That Sewer Question

Editor Argus: - There is an impression abont that the payment of the claims of the sewér laboréis by the nity will in sotoe way interfere with rights aequired by the Farmers & Mechauics bank of this city and viólate ihe good faith of the municipality, inasiuuoh as the city clerk bad previousJy received and placed on file an assigninent made by the contractors to the bank. Bnt an esamination of the oontract nnder the aulhority of which , the city attorney advised the payment of [ the laDorers and of the ciroumstanees which make sach action necessary, will couivnce any one open to oonviction that suoh an impression is an erroueous one. In the first place the acceptance and ! flling by the oity olerk of any document is a mere notice of the claim which cannot bind the oity. A cord of asMgnments would be worthless until the assignor had somethiug to assign. Even the judgment of conrt is inoperative nntil the party against whom it is directed bas somethiug subject to esecution. Let us see what the contractor has, at the present time, under a strict cojistruction of his contract with the city, that the city is bonnd to tnru over to hiin or his assiguee. The sewer ordiuance vests the control of all pulbic eewers entirely with the Board of Pnb'.ic Works and the contractfor the oonstruotiou of the Hill fetreet lateral sewer made by that hoard, a tiug nnder the provisious of that ordinance and the powers conferred by the city charter, provides: lst: That completed pewers ouly hall be estiinated aud paid for. 2nd: That sbould tbe coufractor abandon the work the Board of Public Works may enter npon the same aud complete it at tbe expense of the coutractor and his bondsmen, 8rd : I That if the contractor fails to pay promptly all olaims for labor aud material the board may retain from rnonies due or to become due ro the contractor, a sufficieut sum to pay such claims and pay the same when proven to that said faction of the board. This contract executed under the provisions of the charter and the ordinauce reldtive to sewers and as apporved by the council has all the force of municipal law and mast control the action of both the board and the co no 1. Justice to the tax pavers of tbe third sewer district requires strict compliance with its provisions. The contnctor to abandon tbe work has a considérale amount of sewer par tially completed . But estimates are to be upon completed sewer only, henee notbing is due the contractor and no assipnee of the con t rao tot caa have a claim upon the city. I Ncxt, Bhould inanlity topayh is labor canse tbe cou tractor to abandon the j work. (he city conld exeroise the right, npon due untiee to the bondsmen to enter upon and coinjilere the work. In this case nothing could beaome due the ; contraotor or his assignees uutil the : sewer was completed and the city's exj penses paid. Shonld the board stand npon its nuI doubted right and refuse to approve estimates upou uncompleted work, tbe laborinp men must wait indefiuitely for their pay. Neitber oan they secure iinrnediate relief if the board takes charge of and ccompletes the work on city aooount. The claues in the contract pruviding for the payment of labor and material claims that the discretion of tbe board was desigued to meet just such an emergeucy as the present. It is to the manifest interest of the city, the coutractor and also all of his creditors to have the sewer completad and the transaction olosed at the earliest possible moment. This resnlt eau best be accomplished by prompt paymeut of the labor. The f act tb at the con tractor or his assigee can lay claim to nothiug at the preaunt time does not however, prevent the board f rom retaiuing from any monies dae or to become dne (snch is the lauguage of the contract) to the contractor a stiffleieut mim to pay such claims for labor or material aswill best conserve 'be interests of the city, aua pay the same wheu they shall have been provea to the satisfaction of the boaid. The work partially complet. 1 is ampie l portectiou for the city in euforcing this , stipuiation and paying tho labor bilis of the contractor, and as it is nndorstood that that gentleman stands ready to acknowledge the claims and receipt 'or the payment of the money there is no valid rea-ron why thedictates tohuman'.yandgood publio policy should not prevail. The argument that the council would be doing one of our city banks an injustice in paying.tbese oiaims is uutenab e. j The council oonld not if it would, under the existing circumstances, lawfully pay other thau labor and material claims. The contraot protects no other elaims. The claim in question is for money loaued. That the funds may bave been used for the payment of lahor is not material. Then the qntion iesolves itself to this: Tbe conncil c;iu pay only upon estimates approved by tho board; the board :au approve esM mates upou completed work only Thare is 110 conipleted sewerheiK'e ther is 1:0 njoney due the oou tractor, which the connoil pat luwfuliy order paic eitber to hini ur his assguee, bnt the board may retain mouyps due or to be come due" aud tbe couuoil eau Jawfully order such mouyes paid upou properly adjudioated claims for labor ani mater ial. From the estimates of the city eugineer it would seem that there will be eiiough comiug to the coutractcr when the sewnr is completed, to protest all creditors and if allowed meaus to complete the work he can soon effect full setlemeut. So the propositon to pay tbe la'-orers is not only exppdieut, but the ODly lawfnl meaus whereby the city can afford relief under the existiug cirennistauces.