arts & Education
Continued from page 17 for the construction of the buildings, cisterns, etc. for the Point San Luis (San Luis Obispo), Cal., light-station was finally completed on 14 May ’90.
constructing the buildings and improvements has exceeded the contract price by nearly $9000, which sum will be a loss independent of any penalty imposed...The work has been performed in a perfectly satisfactory manner, with one exception, the element of time…
This contract should have been completed 15 December ’89, the penalty provided for the deTwo months later, Kenney’s attorney sent a lay being $25.00 per day. The number of days’ follow-up letter, this time pointing the finger delay was 149 ½, and the forfeiture incurred at Bolan: was $3,737.50. In addition to the considerations submitted The Engineer of the 12th Light-House Dis- and the reasons given on a former occasion …I trict reports that the delay was not occasioned by respectfully submit the following, regretting the any fault of the Government, nor by bad weath- necessity of indulging in any personalities in er, but was due to indifference, carelessness, and this connection. lack of ability on the part of the contractor, who throughout a great portion of the time neglected …Through the prejudice of the Government his work by absenting himself therefrom. Inspector in charge of the work, the contractor was retarded at almost every step… …In view of the facts set forth in the report of the Engineer of the 12th Light-House Dis…the Inspector proved himself arbitrary, trict, the Board recommends that the forfeiture willful, and very abusive. Shortly after the incurred for delay be enforced. work started, the Inspector caused repeated trouble with the men. Two of the best foremen the contractor could secure left on account of the overbearing manner and abuse of the Inspector. The contractor was continually applying to the employment agencies for men, for besides the difficulty in securing men on account of the weather and the inconvenient situation, many would not come because it was known that the Inspector’s abuse caused men to leave after a few days stay. Many would not come unless their fares were paid in advance because they were not sure of steady work on account of personal differences between the men and the Inspector. …At times the Inspector would come on the work under the influence of liquor and howl at the men without cause and sometimes, when in After losing his shirt on the contract, Ken- this state, threaten them. Thus he would keep the ney left town. At the time of his death, he men ill-tempered and impair their usefulness… was living in Soulsbyville, Calif., pursuing mining interests. …the Government got good buildings, well-constructed, with more labor and mateIn 1897, Kenney hired an attorney to write rial than was bargained for, and Kenney was to the Lighthouse Board on his behalf. The absolutely penniless because he faithfully carried attorney argued that there were a number of out and performed his work. circumstances beyond Kenney’s control, particularly “the incessant stormy weather.” The How the Lighthouse Board answered is attorney claimed the winter of 1889–90 was not known, but we can guess. “the most severe in the history of the State,” and asked that the unprecedented winter be Kenney died in August 1899; his wife four considered an act of God, and therefore a years later. Their daughter Grace was named valid excuse for the delay: executrix of Mrs. Kenney’s small estate. Such weather not only caused delay in the actual construction of the work but in the transportation of materials and in securing workmen to stay on the coast, besides the additional expense of employing an average of 25 to 30 men. …The actual expenditure by said Kenney for 18 | may 2022
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I built a light house plant for the Government at Pt. Harford, San Luis Obispo Co., in 1889 and 1890. I was 149-1/2 days over the time I was to have the plant completed. Through the agents in charge of the 12th district, and their recommendations, I have been kept out of $3,737.50... I wish to say to you that it was the rain of 1889 and 1890 which was the principal cause. …The heavy rain compelled me to suspend operations entirely for weeks, and I could not put wet boards in the building for the inspectors would not allow it. I sent a petition to Washington asking for an extension of time. It was not granted. You know that no man has control of the elements. Other contractors have had extensions of time granted them, and I cannot see why I should be a special target. I am up in years and am poor with a family to support. On February 15, 1912, the Commissioner wrote back: …On July 27, 1889, a contract was entered into by Mr. George W. Kenney with the Engineer of the then Twelfth Lighthouse District for the construction of certain buildings for lighthouse purposes near San Luis Obispo, California. The time of completion was set at December 15, 1889, and the work was finally completed on May 14, 1890, liquidated damages in the sum of $3,737.50 being incurred thereby. Mr. Kenney filed a number of petitions and letters protesting against the enforcement of this provision, which were duly investigated and reported upon by the Light House Board and on July 17, 1890, a letter was addressed by the Board to the Secretary of the Treasury recommending enforcement, which action was approved by the Secretary on the same date. The matter was subsequently reviewed several times, and on each occasion, the original recommendations were concurred in by off icers of the Board… From careful examination of the correspondence on file bearing on this matter, the Bureau is of the opinion that the findings of the Lighthouse Board were correct and just.
Twenty-two years after the lighthouse was built, efforts to recoup some of Kenney’s losses It was perhaps in Grace’s capacity as ex- finally came to an end. ecutrix that, on February 6, 1912, one more attempt was made to recover Kenney’s penKenney’s attorney was right, though, when he alty charges. Grace’s attorney wrote to the argued in 1897 that “the Government got good Lighthouse Commissioner, enclosing a copy buildings, well-constructed.” Kenney, even if still of an undated letter written by Kenney ex- bitter, would be proud to see his lighthouse now, plaining the delay: 132 years after it was finally finished. Central Coast Journal
4/19/22 9:09 PM
