ' removed from the building, and in this 1 demand Mr. Edens, the sanitary In- ' spec tor of Columbia. Joined. The grates 1 or Are places In several of the offices * were directly connected with these closets and had to be hermetically 1 sealed until the old work was removed from the building. 11| The condemned closets had been in- ? stalled at great expense to the State t under the direction of the commission > which erected the "splendid ten thous- 1 and dollar steel celling" in the main 3 lobby, nearly 15 years ugo. largely un- t der the supervision of Senator Marshall. who was then secretary of state, i i We desire to impress upon you the : t fact that you have not been put In pos- t session of any evidence or statement as , to the apparent condition of the State , house upon the day when the accept- j ^ ance was made and the final install- t ment paid to the contractor. We, t therefore, inform you that when the . work was accepted and the money paid N a personal inspection by special com- v mlttee of the commission was made i V .?11 -w ...v.. all UL 119 uticssiunes, t r appeared in perfect condition, and t every stone laid under the contract { was free from cracks or apparent defeots. and this notwithstanding: a test ' period of nearly or quite a month had elapsed from the date when the build- * ing was tendered, during which period J we were satisfied that a sufficient test r had been made. During said period 1 there were several precipitations of ' rain, notably on the 12th day of May. ? i 3902. when the rain began to fall about ? 2 o'clock in the morning and continued J ' until about 7 of the same morning. 1 during which time nenrly an inch of ' ' water fell. Rain followed again on ' the 14th. falling during the night, and t on the 15th. when in 21 minutes 3-4 of I an inch of rainfall was registered. < Under this severe test the roof ap- j t peared to be perfect as far as protec- 1 tion from water Is concerned. This 11 statement is made on official informa- i tion given us by the United States uu- i ttoorlties. mJKgSS , We confess with the utmost candor ; t that in some respects, particularly as i ? to the roof and the floor lights, we have \ y not been altogether pleased with the j t result of the work. But these at the i worst are not as serious as would have i S. been blunders involving the construe- I . tion of the stone work, und other more i permanent portions of the building, t which has come up .to the full measure I of the expectation of the commission, t It is well to remember, however, that i we are too prone to dwell upon that ^ which has not come fully up to our t expectations, while ignoring the fact . that this man probably succeeded in i more important matters where another t would have been subjected to just i ; criticism. ] We have scrupulously avoided, either f In this communication or in any of the , steps leading up to the opportunity ' , which has been accorded us by your t honorable body to set ourselves right. , in making our cause common with that of either the architect or contractor, and have endeavored to divorce our- j selves insofar as possible from them. First of all, though out of otllce, we are in a measure servants of the people and of the general assembly, and if . t that tribunal deems the State to have * suffered injury from either, our first duty is to the State. However, it is but justice to say that } we have found the contractors in ail 1 their dealings with us honorable husi- | 1 ness men, whom we believe to be above 1 suspicion of wrong doing, and who i 1 sougnt to live up to the true intent and lj meaning: of their contract with the u State. J! We desire it understood that we do '* not claim that it is impossible that im- s positions have been practiced upon V this commission by the architect or '' contractor, for if any vital defects ex- I1 ist in the building: or serious mistakes U can be shown to have been made, these ? must have been the outcome of the " commission having: been misled, but we 1 do assert in the most positive manner t that the findings and the conclusions c contained in the report of the joint in- " vestigating committee are not sus- n tnined by the evidence therein con- e tained. and if they are ever sustnined fi it must be by evidence produced before u another tribunal. Whether this com- ! tl mission or any of its members were c< ever designedly or unintentionally im- v posed upon or deceived by either arch- , b Itect or contractor, it can only be v proved out of the mouth or mouths of p such member or members, unless it be 1 n conceded that the members would com- ii mlt perjury In order to hide the facts, d We would remind your honorable h: l>ody that this commission has not deemed it to be its duty to go into th** newspapers to defend the course of the r majority, and that as but one side has heretofore been presented to the public, we realize that it is but natur 1 that (he conclusion should be drav . that there has been but one side to th< rpjestion. If. with all the facts before you. you should conclude that the < ?< man has been always right and the nine men alwavs wi-nntr plued in extenuation that we have ?t? , the U=rt we oouid for the State. awed by influence, and unbrlbed by j-l gain." In this report we have end-mv- N* ored to state the facts fully, candidly I and fairly, "nothing extenuate and Sl naught set down In malice." ( All of which is respectfully submitted. . , s, M. B. McSweeney. (]i G. Duncan Bellinger. ei H. II. Jennings. tl J. Harvey Wilson. n< Robert J. Gantt. W. J. Johnson. Columbia. S. C.. Ferunry 19. 1904. Having taken up the official duties upon the commission at the expiration of the term of the Hon. W. H. Timmermun, my predecessor. I had nothing to do with the election of the architect, or the awarding of the con tract, but as to ail the facts relating . 