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J^S^^ WINNIPEG: Prinikh hv Wai.kek & May, ji-2 Main Strket. 1884. ^m T] It PLAIN FACTS -ABOUT- The New City Hall, Its Inside History from the First Down to the Present. INTERESTING DISCLOSURES. BY GEO. B. BROOKS. WINNIPEG: PRINTEB BY WaLKER & MaV, J22 MaIM StREET. 1834. 'I bull hea hav dah was so 1 that Pa Pa Pa: Pa, Pa] Pa| Pai Paj Paj Paj Paf Pa^ plac Moi dem buil whic thin Tin: citizens of Winnipeg have heard much about the City Hall building at present nearing completion. A portion of what they ' heard is true, more is untrue. The characters of gentlemen who have hithertii borne an unsullied reputation have been smirched ; scan- dals and rumors have flown through the air thick and fast ; no sooner was one killed than another was started, and this has been going on for so long — the daily press of the city giving currency to every idle talc — that it is a rather difficult matter to get at the real facts of the case and — J — ^. EIiIi.A.T.A.. The following clerical and typographical errors appear in this pamphlet : rage 16, line 30, should read 2%% commission instead of 2% commission. Page 25, line 37, " liable " should read "able." Page 36, line 3, "base " should read "face." Page 87, line 27, " wires " should read " rings." Page 40, line 5, " lots " should read " bats." Page 40, line 9, " banded " should read " bonded." Page 40, line 10, "band " should read "bond." Page 40, line 11, " bands " should read " bonds." Page 47, line 19, "blameless" should read "harmless." Page .'53, line 29, " honorably " should read "honestly." Page 63, line 14, "Charles M. Wheeler" should read "Charles H. Wheeler " Page 64, hne 13, "quantity" should read "quality." place m the temporary civic umccs uu ivmg v^w.x.^. ., _ ^ .. Monday, June 11th, 1883. Aid. Nixon opened the debate by saying- -"He believed the people demanded the erection cf A Splendid City Hall building. One that would not necessarily be an expensive one, but which would be a credit to the city for all time to come. He did not think $80,000 would be enough. But now that it was proposed to issue 1 ^ b !^ -.^ ^. t ^ 'riii. citi/ens of \Vinni[)Og have heard much about the City Hall building at present ncaring coiTipllio opinion will approve of whal has t>ccn done, 9% tnakinj; llic hesl of a bud joh. • • • I'roliably ihe firsl cosl will be the least, and the rt-Milt will lie much more satisfaclf)ry." The first advcriiscmcnis railing for plans and specifications for the erection of tlic new Hall appeared in the W'innipe;; daily papers of Satur' day, June 10, 1HH3. As so much has been said alxnit them, it may be as well to publi">h ihem here. The advertisements were headed 'rKNUKKS WANTED, and read as follows : — PLANS AND .Sl'KCIFICATlONS Are hereby asked fur l)y llie umlcrsigncd for a building suitulile in every respect fur a CITV HALL And Offices for the respective Departments of the City and other purposes, to be lo- cated ot erected upon such puition of the Market Sijuare as may hereafier be de'jided upon, such buiklin^ not to exceed in cost the sum of one huniired and twenty-five thousand ilollars ($lliri,00(»). [{onuses for the three best plans will be j;iven of the amounts h«fr«inafti.r nieniii'ned, that is to say ; for the best |)!an ami specifications, thre»« huniired dollars ($.'(00) ; for the second best plan, two hundred dollars ($200) ; for the third best plan, one hundred dollais ($100). Kach plan must be in ink, and must show cross stctiins, and must be accimipanied by a full set of specifications in ink and a responsible tender in writinj^ of some (it and remitalile person or persons in which he or they engage or agree, in the event of the plans and specilications being accepted, that he or they will perform ind execute the work according to the said plans and specifications (or the sum of $1'2.'),000 ; and the amount he or they will allow for the materials heretofore used in the old City Hall on Main street. Upon the acceptance of any plan or specifications, and upon ihe person or persons who have submitted the same being notified, he or they shall foithwith thereafter de- posit a marked cheque for the sum of $r)00 as a guarantee that up:)n tentlers for the work according to such plans, specifications and detaili-, which must be furnished be- fore tenders are asked for, that tenders in response thereto will be received from responsible parties willing to furnish sureties, that he or they (as the case maybe) will perform and execute the work according to such plans, specifications and details, for the sum of $12.'3,000 as aforesaid, and that a contract will be entered into accordingly; and in the event of the tenders exceeding the amount aforesaid, the said sum of $500 is to be retained as liquidated damages, as well as the bonds hereby agreed co be given. The second and third best plans and specific.itions received are to be retained or kept un'.il the result is known respecting the tenders on the accepted plans, as also are the bonuses agreed to be paid ; and in the event of lenders not being satisfactory on the first plan, tenders on the second plan will be advertised for, and the like provision re- specting the third plan should the second not be acceptable, and the person or persons submitting the second and third plans, in the event of either of them being finally con- sidered as the first or accepted plan by the b ippening of the events or from the causes aforesaid, shall be sul)ject to the same ixovision as to the deposit as is hereinbefore mentioned upon the final acceptance of any lender of any person or persons to perform the work according to any plan. The lime for receiving plans will be vhich has The 16th Day of July, A. D. 1883, 6 Addressed to the undersigned, and to be left at the City Clerk's office, and no exten- sion of the time will take place upon any consideration whatsoever. C. C. MONTGOMERY, Chairman of Market Committee, Winnipeg, June 15(h, 1883. Discontented Architects. The above ndvertisement of the Council asking for plans and specifi- cations from architects caused a good deal of indignation at the time among members of the profession. There were several things in the advertisement with which they were dissatisfied ; but the principal one seemed to be tliat architects were required to deposit along with the plans a marked cheque for $500, to be forfeited, together with the bonus, in the event tenders made on their plans exceeded the sum named by the successful architect, whether it be $125,000 or less. It was decided that a meeting of architects be held, at which their views could be vented in regard to the matter. This meeting was held in the Open Board of Trade rooms on Wedne<=^day afternoon, June 21st, 1883, fourteen of the city architects being present. Mr. Allan McDougall was elected chair- man of the meeting, and Mr. W. R. Marshall secretary. The chairman pointed out wherein the advertisement was objectionable. In the first place the time allowed was too short ; the ground plans and positions of sewers in foundation were not given ; a tender by a contractor was re- quired to accompany, and that was practically excluded by the shortness of the time. But the most objectionable feature, in his opinion, was that the successful architect was required to deposit a cheque for $500 as a guarantee that his plans would not entail an expenditure exceeding $125,000. Further, architects had no guarantee that the successful can- didate would get the supervision of thi_ work ; and the prizes offered would be a very insufficient remuneration for the time and labor ex- pended on the plans." Mr. Chesterton, seconded by Mr. Stewart, moved, " that this met ting protests in the strongest terms against the decision of the City Council, as shown by advertisement in the local papers, asking for plans and specifications for the proposed City Hall." Messrs. Bowes and Harris did not see much objection to the $500 deposit. Most of the sp akers condemned the advertisement on various grounds, and, the motion being put, was carried. I The I) Mr. ^ fcompeti |hat the) 1^500 be |he bom flamed tiders th ion or p iind spe big out { fequeste ipace ir thereon, nnents k number Hall an< .^rawing^ Jill drawi flat shad frhat any Ifcompetit It was Iteometri mrds su the cond It was irards — such a 1; the Cou the plan Us to be It wai to meet IDougall nd no exten- Conditions Recommended. ERY, mmillee. md specifi- at the time ings in the incipal one ig with the the bonus, named by ^as decided I be vented Board of teen of the jcted chair- ; chairman In the first )ositions of ;tor was re- s shortness )inion, was e for $500 exceeding essful can- ;es offered I labor ex- is matting Council, plans and the $500 on various The meeting then recommended the following conditions on motion f Mr. McNichol, seconded by Mr. Greenfield : "That the terms of the Competition for the new City Hall are unjust and unfair to architects, in that they compel the successful architect to deposit a marked cheque for J^oUO before commencing his working drawings, which cheque along with the bonus of $300, is to be forfeited if the tender exceed the amount named by the architect, or the sum of $125,000. This meeting con- siders the guarantee of a tender in writing of some fit or respectable per- son or persons in which they engage or £gree in the ev*"nt of the plan iind specification being accepted, etc., to be ample security for the carry- ing out of the lesponsibility of the architects. That the Council be requested to issue from the city engineer's cffice plans of the available tpace in the Market Square, with lines and levels of sewers wanted thereon. That the Council be requested to state the various depart- ments for which accommodation will be required, and the probable number of rooms. The probable seating accommodation of the City Hall and Council Chamber. To name a definite scale to which all drawings are to be made, and the number of sheets of drawings. That all drawings submitted in this competition be line drawings, in ink, with flat shadows. That drawings be sent in under the authoi's name, fl'hat any canvass of the members of the Council should disqualify a jcompetitor." I It was also decided that the plans should in the first place be only geometrical drawings, and that the successful competitor should after- |wards supply perspectives and details, and that no set of plans violating ;|the conditions named should be accepted. 1 More Time Wanted. % It was also resolved, on motion of Mr. Bowes, seconded by Mr. Ed- •'wards — " That whereas the work entailed in the preparation of plans for such a large building will require considerable thought and attention, ithe Council be respectfully requested to postpone the time for receiving .v|the plans to Sept. 1st; th"c the Council state if the successful competitar |is to be employed to carry out the work, with the usual fee of 5%." I It was also resolved to request the chairman of the Market Committee fto meet a deputarion ot architects to discuss matters, and Messrs. Mc- Dougall, Chesterton and Bowes were appointed for the purpose. I 8 Economic Aldermen. Matters jogged along in this manner until Wednesday afternoon, July 4th, when a meeting of the Market Committee was held, attended by Aids. Fortune, Burridge, Brydon, Montgomery, and Harvey. A lull and long discussion took place regarding the new City Hall, and the committee decided to recommend the Council to let the contract that fall for a Hall to be put up next spring, at a cost not exceeding $80,000 ; the building to contain a public hall to seat not less than 1200 people, and also to contain 32 municipal offices; but the building not to be com- menced until after the debentures for the same were voted on by the electors. On the following Monday, July 9th, 1884^ the report of the committee was considered by the Council. Aids. Burridge and Brydon did not think a building such as recommended could be put up for the money. Other aldermen and Acting-Mayor Wilson discussed the matter, and it was ultimatHy referred to a special meeting of the Coun- cil, to be held Thursday, July 12th, 1883. I A Long Discussion. At the meeting the whole question was re-opened and discussed at length. Aid. Fortune opposed the building containing a public hall, and would support the expenditure of $80,000 if the hall was left out. Aid. Nixon favored leaving the whole matter to the new Council, for if after getting out plans and letting the contract the people voted against the debenture by-law what position would the Council be in ? Other aldermen favored building and calling for plans, as a City Hall could be built then, when hSor was plentiful, more cheaply than afterwards. Aid. Cameron and Aid. Nixon opposed the Hall being built, also Aid. McVicar and Aid. Drewery. At a late hour the question of calling for tenders was decided on the following vote : Yeas — Brydon,. Bawlf, Fortune, Harvey, Burridge, Montgomery, Wilson, Ham— 8. JVays — Nixon, McVicar, Drewry — 3. ■>* fternoon, July , attended by rvey. A full Hall, and the ; contract that ding $80,000 ; 1200 people, not to be com- ted on by the report of the ,e and Brydon put up for the Jiscussed the of the Coun- i discussed at 1 public hall, was left out. Council, for if voted against : in? Other Hall could be rwards. Aid. ilt, also Aid. of calling for On tiie following Thursday, July 19th, 1883, the following advertise- ment appeared in the daily city press : — [.Ve7c> Tcndefs Called For.] PLANS AND SPECIFICATIONS Are hereby nsked by the undersigned for a building suitable in every respect for a COUNCIL CiiAMHEK and ante room : Mavor, one room ; City Clerk, two rooms, one private, one public ; Chaniberlain, two rooms, one ]jul)lic, one private ; Engineer, four rooms, one pul)lic, one private, ou'; assistant, orie drawing ; Solicitor, two rooms, one public, one private ; Collect(jr, one long room ; Assessors, two rooms, one public, one private , License, Health, and Fire Inspectors, each one room ; Chief of Fire Brigade, one room ; Committee Rooms, two rooms ; Electrician, three rofmis ; Water Works ofticers, tvvo rooms, one pri.ate, cne public ; Public Library, two rooms; Store room, one rooms ; Caretaker's Rooms, six rooms ; to be erected upon such pcjrtion of the Murket Stjuare as may hereafter be decided upon ; such V)uilding not to exceed in cost eighty thousand dollars ($80,000.) Bonuses for the three best plans will be given of the amounts hereinafter mentioned ; this is to say, for the best plan and specifica- tions, three hundred dollars ($300) ; for the second best plan, two hundred dollars ($200) ; for the third best plan, one hundred dollars ($100). Each plan must be in ink and must show cross sections, and must be accompanied by a full set of speciKcations in ink, and the amount he or they will allow for the materials heretofore used or in- tended to be used in addition to the City Hall on Main Street. Upon the acceptance of any plan and specifications, and upon the person or persons who have submitted the same being notihed, he or they shall forthwith thereafter de- posit a marked cheque for the sum of $500 as a guarantee that upon tenders for the work according to such plans, specifications and details, which must be furnished be- fore tenders are asked for, and that a contract will be entered into accoidingly ; and in the event of the tenders exceeding the amount aforesaid, the said sum of $500 to be retained as liquidated damages, as well as the bonds hereby agreed to be given. If, after tenders are called for, the best plan exceeds the amount of the appropriation, the second an! third best plans and specifications received are to be retained or kept until the result is known respecting the tenders on the accepted plan, as also are the bonuses agreed to be paid, and in the event of the tenders not being satisfactory on the first plan, tenders on the second plan will be advertised for, and the like provision respect- ing the third plan should the second not be acceptable, and the person or peisons sub- mitting the second and third plans in the event of either of them being finally con- sidered as the first or accepted plan by the happening of the events or from the causes aforesaid, shall bs subject to the same provision as to the deposit as is hereinbefore mentioned upon the final acceptance of any tender of any person or persons to perform the work according to any plan. The time for receiving plans will be the 15th Day of August, A. D. 1883, Addressed to the undersigned, and to be left at the City Clerk's office, and no exten- sion of the time will take place upon any consideration whatsoever. CHRISTOPHER MOx\TGOMERY, Chairman of Market Committee. Winnipeg, July 16th, 1883. 10 The Plans Examined. Matters in connection with the new Hall remained very quiet Until Saturday, Sept. 1st, when, on that day, the Market Committee met in tht.' temporary civic offices, opened the tenders and considered the plans and specifications. All 'he plans received the most favorable comment, and it was generally admitted that they were the finest ever seen in Win- nipeg. There were seven plans submitted, viz., from Messrs. Barber & Barber, James Chisholm, W. C. Harris, Slater & Barker, A. L. Desey, E. Leever, and Winguard Bros. After looking at the plans the opinion generally expressed by the members of the Committee was, that the choice for first place lay between Messrs. Barber «S: Barber and James Chisholm. For third place it seemed to be nip and tuck between W. C* Harris and A. L. Desy. On Monday night, Sept. 3rd, 1883, the Market Committee submitted its report to the Council regarding the plans and specifications, but the Council deemed it advisable to jiostpc/ne action for a few days. In the meantime the Committee' appointed a committee of builders and experts to examine the plans submitted by the city architects, and that commit- tee met for the first and only time on Friday, Sept. 7th. On the following Monday, Sept. 10th, 1883, the report of these experts, as fol- lows, was submitted to the Council : Experts* Report. To the Chairman of the Market Committee : Gentlemen, — The Committee appointed to examine ftnd report on the plans and specifications submitted, are unanimous in recommending the plan of Messrs. Barber & Barber as being the best arranged and most complete of any submitted to us, and are of opinion that the Committee cannot do better than recommend the same to the Council for their adoption. 2. The plans submitted by Mr. W. C. Harris, in our opinion, come next to the plans submitted by Messrs. Barber &; Barber, being much more complete, more sub- stantial and better adapted than any other excepting the above mentioned. The specifications are also very complete in every respect, this and Messrs. Barber & Bar- ber's plans showing the partitions of brick. 3. The plan of Mr. Chisholm comes third. While the prospective drawings are very neat, imposing in appearance, and take the eye, we find the interior and specifi- cations defective, a large number of the partitions being of wood, and not substantial B the two we have recommended, the spjjcifications particularly being very indefinite^ Ir advt supel reprJ throJ 11 ■y quiet Until littee met in red the plans )le comment, seen in VVin- rs. Barber & A. L. Desey, > the opinion ras, that the r and James tween W. C- In conclusion we must congratulate the Committee on the success attending the advertisement, which has resulti d in securing for competition so large a number of superior plans. The plans of Messrs. Barber & Barber, which we have selected, represent a building which, when completed, for^ architectural design and finish throughout, will be second to none in the Dominion. (Signed) Another Discussion. Wm. Brydon, Wm. Blackmore, J. W. Harris. A discussion ensued on the report submitted by the experts. Aid. Nixon asked in the event of Messrs. Barber & Barber's building costing more than $80,000, would the next plans be accepted ? ;e submitted ons, but the ays. In the and experts hat commit- On the lerts, as fol- ic plans and essrs. Barber 1 to us, and same to the next to the , more sub- oned. The rber & Bar- rawings are ind specifi- substantiaJ indefinite.- Aid. Mulvey and Fortune both thought Messrs. Barber & Barber's building would come within $80,000. The firm had erected school and other buildings for the city, and their plans had always come within the estimates. Aid. Burridge was opposed to the adoption of the report, as he under- stood some additions had been made to the plans of Barber & Barber. Aid. Brydon said the additions were for gas fixtures. A vote was then taken regarding the awarding of the contract to Messrs. Barber & Barber, with the following result : JVays — Nixon, Wilson, Burridge, Ovens, Pearson, McCrossan, McVicar — 7. Yeas — Ham, Mulvey, Fortune, Montgomery, Bawlf, Brydon, Harvey — 7. The vote being a tie. His Worship the Mayor gave the casting vote, and the report of the Committee v/as adopted, and Messrs. Barber & Barber awarded the first prize. Messrs, Barber & Barber were duly notified of the result in the follow- ing letter from the City Clerk : 12 City Clerk's Ofkice, WiNNii'KC, September 11th, 1883. Messrs. Barber & Barber, Architects, etc.. City. Gents, — I have much pleasure in informing you that the Council of this city, at a regular meeting held here last evening, consicitrcd the difl'erent competition plans for new civic offices, and awarded your firm the first prize. I have been instructed to request that you will put up the necessary deposit and provide a full set of details, so th.at tenders can l)e called for, according to the adver''sement. Yours, etc., (Signed) C. J. Brown, City Clerk. Messrs. Barber & Barber also received tl.e following letter from the Chairman of the Market Committee : — Ings a Brydo Winnipeg, September l'2th, 1883. Messrs. Barber & Barber, Architects, etc., City, Dear Sirs, — The City Council having awarded the first prize to your plans for the City Hall, you are hereby notified that it is necessary thai you should, without delay, make the required cash depo'.it, as per the terms of advertisement. I am, dear sirs, Yours truly, (Signed) Ald. C. C. Montgomery, Chairman of Market Committee. In compliance with these two communications, Messrs. Barber & Bar- ber at once deposited a marked cheque for $500 in the Chamberlain's hands, which was not returned to them until after the contract was signed with Dewar. At the meeting of the Council held on Monday, September 17th, the City Clerk was instructed to hand over the plans and drawings of the new City Hall to Messrs. Barber & Barber, so as to enable them to fur- nish details of the work from same, the plans to be returned on comple- tion of the details. The same committee of experts at this time, or about this time, exam- ined the details of the plans and again reported that those of Messrs. Barber & Barber were in accordance with the original competitive draw- *;» 1 1th, 1883. this city, at a ition plans for ti instructed to of details, so Brown, City Clerk. er from the 12th, 1883. the City Hall, lay, make the ERY, t Committee. rber & Bar- amberlain's was signed r 17th, the ngs of the hem to fur- )n comple- ime, exam- of Messrs, itive draw- 13 gs and specifications. This rei)ort was made verbally by Mr. Aid. Brydon, one of the experts. Iv Contractors' Tender. The design of the Hall having been adopted, the next step was to call ,f')r tenders for the erection of the building:. Advertisements were insert- se( ♦Uthoriz( tnent wa »ign was: In or( gem cry the whol the claiH illegal ill proceedi the orde posed dc spent on Hall. 1 Way wou of the by tdo, and ; As it req |omery's f-i. Matte fit hand. Ineeting Council lo raise ! fought h the moti « late he great cla From le City 15 Mixon moved adopted, and rt as read be on a vote o ind discussed :ision regard- eeting of t^-e Timittee again :o Dewar, be er, Aldermen ;rmen Mont- clause. Mr. matter. He e tender o ded the con- lot to exceed might deem rate to be arket Com- i the usual the report More Trouble. It now looked as if everything was settled and that the work could be proceeded with Hut another hitch aro-c. When Aid. Fortune moved that the Mayor siL^n the contract, Aldermen Wilson and Nixon vigorously opposed the nution, and moved in amendment that the Mayor be not authorized to M^n it until the money had been provided. The amend- ment was lost on a division and the original motion for the Mayor to sign was carried. y\nd now the grand liitch occurred. In order to have th^. contract signed before adjournment, Aid. Mont- gomery exerted every power; for, as he said, if it was not done at once^ the whole thing would fall through. Aid. WiLson raised the point that the clause in the report provididing for the letting of the contract was illegal till a by-law was passed to raise the funds. The Mayor ruled the proceeding regular. .