St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-09-09
NR. wARREN'S COMPLAINT.
Some Reasons why He Wants the
SErr.Iasnif ANerlue Paving Si0nReG.


Summit Avenue Paving stopped.
The complaint in the case of W. P.
Warner against the City of ST. Paul. the
Warren Scharf Asphalt Paving company,
William B. Dean. Ansel Oppenheim, David
r NOyes and Edward Nichols has been
filed in the district court. 1t recites the history
of the Summit avenue asphalt paving husi-
ness and asks that the contact between the
city and the paving company be adjudged
unauthorized by law. fraudulent and void,
and that it be surrendered and cancelled;
that the city be enjoined from making any
payments Oh the contract and the company
from demanding or receiving pay; also,
that the paving company be enjoined from
further interference with Summit avenue
until further order of the court. The COM
plant is long one, containing a copy of
ali the proceedings of the board of public
works in relation to the paving of Summit
avenue with asphalt. 1t rehearses the re-
ceipt of the SIS, coo bid from the Western
Asphalt Paving company, of Louisville,
with Dennis Ryan and William Constans as
sureties, which was laid over for month,
and then, as it is claimed I'M
lawfully rejected; that bids were again
received for the paving, one from the
WaTen-Scharf Asphalt Paving company
offering to do the paving for S95, 500, and
one puTporting to be from the Barber
Asphalt Paving company for S106, 27O, the
former being accepted and the contract
executed, which was unauthorized, illegal,
wrongful and void. so the complaint says.
The complaint alleges that the Warren
Scharf company procured the order for the
pavement at more than S106, 600,
ACCORDING To AN AGREEMENT
previously entered into with William B.
Dean, Ansel Oppenheim and D. r. Noyes.
whereby these parties were to do whatever
was necessary to accomplish that object,
according to the formalities of the city
charter; that the paving company, Messrs.
Dean. 0ppenheim and Noyes, represented
to the board of public works that the own
ers of majority of the frontage on Summit
avenue had petitioned for the asphalt pave
ment. and this with the intent to get favor
able action of the board. the representation
being false and fraudulent to the personal
knowledge OF ali the defendants other than
the city. Further, that the specifications
for the work were prepared by the city en-
gineer. according to Instructions given him
by the paving company. especially regard
ing details of preparing and laying the
compound. for the sole purpose of relieving
bility; that the specifications Were I'M
authorized so far as providing for bid to
keep the job in repairs for ten years.
Further, that the Western Asphalt Paving
company made the lowest reliable
bid; that the postponement of the
consideration OF such bid was wTOngfully
made at the instance of the defendants,
other than the citV, toenable them to secure
the letting of the paving to the Warren
Scharf company at higher, eXOrbtant and
unreasonable price, thereby acting fraudu-
Ientiy and cOrruptly with intent to suppress
competition, and to cheat the plaintiff and
ali others to be assessed. The complaint
alleges that between the time the first bid
was made and the second bids were re-
ceived. an agreement was made between
the Western company and the Scharf COM
pany and its associates
IN THE COMBINATION
that in case the first bid was rejected the
company offering it should not bid again,
in consideration Of receiving part of the
profit on the job. The complaint charges
that the bid purporting to be from the
Barber Asphalt Paving company was a
sham, put in by defendants other than the
city, and that the defendants denied, before
suppress competition or securing the job
to the Scharf company, making this denial
with the intent of influencing the
board to accept the latter company's bid.
Further allegations are that Summit avenue
is now being made dangerous for travel,
etc, and that Defendant Nichols took no
part in those occurrences until the bid was
made, but is now the agent of the company,
that there was a profit III. the job of $50, 900
under the SIS, 000 bid, and the other bid
was unreasonably high, to the knowledge
of the board of public works, that the SUBJ
stance called asphalt is only obtainable in
the United States th0rugh the three COM
panleS named.
WHAT IS SAID OF IT.
w. P. Warner did not wish to. be inter-
viewed on the matter, but said that before
the case was completed every one con-
nected with the paving job would be thor
Oughly disguised with it. The reason he
had not applied for a temporary Injunction
was that all the work now being done on
the avenue would be necessary for any kind
OF pavement, and no harm was being done.
NOT MUCH WORRIED.
w. B. Dean was asked last evening about
the different points alleged in the COM
plant He said that his only connection
with the paving question had been as pres
iGent of the Summit avenue improvement
club. which had requested him to represent
them before the board and either obtain a.
postponement of the consideration of the
first bid, or its rejection. This postpone
ment was granted in order to inquire into
the reliability of the Western Asphalt COM
pany to do the work properly, The finan-
oIa ol1ilifv Of tho oorOpoY,x, 1o,,o. I~o1..
questioned. Mr.. Dean said there was no
previous agreement with the Seharf com
pany. as the residents of the avenue could
not make any as alleged in the complaint.
but in looking up the cost of the work the
Seharf company had been consulted. He
said he had seen the complaint but had.