11 to the actions of the commission, and b the opinions expressed tierein with ref- " eren<to thns? facia, expr sseil in the j h Hb iiliovi' lat'ff' 1 ' 1 * - vyw* % ? urn iu utility tiCCOl d M # v-f - ','v" Vj*-f with the report of the commission, and with the limitations above expressed 1 have signed myself us a responsible member of the commission. It. H. Jennings. Under the resolution passed by the general assembly of Souih Carolina, allowing the members of the State house commission to tile such statements as they respectively desired to make. 1 submit the following: That in the election of architect to tnake : luns and specifications for the completion of the work on the State house I did not vote for Mr. Mllburn the acceptance for the completion Mellvaln-Unkefer Co. was the only one that came within the limits of the appropriation. ami it resolved itself into the acceptance of the same or a postponement of the work until the provisions should be made by the State legislature. When 1 went out of office as State treasurer my connection with the commission ceased, and I am in no way responsible for the completion or acceptance of the work of the contractor. I did not pretend to have any knowledge of architecture, and could therefore have . .sily been imposed upon as to the beauty and the tinish of the architecture. Very 1 'pectfully submitted, \V. H. Timmermun. EXHIBIT A. Personally appeared G. Duncan Bellinger. who being duly sworn, says: That in the late fall of the year 1W3. upon casually meeting the Hon. J. O. Patterson, a member of the joint investigating committee, and ascertninng accidentally from him that he had just returned from Columbia where He had been in attendance upon said .-ommittee, 1 asked hint if the commission would be accorded a hearing Before his committee. In reply to this Mr. Patterson stilted that Mr. Aldrich was the chairman of the committee ind advised me that if such request was made of the chairman it would )o granted. Deponent referred to reasons mutually known to him and to Vlr. Patterson why such request would >e unpleasant to deponent, upon which dr. Patteison assured ine that ie would himself notify the chairnan of the desire of the members of he commission to be heard. This con- . versation occurred in the town of jarnwell on a Saturday night, within 10 feet of the paling of Mr. Patterson's 'ront yard. Subsequently and before the occason next to be referred to in the same own. and near the -same locality, I ocalied to Mr. Patterson our previous onveisation and asked him if the ight which we had demanded would >e accorded to us. and lie assured me : hiit it would, and that lie had spoken I o the chairman on the subject and the' irobabllity was that the Illness from vhich Mr. Aldrich was then suffering vus the reason why I, and other members of the commission had not been lotified. 1 again Impressed upon him hat this request was made on behalf if all of the members of the commisilon. These are the occasions to which I , eferred in the communications which recently published concerning this equest made upon Mr. Patterson, and it that time 1 had no reference to any ther: but his published statement. nairl tn liovn Kaa.-. < ? .l.vf.oio., .W KIo ..... .... ....... W.V... ... ... ..... onduct, while explaining upon the loor of the house of representatives, j he Injustice done by his committee o members of our commission recalled o me another and third occasion when his demand for justice was repented, n the city of Columbia, on the night if the 17th of December, just passed. ?ne of my partners, the Hon. I.. \V. duskell. who is a member of the house ?f representatives, and myself went by ippointment to the Columbia hotel to neet some clients from the city of \ugustu. with whom we conferred until about 12 o'clock. After this conference and when about to leave the hotel .ve met Mr. J. O. Patterson, who requested us to (to to his room, as he Aould have to sit up to catch a late; train. While in this gentleman's room lie subject of the investigHtiiiR com- i nittee arose and 1 learned accidentally hat n meeting of this committee had jeen very recently held. Becoming j hus convinced that the promised hear- j ng was in a fair way never to he ac- I :orded to us, I most earnestly attemp- ! ted to Impress him with the deterinin-' ition on the part of some of us to tppeal to the legislature were we so infuirly treated as not t<> he accorded 1 in opportunity to be heard. Again I eceived empty promises and vain asturances. A very recent conversation vith Mr. Haskell warrants nie in thej assertion that he was present and re- ; alls that the request was most enrn>stly made G. Duncan Bellinger. Sworn to before me this. 18th day of February, 1U04. J. T. Gantt, Notary Public, S. C. EXHIBIT R. state of South Carolina?County of Richland. Personally appeared W. J. Johnson, vho being duly sworn, says that durng the present session of the leglslaure the deponent liad an intimation hat the commission for the compleion of the State house were RoinR to e seveic'.y eritieised by the committee ppointed to investiRate the several eports of the commission. That the eponcnt immediately looked up ltepreentative Rawlinson, who was a memer of the investigating committee, and I uformed hiin of what deponent had eard, and further informed him that f the reports of severe arraignment | r criticism were true that the com- ! lisslon hu<l a right to be heard, and hat an opportunity should be given | hem. That Representative Rawlino? assured deponent that there was' othlng in the rumor and that the comlission would not lje harshly criticis- : il ami that liis committee had not ally made up its report: that they ould have another meeting tind all! tie membera <>:' the old commission auld be heard: further stilted that it as his Impression that ail the memers of the commission had been inited to attend their meetings: deonont inforntfd him that none of the tent be i> ot the commission had been tvited to an: of the meetings so far sis eponent knew, certainly deponent [111 not been. \\\ J. Johnson. Sworn to betore me tliis, 18th day of 'ehruary. I!?M. Lewis W. Haskell, Votary 1 hi bile for S. C. KXHIBIT C. tote of South Carolina?County of "Richland. Personally appeared before me 'A. H. als. who being duly sworn, says: hat lie is a reporter for The Daily cord, si newspaper published at Conoid : tlist t in company of Lewis Obu. at that time reporter for The otr* and Courier, he applied at tht <rieultural committee ni.?r. la the late house, where he heard the legistlve committee Investigating tin ork on the State house was in scson, for permissi*wi to report the evience and proceedings; tliat dcponit was told by one of the members of le committee that the meetings were at public. A. li. Seats. Sworn to and subscribed before me, lis l(lth day of February, 1!