\ld. Montgomery moved that the Council take up the order of introduction of by-luws, his object being to amend the pro- posed debenture by-law so as to take $10,000 from the amount to be spent on streets and bridges, and apply it to the erection of the City Hall. The city Solicitor was asked his opinion. He said the proper Way would be to recommend the reconsideration of the second readine: of the by-law. Aid. Montgomery said that was just what he wanted to but the end was ft hand. On Wednesday, October 17.th, the Mayor called a special tneeting of the Council, at which Aid. Montgomery moved that the Council consider the second reading of by-law No. 246, being a by-law po raise $.'^00,000 for permanent improvements in the city. Aid. Wilson fought hard, as did some of the other Aldermen^ against the passing of Ihe motion, but it carried on a division, and before the meeting dosed at « late hour the Mayor was ordered to sign the contract with Dewar amid jreat clapping of hands on the part of the spectators. The After-Clap. From this time until the end of November very little was heard about le City Hall in the Council. On Mondy, November 12th, the by-law 16 to raise $500,000 for city improvements was voted upon by the people and defeated by a large majority, only twenty-seven votes being cast in its favor. The money to build the Hall was not forthcoming owing to this defeat, and on Nov. 2r»th the Market Committee reported to the Council in favor of the city surveyor making a plan of the Market Sfjuare m view of the work on the City Hall. This opened the whole question again, and one alderman asked if the city was bound to go on with the work. It was stated by the chairman of the Market Committee that Dewar would not take a cent less than $5,000, exclusive of all his expenses so far incurred, to forego the contract. Ultimately it was de- cided to advise Mr. Dewar, that owing to the defeat of the by-law, it was desirable to postpone further work or letting of sub-contracts until afier the election of a new Council. The Architect's Commission Dispute. At the same meeting of the Council, Nov. 26th, the following lecter from Messrs. Bai ber & Barber was read by the city clerk : ' • VViNNii'EG, November 26th, 1883. To His Worship the Mayor and the Council of the City of Winnipef; : Gentlemen, — We beg to remind your honorable body that one half of our commission was due and payable as soon as the contract was executed with Mr. Dewar for the new civic office building, this being the usual practice in all cases, and was carried out in the case of the new Police Station ; and also that we have nut received the first prize— $300— which, we presume, should have been paid at the time the second and third prizes were paid. We bc£ to report that the detail drawings have been completed and delivered to the contractor some four weeks ago, and that we are entitled to 1% additional com- mission on them, therefore our commission due at present is as follows, viz. : To first prize on competition drawings $ 300 00 To 2% commission on $80,000 2,000 00 Tol% „ ,r 800 00 Total $3,100 00 We have the honor, gentlemen, to be Your obedient Servants, Barber & Barber. From this letter it will be seen that Messrs. Barber & Barber ignore I ' the people )cing cast in (otnitig owing i-'ported to the the Market icd the whole und to go on et Committee sive of all his ely it was de- he by-law, it ontracts until Mowing lecter r 26th, 1883. lission was due the new civic ried out in the lie first prize— cond and third id delivered to idditional com- , viz, : too 00 K)0 00 ;oo 00 00 00 & Barber. barber ignore 17 at the outset the resol'Jtion of the Council fixing their commissson on $80,000, for supervising the work, at 4%. Their claim in the above letter being based upon the usual commission of 5%, they claiming a commission of 2»^%, being half the commission, due at the titiie the contract was signed. This letter was filed, and no action was taken upon it at the time. Again on Dec. 17th, before the old Council went out, Messrs. Barber and Barber reminded the Council by letter that a portion of their commission, amounting to $3,100, on the contract being signed had not yet been paid, and recjuesting its immediate payment. Aware that the Council was out of funds at the time, the architects offered to accept one-half the amount down, viz., $1550, and wait three months for the other half. In reply to these two communications of Messrs. Barber & Barber, the firm received the following copy of the report passed by the Market Committee and adopted by the Council : " That this Council cannot consider the communications of Messrs. Barber &. Barber re payment on account of commission until the details and perspective plan of the new civic offices are handed in to the City Clerk, when the matter will receive full consideration." In reply to this resolution the architects explained to the Market Com- mittee that they agreed to concede the claim of the Council to the details but not the perspective view, which was their property, and a view they were not compelled, according to the terms of the advertise- ment to surrender. In compliance with the wording of the above resolutior. Messrs. Barber & Barber went to work and made a special set of tracings of the details, and on March the 3rd, 1881, submitted the same to the Council in the following letter : (Ientlemen, — We have the honor of submitting the detail drawings required by resolution of the Council at your last ineeting, and to jtate that you have one copy of all the drawings for the new City Hall in your possession, and that no obstacle or excuse whatever now exists to prevent the pavment of our fee, which is long past due. (Signed) Barher & Barber. March 3rd, 1SS4. In the meantime so far as the work on the Hall and the talk about it in the Council was concerned matters were very quiet. With the new 18 year a new Council was elected, but little was done in the matter until January lUih, If^f^t, when, at a meeting of the Finance Conitniltee, the question was brought up by Aid. lirowii, whether or not the Hall should be built at all during the present year. Aid. Hi own was opposed to the work beinjj; proceeded with, and so was Aid. VVilhon, but the latter did not see how Ihev were goins; to get out of the contract. He had heard the contractor had been advanced $10,000 on the estimates. If that was so the city was in a tiuht box. A majority of the members of the Finance ('ommittee concluded that the work would have to be pro- ceeded with this year. On 2Gih, Mr. liarber's claini for $.'},100 was con sidered by the iMarket Committee and, on motion of the Mayor and Aldermen, was referred baik for particulars, the claini being considered too high. Again, on Saturday, the 23rd of February, the Market Committee dis- cussed the question of getting out of building the Hall at present, Mr. liarber, the architect, being present. Aid. I'olson suggested that the Council Chamber in the new Hall be enlarged, and enquired whether doing away with the partition walls would not counterbalance the cost of charging the plans and the substitution of arches. Mr. Barber re- ferred to the plans and thought it would. If it did exceed the cost would only be a nominal one. Aid. Poison thereupon moved that the archi- tect be instructed to enquire into the feasibility and expense of enlarging the Council Chamber in the new City Hall, and report on the j-ame to the next meeting of the Committee. The motion carried. Aid. S. McDonald muved that the workable details of plans and specifications in accordance with the contract for the new City Hall be furnished this committee by Mr. Barber, for the use of the Council. His reason for moving the motion was to provide against the Council being charged for extra?, as there had been on other contracts. Mr. Barber said there would be no extras. The contract was to supply a complete building for $80,000. He now supplied one set more plans than he had ever done before. On the motion being put, it was carried. About the 25th of March some of the Aldermen, at a meeting of the Council, expressed a desire that a public hall be arranged in the new civic ofifices. With reference to this Messrs. Barber & Barber wrote to the Council as follows : "Your instructions with reference to the examination into the feasi- ;# [ OI bility adapt u and we luggesii very co on the city. The m. 19 maticr until niiiittcc, the Hall should Kj»cd to the c latter did : had heard cs. If that ibers of tht to be pro- 00 was con- Mayor and considered miniitee dis' )resent, Mr. ed that the 'ed whether ice the cost Barber re- B cost would t the archi- of enlarging he f-ame to plans and ity Hall be ouncil. His uncil being Mr. Barber a complete ^lan he had iting of the n the new r wrote to the feasj- bility of altering the Council Chamber in the new civic otVices so as to adapt it for the purjJOSM of a large public h; 11, have been acted upon, and we beg to report that nothing in the pla.is prevent carrying out your luggesiions, and that a public hall which will seat 1,*_'00 people, can be very conveniently arranged tor without interfering with any of the ofticts on the grouhd floor, and should effect a saving of $100 or $r)00 to the city." The letter was referred to the i*ropcrty Commillec. Changing the Plans. On April I'Jth the question of adding a public hall to the new civic offices again came up for discussion. Aid. Poison and Aid. Ham were Strongly iti favor of changing the plans. The ('iiy Clerk said th. t while Mr. Harber had told him it could be done he did not advocate its being done. Aid. Ham |)ointed out that Mr. Barber in his letter said that a saving of $.">00 slwnld be saved by the change. A long discussion en- sued on t'ne desirability of the change. Aid. Drewry did not wish to have the plans changed for any consideration. If anything happened it would afford the contractor a loop- hole to get out cf. It was moved and carried that ,\ld. Bawlf interview the contractor and architect regarding the matter. Changing the Location. On Saturday, April 12th, 1884, a meeting of the Market Committee waa held, at which the location of the hall was discussed. Mr. Barber, the architect, and Mr. Dewar, the contractor, were present, also Mr. Fogg, the inspector of the work, appointed by the city. The location of the new Hall was first discussed. Mr. Barber recommended that the location as fixed by the contract be changed, and that the building be moved back about sixteen feet from Main Street in order to get a solid foundation. He explained that there was a gully where the front part of the building was fixed by the contract, and on ^hat account a good foundation could not be obtained. The change would only entail a small bill for extras, how much he could not say exactly. The contrac- tor being asked said the bill of extras for niaking t'le change would be between $3.50 and $400. Mr. Fogg was opposed to any change being made, and said the contractor should go low enough until a solid founda- tion was reached. The plans and contract were examined, and it was 20 found that, while the plans showed that the foundation should be seven feet deep, the cortract and specifications merely stipulated that a solid foundation should be reached. In the face of this Mr. Dewar main- tained that he was only bound to go seven feet below the surface, and it he had to go lower the city must bear the expense. It was ultimately moved " that the location of the building be changed sixteen feet from Main Street in order to get a good foundation, provided that the change does not interfere with the contract, and provided that the city has not to pay for extras, and that the front excavation be filled up by the con- tractor at his own expense." The motion was put and carried. The chairman then brought up the question of altering the plans to include a public hall. Mr. Barber said that at the request of the Council he had reported on the feasibility of the change, and while he had stated that it was feasible, he wished to point out that he had not as yet recommended the change. He said that the change would make a slight difference in the elevation of the building. It would also cut out the electrician's oftice and a room that had been intended for a general committee room. The Mayor said that by the change a good public hall would be made, but in his opinion it would spoil the building. He pointed out that the hall would also have to be used for the Council Chamber, which, bethought, was objeciionable. Several of the Aldermen also expressed the opinion that while a public hall was, perhaps, desirable, it would not do to also make a Council Chamber out of it. Aid. Poison advised the members of the commiiice not to make any change in the contract, because if anything happened the contractor would have a chance to say it was caused by the change. He moved that the proposal for a public hall be not adopted, and that any changes in the contract or plans be not sanc- tioned. The Mayor supported the motion, and after some little discus- sion it was carried unanimously. have the thought interests that the of materi With the City April lOt Mr. Tho $5 per d the appo that gent 15th, the Com mitt spector, the MarJ ni»en'. \ every rat 4iscussic Fogg's a The 3 the pow appointt an nspe He fore future. Inspector Fogg Speaks. At the same meeting Aid. Bawlf stated that a dispute had arisen be* tween the architect and the inspector employed by the Council. The dispute was as to which of them was to decide whether the materials put into the building were substantial and should be used. Mr. Barber claimed that the inspector should work under him, and that he should ,1 A.boi tcgardi: Irom M l)e," w; ?and an iko a cc inot be lid be seven that a solid )ewar main- rface, and it s ultimately ti feet from : the change :ity has not 3y the con- id. he plans to reported on ivas feasible, the change, le elevation ftice and a oom. The made, but hat the hall bethought, he opinion do to also 2 members because if say it was blic hall be i not sanc- ttle discus- arisen be- ncil. The aterials put ^fr. Barber he should 21 have the ruling power and nominate the inspector. The inspector thought otherwise, and thought that he was employed to look after the interests of the city and not those of the architect. Aid. Poison moved that the inspector should have the power of deciding as to the suitability of material used, and his motion carried. Inspector Fogg's Appointment With a viev\, it is presumed, of having everything in connection with the City Hall firjt-class, etc , the Market Committee, at a meeting held April 10th, decided to recommend to the Council the appointment of Mr. Thomas Fogg as inspector of the work ?nd material at a salary of $5 per day. Immediately the Committee had decided to recommend the appointment of Mr. Fogg, the chairman of the committee wrote to that gentleman telling him to go to work at once. On Tuesday, April 15th, the City Council met and considered the report of the Market Committee. Aid. Mulvey thought $5 a day too much to pay the in- spector, and that men as good could be got for less money. He thought the Market Committee had acted a little too fast in making the appoint- ri^en^ Aid. Wilson thought the salary none too large, and believed that every ratepayer would be glad the appointment was made. After some . 4iscussion thi; Council endorsed the action of the committee and Mr. Fogg's appointment was confirmed. The architect of the work, however, strongly objected at the time to the powers given Mr. Fogg. He had no objection to Mr. Fogg being appointed clerk of the works under" him, but he did object to his being an nspector, with powers greater than those of the architect himself. He foresaw if that was done that it would create great trouble in the future. Moving the Hall. .\bouc this time the members of the Council were greatly troubled regarding the question of moving the City Hall further back si.vteen feet Irom Main Street, in order to get a good foundation. " To be or not to be," was the great question of the Council, and motions, amendments, and amendments to amendments took up a great deal of time. Owing to a coulee or *' soft place " in the ground a proper foundation could not be got where the Hall was originally planned to stand, and whe'.her .1 22 the contractor was bound by the terms of his contract to dig down until he did find a hard foundation, or merely excavate a ceitain number of feci, were vexed questions. On April 16th the City Clerk wrote to the architects, enclosing the report of the Market Committee as follows : "That the architects' recommendation to move the building back sixteen feet to procure better foundation, be adopted, providing it does not interfere with the contract or cost more than $300, and that the front excavations be filled up at the expense of the contractor." In reference to this clause of the report Messrs. Barber & Barber sent the following letter to Mr. Dewar, the contractor : Winnipeg, April 17th, 1884. R. Dewar, Esq., Contractor for the new Civic Offices. Sir,— We herewith enclose a copy of one clause of the Market Committee report which was adopted by the City Council at the last meeting, wherein we are authorized to move the buildinjj to secure proper foundation, etc., and are directed to not interfere with the original contract, therefore you are to consider this as an entirely new con- tract for the work therein specified, and that only. The price, being fixed by the Council cannot be altered now, so you will, if satisfied, write us accepting this resolu tion, thereby closing, this as a new contract. Voursr etc., Barber & Barber. On receipt of this letter from the architects, Mr. Dewar appears to have sought legal advice, for, on April 17th, Messrs. Ross, Killam & Haggart wrote to Messrs, Barber & Barber as follows : Winnipeg, April 17th, 1884. Messrs. Barber & Barber, City. Dear Sirs, — Mr. Dewar has submitted to us a copy of a resolution of the Council relative to the change of the position of the new City Ila!!, and after reading the same in connec- tion with the contract, we find that before Mr. Dewar could carry out the wishes of the Council, even if he assented to that resolution, a new supplemer lary agreement, executed otherwise contract h change in the questi Mr. Dewa which we executed i carried ou questions 1st Que vate the e ings show explanatic 2nd Qu than that fair recom 8rd Qut changes rt 4th Qut changes si Kindly ; Messr Haggart Messrs. , Dear Sii In repl) Hew civic drawings, fpom the g ilpecificatii l^at depth tpivc insisi 23 lig down until iin number of enclosing the building back nding it does and that the tor." & Barber sent il 17th, 1884. :ee report which e authorized to to not interfere tirely new con- ig fixed by the ting this resolu fe Barber. ir appears to ss, Killam & il 17th, 1884. ncil relative to same inconnec- the wishes of ary agreement, executed by himself and the city, and countersigned by yoursehes, would be required; otherwise should he go on without having this formality complied with, by the original contract he is expressly prevented froni claiming any allowance therefor, and as this change involves the question of ambiguity in the specifications and drawings, and also the question of exira work, of the cost of which you are the judge, we have advised Mr. Dewar to get from you an answer in writing to the following definite questions, which we subjoin, and then, with these questions settled, a supplementary agreement executed as aforesaid, can be made, and m this way the wishes ot the Council can be carried out, and Mr. Dewar's tights under the contract will remain unimpaired. The questions we desire you to answer are as follows : 1st Question. The specifications of the excavation contain these words : *' Exca- V»tc the entire area required for the footings down to the solid blue clay," and the draw- ings show a definite excavation or dep'h of seven feet ten inches. Now what is your explanation as to thii, and what would be a fair way to reconcile the ambiguity? 2nd Question. If, in order to find the blue clay, an extra amount of excavation than that contemplated by any of the parties is required, what would you consider a fair recompense per foot or per yard ? # 8rd Question. In your opinion, what do you think would be a fair sum for the changes requested by the Council and the excavation if you consider it such ? 4th Question. Will any other expense be occasioned to the contractor by the changes suggested in the resolution, and if so, how much ? Kindly answer the above queries at your earlitst convenience, And oblige. Yours truly, Ross, Killam & Haggart. Messrs. Barber & Barber's Answers. Messrs. Barber & Barber instantly wrote to Messrs. Ross, Killam & Haggart the following reply to their letter. Winnipeg, April ISth, 1884. Hessrs. Ross, Killam & Haggart, ,; Barristers. I^EAR Sirs, — In reply to your queries in the matter of specifications, etc., of excavation for the Ijew civic office building, we beg to reply to the first question. That the large scale ^drawings, which always take precedence, show the depth required for the footings ^va the grade line, and is figured at seven feet ten inches, and that although the ■jwcifications mention "solid blue clay," wt fully expected to find it before reaching pat depth, (as we invariably have done in eight years' practice here), still we should ll^ve insisted upon that depth to secure the footings against the action of frost. As to 24 the " ambiguity " which appears to exist, (hat clause intended to Cover a matter o a few inches if we were not satisfied with the foundation at the depth shown on tht drawings by scale and figures. In reply to question two. — If it should appear to us that the foundation is not gone at the depth above stated, Mr. Dewar should be entitled to 70 cents per cubic yard foi extra excavating, and $10 per cubic yard for extra ruble masonry, and as architects we are bound to do justice to both parties, therefore our measurement would be eXac and valuation as quoted. In answer to your third question, — The price fixed by the Council, viz., $300, wil cover the cost of the moving the building back sixteen feet, and does not admit ot an) change in the plan or contract, therefore means a new contract. Fourth answer.— No additional expense will be imposed upon the contractor unlesi the Council adopts our recommendation with reference to a change in the rear steps, and enters into a proper agreement to make such a change, as indicated by the pre amble to your queries ; and of course the contractcrr will naturally become a party tc this, and have ample opportunity for readjustment of price, etc. And we believe tht Council intends to act strictly in accord with the letter and spirit of their contract neither expecting favors to be solicited, nor granting afty. Yours truly, Barbeh & Barber. Again on April 28th the architects wrote as follows to the Council : WlNNltEd, April 28th, 1884. To His Worship the Mayor and Council of the City of Winnipeg. Gentlemen,— It appears that some misunderstandifig has arisen with refp.rence to the proper definition of the contract with R. Dewar for the erection of the new civic offices. By the term contract we mean the entire contiact, embracing the plans, drawings and specifications, and the conditions which are all signed and incorporated into one con tnct, which must all be read. Touching the matter of difference we therefore beg [c extiact all the clauses bearing upon the point, and annex thereto our definition and decision. The specifications say (0 0.) The drawings scale are figured 7ft. 10 in. for the depth of foundation from grade line. The conditions are, (1 1) (2 2 (3 3) (4 4) (5 5). Therefore our candid opinion, based upon those points is, that the contractor is bound to excavate down to the solid blue clay, as shown on the drawings and defined by the architects at the time 'enders were called for. We then defined the depth to be 7 feet 10 inches from the grade, fully expecting to find a good foundation at that depth. Several of the contractors, including Mr. Dewar, required this definition in order to ensure accuracy in their estimates, and we were so certain of securing a good foundation at that depth that we stated positively that, should they or any of them be required to go deeper than :;hown on the picture, they should be paid for such extra depth at the samp rates their estimates were based upon ; and fivrthtrmore we have adhered to this definition up to the preuent time with the addi tion that dep'h a f • Dg> nui.>l tions. Anoili first of all the contia wer-j ill'.:- sant vviili their delm minor inal COUi'se iif I In refcn we hig bi heia {sr_c parly of il fact in t!ie or olheiui loss and il: are taken city's misfc In concll between tl' proper anc tion, and J .