Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-09-21

city engineer for report as to cost, relative
merits, right to use etc., such report to be
submitted at an adjourned meeting to be
held at 8 o'clock this morning.
PROTEST.
Mr.. w. M. Fileston stated that as to the
Phillips patent pavement, he held the Ii
city, and that bid by any other party for
such pavement could not be complied with.
The specimen of the pavement before the
board was furnished by him. The so-called
Ballard patent he said was an infringement
upon the Miller patent. The Miller patent,
he said, covered the truncated wedge shaped
blocks while the Ballard patent simply COW
cred a machine for cutting such truncated
blocks. He further stated that suit was
pending against the so-called Ballard patent
for infringement of the Miller patent.
IMPERFECT SPECIFICATIONS.
Mr.. John E. O'Brien, contractor for the
lateral sewer and grading on Summit avenue
forbidding the removal of surplus dirt from
said street by the Rice street contractor, the
removal of such dirt being embraced in his
contract.
The protest was referred to Mr.. Timme,
the Third ward member, for examination
and report, but subsequently Engineer Sew
all and Mr.. OBrien, both being present, the
matter was taken up and Mr.. Sewall stated
that in letting the contract for the Rice
street improvement, the contractor had been
given dermission to remove the sur
plus earth on Summit avenue, being
allowed Is cents yard for such excavation.
At the time this contract was made it was
supposed the Rice street improvement would
| CT Lafo ~
was commenced. In the specifications for
the Summit avenue lateral sewer only sucn
grading was intended as to put the street in
proper shape after completing the sewer.
Mr.. O'Brien stated that the specifications
covered the removal of all surplus dirt on
the avenue; that in making his bids he had
put certain portions of the sewer work very
low, making himself good on the price
charged for excavation, and at the time he
put in his bid he knew noIhing of the Rice
street contract. He claimed that
his bid taken together was the lowest
made for the work, and that if not
allowed to perform the entire grading as
| contemplated in his bill he would suffer loss
and that he was entitled to the work under
the specifications furni he'd by the engineer.
To Mr.. Becker the engineer said he had
no doubt the contract under the specifca-
tions covered all the work upon the street,
but it was supposed when made the Rice
street contract would be completed.
During the explanations which followed,
it appeared that the difference against the
city for removing the surplus dirt under the
Rice street contract, and that of Mr.. OBri-
ems, was in the neighborhood OF $500.
Mr.. Becker thought the specifications
ought in all cases to be explicit in such cases
covering all the facts, suggestion Mr.. Sew
all acknowledged, but again excused himself
by saying that he supposed the Rice str eel
contract would be completed before the Sum.
NIT avenue work was reached.
Finally the matter was referred to the city
attorney for report.
How the matter will terminate cannot nov
of course be told, but it looks as if the city
will be called upon to pay dearly for little
want of care in drawing up the specifca
tions in the Summit avenue contract.
CEMENT PIPE.
Hon. Geo. L. Becker, to whom had beer
referred the matter of the use by the city Of
the cement pipe manufactured by Messrs
Durham & Jones made verbal report. HI
said that in his investigation there had beer
submitted to him great number of testi
monials, some highly recommending the
pipe, and others as earnestly condemning it
He did not know how to account for theil
adverse opinions except on the theory that
some manufacturers made good article ano
others an inferior article of pipe. He had
he said, closely inspected the pipe manufac
tured by Mcssrs. Burnham & Jones
and it seemed to him tc
be first class article il
all respects, and from what he had learned
through his investigation, he was free to say
were he to buy for his own use, he shoulc
give this pipe the preference. So far as the
city was concerned, he believed it the true
policy to encourage home manufactures az
far as possible. Under the rule now adopted
by the engineer, this pipe was virtually ex
cluded from being brought into competition
with vitrifed or clay pipe manufactured
elsewhere, by proviso subjecting it to {
test, imposing large expense upon The
manufacturers. Believing the pipe to be al
right, and the manufacturers announcing
their willingness to give the city a writer
guarantee the pipe will answer the purpose
think the city should place the manufactur
ers on the same footing as to tests ETC., as tn,
manufacturers of other pipe.
Engineer Sewall being called upon said b,
did not think it safe to use such pipe withou
first submitting to the test now required H,
had no desire to discriminate against this pip
but favored using home productions where
ever such could be used without detriment tx
the city's interests. The pipe was in u.s.
when he came to the Office, and it was con
demmed as unsafe by the officers preceding
him. The danger of using such pip
was that the weak spots and cracks coult
not readily be detected without the test, al
in the case of vitrifed or clay pipe. Hi
only desire was to protect tho interests o
the city.
Mr.. O'Brien, the contractor, present, CAV
it as his opinion that the cement pipe O
Messrs. Burnham & Jones was equal to an,
other pipe in use in the city.
Mr.. Jones, of the firm, announced thei
willingness to give the city written guaran
tee against loss, whereupon Mr.. Becker of
fered the following resolution which wa
adopted.
RESOLVED, That in making specifications fo
when pipe is required for use, the city enginee
cement pipe manufactured in St. Paul tn
same facilities as are allowed to vitrifed O
clay pipe manufactured elsewhere, upon condj
ton that the manufacturers give the CITY
written warranty that the same will answe
the purpose for which it is usen.
| WORK OF THE BOARD.
Mr.. Rice offered the following, which wa
adopted:
| WHEREAS. His Honor, the Mayor, in q com