USA > Indiana > An illustrated history of the state of Indiana: being a full and authentic civil and political history of the state from its first exploration down to 1879 > Part 18
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SEC. 4. The Board of State House Commissioners. in making selec- tion of a plan for the erection of a State House, shall call to their assistance at least one competent and qualified architect, of known skill and ability in his profession, who shall not have submitted a plan for competition ; also, one civil engineer and one builder, who shall each
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be of good standing in their respective avocations, and shall cause them to take an oath as follows in substance: "I do solemnly swear (or affirm) that I have no pecuniary interest, whatever, in the selection of a plan for a new State House, that I will not be influenced in my de- cisions by any personal prejudices or partialities, but will faithfully discharge my duty according to law, and will hold my action, and the action of the Board of State House Commissioners, in the selection of a plan for a new State House, which may come to my knowledge, in strict confidence." The Commissioners shall then proceed to give the plans, now in possession of the State, with such additional drawings as may be submitted for their further explanation, a thorough a: d critical examination, in the progress of which they shall cause th : experts, so called to their aid, to thoroughly examine all the said n'a is and speci- fications thereof. and test the estimates submitted. If they shall find the specifications and estimates correct, and that the buildings, or any one of thein, contemplated in such plans, can be constructed within the limit of two millions of dollars, be suitable, in respect to permanence and convenience, adapted to all the purposes and aims of a State House building, and in keeping with the dignity of the State, the Commis- sioners may select the most meritorious of such plans, and notify the successful architect thereof, and shall then return the drawings of the rejected plans to the author thereof. If, however, after such examina- tion, the Board of Commissioners shall find that none of said plans are suitable, they shall reject them all, and at once cause publication to be made in two newspapers within the State, and one, each, in the cities of New York, Boston, Philadelphia, Cincinnati, Chicago, St. Louis and Louisville, that at a certain time, not to exceed ninety days thereafter, they will proceed to examine such plans and specifications for a State House building, not to exceed in cost two millions of dollars, as may be submitted to them by competing architects, and each of said com- peting architects shall submit to the Board a sealed proposal of what fees, salary or percentage he will charge, or expect, if his plans should be adopted. At the time specified for making the award, the Board of State House Commissioners shall again call to their assistance experts as hereinbefore provided, and shall proceed to examine the plans and specifications then submitted to them, under the same rules anıl condi- tions as in the case of the plans now in the possession of the State ; and if, in such examination, they fail to find any plan coming within the requirements of this act, they shall re advertise, and proceed in the manner hereinbefore prescribed, until a suitable plan is secured.
SEC. 5. The Board are authorized to contract for labor, material, transportation, or any dis inct portion of the work. All lettings of the work shall be advertised in two newspapers of general circulation. In all contracts the interest of the State shall be protected by proper
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.bonds. All contracts with the builders, architects or material men, shall reserve the right of the Board, for good cause shown, and of the Legislature, by concurrent vote of both houses, to annul the contract. And the Board shall make no allowance for damages, only for expense incurred and for labor performed. Ten per cent. shall be reserved from. payments on estimates on work contracted, until such contract shall have been completed, inspected and accepted. The contracts shall be so let that the State shall not be required to pay, in any one year, in- eluding all other necessary expenses, in all, more than eighty per cent. of the tax levy for such year, for the building of the State IIonse : Provided, There may be added thereto any money remaining in the treasury from the tax levy of any preceding year, collected for building the State House.
SEC. 6. The building shall be fire proof, so as not to require that it shall be insured. The material shall be of the best quality, and the directions, plans and specifications of the work shall be execute l by skilled and reputable architects, contractors, artists, mechanics and laborers. The Board shall, so far as is just and practicable, and with due regard to the material interests of the State, make preference of Indiana material and labor. In any plan and specifications accepted, the architect shall be required to, and shall guarantee that each and every part of the building shall be perfect and complete in itself, and sufficient to accomplish the purpose for which it is intended, as fully and completely as it is made to appear, or represented in the plan or declarations of the architect ; and he shall be required to give bond, with acceptable sureties, in the penal sum of one hundred thousand dollars, conditioned that said plan shall be complete and perfect for the purpose designed and intended, and that the building shall be fully completed and finished, as a whole and in every part, for and within the price and cost estimated and fixed by such architect; and which price or cost shall be stated in his proposition, or submission of a plan and specifications. And it shall be further understood and agreed that no extra work or material shall be necessary to complete the building, than that in the estimates set forth ; and should any be required, that the architect shall do such work and furnish such material at his own cost, and finish the work complete for the price estimated by such architect.