\[r. B payment CO ^'. tracts as iVotn t $2,. ".00. went cle; his letter COiitractc SBggestei ^onewor ^Y yard 25 over a matler o th shown on th: a lion is not gon per cubic yard foi nd as architects 't would be e*ac 1, viz., $300, wil 1 not admit ot am contractor unlesi n the rear steps, uod by the pre come a party tc id we believe the if their contract & Barber. he Council : wil 28th, 1884. :e to the propet Jivic offices. By s, drawings and ed info one con therefore beg tn jr definition and gured 7ft. 10 in, (1 1) (2 2 those points is, as shown on the i for. We then g to find a good Dewar, required vere so certain of lat, should they they should be ased upon ; and : with the add! tiou that the specifications might be construed into meaning that we might exceed the dep'h a (cw inches if necessary, but tlio conditions particularly mention that the draw- ng^ must be adhered lo, and are to be considered ef,ually binding with the .^j-"''. ra- tions. Anoth'T prominent feature thriin;;hnut the contract is, that the architects are named first of all in every case as being tlie proper persons to decide or define the meaning of the contiact. The reason for 'his must he app.irent to any uninejudiced mind. They were the creators of the plans, designs and speeificalions, cnnsecpiently are conver- sant with 'very malfr of detail, vvhelher distinctly showii, specified or implied, and their definition is placed fir-it and above all because of those reasons and thousands of minor matters ol contract that are not written, luU uhicii must be developed in the course of construction by the daily su[)erintendence of the architects. In reference to that clause which apparently oidy binds the party of the second i)ait we beg to say that we rei^resent the party of thi- first part whtni acting as agents for hetn (securing tenders, defining the contract, or rejecting bad work,) consequently the party of the first i> bmiiid by their own ads, without necessitating a rehearsal of this fact in the contrncl ; therefor.', if this be true any unnecessary delay caused by neglec^ or otherwise on tile part of the party of the lir^t will cause Mr. Dewar very serious loss and damage l>y running the s\(>rk into ih,' winter, and, we feai, that unless steps are taken immediately to remedy this defect in the foundation (which is solely the city's misfortune) the contractor may be allowed to recover damages. In conclusion we respectf.illy beg to suggest that a new ctintract be entered into between the city and Mr. Dewar for the excavation and stonework necessaiy lo secure proper and satisfactory fuuidalion, at the rjte of 70 cents per cubic yard for excava- tion, and $10 ])er cubic yard for masonry. We have the hrmur, gentlemen, to be Your most obe^Ji nt servants, L!AiUii;K A- Bar in: i^ Architects. .\[r. Barber also wrote to the City Couvicil on May 1st regarding the pn} ifi.cnt of $2,500 for extra excavating. In his letter he said that if the Cct'.tractor had to go three feet deeper dowti to reach a soUd foundation, as from the indications showed he would have to do, then it would cost $2,")00. r^.it il was n t cerlain tlnit that depth would suffice until they went clear back and satik test nits. Me also ex[M-cssed the opinion in his letter that if the Council refused to pay the extras and cofnj)elled the contracror to go lower, "ne would be liable to recover damages. lie suggested that a new contract entered into f -r the extra excavation and Stotiework at the rate of 70 cents per cubic yard for excavation, and $10 gpr yard for stonework. lie was not in favor of a [)ile foundation, as it 26 woulel cost $2r),000. Mr. Fogg expressed the opinion that the extra excavating would cost $.'i,500. Aid. McCreary moved that the extra foundation work be performed at once, and i)aid fur at the rate suggested in Mr. Barber's letter, pro- vided that the City Solicitor declared the city was liable for the extras. The motion carried. A Summary. At this stage it may not be amiss to summarize the proceedings so far. The city decided to bui'd a City Hall at a cost of $80,000. Tenders for plans were called for, and Messrs. Barber & Barber were the success- ful competitors, liaving planned a hall to cost $80,000. Contractors were then invited to tender for the building of the Hall, and Mr. Robert Dewar was the lowest tenderer, he offering to do the work for $78,500 cash and the old material, which he valued at $1,500. His tender was accepted, and he set men to work excavating the foundation. Right here the first trouble arose. The architects' plans and specifications called for a foundation seven feet ten inches deep, or until the solid blue clay was reached. This clause was based upon the tact that the solid blue clay in Winnipeg was invariably found at a depth of seven feet, and the architects naturally thought it would be the case with the Ci^y Hall But, unknown to them, the very spot where the building was being erected, was once a coulre ; nature took a freak there and the blue clay made a deep dip. After digging the required depth this soft spot was apparent, and then it became necessary to dig deeper. Now who was to blame for this? Certainly not the contractor, who had complied with the specifications ; and certainly not the architects, who were ignorr.nt of the fact that the siic of the Hall was once a bog. Both aichitect and contractor ppear to have acted in good faith, but nature happened to be against them. Had the site chosen been solid, as every one sup- posed it to be, and on that supposition the plans and specifications for excavating were based, then there would have been no trouble whatever. When the " soft places " were found it became necessary to go deeper, and in equity and justice the contractor was entiUed to extra pay for so doing. It was an unfortunate circumstance for the City Council that the site chosen for the Hall was just where it was, but there is no evi- dence that any fraud was contemplated or attempted by either architect or contractor, and when the trouble was known it would have been more dignified exravatin the way i On Sa Sun new Fogg, th( much of ing to be He also : the plan, not tally inspectoi as will b( It has extra foil rate simt declared 4th, a sy City Soli The Soli " I hav the new c' to an extr; the pliins. & R.irher, the ambij^ that the p ©n 'he p!r ;;|hat is, th t>f ilislanc P "Myii ling the m ^1 am of tl , j)ound to "Architects Lt the extra performed letter, pro- the extras. dings so far. Tenders the success- Contractors Mr. Robert for $78,500 tender was tion. Right pecifications he solid blue at the solid ven feet, and e Ciry Hall g was being he blue clay oft spot was ow who was amplied with e ignorr.nt of ichitect and happened to try one sup- ifications for Die whatever. • go deeper, a pay for so Council that e is no evi ler architect /e been more 27 Signified on the part of the Council to have voted the extra rcs' for excavating in a manly fashion instead of haggling and squabbling ov*^r it the way it did. The Inspector Speaks. . On Saturday, May 3rd, under a string of sensational headings, the iSw/? newspaper contained the interview of one of iis rei^orters with Mr. li'ogg, the City Hall inspector. That gentleman told the reporter that much of the material — the ston-s brick and lumber, on the ground wait- ing to be used in the construction of the Hall, was unfit for the purpose. He also found fault with the foundation, no drainage being provided for in the plan, and he had fault to find in that the plans and specifications did not tally regarding the depth to he excavated. This interview with the inspector published in the Sun created some little comment at the time as will be seen hereafter. The City Solicitor's Report. It has already been pointed out that on motioa of Aid. McC. :ary the extra foundation work was to be performed at once, and paid for nt the rate sucgested in Mr, Barber's letter, provided that the City Solicitor declared the city was liable for the extras. On Mondiy morning, May 4th, a special meeting of the Market Committee was held, and at it the City Solicitor reported, Mr. Barber and Mr. Dewar both being present. The Solicitor's report was as follows ; " I have considered theqiu'stinn su!)mitted to 'Tie in refi-rence to the excavation f )r the new city oni:os, and I have to 2;ive it as my opinion that the contractor is entitled to an extra sum for any excavation below the depth of seven feet ten inchc-s, shown on the plans. T am forced to come to this c jnciu--ion inasmuch as the architects, B;irher & Barber, have given as their opinion or decision that the meaning or interpretation of the ambii^.iity in the plans and specifications in connection with the excavation is, that the phrase 'l)lne clay' in the specifications is limited to the measurement shf)wn on 'he plans, seven feel ten inches. Had th"y (the architects) decided ntherwise — :|hat is, that the contractor was oliliijed to excavate down to the bhie clay, irrespective pf distance — he would have had to have done so without any additional compensation. )k. M " My interpretaticn of the plans and specifications, I must say, after carefully wei^'h- i||ng the matter, is not the same as the interpretation given by Messrs. Barber i^: Barber. "i am of the opinion that the contractor was, previous to the decision of the architects, . jbound to go down to the blue clay without any additional compensation, and the Irchitects should have decided so. 28 "As imiUcrs now slaml, llu-rcfuic, 1 would recommend that an agreement I'c entered into httwitn t c city and ilic contractor for the work, which the arcliitcct.'^ have decided to he extra work. " Tlie relative position of the architects in the contract for the erection of the City Ilall had better he clearly undtrsioDd. They are the sole judges as to the meaning of the plans and specifications. " It is a universal rule in luiilding coiitracts to make this the piaclice, the basis of reason l)eing that an architect is supposed to act as an arbitrator between the parties, having no interest one uay or the otlier, and as a consequence will decide every matter at issue in an imijuuial and unprejudiced munner." I have the honor to be, E. M. WOOD. 'I'wo points in this report are of importance. First, the City Solicitor reports in favor of tlie Council pa) inj^ Mr. Dewar for the extra work on the foundation as advised by the architects. Secondly, he informs the Council that it is an universal rule in building contracts for the architects to be sole judges as to the meaning of the plans and specifications. A discussion ensued aniong the niembers of the Committee on the report submitted to them, and on mc-tion of xMd. Poison it was decided that the City Solicitor be in.^tructed to prepare the agreement between the City and Air. Dewar f^r the extra excavation and the iriasonry re quired in the foundation lor the new civic offices. Mr. Dewar said that he should expect remuneration from the Council for having been delayed. Mr. Fogg said that Mr. Dewar was not ready to go (^n, not having lus bricks manufacttired, l^y a motion of the Committee, Mr. Fogg was instructed to report at once to the Council on the material now on the ground, ar.d whether it was fit for use. The City Solicitor said that it was the duty of the City Engineer to decide in the matter of materials, but Ml. Barber refused to be bound by the deci^iion of the City Engi nesr. Aid. Brown was of opinion that Mr. Barber should be removed and some one else be put in his place, whereupon Mr. Barber offered to resign if anything wrong could be proved against him, and stated liis determination not to be bulldozed by the Council or any one iilse. After a little more discussion in this strain the Coii-jmittee adjourned. Motion to Dismiss Barber. tften o\ marks was on men w Ifor in^ in the tfcrms ^nstr' it unfit did n( somet The St. not ctii quo'ns the gra weight About this time the discussions in the City Council among the alder 29 nn ngrccment I'c icli ihc arcliitL'ci- zUon of tlio City to ihe iiieaiiiiig ul tice, the basis of *vcen the panics, icidc every matter VI. WOOD. Ciiy Solicitor extra work on e ititorms the " the architects fications. iiittee on the was decided nent between e masonry re war tiaid that been delayed. Jt having lus r. Fogg was now on the said that it of materials, le City Engi- 1 be removed )er offered to nd stated his le ;;lse. After led. g the alder men over the ( ity Hall became very animated, quite justifying the re- marks of the press of the city that an attendance at one of the meetings was on a [lar with the attendance at a circus. Exactly what llie alder- men were driving at is not cl'jar ; it is doubtful it' they knew themselves. For instance, on M>/nd.*y, May Aih, there was a regular goas-you-please in the Chamber, Mr. i'ogg preseired a re[)ort in accordance with the tferms of a |)rcvious rcMoiution regarding the malciial being used in the construction of the Hall. He reported that the oak i)lank was most of it unlit to i)Ut under the f )otings ; that the jjcrson who accepted the oak did not know nmcli abjui it. The brick delivered on the ground was something like the oak, many bad and not fit to go into the building. The stone cut was not v ut ar(.:')iding to the si)ecincaiinns. 'ITicy were not cut square nor S inclies in the bed. The Ohio stone, more so the quo'ns, were not fit to go into tiie building, being cut Ihi; wrong way of the grain. They were wedge-shape, and could not be bai.ked solid, the weight being thrown on the face of the stone, and will clii]) olT. He also suggested that a contract be let before the excavalini; was hnislied to drain the entire building. Another Legal Opinion. At the same meeting the City Solicitoi piescnted the following report to the Council : — " In reply to your instructions at the Market Conimitlec to-day, asking luy opinion fts to tlie exact lei;.il position of the city in conniciioii with llie eiigajfement of Messrs. Barber & llarber as architects lur ihe conslrucii^in of the new City Ihili, I have to say kha.{ ii is my opinion that the city is in r.o h'j;ai sense oblii^ed to retain the services of the gentlemen in the rapacity above mentioned, and can dispense wiili their services Ut once if desired, paying them on tlie principle o{ tfi/an/uvi inciuit, fur tlie work ':iijfictually performed. I may say that I have consulted another legal gentleman in refer- ;fcnce to the matter, wlio entirely agrees vvidi me in the above."' ? This report of the Solicitor's brought Aid. I'rown to his feet, and he •Inovrd f;)r the dismissal of the architects, and that Mr. Kogg be apj)oint- ed superintendent of the building at $•"» per day, arid in conjujiction with ;?^he Market Committee be empowered to enti^loy such architect or archi- tects for the p-tirjrse of drawing plans as he might see fit. Aid. Drewry defended Mr. Barber, and thought Aid. Brown a little too fast. It was unjust to carry such a motion before xMr. Barber had been heard in defence. Aid. McCreary agreed with Aid. Drewry, He 30 claimed the motion was simply brought forward on I'oj^g's report, and the Council was asked to take one man's word against another. No matter what Mr. Barber might be, he (McC.reary) would give him fair play. Aid. Mulvcy also defended Mr. Harber, and thought the materia! on the ground good enough to go into any building. Ultimately Aid' Drewry moved in amendment to Aid. Brown's motion — "That the Market ('ommittee investigate as to the quality of materia on hand for the new civic offices, and o!\ which material estimates have been passed by the architect, and if said material is said to be improper or of inferior quality, that the present architect be dismissed, and that the Committee be authorized to employ any assistance necessary to make a full and impartial investigation." .\ld. Brown withdrew his motion, and the amendment carried as the original motion. Practical Men Speak. On the morning of Wednesday, May 7th, a special meeting of the Market Committee was held, at which all the members were present, to make arrangements to investigato the charges made by Mr. Fogg, the inspector, against Mr. Barber, the architect, (or passing several thousand dollars worth of unfit niaterial. Aid. Brown suggested that the Committee appoint an architect and a practical builder, and Mr. Barber also to choose an architect to examine the material and re[)oit to the committee. Aid. Poison wished to have nothing whatever to do with architects, they were all prejudiced the one against the other. Aid. Brown suggested that Mr. Fogg cl^oose one man and Mr. Barber the other, and the two to agree on a third. Mr. Barber said the committee could appoint whom it wished provided he had the right to object to any one he knew to be prejudiced. To make a long story s'^ort the three following gentlemen were ultimately ap- pointed, all the archuects asked refusing to do so : Afessrs. A. P. Came- ron, W. W. Banning, and the City Engineer. The investigation was made on the morning of Saturday, May 10th, both Mr. Barber and Mr, Fogg being psesent. All the material was carefully examined and on Monday night. May 12th, the investigators made the following report to the Council, the last clause of which (No. 7) certainly would seem to exonerate the architects. To iho M| Gem I ''^i Your < ■ the C'.ntK arch i Ice 1. 1 1. I'lial 2. Tluil 3. Th. unfit for 4. Til. 5. Tli;i ns are ni> 6. Thn It has lo Ibe Monc 7. Tli: given by In C( the CO with th As th deliveri the mai assiii 'J Thei and ali^ But iht move t by a c< .,ahat h^ '#as seal >• is no 1 tract, ;g s report, and another. N,, ^ivc hini h\i lit the mati'ii;.! 'lliniately Aid' I'ly of materia stiinatcs have ^ he impr(;|)C'r ed, and that ssaryto make anied as the leeting of the present, to f*"- I'ogg, the :ral thousand hitect and a t to examine Hed to have ced the one choose one third. Mr. provided he To make imately ap- ^- P. Came- igation was er and Mn ed and on g report to 'd seem to 31 The Report. To the Mayor ami Covincil. GtNll.KMKN,— Your C'jiimiitUx- .>iijT'int(.(i to exainiiio and iiport upon the material furnished l)y the contractor for till' new civic ulficii, upun wiiicli .in estimate was ^ivon by the •rchitcct, lji.'g leave to report. 1. That aljout l'>% of the hricks delivered are not sound and merchantable. 2. That about \6"/. of the oak tiuiher dt;livcred is unfit for the footings of the foundation. 3. That about fiO/^ of the "shoddy" stone (not mentioned in the specifications) is «ofit for face work. 4. Thai the Ashlai stone pointed out to us is qood. 5. That the water tai)ie!:, sills, stringcourses, lintels, panel-blocks, etc., shown to ns are not of nativu limestone, as specified, but are of Ohio free stone. 6. That all stone placcii in the building (uighl to have beds proportioned to the weight it has to cairy, the service it has to perform, and the position it occupies. Some of ihc .stone pointed out to us did n',)t appear to be designed to fulfil thes(; conditions. 7. That the value t)f the good material on the ground is in CKcess of the estimate given by the ari^hitects. City Engineer's Report. In connection with the alK)ve report, City Engineer Wassell, one of the conuiiissioners, presented the f an improvement. The contract piovitks that the payment of proj^ress estimates s !ia I not lie con.-y the architect in no way l)ind> the city to acc'pt the inferior material upon which the said estimate was made. Uniler the oohiraci it is the .irrhiiect's or superintendent's duty to reject all improper material or Workmanship, and if plac(!d in the huilditiij to pull it down and have it replaced hy good material and workmanship, hut I do not find that the CvUitiact anysvhcre escludL-- improper material from tlie j;round. The Action Taken. When the question c:imc up for discussion it was after midnight, and Aid. Poison moved that it be left over for another week. Aid. Bawlf moved "That the contractors of the new City Hall be in strutted to i^tocecd with tlie work, and that the architects lie instructed to have the contractor carry out the contract according to plans and specifications." After a short discussion the nK^tion was carried. An Architect's Opinion. Mr. Moborly, a woll known archi'ect of the city, also examined tht^ material on the ground, and sent the following letter to Messrs. Barber & liarber : — WiN'MPEO, May 9th, 1884. C. A. Bari;ek, Esq , Architect, Winnipeg. Dr-.AR SiK,— I ..■••e examined the material on the ground at the site of the pro- posed City Hall, and 1 consider the oak plank for the support of the foundations to be of a good quality for th- work. Some planks will require small portions to be cut off owing to their being par'lally rotten, but the quantity so cut ofl'will be very small. The c■>" and that it f"«ies.s esiiinaiis ion of ihecurrcct <> tlie contractor. II no way Mn.ls as made. Under iijiropcr material '•L' it replaced In 7" liere exclude-. nidnight, and y ilall he in "•e instructed o plans and a mined the ssrs. Barber 9th, 1884, fe of the pro- >undations to ans to be cut '- very small. The cd^cs of su'"^' a« have bark on them will not be detrimental to the work where the bark (loe.<« not interfere with the thickness of the plank. It is not necessary t* have a close joint in thii work, and in such a soil as they will be laid in they will out' iMt the superstructure. The cut stone is of a superior (jualily. There are a few that have hardly sufficient depth, and would have been better had the stone-cutter dressed them in the opposite direction. I remain, fir, Your obedient servant, WALTER MOHERLY, Architect. Preparing to Lay the Corner Stone. On May 31st the Market Committee decided the question of laying the corner stone of the new building. It was decided to expend not more than $100 on a natural limestone, and $2r) on a silver trowel. Provision was also made for placing documents and other matter in a cavity in the stone. The day for laying the corner stone was not de- cided at this meeting. Messrs. Barber & Barber's Commission. On Monday night, July 2nd, the following letter, dated June 30th, . was read at the City Council : Winnipeg, June 30th, 1884. To His Worship the Mayor and Council of the City of Winnipeg. Qentlemen, — It appears that there is a misunderstandinfi; as to the amount of the commission that' we are entitled to in the matter of the new civic office building. We therefore beg to draw your attention to the facts connected with our engagement. First of all the •dvertisement calling for plans did not provide for the engagement of the successful architects to carry out the work ; still it was understood by the Market Committee of last year and, no doubt, by every architect who competed, that the successful architect ahould receive the first prize and be engaged to carry out the whole work on the usual eommission, (5 per cent, upon the whole cost of the building.) We certainly ex- pected that the Council would carry out the committee's engagement, otherwise we ,;|hould not have competed for the work. However, we were disappointed in our |,§xpeclalion, for, no sooner were our plans adopted and the contract for the building i|(xecuted, than some sharp practice crops up in the shape of a resolution to pay us only 4 per cent, upon the cost of the building for our full services, which means that we aie only to get that amount for two years' services, from July 1883 to July 1885. 