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Show 66 REPORT OF THE COMMIS8IONER OF INDIAN AFFAIRS. Frank H. Murphy, Pmtello, Idaho; offered to constmct a ditch for $65,OM1 and annual maintenance charge of $12 per cubic foot, but did not submit certified check, owing to the impractability of doing the work within the time specified. George Winter, Pomtello, Idaho (bid hy telegram of December 26, 1895), offered to construct a ditch for $60,000 and annual maintenance charge of $12 per cubic foot. Offered to give bonds and forward certified check for any required sum if given some assurance that a reasonable time would he allowed in which to complete the work. J. A. Murray, Butte, Mont., offered to construct a ditch for $69,990 and annual maintenance charge of $15 per cubic foot, reserving the right to a length of time beyond December 26,1895, as might with reasonable diligence he necessary to survey the mute and indicate the same by map, and also the right to such a length of time beyond June 1, 1896, as might be necessary to perform a work of such magnitude. He inel& certified check for $7,000. Idaho Canal Company offered to construct s. ditch according to specifications and fom of contract for $90,000 and annual maintenance charge of $15 per cubic foot, and deposited certified check for $9,000. This company also submitted two other hids deviating fmm the specifications, the lowest price named heing $67,500. It may be remarked here that none of the bidders except the Idaho Canal Com-pany appeared on the list of appropriators of water furnished by the Stateauthorities. All these hids I informally submitted to the Secretary of the Interior, who, after examining them, concluded that the contract with the Idaho Canal Company should be accepted as heing the only one that complied with the terms of the advertise-ment. January 4, 1896, these bids were formally submitted to the Secretary, in accordance with his informal directions. I suggested certain minor modifications, assented to by Mr. Smith, the representative of the company, which seemed to me to be for the benefit of the Indians. On the same day (January 4, 1896) the Secre-tary approved the map of definite location of the Idaho Canal Company through the Fort Hall Reservation and granted it a right of way. January 25, 1896, he signed the contract, which had been executed by the company on the 13th, "in conformity with their proposition of December 26 last, to furnish water for the above-named reservation, which was accepted by theDepartment on the 4th instant." March 30, 1896, Agent Teter addressed s. communication to this office in which he recommended that the first 100 cubic feet of water be delivered through the Idaho Canal Company's "low-line" canal instead of the line required by the contract, and that the penalty for failure to deliver specified quantity of water by June 1 be waived. He was adGised by telegraph April 7, 1896, that no modifiation would be made in the contract and that its terms would be strictly enforced. A similar telegram was sent to Mr. Smith, who had become the president of the company, on the same day. May 17, 1896, Agent Teter transmitted to this office the recommendation of H. B. Mitchill, the engineer employed by him, that certain changes in the location of the Idaho Canal Company should be made, by which a great expense could be wed the Government. This recommendation was favorably indorsed by Agent Teter. Inspector John Lane allso stated that he had carefully exarhined into the proposed changes and earnestly recommended that they be adopted. The president of the Idaho Canal Company, in reply to a letter of inquiry from this office, stated, under date of May 28, 1896, that as there would be no material difference in the cost of construction, he had no objection to the proposed changes. June 4, 1896, I reported the matter to the Secretary with the remark that I was not disposed to favor any change from the strict terms of the contract, but aa the recommendation of the engineer wasstrongly indorsed and approved by Agent Teter and Inspector Lane, I did not feel warranted in ignoring it, having no other inform* tion on the subject, and therefore submitted it for hia consideration and decision. |