SEC. 7. The Board shall appoint a Secretary who shall take an oath to faithfully perform the duties of his office. He thall keep a record of the proceedings of the Board, shall make a record of all contracts and obligations, shall furnish each contractor with a copy of his contract, marked " approved " by order of the Board, -, (day and date), and no contract shall be valid until thus endorsed and delivered. He shall certify to all vouchers ordered by the Board, shall keep a set of books,
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so as to show the financial condition of the Board ; shall make yearly statements of cost of building, and a complete list of vouchers, and for what purpose, and to whom paid, which reports the Governor shall transmit to the Legislature. The pay of the Secretary shall not exceed fifteen hundred dollars per year. All contracts for any purpose con- nected with the building, where the amount exceeds five hundred dollars, shall be regularly passed upon by the Board in session, and shall be recorded by the Secretary in a book kept for that purpose ; and a copy shall be made out and certified to by the Secretary, and deliv- ered to the other party of the contract ; and until such delivery, no contract shall be valid or binding on either party ; and the Secretary shall retain, in proper files, all vouchers, statements of accounts, and other papers of value or importance to the Commissioners, the con- tractors or the State.
SEC. S. The Board may, when they deem it necessary, employ a Superintendent, who shall be qualified and give bond, as may be pre- scribed by the Board, who shall also prescribe his duties and compen- sation.
SEC. 9. It shall not be lawful for any member of the Board, or the Architect, Superintendent or Secretary, to be directly or indirectly in- terested in or to derive any profit from anv contract, employment, or purchase connected with the building, or with the action of the Board ; nor shall either of the above-named officers be the owner or interested in any elaim against the Board, or the State, growing out of the build- ing of the new Stite House, or removing the old one, other than for their compensation for services. Any of the above-named officers guilty of violating the provisions of this section, or of corruptly using his official position, shall be deemed guilty of a felony, and, upon con- viction, shall be fined in any sum not exceeding ten thousand dollars, to which may be added imprisonment in the State Prison for any term not exceeding two years.
SEC. 10 The architect, whose plans are selected, shall be the super- vising architect of the building, and shall give bond in the sum of one hundred thousand dollars, conditioned that he shall faithfully dis- charge the duties of his office, and he shall be liable on his bond for all losses or damages that may be incurred on account of his violating any of the provisions of this act, or on account of his neglect or incapacity for the duties of his office. He shall receive such compensation as may be agreed upon in advance : Provided, No contract with an architect shall be made allowing more than three per cent. commission, as full compensation for plans and specifications, and the supervision of the erection of such building, as the architect thereof.
SEC. 11. There shall be assessed in the year 1877, the sum of one cent upon each one hundred dollars worth of taxable property in the
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State, to be collected as other State taxes, assessed at the same time, are collected. And the year 1878, there shall be assessed and collected, as above, the sum of two cents upon each one hundred dollars worth of taxable property in the State, which money, when collected and paid into the State Treasury, shall be kept and known as the new State House fund ; and the proceeds of the tax, herein levied, is hereby ap- propriated to the use of the State House Commissioners, as herein- before provided.
SEC. 12. There is hereby declared an emergency for the passage of this act, and the same shall be in force from and after its passage.
Governor Williams appointed the following persons as the State House Commissioners, viz .: I. D. G. Nelson, of Fort Wayne; W. R. McKeen, Terre Haute; General T. A. Morris, and General John Love, of Indianapolis. These, with the Governor, J. D. Williams, ex-officio member and President of the Board, met at the Governor's rooms on Thursday, May 24, 1877, and completed their organization by electing W. C. Tarkington secretary.