34 This resolution has nerer been accepted by us, and we appeal to you to decids whether it is right or just to force us to accept less than our dues and still assume the responsibility of the position. Yours obediently, BARBER & BARBER. The Inspector Kicks Again. On Monday, July 9th, Inspector Fogg sent the following communica tion to the City Council : The contractor has commenced to set the Ohio stone, for the back course, to receive the face brick work. It is always a standard with builders to use the largest and the strongest stone for the base course, to receive the brick work in their class of structure. I am sorry to say this rule is not being carried out in their work. The base course in some stones is cut away at the back and not more than one and a half inches on top to receive the face work. Other base stones are cut in two leav- ing a moulding on top not more than two inches for the brick to bed on. This certainly is not solid work. Some three months ago I condemned these stones and was told that they were not going into the building ; and it was time enough for me to find fault when the stone was in the work. They are now set, and I am at liberty to object to them, which I certainly do. I beg to draw your attention to some other buildings in the city of a similar structure, and examine the base stone in them set to receive the brick work. Mr. Fogg here referred to the Government buildings, Hud- son's Bay block. Merchants' Bank, Whitla's, and several buildings that are at present being erected. You will remember when the commissioners were appointed to exam- amine the material, they stated in their report that a large amount of the stone was unfit for use in the building. What I ask is for the Council to come to a decision and define what thickness of stone will be accepted in the work, as there is a large quantity of stone on the ground, some not more than two inches thick. There should not be any stone less than 41^ inches for the brick to receive a full bed. In fact the stone should be 8 inches, so the brick backing could form a tie on the same stone and bind the walls firmly together with the anchors. This would be more like solid work. You \ not beini The r work an( will be n Then Louis br a native There not a str care mu is my re give it a brick or brick nc looking terial or brick w( trouble street w he woul ten inc anchore not hav Aids, were af Counci '-■':■ Anoi buildin Wm. E A We base c( ■mu 'M o you to decide still assume the BARBER. communica for the back standard with ase course, to rry to say this urse in some a half inches t in two leav- ick to bed on. ras told that ugh for me to w set, and I the city of a D receive the ildings, Hud- uildings that »ted to exam- mount of the the Council 1 be accepted round, some ny stone less :t the stone on the same This would 35 You will remember the last city hall bulged out on the face work by not being properly tied and bonded. The ratepayers are paying out good money, and should have good work and the value for their money, but from present appearances this will be nothing more than veneered work, when it should be solid work. The red brick on the ground is only a spurious imitation of the St. Louis brick, not a strong brick by any means ; nothing like as strong as a native pressed brick such as the specifications call for. There is not one red brick in twenty that is free from cracks and llaws ; not a strong brick. They are there to test, not sound. The greatest care must be taken in selecting these bricks for the face work, and that is my reason for asl'ing for the stone to be th*^ full width of the brick, to give it all the leaning possible. If there is only two inch bed, either the brick or stone must go, or both. What with badly cut Ohio stone, red brick not sound, and artificial stone, it will require the utmost care in looking after this work, and nothing should be neglected either in ma- terial or workmanship. There is a good foundation and the stone and brick work up to the base course is a good strong job, after considerable trouble which I shall refer to at some other time. A citizen from the street would say that the base stone was all right, and looked well ; but he would not think it was in two pieces — the top pieces about three by ten inches on its edge to receive the brickwork, and ihis stone not anchored to the back-work. All the dredging stone in this work should not have been left eight inches thick on bed. Aids. S. McDonald, McCreary, Bawlf, Brown, and the City Engineer were appointed a committee to investigate the matter and report to the Council upon the same. Another Inspection. Another inspection of the material on the ground and to go into the building was made by Messrs. Wassell, city engineer, C. O. Wickenden, Wm. Blackmore, and A. P. Cameron. They reported as follows : We find that at the rear of the building the bed of the Ohio stone base corner is, in our opinion, insufficient and in some instances the base 36 corner is worked in two pieces of moulding; being worked separately. This, in first-class work, should have been out of one piece. As to the base brick — if in calling for native pressed brick, the inten- tion was tc use the Dominion City brick, then we consider from the samples on the work that the red brick now used is superior. If the native pressed brick specified was intended to mean the local Marten Machine brick, then we consider that the red brick now used is inferior. To the Chairman of the Special Committee appointed to examine the material used in the new city offices. We beg to report that on receipt of your instructions handed to us, we read the com- m'Txations submitted to you by Mr. Fogg, and examined the material on the work. The bricks now being used have little cohesive strength, but in order to determine if they are sufficiently strong it will be necessary to make a series of compression tests, at\d to calculate the weight they will have to bear. We further think it well to point out to the Council that their architect is vested by the contract witn absolute power of decision as to material, and has absolute power of making changes, and his decision is final so far as all works under the contract are concerned. ED. WASSELL, WM. BLACKMORE, C, O. WICKENDEN, A. P. CAMERON. This report was cons-dered clause by clause by the Special Committee on Thursday morning, July 10th. The City Engineer pointed out that the contract did not specify for the width of the base stone, and thought that the building would be safe. The red brick used was much better than the Dominion City brick. The building was being put up according tc the specifications. The following resolution was then carried by the committee : That after examining the building, your committee appointed Messrs. Blackmore, Wickenden and Cameron, whose report we submit for your consideration. The committee feel that in order to avoid further diffi- culty and to insure the completion of the building in a satisfactory manner, that it is necessary to dispense with the services of either the architect or the inspector. A consid The To HiJ 37 ked separately. :e. irick, the inten- sider from the iperior. If the : local Marten jsed is inferior. le material used in I, vre read the corn- rial on the work. rder to determine compression tests, tiitect is vested by absolute power of r the contract are JLL, MORE, EN DEN, RON. :ial Committee pt specify for ling would be )ominion City specifications, je : )inted Messrs, [bmit for your further dififi- la satisfactory of either the The Reports Considered. A special meeting of the Council was held on Friday, July 11th, t6 consider the report of Messrs. Wickenden, Blackmore and Cameron. The report, which was read clause by clause, was as follows : To His Worship fhe Mayor and Council : Gentt KMEN,— The Special Committee appointed to examine the material being placed in tlvi building and report to this committee beg leave to report : 1. That after examining the 'juilding your committee appointed a committee con- sUtlrjg of Messrs. Wickenden, Blackmore, and Cameron, and the City Engineer to examine the material placed in the building, and report to the committee. Their re- port is attached herewith for your consideration. 2. The commutee feel that in order to avoid further difficulty, and to ensure the completion of the building in a satisfactory manner, it is necessary to dispense with the services either of the architects or inspector. A ielter was also read from Mr. Barber, accompanied by a long report from Mr. Wm. Murdoch, C. E., who had also inspected the material. Mr. Murdoch stated that the Ohio free stone used was the best of its kind, and referred to a number of buildings in Ottawa which were only faced with slabs of Ohio stone four feet high, three feet vade, and two and a half inches thick, on edge. These slabs are channeled so as to represent Ashlar • -ork, and have some fifty feet ot wall to sustain. This ts the bona fide veneer work, whereas in the City Hall the Berea Scone merely forms string courses, well backed and bonded by substantial brick work. In all cases where openings occur relieving arches are thrown in, ■which throws the whole weight on the solid piers. These arches are four times stronger than called for by the American authorities, being ^^ilt of four-inch wires, forming a sixteen-inch arch. In reference to the red brick which is being used for the face work, ilr. Murdoch made a careful test of them, in comparison wiih the native #hite brick, taking two ot each (fair samples of their kind) to the C. P.R. liydniulic press, under the manipulation of Mr. Robert Gilmour, master mechanic of the shops. Each brick was placed between solid plates of ifeon faced with band leather, and then the pressure applied, with the re- ||uks shown in the certificate attached, which results show that the red lirick used in the building is much stronger than the native hand-mould- tdbnck. 38 The following is the certificate from Robert Gilmour : — Winnipeg, July 9th, 1884. Canadian Pacific Railway Company. This is to certify that the first white brick put under pressure cracked at fourteen tons ; second, at twenty tons. First red brick at twenty-two tons ; second red brick at twenty-two tons. This second one would have stood more if the pressure had been continuous. (Signed) Robert GiLMOURr Witness (Signed) William Murdoch, R. D. Patterson. The , lans and specifications were then read, and the Council wrestled with the details for a brief time. Aid. Mulvey and Aid. Calloway spoke highly in favor of the architect, and the former also spoke highly of Mr. Fogg, the inspector. Aid. Mul- vey moved that the inspector report at once both to the architect and the Council whenever he saw any inferior material going into tY e build- ing, and in case any difficulty arose between the inspector and tha archi- tect, the matter was to be referred to the Market Committee in connec- tion with the chairman of the Board of Works. The motion carried. A Full Denial. On July 14th, 1884, Messrs. Barber & Barber sent the following letter to the Mayor and Aldermen : fiht to ample ij Winnipeg, July 14th, 1884. To His Worship the Mayor and the City Council. Gentlemen, — We beg to draw your attention to our letter dated the llih inst., in which we say that " we regret the unpleasant occurrences of iate, and most respect- fully beg your honorable body to institute a commission of enquiry into our profession- al practice in connection with the City Hall, or, in fact, any other building that we ever have supervised, and if you succeed in eliciting sworn testimony convicting us of dishonesty or incompetence, we will immediately end all suspicion and strife in this matter by placing our resignation in your hands at the earliest possible moment." We again respectfully but firmly desire the fullest investigation possible for the foUowinc reasons ; — That certain interested parties have circulated slanderous reports concerning our professional character, which we cannot allow to go unchecked ; and that we are entitled to the same pri/ilege that is accorded to even criminals on trial— the right of self-defence— and, with all due deference to the Council, we challenge the n On liom ]S| S- TdHis ns July 9th, 1884. icked at fourteen second red briek pressure had been r GiLMOUR, 3uncil wrestled f the architect, )r. Aid. Mul- ; architect and :ito the build- and the archi- tee in connec- on carried. )llowing letter 14th, 1884. e 11th inst., in most respect- our profession- Iding that we )nvicting us of strife in this moment." jssible for the derous reports ichecked j and lals on trial — ■ challenge the ght to l)luiit our future prospects by showing a want of cf^nfidence in us without ample proof of fraud, incompetence, or negligence on our part. Vours respectfully, BARBER & BARBER. Another Explanation. On Friday, July I8th, the following letter was read at the Council from Mr. Barber : WlNMl'EO, July 18lh, 1884. To His Worship the Mayor and City Council. Gentlemen, -We regret the necessity for troubling you with an explanatory letter concerning the new civic office building, inasmuch as we considered the resolution appointing a special arbitration committee, as final in settlement of annoying reports from Mr. Fogg, However, we have been informed that he has sent another report to the Council, (a copy of which is annexed,) in which the matters complained of are almost too trivial to notice. However, we cannot afford to let any charges connected with this contract go unchallenged, therefore, we beg to explain the complaints in coasecutive order as numbered, 1st. This matter has been explained many limes already. The architects have no power to prevent soft brick or other bad material from being delivered, and can only prevent their improper use in the work, which we have done to such an extent that we are confident that a cart load of soft brick has not found its way into the entire build- ing at this stpge. Besides the specifications do not call for all hard brick. "Mer- ch«ntal)le" is the term used, and as to not being watered, this is untrue. The con- tractor cannot save one cent by sparing the water, seeing that he has contracted with the Water Works Company for all the water he rc<]uires, and that it is much easier and cheaper to Ity l.rick when well soaked than when dry. And besides all this it is a well known fact that any brick containing alkali will turn white on the surface when drying out, after being soaked in water, which accounts for the spotted appearance of Ihe walls at present. ind. The flues are to be plastered with cemsnt when the proper time comes. A box core six feet long and one half of an inch less in size than the flues will be drop- ped down and the cement in the form of grout poured in, filling all the interstice per- fectly solid, the operation repeated until the lop is reached, leaving a flue perfectly true and smooth. 3rd. The specification with reference to cementing artificial and cat stone, meant only in cases where stone comes upon stone, or where the artificial carved panels were to be set into the solid cut rock, the artificial panels being entirely done away with llnd solid rock carved work substituted. The matter of cementing is an utter im- possibility which should be apparent to a child. How is it possible to use cement patty in artificial panels when none are going in ? And as for arches none are re 40 quired until the balconies and moulded stone corners are reached, until then remarks are premature. 4th. Thousands of small bats or half bricks are required on the reveals and returns of pilasters, and we cannot be so unreasonable as to ask the contractor to cut whole brick into small lots when he has already plenty of ihc:;i on hand. And right here we wish to remark that we defy any person to show bats where whole brick can be used, or, in other words, to show that the work can be done in any other or better manner under the specification. * 5th. The brickwork is. tied or banded every fifth course in the same manner as is done every ".'hcie. The American band is used, and we have yet to see one instance where th&y run mbie than ien courses before the bands are put in at the back ; and, furfliermore, the returns and reveals occur so frequently that we venture to sa ' the so- fff//^undersianding that is neither profitable nor pleasant to either party. We have the honor, gentlemen, to be. Your most ob't serv'ts, BARBER .^ BARBER. The Commission Again. Early in September the commission to be paid the architects again came up for discussion. At the Council, Monday, Sept. Ibt, there was considerable discussion as to whether or not the architects should be paid the $300 awarded them as first prize for preparing the competition plans. The market committee reported that the archiiLCts of the new civic offices be paid their commission of 4 per cent, on the total work done to date, and also $100 for extra plans, providing they agree that the percentage of 4 per cent, aforesaid is the full rate to be paid for prepar- ing the plans and supervising the construction of the said building, and give an unqualified receipt for the above surn, and that they also be paid the $300 awarded them as first for preparing the competition plans. Aid. Ham said he would vote against the $300 for the plans. He would rather stick to the 5 per cent, commission. It was wrong to pav the money and he for one would vote against it. Aid. Poison favored the adoption of the report for fear of litigation on the i:art of Barber. Aid. K. McDonald said that Barber should not get $100 for cxtia plans which he nad to make on account of bungling. Aid. Poison said that if it was for bungling he would vote against it. Aid. Mulvey thought that Barber should be satisfied with 4 per cent. Aid. Brown thought Barber & Barber should not be paid their prize money. Aid. Ham moved that the words after "sum " in the report he struck out, but the motion was lost. The Architects Refuse. The decision ol' the Council tc jKiy the architects 4% commission in- stead of 5% was proniptly icfiised by Messrs. Barber & Ihrber. From the very first tbi.. question of commission had been a trouble; the archi- tects claiming all along that they were entitled to rv;/, and would not take less. They wrote the followins; letter to the Council : WlNNIfKC, September Slli, 1884. To His Worship the Mayor anil Ciiy Council. Gentlemen,— We beg to acknowledge the receipt ofa copy of a resolution ndopted by the Council nt the l.ile inectini,', nnd rci^n t that the matter of our coimnission can - not be amicably ariaiiged, for the f.ilK.wing reasons, viz. : The payn>ent ordered by the Council of 4. per cent, on amount ol acUial work done is not the usual practice, and we cannot in justice to ourselves accept it. lIov\evc!;We believe that a special committee appointed by your hon.iral)le body can meet us in a fair and just settlement. Another reason for not accepting your resolution at present is that the Merchants Bank has succeeded in straining the law to such an exii-nt that they garnishee the firm's money for a i)iivate debt of one mc-mber of the linn, ((li\\n the crooked line. If ii got down it would stop there. They should have been plastered when builclini;. 1 hey were caught scamping, and the box was a lame excuse. The specifications read, " basement, ground, first and secou 1 fliors, also the obser- vatory, to be anciiored down with iron straus on every fifth jiiui. There is not one anchor on the building. If not required, then why put them in the specifications ? Other contractors tendered on all these things. The contract calls for drains to be built from the building to connect with the street sewer, and the earth to be well rammed solid around the outside of the foundation walls. About a month ago the architect, at a meeting of the market committee, said he would have the drainage attended to at once, in order to get the water out of the cellars. Nc attempt has been made to drain as yet. It is loo l)ad to see four feet of water in the basement, lying so many wx'eks, and this only shows how easy the water penetrates through the walls, and how important it is that the earth should l.e made solid on the outside. The artificial stone is a fraud, and not fit to he used or mix-''! \> ilh the Ohio or native stone, and should be condemned as in Chicago and other American cities. It will not stand the climate. See it all over the city where used in solid work. I pro- tested against the .^tone from the first. ThereispIentyofartifici.il stone in the City Hall broke in pieces before put in the work. It is not strong enough nor will it keep its color in spring and fall. I have kept to the specifications in my report. Vour obedient servant, THOMAS FOGG, Inspector. Fogg Still Dissatisfied. On Saturday afternoon, October 4, a meeting ot the Market ('ommit- tee was held in the Mayor's office to consider the City Hall material. Inspector Fogg was present, and atnong other things said that consider- able of the artificial stone had been broken before beiijg put into the building, and there was broken stone on the ground now that would be put in. Aid. Wishart was of the opinion that, considering what had been given and taken, the contract had been pretty well carried out. It was agreed to refer the Inspector's report, together with the contract, to the City Solicitor, who is to advise the Council what action to take. The Contractor Fails. On Saturday nu)rnir';r, Oct. 11, a cra^^h occurred in connection with the building of the hall, the contractor, Mr. Dewar, having notified his men the i)revions evening that, owing to financial difficulties, he could not go on with the work ('onsequently all o])erations on the building, with the excejnion of some brick pointing, which was being done by the Stone C(jni]);.ny, was stopped. The sto])page of the work caused a great deal of talk at the tinif, as it was not unexpected, it being known that Mr. Dewar wr.s in I'inancial difficulties owing to his operations of the previous year. At tiie time of the failure the following statement was made in the Times from the architect (Saturday, Oct. 11) regarding the money paid up to date on the building : "To date, $r)8,78l has been paid ; the whole price of the contract, with extras, will be nearly $95,000. This leaves about .$'{0,000 to complete the building, and I am confident that $21,000 will be sufficient, leaving a margin of $1 2,000." The secu- rities for Mr. Dewar were Messrs. W. McMillan, J. McKechnie, J. M. Ross and (i. W . (lirdlestone. The failure of Mr. Dewar was precipitated by the refusal cf the Bank of Nova Scotia to carry him any longer. On the following Monday, Oct. 13, the City Hall question was discussed at length by the Council. Previously to this being done, however, a meet- ing of the Market Committee was held, and an offer from A. Ponton to finish the work and go on with the contract was considered. Some of the members of the committee were in favor of Ponton's offer beina ac- cepted, but the difficulty arosi^ that such action would release D war's securities. At the Council meeting the following correspondence was read : — DEWAR'S DRAWOUT. I find that it is impossible fur nie to proceed further with the construction of the civic offices, and I now notify you that you may take such action as you may deem necessary in the premises. Yours, etc., R. DEWAR. PONTON'S OPTER. I hereby offer and undertake to finish and complete the City Hall building accord- ing to the plans and specifications thereof, as furnished to Robert Dewar by Messrs- Barber & ]?arl)er under his contract for the construction of the same for the amount of the balance of all the moneys that would be due and payable to Dewar had he finished the said building accorUng to the contract and I agree to furnish security for the proper completion of the work. Yours etc., A. PONTON. 45 TlIK CRKDITOUS' RKLKASK. VVf the undersijjned creditors of Koberi Dcwar haviiiu clniins and liens under llic Mechanics' Lien Act for work done and materials supplied in coniKclion with the i)uildint; heiii^i erected for civic oH'uxs in Winnipeg;, herel.y ■ xprtss lo die curpuratinn of the city of Winnipeg our deWre thai a contract be made by Au^juitus Ponton with said city for completing said l)uilding for the balance of the moneys that would be pay- able henceforth, and upon completion of the work done and to be done by the said iJe.var, under his contract or contracts therefor, and in the erection of said building ; and we agree, upon payment of such balance to the saiil Augustus J'untuu, iritspeciive of any such liens, and upon such payment we will hold the city of Winnipeg harmless from awy claim on the part of any of us for any such liens. PATTKKSON i"v: MITCHELL, MrLIIOLLAM) DKOS. J. IL HARRIS. Manager House Building n>I Portland Stone Manufacturing Company: A. Ponton, Secretary ; G. McMicUen, I'resident. THE VULCAN IRON CO. OF MANITOBA, E. H. BRYDGES, Vice-President. THE ARCHITECTS' LETTER. We have received notice from R. Dewar of his inability to proceed further with his work, and we are of the opinion— after consulting with the Ciiy Solicitor— that the Tiontract confers full and ample power on us, as architects, to act in the i)remise>,, i. c, to make such arrangements with the sub-contractors as w.;uld ensure the completion of the building within tlie precise time slated in the contract, and we art satisfied that the unpaid balance on the two contracts is amply sunicieiit to comjjiete the woik according to the speciHcations, and save the city harndess from any creditors that ni.iy now exist. However, we would respectfully urge the necessity for pr.