>04. A. C. DoPass. Xotarv Public. KXHIBIT 7a Lewis Wood, being July sworn, i.vs: Tliat he went to the agricultnil committee room where the invest!* ating committee was in session, and tquired if there was any news of the ; lvestigntion to i.e published at that inie, and llial lie was told by. a uiem- j ber of the committee thut there was none. Lewis O. Wood. Jr.. The Stale. | " I Sworn to before me this 16th day of February, laoi. E7. O. DePass, (L. S.) Notary Public for South Carolina. Exhibit E. State of South Carolina, Itlchland county. Personally appeared before me L). H. Means, who bein>? duly sworn says that he was summoned to produce certain records of th< commission for the completion of the Slut* house and to testify before the "Joint committee <to consider the several reports of the commission on the completion of the , StfltH hdlKM ntnl 4 | to." which committee vas meeting in tiie agricultural committee room of | the house. Thut he entered the room and was about to be examined when another witness was announced as present whereupon deponent was informed that he was excused until the said committee had finished with said other witness. That deponent tnen withdrew and waited in another office i in the State house until after the departure of said other witness when deponent was again summoned to appear and testify. That during his examination by said committee while deponent was endeavoring to put in what lie considered necessary or nroper qualifications of "yes" and "no" answers [ deponent was interrupted by the chairman with the statements "answer the question." and "you need not go in to that at all." Thut just after the examination was completed the chairman of the committee requested deponent to say noth, ing of what hud transpired during his examination by said committee. That during deponent's examination by said committee Senator J. Q. Marj shall was present. That some time subsequent to deponent's examination by said joint committee ex-Attorney General G. Duncan Bellinger, handed to deponent a letter written by said G. Duncan Bellinger to ex-Gov. M. B. McSweeney. dated Dec. 219(>3, of which the following is a copy: Columbia. S. Dec. 22. 1903. lion. M. H. McSweenev, Hampton C. H.. S I' Dear Sir: 111 reply to your communication I write to say that 1 recollect than on May 31. 1902. when you were governor and 1 attorney general of Soutli Carolina. 1 received from you a I letter of date May 31. 1902. a carbon* copy of which is to be found at pages | 140 and 141 of volume of "Public I.and ' Better Book. New Series. No. 1 to 200," I of which letter the following is a copy. to wit: "Columbia. S. C., May 31, 1902. "Hon. G. Duncan Bellinger, Attorney General, Columbia. S. ('. "Dear Sir: You are familiar with the action of the commission for the com- i pletion of the State house at meeting( May 23, 1902, to-wit: 'Resolved that it appears to the commission for the completion of the State house, that the work is satisfactory and that the contract has been substantially performed." The above resolution was upon the question as to whether McllvalnUnkefer company has performed their contracts for the completion of the State house, anil subsequently the commission ordered the balance due Mcll .... . 1...1- ...i.i contracts to be paid. Mollvaln-Unkefer company now desire that the surety bowl lor $50.0(tn given by thctn to the commission for the faithful performance of their said contract be by me surrendered to them the said contractors. No action was by said commission talcen authorizing or directing the surrender <>f said surety bond. Is such action necessary or am 1 authorized, upon the action ulready taken by the commission to endorse uimn said surety bond the resolution of commission as to contractors' compliance with, or performance of (.ontract, and | surrender said surety bond to the said i contractors? "Kindly give me your ofiicinl opinion upon this matter and oblige, "llespectfully. "M. H. MeSweeney. "Governor and Chairman." "P. S.?Mr. I'nkefer informs me that until surrendered his surety bond is costing him $25.00 per month." j Upon receipt of this letter from you 1 recollect that.i gave you orally my ofacial opinion, as attorney generai, that as said action of said commission was final and conclusive as to said contractors having performed their contract (to secure the performance of which said surety bond had been given to you as chairman of said commission). said contractors were entitled to the return of the bond: and further action by the commission being unnecessary. I advised you to surrender said bond to the contractors with an endorsement thereon signed by you which I dictated. Very respectfully. G. Duncan Bellinger. That at the request of said ex-Governor Al. B. MeSweeney deponent pasted the original of the foregoing letter, written by ex-Attorney General O Duncan Bellinger to ex-Governor M. IJ. MeSweeney. in the back of the minute book of the commission for the completion of the State house, so as to preserve in writing the evidence of the reasons and circumstances under which said M. IS. MeSweeney while governor surrendered said bond to said contractors, Mcllvain, I'nkefer Co. That subsequent to deponent's said examination the secretary or stenographer of said committee requested deponent to give him access to the rec- 1 uiub ui mi' commission, lor me completion of the State house, for the uurpose of said secretary's comparing and verifying with said original records said secretary's copies of portions thereof, to be used in said joint committee report. That at this lime deponent called the attention of said clerk or stenographer to said original letter ' from ex-Attorney-General Bellinger to | ex-Governor M. H. MeSweeney, pasted ' as before Stated, in the back of said j ' minuie book. ?nd requested said clerk i ! of said committee to take a copy of said ( letter and show it to the chairman of said joint committee, thinking that said chairman might desire to use said 1 letter, as it contained a statement by ex-Attorney General Bellinger of important