The Commissioners, after visiting several State capitals and examining their State Houses, proceeded to business by secur- ing the services of Major Francis D. Lee, of St. Louis, as expert architect, Major Jared A. Smith, United States engi- neer, as expert civil engineer, and Francis D. Allen, of Evansville, Indiana, as expert builder. These assembled at Indianapolis July 2, 1877, and after being duly qualified as required by law, proceeded to the examination of the four plans named in the act. These plans, in the possession of the State, were known and designated by the names of the parties who submitted them, viz .:
I. Charles Eppenhausen, Terre Haute, Indiana.
II. J. C. Johnson, Fremont, Ohio.
III. George B. F. Cooper, New Albany, Indiana.
IV. E. E. Myers, Detroit, Michigan.
After a thorough examination of these plans, consuming over six weeks of time, the Board decided that none of them fully met the requirements of the law.
The Board then opened competition to the plans of all
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architects. They advertised on the 12th of September in the newspapers of the several cities designated in the act for new plans, which they would proceed to examine within ninety days.
Twenty-four new plans were entered for examination. The following experts were appointed to assist the Commissioners in their labors, viz .: James K. Wilson, of Cincinnati, arcih- tect ; Henry Walters, of Louisville, builder, and Cyrus M. Allen, Jr., of Vincennes, engineer. Robert P. Haynes was elected secretary January 11, 1878, in place of Captain W. C. Tarkington.
W. R. McKeen, one of the Commissioners, resigned his office, and Jolin Collett was elected in his place, and entered upon duty February 1, 1878.
With a view to facilitate the work, and to confine it as far as practicable to the requirements of the law, the Commis- sioners instructed the experts to report (in addition to any suggestions that might occur to them) the information derived from a careful consideration of the following questions :
"1. Can the building be completed according to the plans and specifications within the limit named in the law, viz .: $2,000,000 ?
" 2. Are the foundations in character and extent sufficient to support the superstructure in such manner that no injury is to be apprehended to any part of the work from settling or crushing ?
"3. Are the materials of the superstructure in kind and quantity such as to insure stability and permanence ?
" 4. Are the combinations of materials such as to give strength and security to the entire structure, regard being had to the methods of spanning spaces between walls, construction of roofs, dome and towers, supporting stairways or other de- pendent portions ?
" 5. Are damages from fire sufficiently guarded against ?
"6. Having regard to convenience, adaptability to the
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purpose required, harmony and dignity of the work, are the arrangements adequate for light to the corridors and rooms and offices-sunlight by day and gaslight by night ?
" 7. Is ample provision made for safely heating the build- ing and all its parts, as also the needed supply of water, gas, etc .?
" 8. Are the pipes for conveying heat, gas and water easily and conveniently accessible ?
" 9. Is drainage amply provided for ?
"10. Your opinion is also requested as to architectural symmetry, beauty and harmony of parts, including orna- mentation and general conformity to the dignity, resources and progress of the State ?"
After a thorough examination of all these plans the Com- missioners selected the one bearing the motto of " Lucidus Ordo," or the plan submitted by Edwin May, of Indianapolis.
The following agreement for building the new State House was made between the State House Commissioners and Edwin May, the author of the successful plan :
ARTICLES OF AGREEMENT WITH THE SUPERVISING ARCHITECT.
These articles of agreement, made this eleventh day of April, 1878, in pursuance of the provisions of an act of the General Assembly of the State of Indiana, approved March 14, 1877, entitled " An act to au- thorize and provide for the erection of a new State House, and for matters incident thereto," by and between the Board of State House Commissioners appointed, qualified and acting as such Board pursuant to the provisions of said act, party of the first part, and Edwin May, of the city of Indianapolis, architect, party of the second part
Witness, that said Board of Commissioners having duly advertised for plans for the erection of said new State Hovre, and having re- ceived divers plans, specifications and estimates from divers architects, and having examined all the same as provided for in said act, have selected and adopted the p'an submitted by said Edwin May, desig. nated by the motto, " Lucidus Ordo."