(mi>t action, owing to the advanced stage .irl)er to go on witli the wcirk was read. Aid. llawU' said the ([uostion to be decided was in what manner the work was to proceed. Ti^e archi- tect said he had m- 1 some of the sureties a»^d creditors that morning and the sureties insisted thai if Ponton took over the contract, he should j^ive S'curily to finish the building and render them blameless. It haa been ."rranged to have Mr. Dewar act as manager -he had the run oJ the work. Aid. Hawlf asked Mr. Dewar if all the money claimed by ihc bank was spent on the City Hall. Mr. I)t:war answered that some of it was spent in other directin IS. Aid. S McDonald asked if he could not go on with the work ? Mr. Dewar answered that in that case the bank would claim the money. Aid Ham asked about ihe liens. He knew of several that were to be ])ut on that morning. The solicicor answered th.Tl they would stand until the building is finished, and the balance ap- plied to liquidate them. The solicitor said there was only.one diTficulty in the way of giving the contract to Tonton If ii < (niUl be sin.wn afterthat Ponton had made a profit out of the work, the question would ari^e, who would be enliiled to it. 'V\wy had also to consider whether a contract oonld be made with Mr. Ponton without leaving room for it to be said herrafter that the work might have been done cV.eaper. It would be necessary also to get releases from the bank, Mr. Dowar, and the sure- lies, and that would release the sureties. Aid. Ham asked who was en- tiUed to the estimate for the work done during the past three weeks. The architect answered that it vrould be paid to tl;e sub-contractor who did the work. Aid S. McDonald moved that, in the opinion of this committee, the architect shoidd proceed at once with the completion of the building and as far as practicable allow the sub-contractors to carry out their engage- ments with Mr. Dewar. — Carried. Aid. Ham contended that something was wrong. Mr. Fogg told him that the work had been going the same as usual during the past three 48 weeks, and the architect said there was nothing to estimate upon. He wanted this matter investigated. Mr. Fogg said that just as much work had been done during the past three \veeks as before, and a lot of ma- terial had been delivered. Its value would certainly be more than $1000- Mr. Haggart, solicitor of the bank, addressed the committee, stating its claim. He contended that the estimates given l)y the architect had been unr liable. He said that it was under consideration whether or not the agency of the bank will be withdrawn in consequence. Mr. Stevens said there was something that was not straight in the matter, and he wanted an investigation. He said Mr. Devvar had been forced into the matter, and was not to blame. Three wet?ks ago he was solvent, and in that time they had been swindled out of $10,000. H^ wanted to be allowed to put on an architect to value the work. Mr. Killam, who rep- resented the sureties, said the difficulty arose from the bank requiring ;he sureties to sign a note to cover the draft. On I), var ai)plying to them for this they mi.de an enquiry in^o his a.-.'airs, and they came to the opinion that he had received more than eighty-five per cent, of the value of the work done. It was then suggested to the bank to allow the wcrk to go ahead, thev to stand back and take their money out of the balance when the building is completed. He said the sureties had the same rights as the city, and if any money was paid out by the Council, it would be at its own risk. Mr. Stevens was given permission to put on an architect to ascertain if over estimates had been given. A sub committee was ai)pointed to superintend the matter. The sub-committee consisted of the Mayor, Aldermen Brown, Poison and b. ^TcDonald. Mr. Barber, the architect, tried to get the sub-con- tractors to come to such terms as might be mutually beneficial to them, but failed, owing to the existence of jealousies between them ; therefore he convened a meeting of the sub-committee and recommended adver- tising for tenders. This recommendation was adojjted and the architects were authorized to advertise for tenders, which they did, the time for re- ceiving them being the 17th of October. The New Tenders. On the morning of Friday, October 17th, a meeting of the Market Committee was held to consider the new tenders, those present being the Mayor, Aldermen Ham, Bawlf, Carruthers, Po!?!on and S. McDona'd. 49 Only two tenders for fully completing the building were put in, viz. : W. Brvdon, $29,815 ; and A. Ponton, for the Stone Co., $28,950. Aid. Ham enquired how much money there was still on hand to build the hall with, and was told by the architect that there was between $36,000 and $37,000, and that if the contract was taken at Ponton's figures there would be about $8,000 to the good when the building was completed, thus disproving the statement that the building could not be completed for the contract price. The Mayor moved that the tender of Ponton be accepted. The question of sureties was discussed, Mr. Ponton submit- ting the names of Mr. Sedley Blanchard and Hon. Gilbert McMicken. The names of these gentlemen were objected to on the ground of their being members of the Stone Company, but there was no objection to them individually. The name of Benjamin Morton, of Toronto, was also submitted. The Mayor's motion was then put and carried, and Ponton's contract accepted, he tendering for the Stone Company. A Clause in the Contract. In the contract made by the City with Ponton, tiiere is a clause which it will be well to mention here. By the contract Ponton was bound to complete all Dewar's contracts for $28,950, binding themselves to do the work to the satisfaction of the architects, Messrs. Barber &: Barber, but the contract made no provision, in case the architect was removed, or for the appointment of others in their stead. Consequently, according to the awarding of the contract Ponton was only bound to satisfy Messrs. Barber & Barber, and in the case of their dismissal was not bound to sati<^fy any other architect. The Commission Once More. At the Council meeting held Monday, Oct. 20, Messrs. Barber -c Bar- ber again presented their claim for commission, half of which they claim- ed they were entitled to a year ago. They also asked for the balance due them on the Police Station, amounting to $531.17. Aid. McDonald said that the commission had been garnisheed ; when that was removed the Council would pay it. Again on Oct. 27 Messrs. Barber & Barber pressed for a settlement of their commission, sending the following letter to the Council : — Winnipeg, Oct. 27ih, 1884. To His Worship the Mayor and the City Ctuncil. Gentlemen,— We have repeatedly requested your honorable body to settle the 50 balance of our commissior on the Police Station, amounting to $531.17, and to vote a certain amount of the commission long past due on the new Givic Offices, without prejudice to either parly. Therefore we respectfully beg to say that unless our request is granted forthwith we will enter suit for the recovery of our just dues, with interest at the same rate as you charge on our overdue taxes. We have the honor, gentlemen, to be. Very respectfully yours, BARBER & BARBER. Why Dewar Failed. On Friday, October 31, Mr. Dewar, the contractor, appeared before the Market Committee and made some startling statements. He said that he had put in solid walls instead of hollow ones, as provided for by the original specifications ; that before the contract had been a week old the native stone was changed to Ohio. He had asked Mr. Barber to give him a written order for the change, but he refused, saying that it would cause a ruction in the Council. The extra cost of this was $1500. Red wing brick had been used instead of the native pressed, as provided by the specifications, and this had been done on instructions from the architect. The extra cost on this item was $1000. Another extra was the strapping and lathing of the interior, the specifications providing that the lathing had to be done on the walls. By moving the building back 16 feet, two flight of steps were necessary to the King street entrance instead of one. He wanted to know where Pontons contract com- menced, and said that firm was squeezing down the sub-contractors who had supplied material, and if a balance was left at the completion of the builc'ing, they would put on a lien to the advantage' of the creditors. The following conversation then occurred : — Aid. McCreary — It is said, Mr. Dewar, that you never were the con- tractor of thf; building, but that the Stone Company worked the matter through your name. Mr. Dewar— There is no truth in that. Aid. Mc- Creary —Did you think at first that the building could be completed for $80,000 ? Mr. Dewar said his estimate o' he cost of the work had been more than $80,000. Aid. Brown — How were you to get the difference ? Mr. Dewar — I was to have been eased in many things, and especially in the furnishing. There are many ways of doing it. Aid. Brown — Gal- vanized iron for sheet lead, for instance. Aid. McCreary — You say you were to have been eased down by the architect. Mr. Dewar — Yes. 51 $5,000 of extras were put on the contract, and he agreed to ease me down. Mr. Barber here interposed, and denied the easing down as stat. ed, but said there were many extras that Mr. Dewar would be entitled to in equity, but not legally. Mr. Dewar — Well, you said you would entitle me to them. Mr. Barber replied that he had always had confidence that the Council would do right when the building was finished. Mr. Dewar — Well, you put me in a box and can't get me out of it. Aid. McCreary pointed out that if the original contract should cost more than $80,000, Barber could not claim com- mission, and asked Mr. Dewar if Barber made any arrangement to in- demnify him if he put in a low tender ? Mr. Dewar — Yes ; he said he would throw in his commission, and I defy him to deny it. Mr. Barber admitted this, but on certain conditions known to Dewar. He said that he had a $500 cheque on deposit and at stake at the time and sooner than lose that he would have lost the whole commission. There was great danger of his losing it as he had friends in the Council who were looking after it. He told ex-Ald. Montgomery, the chairman of the committee at the time, that he would sooner lose his whole com- mission, and if he choose to throw $5,000 into a building ot the city it was no one's business but his own. Aid. McCreary asked Mr. Dewar about the Ponton tender. Mr. Dewar replied that there was something very strange about it. Aid. Brown — You mean to say then that Ponton saw your tender ? Mr. Dewar— I know nothing about that. It has a strange look. Aid. McCreary asked Mr. Dewar who the sub contractors were who raised the disturbance and refused to go on with the work. Mr. Dewar replied that the Stone Company was the big one and all the others agreed to go on. Aid. McCreary— What was their reason for doing so? Mr. Dewar— Because they wanted to get everything. There was $9,000 of their contract to be filled for which they wanted to get $15,000. It was decided that the city could not entertain the claim for extras until the building is completed and the amount unexpended ascertained. Mr. Barber's Reply. In reply to these accusations of Mr. Dewar, Mr. Barber sent the following letter to the Council :-— i:^l.K: 52 Winnipeg, Novembev 3rd, 1834. To His Worship the Mayor and the City Council. Gentlemkn,— I beg to call the attention of your honorable body to the shameful manner in which the report of the Market Committee meeting of Friday last was gar- bled in the Free Press, and how much important information was suppressed in the Times report. For instance, the plumbers are reported to have sent a delegation, a nd Mr. RobeU Muir, of the American Plumbing Co., is represented as spokesman ; while the facts are that every plumber and steam-fitter present, except the representative of the American Plumbing Co., were tendering upon the work, and expressed no objec- tions to the specifications. The papers do not credit me with answering Mr. Muir's objections as follows : 1st — That it is usual in all city contracts to make the architect or engineer in charge sole judge. 2nd —That all contracts provide for omissions, as BO man is supposed to be infallible. 3rd — That the guarantee is required to make the contr.ictor to take an interest in getting the work well and carefully executed. 4th — With reference to the superficial feei of radiator, we are responsible, and decline to alter this in deference to figures quoted, based on authorities in warm climates ; be- sides, I demonstrated Mr. Muir's error of 80,000 feet in the Council Chamber alone. 5th — As to the heating, I explamed the necessity for heating the building at the earliest possible moment, and the legal difficulty in holding the steam-fitter to his con- tract if any other party were allowed to use the heating apparatus before the steam- fitting was complete and accepted by the City. However, this is a question for your honorable body to consider, and no doubt the City Solicitor will devise some means to obviate difficulties that may arise. 6lh — As to the matter of limitation of fuel, the intention is not to expect miracles from Mr. Muir or any one else, but is simply a safe- guard against reckless waste of fuel, ensuring greater care in the matter, constructing firebox and grates with a view to minimize the consumption of fuel. I also wish to draw the attention of your honorable body t^) the reports if the exam- ination of Mr. Dewar, under the .sensational headings, " Why Dewar Failed ;" " Re- vealed at Last," etc., ere, asserting that the architect sa idled him with $5,000 worth of extra work, and agreed to stand in and ease him ofif on other work, and finally does not keep his word. Now, gentlemen, those aldermen who were present will remember that I protested against the consideration of extras at this time as altogether irregular, saying that this matter would be disposed of at the final settlement of the contract ; besides, the al- leged extras were largely matters in dispute between Mr. Dewar and the Stone Com- pany, and should not be discussed without the latter being present to reply to Mr. Dewar's claims ; and furthermore, the reports are not correct in many instances. Mr. Dewar is made to tell a portion of the truth, but not the whole truth, by saying that before the contract was a week old the native stone had been changed to Ohio, and that he (Dewar) asked Barber to give him the change in writing. Some of you, gen- tlemen, will perhaps remember this matter being discussed last winter in Committee, and that I made a statement which I now repeat, viz., that some parties wl^ile figuring on the plans to tender for the work, proposed to put in Ohio stone at the same rate as they would put in native stone, and were told by us to put in the Ohio stone by all means, as in our opinion it was far better, and no reasonable man could object so long 53 as we got belter work done. Siill this change was made, at the risk of the Stone Li>. without hope for extra payment. Therefore this is a matter between Mr. Dewar and the Stone Co., the latter asserting that they are the losers. Ir; fact the Stone Co. no later than this date assure me that they are in possession of evidence to show that they are tht losers in every item that Mr. Dewar claims, excepting the strapping of the walls. However, I have freely admitted that the contractor is in equity entitled to payment for extra cost of brick and strapping the walls. Knowing at the same time that this matter would require a settlement between him and the Stone Co., so I can- not see how either the Council or myself can mtiddle with matters that are entirely priv.\te between Mr. Dewar and the Stone Co. * There is another clause in the newspaper report in which Mr. Dewar is either incor* rectly repoited, or I have misunderstood his meaning, viz., he is mad«* to say " I was to have been eased in many things, especially the furnishing ;" meaning, as I under- stood, that he would gel the furniture to put in, amounting to $10,000 or $12,000, and that his profit on this would help him out on the job. I know this matter was discussed at the time, and we could foresee the amount required for heating, plumbing and counters, etc., and that if Mr. Dewar gave satisfaction in the execution of his contract, we would feel disposed to recommend giving him the preference on the furniture; and in this way, if he should sustain a loss, he could recoup to a certain extent honorably. This, at least, is what I understood Mr. Dewar to mea-i, and I defy either Mr. Dewar or any other person to say that I have ever intended or uttered anything that could be construed into becoming a party to fraud, either ia this matter or any other. And finally, in the matter of throwing our commis-ion to the winds by throwing it into this building, I admit the crime, if it is a crime to throw away one's earnings for the sake of glnry ; but do you think there was no condition attached to the proposi- liun? I can tell you there was, and so can Mr. Dewar if he tells the whole trutli. To pnt in the very words used at the lime, I repeat, " Mr. Dewar, if you can show by ynui books and accounts that you havt; lost money honorably on this J(j1) at the wind- up, we will throw in the whole ot our commissiun, if necessary, to make up your loss.'" He told me then that he vrculd not think of accepting it, but since his failure he up- braided me with having gotten him into a box by offering to throw in our commission, and said we would not do what I agreed to. I then and there challenged him to place his books in my hands for examination, and oflered to make good every dollar he had honestly lost in the City Hall, unless it was through mismanagement or want (^f sufficient funds to carry on the work. He declined to accept my offer on those terms. Therefore we want it distinctly understood that, although this is a matter of our own business entirely, whether we sacrifice our commissions, yet Mr. Dewar re- fuses to allow us to satisfy ourselves as to whether he honestly lost money before we throw onr earnings to the winds. I am sorry for being compelled to trouble you with long letters refuting matters arising out of what is purely and simply breach of confidence on Mr. Dewar's part, and we trust that in future he will tell the whole truth. Yours very respecttully, C. A. BARBER. 64 The Architect Suspended. At the Council meeting held Wednesday, November oth, it was de- cided to investigate the troubles between the architect find the contrac- tor. At that meeting letters were read from Messrs. Fonton and Barber. The former gentleman questioned the veracity of many of Mr. Dewar's statements. He charged Mr. Dewar with making out false pay .sheets, and said thai in the very pay sheet he was then asking the Council to pass he had put down the name of a man named McBain for $5 a day while he was only naying him $3.50. Mr. Ponton also said that Mr. Dewar had practiced a lot of other frauds. He said that he had not paid for the extra cost of the Red Wing brick, Ohio stone and tuck pointing, but that the Stone Company was the loser. He very much (juestioned if the $7,000 claimed by the Bank of Nova Scotia had gone into the building. Mr. Barber also went into the case very minutely, and said that if Dewar had allowed him to inspect his books that he (Barber) would have helped him out. After a long discussion the Council expressed the opinion that a swindle had been perpetrated somewhere, but where it was hard to locate. The result was that it was decided to suspend the architect for one week pending an investigation by the Market Committee. The Investigation. The investigation by the Market Committee was commenced Friday, November 7th. The trouble seemed to be a difference of opinion be- tween the architect and inspector. The former gave an estimate in favor of Ponton \- Co. for $0,299.50, while Mr. Fogg stated that Ponton »S: Co. were only entitled to $5,295.45, and that consequently, Barber's estimate was untrue. Another question in dispute was the wages paid to the men, Fogg asserting that Penton falsified the pay sheets. Ac- cording to Fogg only $979.25 had been paid, while $1,300 was allowed on the architect's estimates. Mr. Ponton, who was present at the in- veslijation, gave Fogg's statements an unqualified denial, and offered then and there to make an affidavit that the architect's estimate was ccrrect. Fogg said that the lumber delivered was only worth $50, while he could produce bills from the Winnipeg Lumber Company showing it to be worth $200. There were $1,400 worth of galvanized ornaments from Salem, Ohio, on the building which Fogg had never seen. At this stage Mr. Fogg said he believed there was some stuff in a locked room 56 which he could not get at. Mr. Ponton said that Fogg could get into the room if he wanted to do so, but the truth of the matter was that he never pu» in an apijearance at the building until 9 o'clock a. m., and that he had never bei n on the root of the building since it was finished. At this stage Mr. Hagel, barrister, who appeared for Messrs. Barber A: Bar- ber, desired to have the inspector put on his oath, he (Hagel) at the same time offering to produce affidavits from competent judges that the architect's estimate was correct. To this Mr. Fogg answered that he was ready to be sworn. Aid. Carruthers then suggested paying Fogg's estimate and examining the value of the material delivered afterwards. Hon. Gilbert McMicken, of the Stone Company, said his comj^any re- fused to prrept Fogg's estimate. It could be proved by atifidavit that they tiua given good value for every dollar in the estimate. The Com- pany wanted no favors, only to get its own. Aid. Brown then suggested paying the company $4,000, but Hon. Mj. McMicken refused to take a cent less than provided for in the architect's estimate. Their integrity was affectid and they would not compromise. Mr. Hagel said the committee could pa^s no estimate until the facts were ascertained. 