facts in reference to the sur- I render of the said bonds to the said j 1 contractors to M. B. McSwecnoy, upon which matter deponent had been examined. That said se< retary or stenographer ' of said joint committee did make and take with him a copy of said letter, ' which letter did not appear in said joint committee s- report to the legislature I?. H. Means. Sworn to before me this 16th day of February, 1001. l.ewis \V. Haskell. Notary Public for South Carolina. FX HI BIT F. ' Stat'1 of South Carolina?t'ountv of Richland. i Fetsors'ij flppeured before nie, Joe B. Gaifunbel, whti, being Ui?'v swoan, says that he was summoned ,ts a witness bv the committee Investigating the work upon the State house, and that when ho appeared and gave his testimony Senator J. Q. Marshall was present in the room. Deponent further swear:- that he wa present in the State house when the eontr.n t for the work on the State house was let, and knows that it u.ts the general tinder-M standing among tho bidders that the junk removed, from the building in I doing tlie wotk provided in the plans and specifications of Frank P. Milburn would go to the contractors; deponent Is peculiarly >iualified to know this fact because he wished to buy this' junk, and talked about it to every one of the bidders whom he met. Deponent further swears that priori to the letting of the contract for the work he had Hied with the rommlsslu, I j?n application to buy the salo junl but was informed that he must appl to the contractors for the purchase o j same. That Mr. Unkefer told tit i deponent two or three days after til i contract was awarded that the com mission had referred to him the appli cation deponent had made to buy th junk. Deponent further swears that he is i denier in, and familiar with the marke value of old U'on and other junk, am that he made an estimate of and or fered the highest market price for th old iron it was necessary to remove ii placing the dome on the building; tha he regarded the said old iron worth j less for any other purpose than Junl l and had he secured same he wouli have Immediately shipped it off a such: that the contractors secured : higher price from other parties for ; portion of tills old iron than depouen would have paifl for it. Deponent further swears that he ex a^nined the ceiling removed from tin main lohby of the State house, while it remained on the State housi grounds; that said ceiling was galva nlzed iron, and worthless, even as junk that the contractors gave it to the de ponent, hut he would not haul it otY and in turn gave it to the asylum foi the insane. That he did not testify to the fact! above when being examined before tin Investigating committee because th< questions were not asked him. J. B. Garfunkel. Sworn to before me this 15th day oi February. 1904. D. \Y. McLaurin. Notary Public. EXHI It IT G. Richmond, Ya.. Feb. 4. 1904. Robert J. Gantt, Capitol Building: In tny capitol bid I figured on sell old material being mv property. \V. A. Chesterman. Savannah, tia.. Feb. 19,1901. Robt. J. Gantt: In making up bid for contract on capitol there, contractor was to have all old stone, iron and other material on the premises. J. E. Burgess. (Of Stewart Contracting Company.) EXHIBIT H. REQUEST FOR OPINION. Newberry. S. Aug. 9, 1901. Hon. (?. Duncan Bellinger, Attorney General, Columbia, S. C.: Dear Sir: Pursuant to the permission of the commission charged with the completion of the State house, I have the honor of asking your opinion upon a question which has arisen about the ownership of the old material. The facts appear in the paper herewith submitted, and the contrnets and the sped flea tie . The papers submitted consist o! a partial draft of a report of the committee and si copy ot the letter from the architect. The minutes referred to coi ;n? Gv* statement of Mr. Utikefer, one contractors. The committee desires your opinion under the terms of the ?on tract and the circumstances of the case upon : he question where the ownership of tinold material rests, whether in the contractors or the State. Awaiting your reply, I am. Very truly yours, Geo. S. Mower. Chairman. ATTORNEY GENKKAl.S OPINION. Pvoi'lllivn n.mnrlnu.i>! full.? ..r O... Attorney General. Columbia. t?. C., \uk. 2t>. 1'JOl. Hon. (t?o. ft. Mower, Chairman. etc., Newberry, S. c. Dea*- Sir: I have before me your l?tter relating to the (|UesiioM of the ownership of what is known as the "old material" in connection with the contract for the completion ot the Slate house. 1 note that you say that the committee <1 ok ires my "opinion under the terms of the contract and the circumstances of the case upon the question where the ownership of the old material rests, whether in the contractors or the Stntq." 1 have the honor to reply as follows: As 1 gather thorn the admitted facts are: The only pertinent reference in the THE ANSWER OF ARCHI In Detail the Man Against Kcplies to His Acc Assc REPLY <?F FRANK I'. MILRERN, ARCHlTKt .'T, TO RF.POKT OF IXYKSTli J ATI NO COMMITTEE, RELATING To THE WORK ON THE STATE HOL'SK. To the Public I will be Rl.nl foi you to consider my rcj>l> to so much of the report of the investigating committee. recently m obto the legislature, as seems necessary at this time. In the first plr.ee, the committee, composed of chos- n representatives of the people, "all honorable gentlemen," in their -lesire to vindicate the author of the minority report of one member of the old capitol commission, have gone beyond the authority given by the concurrent resolution under which they acted. Ity that resolution they wore directed to report to the next session of the general assembly "such facts and l'ei tiniiih-!hl:it iu'ig in vt f? t . m ?? ? ihot n!t? us tliey may deem advisable." And yet these "honorable gentlemen" ro out ?>f thefar way to inject into their report wholly unwarranted and improper conclusions, which are neither "facts" nor "recommendations," but libellous and indiscriminate reflections on numerous State officers and representatives. as w.