The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-16


the stone broken IN tho early part 81
the year have been spread upon lho
road, low Ia II possible 10 measure
them noWP Tho stone breakers are
lRborlnR men whose daily wages are
required to supply their daily bread,
They cannot wait nine months for their
pay. IIMr. Ferret has refused TO pay
them and kept them waiting such All
unreasonable tlnie, he ought to be re.
moved for that.
II IL no answer 10 this 10 say that the
laboreTs look 10 the contractors for
their pAy. Tie contractors cannot pay
the laborers until they are paid them-
selves, Nor Will 1t do 10 say that ad.
vances arc made from time to time, and
final settlement and payment made ut
the end OF tho year when the stone are
measured. moo
Because rs we have already said the
stone must DO spread upon the road
during tho year, and those that are left
In pile by the roadside are scattered and
packed 30 that they cannot DO neasur.
ed accurately.
But Mr.. CracraIt says II they cannot
be measured accurately when they arc
delivered the loss falls upon tho breaker.
And what right has Mr.. Ferrel to throw
the loss upon tho laborer who breaks
the stone9
Whenever his pile IA finished and
ready for delivery 1t is Mr.. Ferrels
duty TO measure II and receive It. He
has no right to put him of until the
stone are scattered and packed 30 that
they cannot DO measured accurately, or
until they are spread upon the road 80
that they cannot be measured at all.
II Mr.. Ferrel should attempt to pur-
sue such course as this, these stone
breakers would soon make tho road too
hot for him to travel.
He Is doing himself great lnjustice
by the allegation that he does anything
OF the sort. We can understand very
well that Hnal settlement may not DO
made for all, or perhaps for any par
ticular pnrt Of the stone put upon tho
road until the end Of the year. But US
the work progresses the stone must
necessarily be measured and an account
kept OF the amount furnished on each
section to furnish the data for the final
settlement at the end Of the year. It IL
assumed by Mr.. Cracralt that the stone
Rrc scattered or packed 30 that they
cannot be measured accurately that II
they will necessarily measure less than
they would Il they were measured whom
hrst broken. And that therefore the
loss must fall upon the breaker.
| II this be 30, the loss does not fall
upon tho breaker alone. The Contrac>
tor gets paid for furnishing no more
stone than he pays for breaking. And
he pays for hauling no more than he
gets paid for furnishing. So that 1t ls
not only the breaker but MIR. Hcrvey
and MIR. Ferrel also that are cheated by
delaying the measurement,
THIS Is too much for human credullty,
then how stands this matter? 1t Is
proved and not denied that the only
pile OF stone furnished by Mr., HorVey
under his contract for the current year
which has been measured, falls short
10 per cent. Mr.. Ferrel, therefore, gets
paid for hauling 10 per cent more stone
than he hauls. No other piles have been
measured to show that they came up 10
the guage. This, therefore, must be
taken as the average deficiency OF the
stone furnished. The only answer 10
this Ia, that mono OF the stone furnished
for tho current yenr have been meas
ured or accepted, and that they are all
to be accurately measured hereafter.
Thls we have demonstrated to be utter.
ly impossible, and Ia only a pretext, and
a false one at that, TO cover up an es-
tablished and admitted fraud. 1t must
be remembered that there Ia no proof
that there was anybody locked on stone
hauled by MIR. Ferrel. II any such
thing hRd been done upon any OF the
stone that must have been put OIL the
road, can there DO any doubt but 1t
would have been proved, instead OF re.
sorting to this barefHced and exploded
PretexH Falsehood and fraudulent
conCeaiment arc In law ns we'll rs In
common sense-always regarded ms the
most conclusive evidence Of fraud. It
i4 somewhat remarkable that in MIR.
uubbard's elaborate argument OF seven
columns and q half he never alludes to
this subject, but takes great credit to
hts client for not colluding with the
gntekeepers and stealing the tolls.
Who said lie lid2 We have not charged
him with anything of the sOrt. low
did he happen to think Of Il?
"YOrlIy the wicked fleo whom no inru pun
suoLh."
Forrel's Justification for his neglect Of
Tue road rests entirely upon The prOp0-
Hllion that the revenue arising from
tolls and other HourCes arc not sulli.
Client to enable him 10 keep II In any
better condition.
The Board seem to have Teoognlzsd
this excuse to some extent, by putting
on an additional gate In the hope Of in-
creastnH tho receipts from tolls. Hence
Mr.. Ferrel Nnd his counsel feel the ne
cessiiy OF assRillng and, II possible, dis
crediling Mr., Lunsford.
Because II Mr.. Lunsford kept tho
road In good condition on a much
smaller income, and left y surplus OF
1880 on hand when h0 WAS removed,
II furnishes the most conclusive evil
dence that Il Is not the want OF funds,
but the incompetenCy or dishonesty OF
Mr.. Ferrel that Ia chargeable with the
ruinous condition OF the road.
Hence, Mr.. Ferrel's counsel bring
their wonderful mathematical learning
to bear upon Mr.. Lunford's statement
of the receipts and expenditures Of the
road while he was Superintendent.
One OF them put the receipts OF
the road while Mr.. LunSiord was Su-
perlntsnlent NJ 1874 65. and the ex-
penditures at nearly $4,000. The other
put Ills receipts at $4,000, and bis ex-
pendltures az precisely the same sun,
Sl2, 900, without allowing anything for
actual labor. AS. both OF these gentle.
arc such profound mathematicians we
suppose they must both be correct,
though It passes our unsophistlCated
comprehension 10 understand how 1t
can he 80.
Let us first take Mr.. Hubbard state
mont. He says, Mr.. Lunsford was
Superintendent three years and eight
months, and that The tolls were 1880
per year, and that hls aggregate receipts
therefore were Sl2, 100.
But Mr.. Hubbard forzets TINT MIR.
Lunsi0rd testified that he received
from S37i s.
| That lie received for renl.....,.,,,,,.... gDON
For commutatIon Of Fulton toIls.... 2OO 70
roe lVt w
...'.'.St,Ulo 10
In addition 10 this the GOO perch of
broken stone on secLlonH II and 10,
which were turned over by Lunsiord to
| f1FFDl, were not nuFNhHReIl WhIIa Lima,