'I'he honesty and truthfulness of Mr. Barber were at stake. He wanted to have Mr. Fogg's declaration to the effect that his estimate was correct and he would put him where he ought to be. Aid. Carruthers proposed appointing an architect to look after the matter. Mr, Hagel said the Council had better look out if it did so, as it would be casiitig an impu- tation on Mr. Barber. It was finally decided to meet at the City Hall on Saturday, November fcSth, and inspect the material. At 10:30 the committee met, when Mr. Hagel produced declarations made by Messrs. A. Barker, J. C. Richardson, A. McBain, R. J. Barber, W. E. Barber, A. Ponton and C. A. Barber, to the effect that Baiber's estimate for material and time was correct. Mr. Hagel then demanded that Messrs. Fogg and Dcwar, who have made statements to tiie con- trary should also be put on oath. Tne committee decided to ask them to make declarations, and Mr. Wheeler, the architect, was instructed to examine the material and report to the Council. Fogg Proved Wrong. Mr. Wheeler, architect, who had been authorized to inspect the material by the Council and report, did so on Monday, November 10th. He reported as follows : — 56 lie measured the galvanized iron, piece by piece and found the prices in Barber's estimate fair and just. The discrepancy between the esti- mates of Barber and Fogg for wages is explained by the fact that Fogg's only extends from the IHth to the 30th of October, making up the $300 difference for the four or five days' additional work. He says Fogg is wrong concernmg the 27 barrels of plaster and also the lumber. He puts the former at $121 and the lumber at $64, while A. Ramsay cer- tifies to having delivered 4<^ barrels of plaster, and the Winnipeg Lumber (.0. to $102.51 woith of 'umber delivered. The inspector is not far out in his wages account on galvanized work, Ponton's account is $175 while Fogg's is $182. Fogg's estimate of the cjur'tty and price of rubble stone wall is $105. Barber's estimate $155, while his estimate from actual measurement was $1"0. Regarding the galvanized iron work he says he has the sworn evidence of the foreman. Barber, and the work- men, Plaxton and Birbeck, together with his own measurement, which establishes the fact that the work was executed durintr the time in ques- tion. With regard to the artificial stone he assumes that Fogg's report of 16 loads as correct, but the rude and primitive mode of measurement adopted by him is, he says, very unsatisfactory, and in fact one might as well fill a cart with jewelry and charge so much a load. He says the evidence in support of the architect's estimate is very strong and positive, and is to a certain extent corroborated by his own estimate of the work, although he does not take such an inflated view of the cost of artificial stone as the architect appears to have done. The opposmg evidence 's weak. Mr Dewar cannot positively swear to anything, and Mr. Fogg is about the same. On the evidence adduced and practically tested by him, Mr. Wheeler finds that there is due to Ponton & Co., to October 30th, 1884, the sum of $4,811 He says that the whole of the discrep- ancies have arisen in a great measure from the fact that Ponton & Co. assumed work on the architect's orders fuur or five days before Fogg, the inspector, covnmeneed to check the materials or time. During his examination by Mr. Wheeler, Mr. Fogg told that gentle- man that he had not seen the pressed ironwork in question on the pre- mises before Ponton & Co. took possession, although Dewar told him there was some in stock at Point Douglas. He said that a portion of the stone steps and newels for the front entrance were on the ground when Dewar gave up the contract, and a quantity had been delivered since Ponton took hold of the work. On being questioned, Mr. Dewar 67 d the prices ;n the esti- that Fogg's p the $300 ys Fogg is mber. He amsay cer- )eg Lumber not far out It is $175 :e of rubble imate from n work he the work- ent, which \e in ques- igg's report jasurement le might as e says the id positive, the work, f artificial idence 's r. Fogg is tested by October |e discrep- n & Co. re Fogg, It gentle- Ithe pre- )1d him )rtion of ground lelivered Dewar said that he could not state positively as to the correctness of Fogg's estimate. He also said that four-fifths of the galvanized iron was in stock at Point Douglas when he failed, and thar. four-fifths of the stone steps were delivered. The Bank Heard From. At this stage of the meeting a letter was read from Ross, Killam & Haggart on behalf of the Bank of Nova Scotia, asking that no estimate be passed. The letter went on to state that Mr. Stevens, the manager of the bank, and Mr. Haggart were then in St. Paul, where they had ob- tained very important information in regard to the contract, and that the information would materially affect the aspect of affairs. Another letter was read from the same firm stating that the greater part of the $4,500 estimate in favor of Ponton & Co., was for work done by Dewar, and that it belonged to his creditors, and notifying the city not to pay it over. The question of paying the estimate of the Stone Company was con- sidered by the Council. Aid. McCreary said that the solicitors for the bank had a good case, and he wanted to know the city solicitor's opinion on the matter. Aid. K. .N. L. McDonald thought that the Stone Company was entitled to its money and if any persons had claims against it, they should have filed it. Aid. Carruthers said there was no doubt about Ponton having earned the money, and he asked the solicitor if the Council would be justified in retaining the money on account of the letters received. The solicitor said the Council need not be deterrec' on account of the letters received, as lawyers generally wrote those kind of letters. He thought that Ponton's estimate should be paid, and did aot think the letters received were of sufficient importance to affect any decision of the Council. He failed to see what position the Bank of Nova bcotia took anyway. Aid. McCreary asked that if it turned out that there had been collusion and fraud between the contractor and architect, whether the Council would not be to blame for acting hastily after having re- ceived warning ? The solicitor answered that the Council had nothing to do with matters between the contractor and architect. Ponton & Co. had a contract, and if they had earned certain moneys they were en- titled to them, and if not paid could recover them. He had said, last 6$ meeting, that if false estimates had been given no punishnr.'iJt t-^uld be loo severe, but the evidence did rot prove this. Mr, Ro?^s, on behalf of the Bank of Nova Scotia, then addressed the Council and asked that the estimates be not paid as they had some very valuable information which they would be piepared to give in a couple of days. It was not hearsay but in the shape of affidavits. Aid. Mulvey asked the nature of the evidence. Mr. Ross said that he was not at liberty to say any more than it would complete the chain rf evidence showing great frauds. Aid. Wilson complamed that the committee had not irade full investigation with the matter as instructod. They were not told whether the material in question had been estimated on before or not as has been stated. Aid. Brown replied that Mr. Dewar had never made such a suggestion. He contended that it had bten shown that the estimate had been duly earned. Mr. N. F. Hagel addressed the Council. He said no specific statement had been made, and nothing more had been produced than a shadowy statement that they had some new information. The most Mi. Rois' statement amounted to was thai there was something wrong between Dewar a.id Baroer, but with that I'onton had nothing to do, who had his own contract and had earned the money, as Mr. Wheeler's investigation piovcd. After a great deal more discussing, it was decided to leave the matter over, and to call a special meeting of the Council for the following Wed- nesday, when Mr. Stevens would submit his evidence, which it was said had been obtained from the absconding late City Solicitor, E. M. Wood. Mr. Stevens Removed. On the Wednesday Mr. James H. Forgan, Inspector of the Bank of Nova Scotia, arrived in the city with the intelligence that Mr. Stevens, Manager of the Winnipeg Branch of the Bank, had been removed, and Mr. H. C. McLeod appointed in his place. Messrs. Haggart and Stevens returned from St. Paul the .ame evening. A reporter saw Mr. Haggart and endeavored to obtain some information from him as to the success of the mission, Mr. Kaggart said that they had seen the late City Solicitc ; Wood, and had obtamed some informa- tion from him, but whether it was of importance or not he wa? not pre- parf^d to say. He refused ^o divulge any particulars, saying ihe matter would be submitted to tne Council that night. 69 Another Mare's Nest. On Thursday afterncion, November 13th, a special meeting of the Conncil was held to hear the important information promised by the solicitors of the Bank of Nova Scotia. A profound sensation was ex- pected, and it was hinted that Barber k Barber and Ponton and a great many others would be arrested and sent straight to gaol without benerit of clergy, judge or jury. But the information turned out to be a huge fizzle, as the following letter from the inspector of the Bank, Mr. James B. Forgan, proved : To ihe Mayor and Council of the City of Winnipeg. Genti.kmkn,— Having noticed in the public press that certain information has been promised the City Council by oi on behalf of our late agent, in regard ro the City Hall contract, I beg to inform you that, having read the affidavit of Mr. E. M. Wood, late city solicitor, I do not consider the informition it contains of sufficient importance to occupy the lime of the Council. Your obedient servant, JAS. B. FORGAN, Inspector. In consequence of this letter Aldermen Brown and Wilson moved that the estimate given by the architect in favor of Ponton & Co. be imme- diately paid. Aid. Brown was of opinion that the Bank had treated the Council very shabbily, and that no more notice of it be taken. Aid. Carruthers thought the affidavit might be of inteiest to the Council, as t would probably throw light on other matters if not on Ponton's estimate, and he moved that Mr. Forgan be asked to hand it over to the Council. This motion and also that of Aldermen Brown and Wilson carried. Important Resolutions At the same meeting the two following resolutions were moved and carried : — By Aids. Wilson and McCreary— " That in future a detailed statement be forwarded with each estimate given by the architect on account of the civic offices contract, in order that the Conncil may have the fullest information, and thereby enabl« the inspector to report on the correctness of the same." Also by Aids. Carruthers and Poison— "That in future the architect^ 60 on presenting an estimate in connection with the new civic offices, also ccriifics in writing that the men were ail paid up on the last regular pay day." Mr. Wheeler's Report. While all this liitic by-play of the Bank's was going on Mr. Wheeler, arcliitcct, who had been engaged by the city as examining architect, had been busily at work. On Tuesday night, November i8th, he presented the following report : — I commence -and bearing in mind the old saying, "we are none of us infallible "—I was prepared to overlook minor faults and trivial de- tails, but I confess I began to get startled after reading the fourth clause in the specifications. Here it is—" should any deficiency exist in either the drawings or specifications of any portion ot the work herein described the a.chiiects above named will supply such deficiency, and the contrac tor will be bound to execute their orders as part of the contract." I have no hesitation in reporting to you that no architect who values his own reputation would have inserted such a clause as the above. The plain meaning is that the contractor is to pay heavily for the archi- tect's blunders, eventually ending in the city's having to bear the whole cost. Specifications for such special wo'k as steam-fitting and plumbing should be full and complete, describing nearly every article to be used. One can only show ^he position of the various works upon plans depend- ing in a great measure upon a close description. Clause five is of the vaguest possible character. No mention whatever is made of heating surface to each horse power, or number, sizes or length of tubes ; even the diameter of boilers is not provided for. The brick work and setting of same is of a very important character, and yet it is barely mentioned. There is nothing said aU)ut the bolts, stays, lugs, plates, domes, manholes, water service to boilers, fire boxes, — all is left to the imagination, and the most important item of all, that of testing the boilers and steam-fittings, is entirely omitted. I report to you that this clause No. f) is defective in every essential particular, and unscrupu- lous persons, if not closely watched, would take every advantage of the loopholes presented. <1 Passing over for the present the intervening clauses, I come to the 13th, and I wish the committee to read this carefully : — " Provide and set 'Bundy' cast iron radiators throughout, each to contain the heating surface as marked upon plans." Now the lUindy is a good American radiator : I have nothing to say against it ; but we have some equally as good made in Canada, and cheaper by the cost of freight and duty. With regard to the capacity of heating surface, I beg to report to you that a very great blunder has been committed. I add up the figures as marked upon th« plans and find 11,309 square feet of radiating surface as the result. It is astounding; 34,107 lineal feet of piping -enough to go entirely around the new civic offices ninety-five times, and form a shot-proof casing or bulwark, seven feet eleven inches high, to protect the aldermen of the city in case of a tumult or riot at any future period. To supply all this heating surface you have but two 30 horse-power boilers where nearly three are required, and instead ot a six inch main supply as provided, you would require a pipe with a bore of marly double the size than the one specified. The inference to be drawn /rom the facts I leave the committee to supply. On exhibit A is shown the exact air measurement in cubic feet of every room in the bu Iding, >\ith the railiating surfaces required for i -rrh, cal- culated upon a most liberal basis. The wing, side by side C. A. Harber's figures as marked upon plans, I find there is a difference and a saving in cost in favor of the city of 6,314 feet of heating surface, costing $3,030. I think that the members cf the committee will agree with me that these things should not be. A further saving in fittings, etc., by a less number of radiator at $300. Passing on to the 1 8th clause, I beg to recommend the omission of the words 40" below zero, and the inser- tion instead of " during three months of a Manitoba winter," omitting the coal business at the end of the clause. Clause 19 should be entirely omitted. Ponton &Co. ought to supply their own heating. The materials and fuel would cost the city at least $500, and the contractors of the City Hall would reap all the benefit, thus saving another $500. In the plumbing department no provision whatever'is made for drains 62 from soil pipes to sewers ; these should be separate and distinct from any other drain, one to each pipe The wastes from sinks, baths, basins and lavatories can be turned into the same sewer that drains basement Neither is there sufficient description of work to baths, -losets, e^c. Summing up, I find clauses 5 and 13 require the most serious con sideration of the committee, and I leave the same in your hands without further comment. According to your instrucMons I have prepared plans and specifications adapted to the alterations made, and submit them herewith. I have received valuable assistance during mv investigation from niany of our leading steam-fitiers and mechanics, and I speak advisedly when I say that the statements herein made can, in case of need, be strongly corroborated. In view of this report, Aid. McCieary gave notice of motion to dis^ miss Messrs. Barber & Barber. A Supplementary Report. On Saturday afternoon, Nov. 23rd, Mr. Wheeler submitted the fol' lowing supplementary report to the Market Committee : — " I have the honor of laying before you a supplementary report concerning the plumbing for the new civic office.«. " In Ponton & Go's specifications prepared by Barber & Barber, is the following J 'Line tanks with heavy sheet lead well seasoned and soldered.' In the plumbing specification (a different contract) I find as follows ; 'Line tanks provided by car- penter with 4 lb, lead properly anchored on jides and ends and all seams properly wiped.' *' I have no hesitation in ' ,ain reporting to you that a very great blunder has been committed by C. A. Barber, whereby another few hundred dollars will be lost to the city. It is self evident that lining the four tanks in towers is to be executed by Ponton k Co., or whomsoever the contractors are for the civic offices and to specify the same work on two contracts is just what the committee my choose to give a name to." Mr. Barber dropped into the room while the report was being read, and promised to reply to all Mr. Wheeler's charges at the next meeting of the Council. In regard to the statement made by Mr. Wheeler in his report that he had " prepared plans and specifications according to instructions of the committee, adapted to ;he alteration! made," and and 63 which he submitted. Mr. Barber said that was false, and if the com- mittee would refer to their minute it would show that no such instruc- tions had been given to Mr. Wheeler. Mr, Wheeler had not been in the first instance instructed to examine the plans and specifications or report upon them, but it had simply been mentioned in the committee previously held by Aid. Carruthers, that he should like to have Wheeler do so. Mr. Barber, thinking that Wheeler was a gentleman who would give a fair, unbiased report, voluntarily placed the plans and specifica- tions in his hands, and asked him to examine them and report. On Wednesday night, Nov. 26th, Mr. Barber replied to Mr. Wheeler in the following letter to the Council : Winnipeg, November '24th, 1884, To His Worship the Mayor and the City Council. Gentlemen,— In reply to Mr, Chas. M. Wheeler's report upon our plans and specificatiuns for the heating and plumbing arrangements of the new Civic Offices, I beg to draw your attention to the absurdity and even falsity of many of the statements made by that individual at the insligalion of certain parties who are interested in palm- ing off inferior material for this work. Mr. Wheeler commences by assuring us that he does not consider himself as an infallible authority, still he "has no hesitation" in giving gratuitous instructions to your honorable body and ourselves, and asserting "stern facts," etc.. etc., and using slanderous inuendccs for clap-trap purposes ; until one so simple minded as myself imagines that he sets himselt up as an infa!lil)ie authority and autocrat combincil. Of this, gentlemen, I do not complain, but must confess my astonishment at hi.-, foolhardi- ness (if I may be permitted to use the expression) that he should have placed himself (or rather allowed others to place him) in such a ridiculous position as to make such a string of foolish and false statements for the amusement of any person who may be conversant with the subject. I do not intend making statements that cannot be sub- stantiated beyond doubt to the entire satisfaction of competent judges, of which I will say more later on. Before commencing, I wish you would try and remember my re- plies to Mr. Muir's objections at the committee meeting held on the 31st of October, and repeated in a letter dated November 3rd. If you remember Mr. Muir's objec- tions you will notice a "striking coincidence,"— that Mr. Wheeler should make the same abjections in the same vindictive spirit. Now why is this thusly? It must be either through interested friendship or spontaneous desire on the part of those gentle- men to expose fraud and defend the truth. That the latter is not the cise I shall convince you,; and that the former might be, you have only to remember the disgrace- ful confession that Mr. Muir made by admitting that he had attempted to corrupt me, and failed, and is consequently an enemy. You may draw your own inference from this fact, and strive to find out why Mr. Wheeler is on such friendly and confidential terms with " many of our leading steam-fitters." I should not have noticed this very striking coincidence had it not been necessary to 64 repeat much matter that was embraced in my letter of the 3rd inst. What Mr. Muir objected to, and what Mr. Wheeler now repeals, in the matter of giving the architect power to supply deficiencies that may exist in either the plans or specifica- tions, I replied to Mr. Muir as I new repeat to Mr. VVheeler, that "all contracts pro- vide for omissions," and never in my experience have seen one either in public or pri- vate work that did .Jot do so in some form ; and furthermore, I can produce specifica- tions vvritten by bet'er men than either Mr. Wheeler or myself corroborating this fact, and I hereby challenge Mr. Wheeler to produce a few of his old specifications to show that he values his reputation so highly as to debar his right to supply trivial omissions that might creep in with a man who admits himself imperlcct. Clause 5, says the eminent authority, is of the vaguest possible character, etc., etc. Mr. Muir also tackled this clause, until I replied as I do row to Mr. Wheeler, tha^ the Doty boiler, which is shown on a cut with full and proper specifications as to dimensions, quantity of material, tubes, bolts, stays, testing, etc, ; and I can produce declarations from at least four creditable contractors showing that we instructed them to figure on the Doty boiler if they pleased, but that any other boiler equally as good would be acceptable. What would you say ot a man who wanted to purchase a certain well bred horse, well known to dealers, as to quality, size and value, if he should write a minute descriptive specification of the horse, to wit, thai he must have four legs, one head complete with eyes, mouth, nostrils and ears, and that his mane and tail should be made of horse hair, and that he should be well ribbed, braced, stayed, and tested, and that his bowels should be of certain dimensions, etc., etc. That man would occupy much the same position in your opinion that Mr. Wheeler does in this matter of the boilers. Mr. Wheeler stumbles upon the same difficulty about radiators as his friend, Mr, Muir, did. "The Bundy," although admitted to be good, is thrown aside because, he says, " we have some equally as good made in Canada." This I most emphatically deny. The points of excellence in the Bundy radiators are that the loops are large and made of cast iron, and screw into the base. Now there are no radiators made of cast iron in Canada, to my knowledge, nor are there any others made in the United States that screw into the base. On the other hand, without admitting that there are any radiators ts good as the Bundy in existence, I am willing to concede second place to radiators that are made in Canada, and if your honorah»le body is willing to take the responsibility of ordering inftfriur radiators, you can do so; but I sincerely trust that you will extend the same confidence to the future that you have exercised in the past, and let us remain "sole judges" of all materials, etc. With regard to Mr. Wheeler's assurance about our "very great blunder" in the matter of heating surface, I am prepared to admit that a very great blunder has been committed by Mr. Wheeler, when he committed himself to this clause in his report. You rememlKjr the statement I made to Mr. Muir about basing our calculations for the healing surface of the radiators on three and one half feet surface for loop, and thai if he would lake the aggregate number of feet marked on the plans, and divide by 3;^ he could ascertain the total numV)€r of loops required, and by multiplying the cost per loop would arrive at the total value. I also stated that, although the loop^ were listed in the circular at 8>^ feet surface, they would not actually measure more than three feel, thereby reducing the aggregate number of feet showD on the plans one-^e,eIUh; this statement can be corroborated by at least four practical mechanics who What Mr. giving the ir specifica- ntracts pro- iiblic or pri- ;e specifica- [ig this fact, ons to show \\ omissions 5, says the r. Muir also Doty boiler, ns, quantity ions from at on the Doty acceptable. horse, well ; descriptive mplete with ie of horse and that his )y much the boilers. friend, Mr. de because, mphatically is are large irs made of the United it there are econd place ng to take cerely trust ised in the lei " in the T has been his report. Illations for • loop, and and divide iplying the 1 the loopp asure more the plans :hanic9 who 65 figured for the job. Well, then, for argument sake, I assume Mr. Wheeler is com- petent at simple addition, and that his figures, 11,369 square feet of radiating surface are approximately correct, this would leave after deducting the one-seventh, 9,745 feet to heat 360,000 cubic feet of inclosed space. There is a " thumb rule " known to all practical steam-filters in vogue in New York and the easfrn cities, vie., to cut off the two right hand figures of the cubic contents of a room or building, and the re- mainder will represent ^e superficial feet required for healing. Now this rule is changed in many pl.aces to suit the tt;mperature of the climate, and practical men here agree that we should figure on at least three limes the surface required in New York, which means to reckon upon three square feet of heating surface to every hundred cubic feet of space, and this is borne out in many instances in the city. I will quote a few, viz. : The office and reading room of the Leland House, although situated over the boiler room, hr-.s 1-82 square feet per hundred, and this v/ith n 12 ft. ceiling, which would with an 18 ft. ceiling require just one-half more, or 2.72 square feet per hundred cubic ; and this job is not tested thoroughly yet, and may require more radiators and larger boilers before the present winter is over. Another instance is the Merchants Bank, with at the rate of 3 square feet per hundred cubic feet, for an 18 ft. ceiling ; the Congregational Church ; and the Bank of MacArlhur, Boyle & Campbell might also be quoted, besides many more that the rates exceed 2^4 feet ; and I have repeat- edly found cold pipes in the last mentioned bank, and Mr. MacArthur's assurance that at limes it was uncomfortably cold, showing that there is not sufficient healing surface. This, then, being established as a thumb rule here, tnke 360,000 cubic feet, and cut off two right hand figures and multiply the remainder by 3, and we have 10,800 super- ficial feet of heating surface, when according to Mr. Whetler's addition and my sub- r.traclion of one-seventh, we require only 9,745 superficial feet of heating surface. However, I do not wish you to infer that because Mr. Wheeler's figures were assumed •a be correct, that they are correct ; nor that I believe in or use the thumb rule only for argument, but I do wish you to understand that I am in a position to demonstrate that there are 6,245 square feet of glass or its equivalent in value as a cooling surface, and thai 1)4 square feet of healing surface is required in this instance per fjot of cool- ing surface, and that we have provided for the proper healing of the City Hall without exceeding the limit of safety, 5 per cent. Notwithstanding the astounding bulwark Mr. Wheeler conjures up for clap-trap purposes, ca* the average citizen grasp the magnitude of, heating such a hall. Supposing thai all the interior walls and (luors were removed, how far would Mr. Wheeler's bulwark seten feel and eleven inches high go towards healing it? Mr. Wheeler, although perfection in his own exalted opinion, will find before this investigation is finished that even he is capable of making the most ridiculous blunders. He is just as much.at sea about the heating capacity of the boilers, and will probably be surprised to learn that there are 1,100 feel of plate and flue surface, capable of supplying 11,000 square feel of heating surface ; and as to the steam mains requiring to be " double the size in bore " to that shown (6 inches), I reply that in his usual recklessness, he is away off. The mains as shown are amply large, unless you wish to squander money. I now come to the immense saving that Mr. Wheeler imagines you are going to swallow without question, viz., 6314 feet of healing surface, costing $3030. This is the climax, no donbt. I have bonajldc figures for supplying all the Bundy radiators 66 ill the building for $4382, so that if you deduct Mi'. Wheeler's s.iving of $3030, he must be iiblc to get the radiators supplied for $1352, aiul if he can save 0314 feet of heating surface, he can perform the miracle of heating 360,000 cubic feet, under the condition they exist, with fjOf)'* feet of heating surface ; then according to the pi ice I quote for the Bundy radiator complete, his should only cost $2021.