-ll as the architect and contractors. "Mife-rnhle fraud," "nton strous swindle" and "malefactors!" Such gratuitous expressions are asfalse as tin y are uncalled for by the concurrent resolution. Hut, that this committee v is more bent on vindicating the on<- dissenting member of the capitol commk-sion than carrying out the suggestions .,f tl?o legislature, is evidenced by the fact that the.s ilid not "employ an .architect." as v, as stigR. sled l?y the authority Riwn in in in tent resolution, but paid Jifi.itO a day for a "contractor," who says he has been "superintendent of constructing of the l nited States capitol for font yea-s." Hut further still, this committee was directed to consider the "several reports ot the commission for the <011pletion of the State house," with nutboj'ity to summon witnesses, eie. They seem t<. have considere 1 o.ti> the One minority report of Sen tor .1. Marshall, made in l-V.truary, l!'en, end examined witnesses only in support of that minority report, without calling a single witness In support of the report and is .urn of seven honored citizens and olficeis of the State, who differed with .'el. Mej lu.ll, and v.ho m a? wide av.ak o the interc.-ts of tieState as he or ...t* n,..nb<Ts "f this investigating committee, and who have always depended more upon v itni -s in this Stale. whose standing and credibility are known to th'-jn i r.-onally. than a foreign importation who nroconimended i>y the superintendent of tlio federal capitol building, and was no doubt revet- hefon heard of in South Carolina. Hut lei us glance :il i lie procedure of tins ini -1 igating committee. When they select their expert he is brought to Columbia and shown the g noral plans <iiul specifications upon which contractors were Invited to bid for the work; but rot th<* plans showing th<modifications not th<- ihMall drawings tor actual work. He examines the n plant1, specifications ?>i \\ i ltten contract ' c, of the use <>t ounvmhtp of the "old ma- i t y terlal*' In mu st ion Is to be found 111 I f the specifications, in the following j i e words: "The successful contractor will j i e be permitted to use ull old material - that is now on the g round, and such i i purts of the present roof that conform j t e to ttiese plans and specifications: but it t lis understood that the marble now on!' a the grounds is not included. This only 1 t covets the granite columns, balusters. 1 J | old iron, bracing, granite, etc.. in the I - , roof that is suitable, and the proper t e size that is called for. If in doubt con- ! it stilt the architect on tills subject be- I t fore making a bid." j1 2. Itefcre bidding on the work Me- ! i t Ilvuin-l'nkef"!' company, as well us < I other cmnp litlve contractors, called I S liniin ttn> -i.- liii ? i c n 'fi'< ! ?. - - >. . I . .IHIIJUI II, l?H" i an interpretation of the clause quoted. i ' concerning which tiny were in doubt. ' tj 3. The architect informed the eon- < j tmeters "that the contractors bidding I - for the work would get sueh 'old ma- ' ? j teriul,' and would be permitted to use i ? sueh old parts jis would conform with 1 ? the new plans and specifications." i v * . (See Mllburn's letter. July 31. 1901.) j i1 4. Acting upon tite interpretation t ' driven l?y the nrehiteet. Mcllvain-Unke- * . fer eonipnny. after making utlowauces > f for what was eoneeived to lie the < i value of the "old material" to them, I ' put in their bid for the contract, and ' was duly Jieeeptod by tile commission. f; ? f?. One Mj'. Oaifunkel. a junk dealer. I ; submit t< to the commission a proposi- f tiop to buy the copper and old iron |' i then in the old roof, and the coinmis- i f sion. upon jK-eeptlntr Mdlvaln-Unkcfer s | eompany's bid, ordered that the coinniunieation of Mr. tlarfuttkel be tutned t ; over to the successful bidding con- j t J tractor, upon the ground that the said | a 'old nutterial" \\ is ;tt tlto disposal of ' the laiti'f. i ? I The clause quoted for the specifics- ' tions boars internal evidence of con- s siious ambiguity. ami the conflicting c :interest Is susceptible of various ini tevpretatlons. It is easy to conceive 1 ''that the bidding contractors could f ' claim with a show of rcjtson. tfie title t to ihe "old material" in question, ami ' r 1 inasmui li as the pttper containing the ' ! i latisc was prepared for and ill behalf I of the eonimission. and tlie law would, ti jis 1 understand it. construe the con- ' tract strictly against the enmiiiisvloti g and in favor of the bidder, for one rca- 11 son. among others, that in cjises of s doulit. Hie const! notion by the con- d tractor's must be given the benefit of ?' tie- doubt, iiuistnui'h as the comtnis- ' op th" j'ltthor ol lite sp.ecitha- tt tiops in.. tie r. if either party must, v on ac.o i,i i.t aniblguity. Hut 1 iliink tliat up ton very recent \ date it had been tin* understanding on jail sides il-at the contractors should be " tlie owners of tlie old material, jind " the facts as found seetn to t: to preelude any other conclusion. Tin statement of Milbtrrn. the archi- ,, tect. speaking on lichait of the eonimls- t sion. tlie known conditet of the con; to. . liased upon Mllburn's Inter- 1 lprotatb.il. the aceeptunce of the bid ,. based Upeti tlie supposed ownership by t the contractors of tlie "old inateilal." ,, and the declination to treat with a pro- J ; posed purchaser for th> sale ot the old iiinicrmt, m?xi me reteirnce ot his bid ,t to Me I Iv itn-l*nk"fer < n: 11i.i ny, it 11 : stop tlx- commission fiotii claiming the "old material" In queatlon. Hop!nij th.it this will tiif -t with yum ,, approval. I tiro V.-vy truly yours. (SI-it. ili <*,. lime.in Tfellinirer, A t tot tx v ?leneral. ,.( Upon motion of Mr. Mower the Opln- M ion o. t'-. ! tto:n<v oral ?:is ap- ,j proved by vox < i vooo Mi. 4 Marshall \ * .1 it i:\n ir:<T 1. p < . I ; II .. S. < . F< h. 15.1'.*04. This cortitb < that it tl. fall of 11*01 'i I hou. ht from .J. It. ?JurfunUol, for the f< use of the State hospital for the insane,, tl 1 for the aitinunl of Jt'.xo 11 !< : of gal- It ; vanh'.ed iron railing ;:n?l tiiat he T throw In .is worthies- a lot of metal f< j o iling. wlix-li he said \ might have ? ! for battling off. Tlx c<jihig Is now ly- o inn in a rubbish heap In the hack yard : of the hospital. a I \V. l'.ahcock. r TECT FRANK P. B1LB0RN. I Whom Charges Were Made !