EXECUTIVE MANSION, _October 12, 1888_.
_To the Senate_:
I herewith return without approval Senate bill No. 1044, entitled "An
act authorizing the Secretary of the Treasury to state and settle the
account of James M. Willbur with the United States and to pay said
Willbur such sum of money as may be found due him thereon."
The claim mentioned in this bill grows out of alleged extra work done by
the claimant in the construction of the post-office and court-house
building in the city of New York.
The United States, in September, 1874, entered into a contract with
Messrs. Bartlett, Robbins & Co. by which they agreed to furnish
and put in place certain wrought and cast iron work and glass for the
illuminated tiling required for the said building according to certain
specifications and schedules which formed a part of said contract. The
work was to be of a specified thickness and the contractors were to be
paid for the same at certain rates per superficial foot. The approximate
estimate for the entire work was specified at $35,577.56. Samples of the
tiling to be put in were submitted to the Supervising Architect and
accepted by him.
In August, 1874, the claimant entered into an agreement in writing with
Bartlett, Robbins & Co. to do this work as subcontractor for them at
certain prices for each superficial foot of said tiling put in place.
In neither contract was the weight of the tiling mentioned.
The work was, under the contract with Messrs. Bartlett, Robbins & Co.,
completed, and after such completion and the measurement of the work the
said firm of Bartlett, Robbins & Co. were paid by the Government the sum
of $35,217.57, in full satisfaction of their contract with the United
States.
It appears that after the completion of the work the claimant gave
notice to the Government that he had a claim against Bartlett, Robbins &
Co., growing out of said work, for the sum of $8,744.44, and requested
that payment be withheld from said firm until his claim against them was
adjusted.
The fact that said claim had been made having been communicated by the
Supervising Architect to Bartlett, Robbins & Co., on the 22d day of
August, 1876, they responded to the Supervising Architect as follows:
SIR: We inclose copy of our account against Willbur and the Illuminated
Tiling Company and a copy of Willbur's assignment to the Tile Company,
which includes a copy of his agreement with us; and when the Department
settles the measurement of the work the items in the contract will show
just what the amount is, and, as we have repeatedly assured him, he will
have all the measurements the Government gives us.
If anyone has cause of complaint in this case it is us. Four times the
work came to a stand, or nearly so, and our Mr. B. was compelled to go
to New York and stay until it was moving again, charging his expenses,
by Willbur 's request, and finally it had to be finished by others, etc.
We know this does not interest you particularly, as you do not know him
in the matter, but there has been so much willful misrepresentation we
thought silence might be misconstrued.
It is charitable to think Willbur must be crazy.
Very respectfully, yours,