(50. This looks like a discrepancy, but perhaps Mr. Wheeler's magical ligur'^s will prevent you from thinking that he has been nailed again to a malicious and stupid blunder. The total cost of all the fittings for the radiators complete is $357 ; therefore Mr. Wheeler may explain how he can save $300 on this item. As to Ponton 'V Co. suppl.'ing their own fuel, I believe they are doing so at present, and that the entire cost with stoves will not exceed $150 ; with the heating apparatus the cost would not exceed $112.50, and would involve a legal question with the city, as I stated in cominitiee, /. c. no matter who the contractor for the steam-fitting may be, the moment the city or Stone Co. takes hold of the apparatus and "fires up," the steam-fitter will shirk all responsibi- lity. Besides, it is a question whether under the Dewar contiacts and the .Stone Co. contracts, if the city is not responsible for the tlelay, and consequently for the payment of the cost of the fuel while the steam-fitters are at work, say one month, which will take fifteen tons of coal at $7.50 per ton, thus reducing Mr. Wheeler's mare's nest of $100C to $112.50, a small amount involving a large legal problem. Mr. Wheeler's statement with reference to connecting the soil pipes with the sewer is false. The specifications provide for four separate connections, and if he had the slightest knowledge of sanitary plumbing, he would never say that "t e water irom sinks, baths, basins and lavatories, can be turned into the same sewer as drains the basemeiii." He also states a falsehood when h j says "according to your instructions I have pre-' pared plans and specifications adapted to the alterations mad •, and submit them here- with." Your minute book will prove that Mr. Wheeler is ju.st what he imagines him- self to be ; it will show that this statement is false — he never was instructed to prepare plans by either the Committee or the Council. There is just one more item in a subsequent report by Mr. Wheeler, where he (Ii.s~ covers another " mare's nest " with reference to the lining of four tanks wiiii k. d. I say that ' ■. Wheeler's attention was drawn to the apparent discrepancy by myself. The sar m appears in the Stone Co, contract and the present pUunbers' specifica lions f ;: le reason that the time this was written in the original contract, I had no idea w , he plumber's contract would be let, and it appeared necessary to provide for the .vater from the roofs. However, this has been accomplished in another way, and now that you are ready to let the contract for the steam-fitting and plumbing, I purpose letting the plumber do the work mturally belonging to him, and charging the cost of so doing to the Stone Co. contract. This statement can also be corroborated by at least two or three of the plumbers who enquired into the matter while figuring for tenders. Since hearing Mr. Wheeler's report read, I have received a bona fide offer to line the four tanks complete as specified for $184, so whenever you have awarded the plumber's contract I will charge the above sum to the Stone Company's contract. Mow, gentlemen, if you will permit me to observe that I imagine you arc in a di- $3030, he 514 fc.-t of under tlie the pi ice I This Itioka U you from Tlic total heeler may ; their own stoves will .12.50, and no matter Stone Co. responsibi- Stone Co. he payment vvliich will e's nest of the sewer le had the ivater iroui drains the I Iiave pre-^ ihciu iiere- ir.es hiin- ) piejxu e re he dis^ K.d. I ly myself, specifica I had no provide itr way, ml)ing, I rging the roborated figuring dona fide you have ompany's in a di- 67 lemma between the contra statements made by Mr. Wheeler and myself, and that I think (judging frijm the serie-, of investigations in the City Mall matter) that your sole desire is to learn the facts and do stern justice, and also in view of the fact that I have never humbly begged for any favor. A fair field and n;) favor has idways been my motto ; i.-! fact I have repeatedly offered to resign my position if you could prove fraud connected with any of my acts. You have thus far been unable to d:j so, and I still desire the fullest eiirjuiry to be made, and if you can prove fiaud in connection with this matter I shall resign f(jith\vith. If you can prove that my statements arv; not true I shall abandon the steam-fitting and pkonbiiig. On the other hand, if I can prove that Mr. Wheeler's statemefiis are false and misleading, mete out stv.rn justice in his case ; brand him as a liar and a miserable croaker who did maliciously try to irrepara- bly injure a fellow architect by the most contemptible means in his power. In conclusion, gentlemen, theie is ily one way to finally settle the rantter as to who is right or wrong. There are about six different firms and parties who do steam- fitting in this city. Choose one man from each firm to act as a jury, with ihe City Engineer or some other competent person \>ithout prejudice, to act as foreman. Let the jury each and every man make a solemn declaration as per statute, that he is a practical steam fitting mechanic of at least five years' experience, and that he is not interested in the matter in dispute, and that he will try the reports on the merits of the evidence adduced and his own practical knowledge and experience, and decide all the points presented, and make a true and faithful report to your honorable body. This appointment should be made to-night, and the jury meet tomorrow, Tuesday, at 9 a.m. ; and the enquiry should be private — no admission except to Mr. Wheeler and myself; arul the jury sliou'd complete tin; (.i.qnivy wiihout adjournment, as all juries do. I( these sugi;estions are aKt of this investig.ition if I fail to establisii l!ie Iruilif.dness oi my statements. If, on the oiher hand, you ask Mr. Wheeler to pay the cost in the event of his failure to establi--h the truthfulness of his report, and I !iL're!;y ehailerge Ciiarlcs II. Wlieeler tu accept the guage of battle or retire branded as a cowardly liar. Yours very respectfully, C. A. BAKUER. Wheeler's Charge. Immediately after this letter had been read Mr. Wheeler stepped up to the City Clerk and made the following charge : I charge C A. Barber, in his capaciiy of architect of the new civic offices, with trying to incite myself and also a city official temporarily employed, to send in a false and fraudulent report to the City Council concerning a certain Meam fitting and plumbing work requiring to be done in the said civic offices, which said report, if it hadbeen madeupandsent in to the Council according to the said C. A. Barber's wi.shes and expectations, would have been false and fraudulent and would have caused serious loss to the city and very detrimental to its best interests. 2. Also in my capacitv of your investigating architect I further charge C. A. Bar- 68 ber with preparing a set of plans and specifications for certain steam fittings and pluml)ings to be done in the said new civi : offices in a false, misleading and blunder- ing manner, especially in the case of placing wrong and misleading figures upon his plans, showing the number of square feet of heating surface alleged to be required for cacii ladi^ior 10 the amount of 11,369 square feet or thereabouts, the actual amount required to heat the said building, calculated up(jn a most liberal basis, being 5,050 square feet, or thereabouts. 3. As investigatinii architect I further chiige the said C. A. Barber with falsely and misleadinply inserting certain leadwork in connection with certain water tanks in towers of new civic offices on his specifications, such lead work being already con- tained in the specifications originally made for the main building, and should be executed by the present contractors, Fonton & Co., entirely misleading the contractors and plumbers tendering for the work, and would have been a great loss in money value to the city. In support of the charges enumerated above I produce sworn declarations together with plans and specifications and other evidence. I have now finished a very dis- ngreeable duty, and must ask the Council to place the further conduct of the matte in the hands of the city solicitor. The Discussion. After this charge had been made Aid. McCreary moved that iMessrs. Barber & Barber be dismissed. A long discussion ensued, and Aid. Ham moved in amendment that the architects be paid their commission and dismissed. Unable to get a seconder to this ninendment Aid. Ham moved, "that Barber &: Barber be paid their commission of 4% as agreed upon, on th.. amount expended on the civic oft.es up to date, provided the City Solicitor so advise, and thai the architects be dismis.sed.''' A long discussion ensued over the oriL'inal motion and the amend- ment. Many of the Aldermen thought they had better go slow about dismissing the architects, for it they did a law-suit would certainly follow, and the city might have heavy damages to pay. The vote on Aid. Ham's amendment was 7 for and 5 against, and a.s a two-thirds vote was necessary, it was lost. It was finally decided to wbmit the papers to the City Solicitor tor him to report upon. The City Solicitor's Report. On the same afternoon, Thursday, Nov. 27, the City Solicitor present- ed the following report, explaining that he had only had a very short time in which to prepare it : 69 " I f.;ar that within the time it will be out of my power to do anythinc; like justice to the case, but feeling that the Council consider it urgent, 1 will glance over the large bundle of papers and try, in an off-hand way, to partly meet your wishes. Wheeler was first appointed to report on the first estimate of Barber to Ponton k Co. Wheeler, at that time, in a somewhat long report supported the estimate, and the mcney was paid. Wheeler was then instructed to also report on the plans and spjcifjca- lions of Barber for heating the building. Oa this he made a second re- port, condemning that portion of Barber's specifications which fixed the number of radiators or heating surface and aNo the lining of some water tanks with lead. I can give no opinion on this question, but I will, how. ever be glad to assist the Council as far as in my power to st arch the truth. While in fact the papers are so contradictory that it will be out of the ])ower of the Council to do this without a judicial encjui-y. But why should the Council be bothered with such an enquiry ? Why not at once place the matter of heating in the hands of another independent man, pay off Mr. Barber for the plans as far as the committe may think useful, and go on with the work ? After what has transpired, both Mr. Barber and Mr. Wheeler should stand aside on the question of heating, and it appears to me this will be the only way to quite restore public confidence. As to the lejal position of Mr. Barber, and his position as between the Council and the Ponton contract, he is yiven very ample and complete j)owers. I liave not the contract now before me, but if the Council could feel safe U) allww the contract to be finished under hiu), it would avoid further complication and [>erhaps secure a more speedy completion of the work. 1 think if absolutely requisite for the projjer prosecution of the work, the Council deems it requisite to remove the present architects from office, and to replace them by another architect or architects, that the Council has power to do so, but it appears to me that this should be only for cause and on the report of a committee. Kindly regard this as a very hasty recommendation, with a view :is far as possible to meet the requirements of the case in hand.'' Shall the Architects Go? Another long discussion ensued regarding the right of the Council or not to dismiss Messrs. Barber & Barber. Mr. Glass, City Solicitor, was present, and said that the papers in the matter were so volumnious that a plain answer "yes" or "no" was hardly to be given. The equitable view of the matter would be to ascertain the truth of the matter, and it 70 was a question whether the Council wanted to go into the altercation between Messrs. Barber and Mr. \Vheeler, In answer to a question of Aid. Poison, Mr. Olass said he could give no opinion then regarding Messrs. Barber's commission. 'I'lie matter depended entirely on the agreement, unless it could be sliown that a fraud had been perpetr-.ted, causing the city a loss. On the question of the liability of the city, it was one which depended so much on surrounding circumstances that he could not answer it. Ni'". Barber contends that in the Dewar contract he had pow o '■ ': i ge ^ r n.odify anything without the consent of the Council, arc "li 'ter of the lining of the tanks was a matter which they had seei- % to c'^ange. If such powers were in the contract as stated by Mr. Barber, it .,..- ild be satisfactory. Aid. Wilson did not think it well to put the evidence of Mr. Wheeler ayainst that of Mr. Barber. He contended that Wheeler had shown a desire to get a finger in the pie. If the Council saw fit to discharge Barber it could do so, but he for one failed to see the reason. Aid. McCreary then moved, seconded by Aid. Carruthers, that it is the opinion of this Council, after hearing the report of Mr. Wheeler, also that of Messrs. Barbci & Barber in rebuttal, together with the opinion of the ','ity Solicitor upon all the rcjiorts and papers in connection with the m-w civic offices, that tht; said firm of Barber ^ Barber be now ])riid the commission of 4 i)er cent, as agreed upon, if so advised by the City Soli- citor, and is found to be in accordance with the original agreement made with Barber ^Hc Barber, and that the services of rhe said architects be at once dispensed with. Aid. Poison then demanded to have the declaraticin ])rtsenied by Mr. Wheeler, but unread, produced. The Solicitor answered that, as Mr. Wheeler had never intended to have them made public, the Council could not make them public, al- though he did not think it would be wise to keep the Council in the dark making them believe that something very rotten had been reserved. The motion was then voted on as follows : — Fm^— Aids. Ham, .^V^j'^y— Aids. Wilson, Brown, Calloway, S. McDf Id, Bawlf, Carrutheto, McCreary, The Mayor — 6 Poison — 4. It 71 Aid. McCrcary then oskcd whelhor a two-thirds vote was necessary. 'I"he Solicitor answered that it depended on whether a previotis action was being rescinded, and the question remained undecided. Aid. Wilson wanted to submit the mutter to a tiiird party, and let his decision be linal. He moved that a competent architect to be approved by the Mayor be asked to act in that capacity, and go into and examine the whole matter. Mr. Wickenden's name was mentiotied in tlve motion, but the Mayor was empowered to enj^age another i)erson should he re- fuse to act. This motion was carried, and the Council adjourned. Wheeler Again Heard From. In the meantime Mr. Wheeler sent the followin "«tler to the pres; of the city : To the Editoi of the Times : .Sir, — I have fiddressed the following IcUer lo hi^; worsi ' ■ ihc Mayor. Serious charj^es, such as I have made against C. i\ 'iarber, cannot be put off by a rjference or an any side wind. C. II. WHEELER, Investigating; Architect. " 11 Carruthers' IJlock, Main st., Nov. l^.Slli, 1S84. " AV C/t'ii Offices Steam Fiili:i;^, Zfe. " To His Worship the Mayor : " Noticing a paragraph in ihi.-. li'ornin^'s Free Press relative to ;)ppointing a referee in the above matter, I beg to hand in this protest. " At the risk of appearing disrespectful to yourself and the Council, I say positively that I c;. nnot consent to condotie the charges I have made again.-.l C. A. li.irber. " If the Council chooses to stultify itself, and connive at wrong-doing, in face of uncontradicted sworn evidence and admissions, I, as your investigating architect, do not intend to stullify myself. "The plans and specifications for the slenm fittings and piumhing are in my trust, other evideniial matter also, and again I say, in face of the charges I have made against C. A. Barber, I positively refuse tt) meet him anywhere except in a court of justice. "This Mr. Barber can easily assist me in doing, by swearing that his reply to my report is correct. If he will do this it will bring matters at once to an issue. " No referee you may appoint is or can be in the possession of the evidence I hold. Therefore any report he may make either way will not settle the matter at issue. " I wish yon t» read this leticr to the Council. ** Yours respectfully, "CriAS. II. WHEELER, " Investiga'ing ArchiteCL Mr Barber's Reply. Mr. Harbcr instantly sent the following reply to the Sun : WJNNii'iaj, Nov. 21)th, 1884. To ilic I'lditor of 'J/tt' Ddi/v Sun : Sir, — Kffcrrin^; to ii letter written by Chiirles H. Wheeler in the matter of the s;eani fitting of the (!ity Ilall, &c., I challenged Chas. II. Wheeler in my leply to hia report to either aciepl my proposition for the investigation of the truthfulness of the contia reports, or retire braruled as a " malicious liar ;" and I hereby repeat and em- (•hasize the challenge — let Mr. Wheeler show the public that he is not afraid to have his statements criticised belore a disinterested jury of steam-fitters or architects. Li t ]\Ir. Wheeler place my plans .nnd specifications in the hands of the Mayor, in trust, accessible to both parties, and I will very soon gratify his morbid desire to figure in a court ol justice. Let Mr. Wheeler swear to the truthfulness of his own report and he will make himself amenable to justice if I can show that his statements are alse. The public insist upon a thorough investigation, and will see that both parties re (■( iw Hriiish f.iir play and justice. \'ours respectfully, C. A. HARIJER. Another Attempt Fails. I )n Monday night, Dec. Ist, at a meeting of the Council another at- Ww\)\. was made to dismiss ilie architects. Aid. Carruthers opened the ball by moving, seconded by Aid. McCreary, "That for cause, the par- ticulars of which have been placed before the Council, the services of Messrs. Barber & Barber as architects on the new civic otifices, be and are hereby dispensed with." Aid. Carruthers said it was time a settle- ment was arrived at. Aid. Bawlf held that nothing had been proved against ^iarber, and his word was as good as Wheeler's. Aid. S. Mc- l)o:ia:d wanted to refer the matter to a comtiiiitee, but Aid. Carruthers refused to attend any mere comniitiee meetings, saying the only place the matter could be settled in was a court of law. Aid. Ham moved to reter the matter to the Market Committee. This amendment was cap rijd, Aids. McCreary, Carruthers and Brown voting for the dismissal. 73 Aid. iMcCreary moved, seconded by Aid. Carruthcrs, that a committee of His Worship the Mayor and the mover be a con.miitee to wait upon the Bank of Nova Scotia or their Solicitor, to procure if possible the affidavits recently made by E. M. Wood, late City Solicitor, or so much thereof as they may decide i)ertains to tiie actions of the City Hall con- tract. The Wheeler Sons Heard From. lartit's re On Tuesday afternoon, Dec. 2nd, the Market Committee met to set- tle the Wheeler-Barber question. Aid. Carruthers failed to turn up ; neither did Mr. Wheeler appear. The declarations prepared by Mr. Wheeler, and the publication of which he had consented to, were then rejid. They were from C. W. Wheeler, one of his sons, corroborating his own statement to the effect that Barber admitted having made a blunder about the steam heatiiij;, and the second was from Alf. Wheeler, another of his sons, to the same effect. Another affidavit from C. W. Wheeler stated that he had heard Barber ask his father to be lenient with him and not give him away. The declaration of Neil McDonald, of the American Plumbing Co., was to the effect that 5050 feet of radiator surface would be amply sufficient to heat the City Hall. Two declarations of Robert iMuir were read. One denied Barber's statement that he had offered to give him 15 per cent, if Doty boilers were used, and also denied that he had made a pro- position to sell boilers to the loss of the city or himself. The second one stated thac 5050 feet of radiator surface would be sufficient to heat the building. Chas. Plaxton had told him that he had never made such a declaration. Plaxton said he had, but that he had made no offer for the work, as Barber had stated. In reply to all this, Mr. Barber demanded that Wheeler should pro- duce the plans he had taken away, and if that was done he would prove- that no blunder existed. This would also prove that Wheeler's state- ment about his asking to be let down easy was untrue. He could get declarations to prove that his specifications were correct. The men who had made the declarations for Wheeler all belonged to the American Plumbing Co. Plaxton had told him (Barber) that he had never made a measurement. Mr. Chester Ghss, on being asked for advice, said that Barber had a pretty hard case to meet, as he had no friends present 74 when the interview took place in Wheeler's office. So far as the state, mcnls of Barber and Wheeler were concerned, one was pitted against the other, and the only evidence that could be considered was that of the steam-fitters, unless the committee wanted to give Barber a chance to prepare declarations. It was finally decided to hold another meeting the following Thursday, at which Mr. Barber would submit a statement. Another Tussle. No meeting was held on the Thursday, and it was not until Tuesday, the 9th, that the Market Committee met for another tusile. At it a letter was read from Mr. Wheeler in answer to the request from the Council that he hand over the plans, refusing to do so except in a court of law. A declaration was read from the same gentleman to the effect that the report and supplementary report were true. Aid. Ham wanted to know what right Wheeler had to the plans, anyway. They belonged to the city, and were given to him to report on, and should have been returned with his report. The City Clerk said he had asked Mr. Wheeler to hand over the plans, but he '-jfused to do so. Aid. Bawlf said that a delay had been made in order to allow Barber to see the plans and put in his defence, but he had not been able to see them, and consequently could not present his answer to the charges. He thought the plans could be easily obtained by means of a writ of replevin. Mr. Barber said that the plans belonged to the city, as they would eventually be paid for, and advocated getting possession of them. The question of paying the last estimate given Ponton by Barber, amounting to $1100, and also if by doing so Barber would be reinstated, was discussed, and on the advice of Mr. Fogg, who had figured the esti- mate at $1060, it was ordered to be paid. Mr. Barber, at this stage, said that he had not been able to see the plans, he, consequently, had not been able to put in a declaration. He could reply, however, and had with him ten declarations which he would read if it was the pleasure of the committee. If an adjournment were granted he could produce five hundred declarations. The declarations submitted by vV^heeler were bogus, and were signed in Wheeler's office, and the parties signing them had never seen a justice of the peace. He would let the committee have his declaration provided he was furnished with certified copies of them. He would read them, provided Wheeler's case was declared closed, read the declarations. 