< \ :users in the General mbly. in I building in the 1 in lit of these original, it i general plaits and specifications, i And \?t no one of tlx- seven gentlei men of the capital eotnmission, who fi I honestly differed with < 'ol. Marshall, h was called, nor was I asked to show ti ! hint the modified an ! complete speci- h | Mentions and detail drawings under v I who'ii the work v..1 done. 1 j it appeal s that on .1 I'i x.y In .May, <1 1 I'.'o;:. before this inv tir itiag commit- tl j tee was to take testimony, is retneni- I' I hered by tlx- . h iiiman, tl.. chairman <" j of tlx < uomitlt called at t ,v ottlee. J' i i,:?-ing 111 \ ahsi .i' * if' 11 tlie < itand n 1 left ,1 verbal message with one of ni> ! I dram.ht.smen about the meeting. at which th' evpi- t fioin W r s h 1 a a t?x: I would giv his testimony, and lha' I ! j could he pro r: t. is- semi any com- f I imniicatIon If 1 desii-d. lint 1 never u j received tlx tin and, in fad. w never lx nr : et tlx- i . :t|? t until last n Friday, the i^th inst. In this contco- tl tlon I be;; to lllmiit the fidlowitig C statement - 0 "To Whom it May < .x'?rn. b 'This is to eeiilfy that I am in the n employment of Frank 1*. Milburn, at chiteet, ill tile capacity ot eligitx . and tl , u a ii-. ut xu, it, mi was (lining mo ;asi 11 yi'jil. fi "That om. when Mr. Milhurn and tMr. lliistor were nut ??t" tin- It oltieo, ,\h. Milhurn hi-mn nut <u tin* " city, a i ntl< in.in i ;iI! - !. and r?Mitv- h ssMi'.iua , ; .is. ii i?. ;1 tniMithi't' of 8< tin* Slati* i)'>ii.-i' iiiNi-i titratiiu; eoimnit- tl I st >ti-i 111 oh tat i ...t said ii a 11 In 11 - a i w'nu! 1 I tl.v t I understood, tin- It i \t i| iy) li.it. i s inn. and ! . !. I I' that ! Ii-t .Mi. Miilmin know, ami also -< !* t word t I!\ iln. Fnketer com- n (in. I ! "i.i -lit ! t Mr. .Milhuni l! [ kiinw, and :Imi Mi 11\ i: ., Fnkofcr run- 'I I'ltny it' v\ i* mil,l ti.a: l lhnuylit we 1' had t). ir add! - Ml I.hi* ?>!.: 0. ti 'j'l. i a ".ii itii k iiuii i.; Mr. Hi'istor, " who i- i lui-l draughts a an and n.ssds't- a ant I" M vlilt.in , I told him of v. hat I' I... I tak"ii pin. . i. i s> ;>|hi - ,i Ii would 1 tmiiimiiiii.it v. ah 11 .< in. hut I never nnntioii' l i - i iit.-i i?i Mr Milhurn * until I'ti 1 li'iii. n "(Sinn?Ml> "(' ' ! '. Kepler," h "Ti' V !?' Ill Mat I 'nil . Ii : "i he: ii\ i 11.. v ti, t i atn now. ' and wa la-' \ ' r i . f dt au^htsmnti " aiid ..., ! ai i u > Fiaui- lv Milhurn. an hi i. "Tha'i I ti ga..d I: i ui-ia.inn oi l"- ! tiilcntn in \;i ii n- F. ph i . but !ha V* r.n i. : i . i hearinv of , id. a< . ion 11. ai rep red 1 o, biTori i' t:> ?. I:' Mr. Kepler Is ? i.i i i-rii'iii of Miiiinft tlie sit. 'h'l' ! ir 1 dji' i >1 I ike it in sutli ntly i > I., v" .a ly i in?l, and 1 am ti' sui '- * 1 iii I ,i *v. ,i) :iiinned tho mut- (( tor In ,\ir. Millmrn. (Si i > "Jin tin'l Mf i- t-i ' , VI tor ih. l-t'.'irilit?. .ii wliii'h iy now )> appears 1 li;H . vi i.il witnc:-.?es werOox- w iiininod, I loomed of it from the news- p paper;- and iotnmon rumor; but i.ewr i know : ivi'.in. of tPo airport r-1 the i, t? . Union;. Million rh I heard that Col. I M.*t; j-li.i il vor i>r<-y.?nl. itiul that the i : : Moli.y were behind i'|i.-oil doer- I'll- n. til my rot iin io 111i-- riiy last Friday, a when T i.oi hold of ? .op" of tho report w the ..ii,iii i ioo havlnR i'o\i-r honored'*) mo vvuh ."p.' I neve; Know .nilliorl- u talivcly oi. the lelleetiuas ou iliu w oiU.1 % After kevplng the testimony, and their proceedings secret, an 1 believe, from May to December, more thun six months. I received a note from the secretary of the committee, dated Barnwell. S. Dec. 7, 11)03, but mailed n Columbia. 11th December, giving me in opportunity to appvur before the 'omiTilttee, if 1 desireu. Having heard >f the proceedings in May. ut which 1 )vas told, and believed. Col. Marshall lad been present, I decided, without luvlim ooinist'l l li-i.i tppear unless the committee desired my nesenee, 1 hud been guilty of ubsolutey no wrong. or conscious neglect of my duty to the State, but had given ny best efforts to assist the capitol ommlssion in the discharge of Its doles und the proper expenditure of the hate's money, hence 1 had nothing to 'Xpl.-iin away. Hut knowing that I had nodifled and detailed drawings in my (dice not on file in the State house, offered to place my office records at ire disposal of tin- committee, in this onnection I see that my note to the ommitlee has been termed "curt." 1 vish u> disclaim any such intention; mo If it is, I ior;ret it. and plead In oxenuation tin- fact tiiat I began the druggie for bread early in life, and had rot the opportunities of collegiate edu atlmi enjoyed by some members of the nvestigating committee. Hut iu justice to the capitol cotnmlsilon, wntch with one exception apiroved my work, as well as to myself md family, l wish to say something in cgnrd to the specific findings of the nvestigatiiig committee, in the order itnted. First. As to the charge that he plans and specifications filed with he secretary of state were not suitable md complete. i believe this was the first objection node by Col. Marshall after my elcclon as architect, ami was fully conidered and pass? d upon bv the capitol ommis.sion in tiic year 1MM). Mr. Alarhall alone dissenting. At that time he commission had before it letters roni four ci the most prominent contactors ami builders of this section d the country, who. after *studying hose plans carefully to base upon, hem bills for a very large sum of noney, secured by a heavy bond, had iid upon this work. Some of these eiitlemcn were personally known to iifinhcrs of the ciii'iinissiun, and their tatements were to the effect that the rowings and specifications were plnln trough to nuike an intelligent bid. that lie plans and specifications were fully mderstood. and wore proper for good rork. The opinion of such well known infractors and builders as iJudc ?V Valker, J. \V. Bishop & Co., W. A. 'hesterman and Nicholas lftn'*r. comlonly known as "Honest Nick." must uiwiigh tlii opinion of \ir. Marshall nd the Washington "expert" with any .iparii.it judge. Second. That ili<? contract tlxed the Id work on lis completed portion of li" building as the standard. This is not true. There Is nothing In lie plans und specifications which miiu i>?