It is agreed, promised and covenanted, by said party of the second part, in consideration of the agreements and covenants of said party of the first part, hereinafter set forth, that he does hereby make over to
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said Board of Commissioners, as the property of the State of Indiana, said plan, with all accompanying drawings, specifications, directions and estimates; and that he will, in like manner, furnish and make over to said B ,ard of Commissioners, as the property of the State, as soon as prepared, all other plans, drawings, specifications, directions and estimates, that may hereafter be made by him, and relating to the construction of said new State House.
Said party of the second part agrees that he will fully and faithfully perform, all and singular, the duties cf supervising architect in the erection of said State House, furnishing all plans, specifications, draw- ings, directions and estimates necessary, proper or useful, in the erec- tion of said building, as the same may te needed or required, prepared in a skillful and competent manner; and that he will perform, all and singu'ar, the duties of supervising architect, until the entire comple- tion of said building, in whole and in all its parts and details, ready for occupancy, to the satisfaction of said Board of Commissioners.
And the party of the first part agrees to employ a competent super- intendent during the time said building is in process of actual con- struction, but not during any other time, who shall qualify and give bond as may be prescribed by said Board of Commissioners, and whose duties shall be prescribed by said Board.
Said party of the second part guarantees that each and every part of the said new State House shall be perfect and complete fn itself, and sufficient to accomplish the purpose for which it is intended, as fully and completely as it is made to appear, or is represented, in his plans or declarations, and that his plans, drawings and specifications, shall be perfect and complete for the purposes designed and intended, and that said building can be fully completed as a whole, and in every part, for and within the price and cost estimated and fixed by him as architect, in his estimates ; and that no extra work or materials shall be necessary to fully complete the building more than his estimates set forth, and should any such extra work er materials be required, that he will do such work, and furnish such material- at his own eost, and finish the work complete for the price estimated by him as architeet, unless such extra work and materials shall become necessary by means of some change or modification of plan to be hereafter made by said Board, or by direction of the Legislature.
And it is agreed and understood, that said party of the second part, whenever he may object to any materials or work in the erection of said building, shall file his protest in writing with said Board of Com- missioners, setting forth his objections and reasons therrfor, it being understood that said party of the second part shall be considered to have acquiesced in the use of all materials and labor, except when his written protest has been filed, as above provided for.
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It is expressly agreed that the right is reserved to said Board of Com- missioners, and also to the Legislature, at any time or times during the progress of the work, to make any change or changes, modication or modifications, of the said plan and specifications of said Edwin May, adopted as aforesaid, as in the judgment of said Board of Commis- sioners, or of the Legislature, may be found necessary, expedient or desirable, and in any and every case where such change or modification shall be so deemed necessary, expedient or desirable, said party of the second part shall, whenever so required by said Board of Commis- sioners, prepare and submit plans, drawings, specifications and esti- mates of cost of any such change or changes, modification or modifi- cations, and for the sufficiency and e rrectness of the same, said party of the second part hereby agrees to be, and shall be, responsible, to the same extent as though the same had been embraced originally in his plans, drawings, specifications and estimates, adopted as aforesaid.
Together with such plans, drawings, specifications and estimates of any such change or modification, said Edwin May, architect, shall also show in writing what portion or portions, if any, of work and materials embraced or contemplated in said original plan wi'l be superseded or dispensed with by such change or modification, together with a de- tailed estimate of the cost of such labor and material so superseded or dispensed with.
All plans, specifications and estimates of modifications or changes, and of work and material embraced or contemplated in the said original plan, but superseded or dispensed with as afores id, shall be so made by said supervis ng architect as that said Board of Commissioners will be able to decide intelligently as to the effect that would thereby be produced upon the ultimate aggregate cost of said proposed new State House.
But itis further expressly agreed, and understood that no such change or changes, modification or modifications ( f plan shall be made as will canse the aggregate cost of the proposed State House to exceed the sum of two million ($2,000,000) dollars.