76 The chairman then ordered Mr. Barber to The first was from himself It was to the effect tiiat the plans and •pecifications prepared by him for the heating of the City Hall were essentially true and correct, and produced authorities on-hcatm^ to sup- port his figures. The next was from Mr. Levers, an architect, and stated that he had measured the air space in the building, his fij^urrs being slightly under those of Barber. Another was from W. A. Mallard, archi- tect, from St. Paul, to whom a copy of the plans was sent, with a re- quest for an opinion, to the effecc that twelve thousand square feet of radiating surface would be necessary with a temperature fifty degrees below zero. Mr. Basford, another St. Paul architect, stated that nine thousand three hundred feet of heating surface would be necessary. The declarations of Martin & Taft, of Minnea[)olis, steam-fittcrs, and William Cochlan, of the same place, supported Barber's figures. J. P. Adamson, of this city, stated that over nine thousand feet of radiating surface would be necessary to heat the building. Joseph Nott stated that eight thousand three hundred and forty five feet would be necessary, with certain exceptions. Both agreed that Barber's boiler specifications w^re amply sufficient. W. E. Barber's declaration stated that the amount of radiator surface in Barber's plans, as necessary to heat the building, is. correct. He then proceeded to read from Bald- win to show the advantage of the low pressure system. He said that he knew a smaller amount of heating surface would be necessary with high pressure, but he had chosen low pressure because it was the best, according to the best authorities to be had. After the declarations had been read, Mr. Muir objected to Mr. Bar^ ber's figures, stating that all due allowance had been made in his mea- su ^ment for ventilation. Ii being late, the meeting adjourned. Barber Dismissed. At the meeting held Friday, the 12th Dec, matter £ {•■' connection with the architects' dismissal culminated. The CoiV'mittee met, r d the various papers connected with the affair were read over, after w) if::i Aid. Carruthers presented a report which he had prei!;iied. It recited all the circumstances of the case, and concluded by iecommendine; that the 76 services of Barbei & Barber as architects ot the City Hall be dispensed with, and that some other architect or architects be appointed to super- intend the carrying on of the work. Aid. Ham said that, to a large extent, every charge against Barber & Barber had been proven, and he agreed with the report. Aid. Brown thought that the conniving with the contractor, which Barber admitted, was sufficient cause for dismissal- Aid. Bawlf contended that it had not been admitted by Barber. He had simply said that if Dewar would produce his books he would give him his commission. He had not admitted to agreeing lo ease him down. Aid. Poison was afraid of incurring a law suit. Aid. Bawlf ob- jected to adopting the report, as it had been prepared byiVld. Carruthers and Mr. Wheeler. Aid. Carruthers denied that Mr. Wheeler had any- thing to do with the report. He had simply obtained the figures from him. Aid. Poison was sure the dismissal of Barber would lead to a big law suit, in which the city would be stuck. Aid. Ham said that several steam-fitters had agreed to heat the building with five thousand feet, and not one of them would tender on the work while Barber was architect. Aid. Poison answered that all of these men had heated the fire halls on Ashdown's contract, which had proved such a failure. He believed that they were clamoring against Barber in order to get the job and put in bad work. Aid. Carruthers' Report. The report referred to above was as follows : To the Mayor and Council : Your Market Committee beg lo report, that after numerous sittings, and at the t^xpense of much valuable time and labor, they have investigated as thoroughly as possible ip»o all matters connected with the City Hall contract, including '.he plans ^nd specifications for the steam-heating and plumbing, and after careful contiuv.'ration beg to submit the following ; 1. That there seems to be a considerable difference in professional opinion as to the proper amount of radiating surface required for the sufficient heating of the new Civic Offices ; the said difference, however, appears to arise from :he fact that parties have figured on a different number of cubic feet of air space than that shown on the plans of Messrs. Barber & Barber. According to those plans and in the figures of the archi- tects, the calculation is that 11,369 feet of radiating surface will be required for a cubic air space of 296,992 feet ; the figures given by Messrs. Ross, Adamson, Barber, Levers, and others, are doubtless correct, but are figured on a cubic air space of •"■89,000 feet and upwards, consequently their evidence in support if the architect is built upon a wrong basis, and loses the weight to which otherwise it would be entitled. I I ispensed :o super- 3 a large and he with the ismissal- ler. He )uld give ase him awlf ob- irruthers lad any- res from to a big t several feet, and rchitect. halls on :ved that id put in nd al the oughly as i.he plans tiueralion I as to the new Civic rties have the plans the archi- ired for a 1, Barber, ir space of rchitect is would be 2. The architects claim as one of the reasons why such a large amount oi' radiating surface is necessary is owing to the imnie.ise amount of single glass surface throughout the building. Your committee are of opinion that this cause could have be^n reduced to a minimum if "storm sash" had been provided for in the contract. The omissioi\ to do so savors strongly of neglect, and is mor^ than likely to form an unn voidable extra. 3. The fact that the contractor for the^steam-futing was called upon to provide tem- porary coits and fuel in order to heal the building, at the expense of the city, for the contractor on the building, admts of no excuse ; the or.e offered, that the extra amount involved would be trifling, being worse than none. 4. The architects' omission in iheir specifications to provide for the testing of the boilers and steam-fittings was a serious blunder, and might have been productive ot the most disastrous results. 5. The architects admit the fact that the " lead tanks" in the four towers are called for in the specifications for the building as well as those for the sleam-fitling. The explanation given, only after the attention of the committee was called to the matter, is that the architects have power to make any changes they please in the contracts, without reporting such changes to the Council. If such is the case it must be con- ceded that it is eminently unsatisfactory for any one firm to have such unlimited power, as it opens the door for favoiitism and fraud. 6. Your committee have also learned, by the admission of Messrs. Dewar and Barber & Barber, that an arrangement was entered into between the aforesaid parlies, whereby the architects, Messrs. Barber & Barber, wron::;fully and to the prejudice of other competitors, obtained the supervision of the new civic offices, and also claim the prize offered for the successful plans, naid arrangement being that Mr. Dewar was in- duced to alter his original tender amounting to over $95,000 to $80,000 in order to bring it within the specified sum, though knowing full well that it was impossible to erect the building as per Messrs. Barber & Barber's plans and specifications for any- thing like the latter sum, but trusting to the architect's promise to "ease him off" and even, if necessary, to throw in their commission in order to save him, Dewar, from loss. Your committee are of opinion that this ariangement wa? discreditable and dis- honorable in the extreme to all ccncerned in it, and it is a serious question whether, by entering into such compact, the architects have not forfeited ail claim for commis- sion or emolument of any kind. 7. With the consent and approbation of the architects, galvanized iron was sub- stituted on the roof for lead, as called for in the specifications. It does not require a professional man to know that galvanized iron is cheaper and less durable than lead. 8. That the architects' estimates are not always to be relied upon, as by their own admission they awarded in one case under the Dewar contract $1,000 more than the amount earned. 9. Your attention is called to the fact that the architects have just threatened the city with a suit unless they are settled with on a 5 per cent, basis, though they are well aware that tb" remuneration fixed upon for them, as per the minute book, was a commission of 4 per cent. 78 10. In support of the first statement in this report, a tabulated statement, compiled from the plans of Messrs Baiber & Barber, is annexed hereto. 11. The architects admitted before this committee that they had kept back the steam fitting contracts as a set-oft for not having been paid any commission, thus allowing their private pique to stand in the light of the interests of the city. In view of all the above recited facts, yonr committee would recommend that the services of Barber * Borber as architects for the new civic offices, be dispensed with, and that some other architect or architects be appointed to superintend the further car- rying on of the work. As already stated the motion to dismiss Messrs. Barber & Barber wa* adopted. Aid. Poison voted against the dismissal. Mr. Barber Criticises the Report. On Dec. 15th Messrs. Barber & Barber sent the following letter to the Council, criticising the report : Winnipeg, December 15th, 1884. To riis Worship the Mayor and the City Council. Gentlemen, — I am astonished at the glaring inaccuracies and misrepresentations embodied in a report published in the daily papers, alleged to have been formulated by the Market Committee, commencing with : " Your Market Committee beg to report that after numerous sittings, a.n^ at the expense of much valuable time and labor, they have investigated as thoroughly as possible into all matters connected with the City Hall contract." In explanation of this preamble I be>j to say the committee met just three times on t!iis mailer. The first meeting when the Wheeler family sent ia their celebrated ileclarations and also three others from the American Plumbing Company. At this nieeting the case was placed in the City Solicitor's hands, and he informed the committee that he considered that Wheeler had made out a case, and advis.;d them not to accept any evidence from ine in defence except staluiory declarations. A postponement for one week was very reluctantly granted to enable me to prepare my defence, and promptly on time at the second meeting I put in such a quantity of indisputable evi- dence (largely from disinterested parties), that nt discussion or action was taken ; but Aid. Carrulhers, in order to gain time and consult his adviser (Wheeler), proposed an adjournment until Friday last, which was agreed to after receiving more declara- tions from Wheeler's side, although his case was considered closed and indisputable. And besides, this thi>'d meeting was to be "secret," no admittance to even the ac- cused. How will this smell in a court of justice, when this Wheeler-Carruthers busi' ncss is held up for the admiration of the public? However, if we can believe the press, this third secret inquisition did take place, and Carrulhers, on behalf of his partner, presented the greatest piece of falsified manuscript that has ever disgraced the com nittee room. I shall dissect it clause by clause for your benefit. Cla fact that si the pi: ing an the di under: both filters have figure only this addec surfac order in the you h evide evide 79 compiled the steam allowing that the Bed with, rther car- ber was r to the 884. ntatioDs rmulaled i beg to ime and ted with imes on lebrated At this mmittee ) accept nent for :e, and ble evi- ;n ; but roposed leclara- »utable. the ac- s busi- Jve the of his igraced Clause 1st.— The difference of professional opinion does not arise from the so-called fact " that parties have figured on a different number of cubic feet of air space than that shown on the plans of Barber & Barber," because the cubic feet are not shown on the plans at all, and the parties, five of whom testify in my favor, measured the build- ing and swear positively to this fact, and their figures will challenge refutation. But the difference of professional opinion does arise because my witnesses, one and all, understand heating and ventilation, and have made proper and due allowanc- for both ; (read their declarations as well as those from the leading architects and steam- fitters of St. Paul and Minneapolis.) On the other hand Wheeler, Carruthers & Co. have not the slightest conception of heating and ventilation combined, and have not figured one square foot of radiation against the ventilating system, therefore they have only allowed about one half of the radiation surface required. The figures quoted in this clause are incorrect. I have explained time and again that one-seventh was added to actual requirement on account of the IJundy loops being figured at 3J^ feet surface, when we know by actual measurement they are only 3 feet, therefore, in, order to get 9390 feet of heating surface, we figured the radiators 10,95;"; and the coils in the flues and tank rooms about 480 feet. As to the cubic contents of the building you hav.; five sworn statements that defy contradiction, and positively declare that this evidence is built upon the right basis, and that the Wheeler-Carruthers reports and evidence ar' wrong, false and misleading. Clause 2nd. — The architects do figure against glass, both single and double, and arc in no way responsible for leaving storm sashes out, because you placed an $80,000 limit in your advertisement, thereby preventing us from providing for storm sash. However, upon the authority of George Wing — the best in the United States — double glazing in this case will cost about $1,000, and storm sash would cost over $2,000. Clause 3rd. — The fact that temporary coils were provided "does admit of an excuse," as you will find out before you have settled with the contractors. That you are in equity bound to heat the building, as I have explained several times, and you may find that providing for temporary coils is your easiest way out of the difticulty. Clause 4th. — Wheeler and Carruthers blunder here for certain, as the unprejudiced members of the Committee will remember that I produced a circular of a certain boiler manufacturer which says : My boilers are *' thoroughly tested." This fact is known even to she apprentice boys, and they would laugh at the idea of testing a new boiler for low pressure steam. Clause 6lh. — This vexed question has bean discussed so often *• about the architects' power," that I do not intend to say anything further, excej, ' that the Council gave us that power in the contract, and should not condemn their own acts, nor should such sharp practitioners as Wheeler and Carruthers dare to utter one word about "favorite- ism or fraud," for you know " the sisp'cious may be justly suspected." Clause 6th. — I defy ycur Committee to produce any evidence to convict me of " collusion," as those notorious liars put it in discussion ; and if I am not very much mistaken, Mr. Dewar will regret having attempted to blacken my character before he is very much older ; and I say this whole clause is false and malicious, and I can prove it, and that you have nothing whatever to do with it. 80 Claus'* 7lh.— This is the matter contained in Clause 5th— the "aichitects' power," and "sole judgment," did allow galvanized iron flushing instead of lead, because it makes a better job, and if the contractor saved a few dollars here, and Dewar is to be believed at all, he put many more dollars in elsewhere. Clause 8th, — You have at (as you will find) a large expense examined tv< o or three of the architects' estimates and found them correct, and, so far as we are concerned, you may keep right on scjuandering the public funds on "investigating architects." I never admitted that "I awarded $1,000 more than Dewar had earned." I admitted that during my absence my brother had advanced about $1,000 out of the 15 per cent. se_urity, or, to put it plainly, $1,000 out of $9,000, which was all earned under the contract but held as secuiity. Clause 9th. — The remuneration fixed upon by one party to a contract without noli- fying the other party, or without acceptance of such "fixing," you might just as reasonably say that you hml deciiled to j)ay us one per cent. Upon cost and consider the whole matter settled. Clause 10th. — I presume the numerous Wheeler family and Carruthers compact tabulated things to suit themselves, but, you know I promised to refute all statements by that clique, and have done so, and am prepared to serve this last effort just the same if you will have the kindness to afiord an opportunity. Clause 11th. -The architects have been so silly as to expect some pay for services they had already rendered before they started other work ; and as to standing in the "light of the city's interest," it may be deemed advisable by the new Council to not put in the steam apparatus next season, and if they should so decide we will expect credit for preventing an expenditure of $10,000 that can be dispensed with. To wind up, your Wheeler & Carruthers report " recommends the dismissal of Barber & Barber and that some other architect or architects be appointed." Gentlemen, I will not presume to dictate a* to what you may deem best in the matter, but respectfully ask your careful consideration of the following questions which appear to be involved : — 1st.— Have you proven cause in any essential point as to either incompetency or fr.uid ? 2nd.— Have y>u the power to dismiss an architect, seeing that immediately after the contract is signed for the building, he is your servant no longer. He is sole arbiter between the two parties to the contract and cannot be dismissed by one alone? 3rd.— Will a simple resolution of the Council invalidate a contract signed and sealed by the city of Winnipeg and the Stone Company ? 4ih.— Will wrongful dismissal luin our prospects in the city, and if so how much will it cost the city of Winnipeg ? 5li;. -Can yon find an architect .so contemptible as to accept the position (outside of the Wheeler family) > in con.Ii.sion, gentlemen, I beg to remind ycu that you have now held about ten investigations, and thus far we have been exonerated. These investigations cost con side W up r favo 81 ts' power," because it war is to be ed to relurn them, which action greatly impeded hur\ { Barber) from replying as fully and completely as he otherwise could do. Mr. Barber also backed uj) his reply by the declarations of practical steam- fitters, who all stated that his specifications were correct. The Council obtained the opinion of the City Solicitor regarding its right to dismiss Messrs. Barber & Barber. Mr. Class' opinion stated that if in the Dewar contract, Mr. Barber had power to change or modify, without he consent of the Council, then Mr. Barber had acted satisfactorily. And so the muddle went on from day to day. Charges being made only to be promptly denied ; the members of the Council, or at least a majority of them, acting, in our opinion, in a very childlike manner. This state of affairs continued undl Dec. 12th, when, by a motion of the Council, the architects were formally dismissed.. Unable to give any legal opinion regarding the right ot the Council to dismiss the architects, we would point out a few facts bearing on the case. In tht Ponton contract there are three parties — the City, the Messrs. Barber and the Stone Co. The question arises, has one party to the contract the power to annul it without the consent of the other two parties ? 1 ha*, is a question for the Courts to decide. Again, from first to last, the City never paid the architects one cent, either tor pre- mium or commission, and has not done so at the time of writing, In concluding this summary, brief as it is, we desire to make a few general remarks. Without endorsing all the actions of the architect, it appears to us that considerable malice has been displayed against them by certain of the aldermen. The action of these gentlemen in repeat- edly sustaining Mr. Fogg, the inspector, in the face of unprejudicial evi- dence by disinterested parties that he was in error, and the architects right, tpnds to prove this. Another fact also tends to prove malice. Annoyed by the reports of Mr. Fogg, the architects wrote asking that a commission might be appointed to enquire into their professional prac- tice in connection with the hall. The request, fair and sensible though it was, was not taken any notice of by the Council. Had the Council 86 real reason to suppose Messrs. Darber k Marber delin(|uent in their pro fessional duties, a commission should have been granted, or a resignation demanded. Neither was done. Another matter does not appear to set the Council in any better light. That astute body meddled with a private quarrel between Mr. Dewar and the architects, though it has never been proved that the changes made by the latter were not made in the interests of the city and by authority of the contract, while it has been proved that some of the changes so made did affect a saving of expense. The contract with the Stone Co. v.':is an entirely new contract, having nothing whatever to do with the steam-fitting and plumbing contract, which was a subsequent one, and at the time of writing has not been let, lends to prove either malice, or the sincere desire of fools to rush in where angels fear to tread. Whatever discrepancies, mistakes, if anv , made by the architects, the Council of 1884 appears to have a sort of divine riglit to bungle, which divine right they have exercised in this matter of the City Hall to the fullest extent. It must be remembered that the architects occupied a very different standing in regard to the Council to what other city servants do. They were the sole judges and arbitrators, mutually agreed to by the Council and the Stone Co., and appointed under their corporate seals, and it was the duty of the Coun- cil to stand by and bear thent out in all cases, unless evidence of fraud could be shown. So far as we can judge, after carefully going over the whole history of the building, we can see no evidence of this. In read- ing over all the charges brought against the architects by contractors, inspectors, and Mr. Wheeler, and also the denials of those charges, the reports of committees 6f investigation, we have been reminded of the old fable of the \Volf and the J.amb. It is true that Mr. Barber is not a very lamb-like looking gentleman, nor do we me-an to call Messrs. P'ogg Dewar and Wheeler wolves, nor yet the members of the City Council, but it does appear as if the party up the stream had muddled the waters considerably more than the lamb below. One thing is very certain. Whether the action of the City Council in this matter is just or unjust, it must have seriously damaged the professional reputation of Messrs. Barber & Barber, and no body of men, not even the gentlemen who have composed the Council of 1884, have any right to lightly play with Ihe professional reputation of those they have employed. No doubt the «7 heir pro signation ter light. •. Dewar changes y and by ne of the rerl facts of the case will be made public in the lawsuit for damages which, it is said, the architects have entered ur are about entering ag^unst the city, and it will then be seen how far the ('ouncil have been justified in their action. It is to be hoped, and it is [)retty certain that the new (!ouncil will avoid the errors so generously committed by theii pre- decessors in office The City Hall has been bungled from the com mencement by the City Council ; it is time now that twelve men of more ability took hold of Ih'-' matter. The sequel to this history will be published in the same pamphlet form as this, when the end is reached. t, having contract, been let, ) rush in I if anN, I sort of d in this embered d to the dges and Co., and le Coun-- of fraud over the In read- itractors, rges, the •f the old is not a rs. Fogg Council, e waters f certain, unjust, it Messrs. nen who >Iay with loubt the \», f*.r.^ IMAGE EVALUATION TEST TARGET (MT-3) Am • fc ^^ V] v) / ^:^* ■^ y 1.0 I.I l^|2£ 12.5 |5o ■■■ w^m If* 110 1.8 Photographic Sciences Corporation 1-25 |U 1.6 ^ 6" ► m \ :\ iV fv \ 6^ 23 WEST MAIN STREET WEBSTEi;„N.Y. M580 (716) 872-4503 , '^ ^ C^ 6^ V:;- ■J^.^J: ri'4i!'JJi''*.Vi''''^' -^^A} ^K '■^.i, ' ^>:' *«> »*^; ' V * hii-^1 3ki..Jt.^ A* "^^^'ivl ilf* *%' «W). J !. S:-Sfi&^', 4"^ •K" ,,4- ■• I f «,-<■ \ Vi THE NEW CITY HALL. Sl =x i