* so nin'inii'u i'xi'i'|n. peiiutps, lie word "prototype." on one of the cni'inl drawings, and this was Intend>1 to apply only to style. ouiline, innn, linpe. and was not intciidod apply > the classification of the workinftnliip. I'lidei each ot the headhunt of tie various classes of work the same as fully outlined. civil g the numhet f cuts to the Inch for tin different arts of the \voi k. In this connei'tion. 1 may say that was tint intended to make the stone ornloe In one piece, tor instance. The mall appropriation for the whole work eeessiiated (treat economy, and ie scale detail drawings how that It as to he built up of several memtieri, s it was done, Instead of the n ??re exensive one-piece cornice. Kcferring to sheet ti of the general rowings where the note before re rrcd to is found, it will be seen that he work is to he the same only when has its prototype in the <jid building^; 'hai it does not tie an that tie* cornice, ir Instance. Is to be identical with ill" i 1 work, you have only to see sheet 7 f those same drawings, where the ornice is distinctly shown to he built p ot !? \oral pieces. Third. That th State at a great excuse. in the neighborhood of Jlfi.OOO, ad a splendid st'-d coiling in the main >bhy, which the ' out r.ftoi > took ! 1 converted to tin ir own use. wht.-rey the St.ate lo t in the neighborhood i The plans and specifications required he . oiitrt tors to cut a circular openly. into tin- ceiling foi th - hind dome. Vhen tin- toiling was cut. ami ii was l.orougiily examined, it was found to e galvanized iron, in n had condition ltd dif.n ult to work into shape, eseeially .as it eontnii ed ceiling lights 0 longer of use. The contractors sa: I would require special workmen and onsldetahle loss ol" liiuo to pttell il p. and would not then he as ? itis!i< lorv as a new et iling. which ould e gotten ill less tittle, ninl en: hie them 1 lie ready for the meeting of tin gislature, although the new ceiling ould cost th'-ni more. Alter fit*' in-; estimation of all the facts and cotillions. 1 decided that it w. s te lie Intel. St of tl St it" to a . ?. hi ropi ed change, altd 1 a pj.ro, iling thev used. whl h hai .... e. feet'y with the design of th ig under the balcony around the it ain I by. which was placed there mulct li >.* i -v s.-e's : tipei vise n. As hot h edings are in il. j-.inie lol.hy md :ue ecu at the same time, harmony is esemi:' . Neither th" cornice n- cove' moldings in th. s |obh> were interfered ..ill, but the new coiling was used only i th* ilcld or hotly of the celling' hi rough which the dome is cut. The onirai tors thought they ought to have xtra for this new celling, hut 1 would ot allow it. ami the Stale got the ew ceilings without cost. This item shows the fearful mistake I lie investigating committee math in t examining farther into the real ids instead of giving so much weight > that minority report. They woul 1 live lie pi,111. liclleve that it was a steel ceiling," costing in the neighbor-' .1.,.I or *la 11.111 iclir.i, , li.. i.. .1. . pcrotary ol state's oHh ? show that all ceilings .in<l cornices. si el Iicmui. .. ixl skylights i. the rotunda. <>: main ilby, all I tile <-i-.lillH n\ ! the senate ilihy together. > st 4>m1.\ <7.f'.<N. oil tin? t at" May. l.vMi. Any well informed inn will know tlir.t the cornice actual'*ost tun h more than the ceiling 'ho public must in charity 5 at this lumicr ?> ' the roritniittc" dnwn ? gleet niul it,iioruni > . or convi. t them 1 deli: mi!' rrilsi .-a tit : tion in taking tie tatcii.i-nt i he "oil thai Oil] til" Ft' ' lost i tit l|o|j?hliOVo'iiI of ? 1 I. t th' piihlit KUi-j Iiv Mr. 11 tin t liv.uircd th1 i.ii a tliat tt.c eoi tractors i >VCi| c 11i 1: . h t t h<'.V In: lit inlets Co n support the dome! Tin let IS. the o ll' :iv> eel I" Ilns .ill'l irdel- v. 1 rais 1 fioni I110 outaldo ill, iind not through the main lobby. I hit not content wi:h try in. ; to nroir indignation ovei th'' allege i losI the state, ill. v itoniiit to in.lttt' liaiaote: by chyrgitig that ' ihe eon nd ' in rt ' 1 1 the1 own use th 111 ill.1 .11:1 lit MliifUl | 'I of Ill' ?>'. i uildit Tin 1 . I f.. i", .nd th(i irlit : ku> " . oi nil !'. . l? 1 no.| y reasi'iinlilo. fair 1 in I impartial in uiry. tha 1 11.. - ? !?! d : tg 11> 1 w ,i: line d from the I'o ' I" ! oby wa.o, or s.i|. nt t.s. 1 I > '1 >r ' tor lit \>ii ;?i.en to Mi. 1 hitrunke* .1 la oid I 1 -nio . ;i 11 ,iu the groundnd he in turn k It t > Dr. I: beo< : II the same 1 on, end till ' "valibie and lieaui : 11J thi "splendid eel oiling." now !i. - in a rubbish enp in tla* lie I. ,\ ti'l of lie St;.to lu iti" . ;>!uiii, m sib nt but uniinpoach I do witless of the outing'.iti- llhol . hirii this iiivest'antliiK committor has .mil or..... 1?.? .-. ... -? !.? 1 Iff*. jj'ourtii, 'Inai by ilio omission ol i\\ o4 "9 I Inner columns from the front portico the contractors made a prollt of $3,400. and the estimated loss to the State is *4.;"oO. That the public; may fully understand this matter, I wish to call attention to the fact, that when called to this work. I found a partially completed building, much valuable stone and marble on hand, and an appropriation wholly ami | admittedly iusulllcient to complete thebuilding as originally designed. When I made the plans, it was to utilize all the very expensive columns then lying on the ground, and considered tit for use. that largely induced me to pro > ivit- i"i i 1iu iiiiici voummrs im me nvill 1 port ho. It turned out with this work, a.s is generally the cuse in remodeling I old, or partially completed building:*, that many modiflcatiotis and changes because necessary, :^nd were made with i the consent and approval of the commission. as a rule Col. Marshall being the only one dissenting. In hoisting there massive columns into position, one of them broke by Its own weight when being removed from Its position I on the ground. An examination settled beyond question that there was a. defect in tire stone, which then showed an old crack about two thirds of the way through. It was generally belleved and conceded that the loss fell upon the State. The matter was promptly reported. 