It is further agreed that if, preparatory to the letting of contracts, or at any time, or for any purpose, it shall, in the opinion of the Board, be necessary, expedient or convenient to procure any further or additional estima es, the party of the second part shall, upon demand, prepare and submit the same to the Board. And further, that he will from time to time, as the work progresses, and whenever the same becomes necessary, furnish to the Board the proper working drawings for said building.
It is agreed that the said party of the second part shall receive in consideration for his plans, drawings, specifications, estimates and all his services as architect and supervising architeet, a sum equal to
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two (2) per centum of the actual cost of said building; provided, how- ever, that said per centum shall not in any case be computed on a sum greater than two millions of dollars ; and it being understood that of and as a part of said two per centum the sum of six thousand dollars shall be paid to said party of the second part in consideration and as compensation for his plans, drawings, specifications and estimates pre- pared and submitted, and hereafter to be prepared and submitted to said Board of Commissioners, said six thousand dollars shall be paid out of the first moneys in the State Treasury for State House purposes that in the judgment of the Board of Commissioners can be properly applied to such purpose.
The residue of said commission shall be paid upon quarterly estimates of work done, proportionately as the work proceeds. As a standard for estimating approximately the amount of each proportionate quarterly payment, it shall be assumed that the entire cost of the State House will be $1,800,000, and that, therefore, said $6,000, when paid, will be a pay- ment of one sixth in amount of said May's commission. The amount, therefore, of each quarterly payment shall be five-sixths of two per per centum of said estimate of work done. But when the actual cost of the building shall be known final settlement shall be made upon that basis, and not upon the assumed cost aforesaid.
All such quarterly estimates shall be subject to the approval of the Board.
The party of the second part agrees that in all cases he will submit to and be bound and concluded by the decisions of the Board as to what constitute his duties as architect and supervising architect, and the Board shall have the power to decide as to all plans, drawings, specifi- cations and estimates, and as to all materials and labor used in the erection of said building.
It is hereby provided that said Board of Commissioners, for good cause shown, or the Legislature by concurrent vote of both Houses may annul this contract, and the right to do so is hereby expressly reserved.
These articles are executed in duplicate the date above written, Signed by order of the Board.
J. D. WILLIAMS, President. EDWIN MAY.
Notwithstanding injunction suits by some of the disap- pointed architects and disaffected persons, the Commissioners are proceeding energetically in the business entrusted to their hands. The old State House has been demolished and every vestige of its remains removed, and the people of Indiana may congratulate themselves that in a few years they will 18
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have a capital building that will comport with the dignity, wealth and progress of the State.
The most noted event of the year 1877, and the one that threatened the most serious calamity to the country, was the great strike among the employes of several of the main trunk lines of railway and their branches. This strike was inangurated early in the month of July upon the Baltimore and Ohio Railroad, and in a few days extended to numerous other roads. A failure of some of the companies to pay their employes with promptness, and especially a threatened reduc- tion of wages to take effect at a certain date, gave rise to intense dissatisfaction among said employes, and led them hastily to the commission of overt acts of lawlessness. They not only refused to work for their employers, but by threats, force and intimidation, prevented others from taking their places on the trains. This caused an almost complete suspeu- sion of business and travel upon the main lines of railroad from the Eastern Atlantic seaboard as far west as Omaha. This embargo upon the business and commerce of the country lasted over two weeks, and severely tasked the patience and forbearance of the people, though many sympathized to a certain extent with the dissatisfied employes. Travelers were detained on their journey and shippers suffered losses from delays in their consignments. Several of the railroad com- panies sustained heavy losses in the wanton destruction of their property. The severest calamity occurred to the Penn- sylvania road at Pittsburg, in the burning of their depot and an immense number of cars, merchandise in transit, etc., by an infuriated mob. This loss is estimated at several million dollars. Military interference by the United States and by the State authorities became necessary to quell the disturbance, re- store order and protect the property of the railroad companies. Fortunately in this State but little harm was done to person or property. Mild counsels prevailed, and peace and order and resumption of business upon the embargoed roads were speedily restored.
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