1 was of the opluI ion. ati l inn still, that it was then best , to omit tire two inner columns, because there would be more tloor space, because tire architectural features would be just as good, because with slight changes (omitting a wood truss and substituting steel trussed perllns) the strength of tin* structure would not be impaired in the least; because it would save much time in completing the work, and because it would save rather than eost the Stale anything. The contractors offered to furnish | new eolunni for ?'.')00, necessitating ! several months' delay; or. piece the? broken column for $.">00. causing a delay of one month, or change the plan?-* and omit th< two columns,, causing no I delay, and deduct from the contract price * '>(?(). which it w:.s shown by im itemized statement would be saved to the contractors by the change. Witl. all this information before the com mission, after full consideration. It derided. l?y a vote of r> to 3, to change the original ]ilan and omit the two I coluenis. tints saving; to lite State $600. without detriment to the w >rk. and giving thes columns to the State lor monumental purposes. Mr. limit talks about "the stone lintel an ! brlek work on top of these columns." Tlie specifications never called for any such tiling. And yet this willing wityess. uti".hie to condemn the '.illicit 'icy of t iie "bracing and anchoring." goes out of his way to .suggest careless; a In "a great portion of the construct ion throughout tills building." Again, this "government" witness* says tie two massive square pillars, under the portico, "now perforin no duty at all." Any sane person can s o for hint, "it that ilcse tiers, originally constructed principally to support the two i ner columns, since tin cluing* support much of the portico. And it was to get such a witness that the investigating committee passed over so nmn\ : nth i n architects and contrnc* -us of known ability and intcgt i l y. Fifth. That the new leaf work on tlie capitals is not as tine as the old. It being inipt net ica l.ile to get tinstone fop this new work from the old quarry, a stone was selected which niati bed it exactly, and the same accepted with the hi i of tiie contractors, the only slight difference, and which is not npprt iable, in the work on the capita!:', is due to tile fact that the i'acolet granite is a trltle softer atu* therefor.- i..it suceptibie to 'inite no high a ilnfsli. Sixth. 'I'hat lintel stones should extend i cm columns at the rear of tlie portico to corresponding front columns. Where tlH-i * a-P)- .sJiu?-UliartW>UX"S ?d to resemble gt tiite. That is inst a< < i.riling to the plans and t- cifh' itluns. first-class galvanized iron being used, which was as good as could be afforded with tiie np; j <>|.i ,a iion. and anfweis every purpose. In reference to the glass floor which leak- i.i rainy weather, 1 bog to say it i. .i. .*..i i ? for: i > gi\** .-ill iho light possible to tiro ode,s aid |i:is'.ip'\vays helow. 1 selected this j i vie of floor iight, which Ib sultnl le for the jilace. Unfortunately there is hni little full, and yet I gave i it 'I l pes. inly ontihl to connect with t g mite work and the height of th<si'cond iloor doorway entering the lolihy. Tnis is no fault of mine; it is one of the troubles encountered in remodeling or adding to a Iniilo *.:. The chiof trouble, however. with the portico door is that to imuobat.* the legislature, it was laid just before the in. .-ting of that 1 > -I \m?s w iked on and abused bofoi tin- , . . I.- and cement inateti. ( suth ieiitly. The natural c??n* *. it* > e .v;e trial il was daning-d and l- a bad apnea ranee. At. 1 . i it m < t the r? ar portico floor. h It was n?.- i. used mil abused. will sub* tiit.* i bis t oim .it ;<*n. A ?o thi e> d'rig of the portico, I do not know of ; if mat. .-;ai more snit: lie for loll e* bing*. I IS Iliad" from i la v ' - oi Ki.it <*ri:?! that w as r< at. .1 by the e. ..It let'us from the in i !*.l.i.v . hollgh not ill same lies'.;n | won ! :* if tl." gentlemen of the in 11i i omniiitce i now that th" portleo * .r i:i the main etiiraftce to i I ited Si* lis c.mi'ol at Washington v* eotnnion pl:e goring, ami that 'kft from the roof caused some of it to fall Seventh."That the roof is a "tar and gi vol roiif. uiftiitihl *. ami leaks bad!\ . I i not :: tar a*al glove) roof, bill is of the very latest quality of asphalt and i rush- 1 q inrtz. and there is no doubt about it r nswering ' l e purpose' for at b ust t* :. yeais. as 111" roof contra 'or.- gov, . gasai.int. lor len years against 1 ik* a.d iimb-rial w o and ' .il. This same lav- <>i rooting is on lb-* .bowing 1 ?iiit iti ;-*. in the eity of \\ a hill le 1 I. < M; I lie ?V a t 1 iiie office building, So ; h. in : iii ay ollii < building, I ov a del : ! i. lions.*, I! .lei ;ii hotel. Itlis** depart iiieiit lions.*. I'm: <1 Slab's (Vti -ii:- nilli'illl" K' "I iliU'IH pl'llll II1K ll"?s. ' ,1 II5.I1I* tin ts too 1111111"! II1IH t.i I' 'ItiOli !t . .1 ntiitt- r mi p . 'mind rogrct to nt" th.it fool l. ,'ks. I have done I'Vfi. th tiv ill ni> |i<i\\ * t; lit tin- first to rent" !> it. It is ,i will known f id Hint niiii'h 11?i'j'* i '. |it-i- i\" tools tli.'tn 'hi h.iV" proved it -ii i' ' n i im v. Th" ,m niin iit postotih e nt Savannah, v iiii'h I. tih ml copper i-M.if l)-.'tU"i| hadly. Tin- I'tiii I States pot-iotl!"" nt ill. 11 III, will ll Is.I h is .III "\p- usiviri. !"liked f> r \ . it--. I i this i nniic .ii. I snhmii th" foilow ing: < '"hin <ia. S. t.I.in 1't, J'.iOl. Mi !'t. nh I'. Mi'hurn, Architect, ? unihin. s. t I i if Sir 1C? f- -ring I" our c<>nv"r tioii in regard to th" St.it" house, "ill .'..iv th.it short lint, after tti. hoiu work tvim finished th" ' 'i 11. I loof : .1 Invi u "oni|? ; 11 y tuiiiphi d til" to go th> to and exntn ' !'. toof unil make the f in" f;h ist;o ry If I "ould. I went on top of tin* ul tilt' and w s somewhat surpi ised i Hi i hi ' soni" ?'?!< liad torn the t! i ai': Inn nt I jil.n'Os 1 "twcotl i' >ii.'in ami (In- has of tlit; dome I'm- . v?:al '"'I. iillnviiu; the water tli wiii.: ?i' i tl .- dome niid tin* tmsn in . !.i\.n mo i!;o rotunda below. 1 ir> wi W '!l fl *ho | fur'UIid till* . n 1 nier li shim: wns put i ' : at twit la It v y i >si a it.-11 \ i.l r-n . viz. !i\ putting the flashait. into the joint and turnine it up, out by rut tins in the joint and > *tending1 the tin baric tnt" the joints nnd bolting it with rods, nuts and wa.dn;rs, nnd it w-m Impossible for it to j;et oui unless some oue hud vori)