The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-07-31
ON THE JASPERITE.
THE OPINIONS OF WELL-KN0WN
LAWYERS OF THE CITY.
What the Attorneys of Wichita Think
Of the Final Issue in the Jasperite
Case-The Opinions are Many and
Varied--Some Interesting
Facts for Taxpayers.

Jasperlte fraud pavement has been revived
The people of this city, business mer
and those resident here, seem to be of one
opinion in relation to the jasperite, anC
that is thatiit is fraud. One recognizes tht
deep interest which the taxpayers feel IL
| the issue of the case just fled.
An EAGLE representative interviewed {
number OF the attorneys of this city to ge
their legal opinions upon the case. 4
number Of the attorneys the reporter
called upon were not prepared to give al
opinion upon the subject. The following
however will give very good idea Of the
trend of the minds of the lawyers of thi:
city who have examined the question Of
know of the merits Of the case. Aswill bt
seen the attorneys differ upon the ques
ton and the outcome OF the case. The
first man called upon was Mr. c. F. Coffin
the counsel for Mr.. Wilson, the jasperitt
contractor. He says:
1--WE have great confidence that the cast
will be won upon its merits. The case will
| hinge on the Interpretation of the
contract as drawn between the city and
Mr. Wilson. flour theory is correct Mr.
Wilson viii win the case. If in error the
case will be more difficult for the con
tractor"
Harry Gordon, the city attorney has tc
say: The city has been officially notified
of the suit and the matter has been placed
in my hands. I am now engaged in plan
ming the defense. do not desire to give
my opinion upon the legal points involved
in this case. However, | am of the opinion
that Mr. Wilson will be great many years
older before be ever collects one cent fol
the jasperite from the city. We propose
to defeat his action"
Col. James r. Hallowell when asked bis
opinion, stated: If Mr.. Wilson has fully
complied with his contract, then he is
entitled to recover. My partner, Mr.. Cor,
don, insists to me that Mr.. Wilson cannot
recover"
Kos Harris-If the city will fight Mr.
Wilson in this case, the city will beat
There is no pavement to pay for.
John Hume don't know much about
the merits of the case, but in my judg
ment the city ought to win. 1t would be
an outrage on the taxpayers if the city is
compelled to pay for that pavement.
Senator Bentley have noticed that
Wilson, the jasperite paving contractor
has begun SUIT He was careful to begin
same in the United States court, evidently
fearing a local jury. The city has a good
defense and can win the suit. The pave
ment is worthless. The base on which il
is laid is good, and could no doubt be
utilized in putting down other pavement
/ am sorry that the pavement is worthless
as when the same was laid it gave promise
of a handsome and durable street. Plenty
of evidence can be produced to win the case
for the city.
J. G. Bentley have noticed the jasper
ite paving from the start. | carefully in
spected same when it was laid. 1t is now
worthless and has always been so. The
city can win the case. The suit will stand
upon exactly the same basis as a suit be-
tween two individuals.
Mr.. Bouch-The people of Wichita
certainly want the city to win and ought
to from their standpoint. but from legal
standpoint the city will have hard time
TO win the case. There will bea prolonged
litigation before the case is decided.
Z. A. Rohrbaugh-Neve examined the
contract between the city and Mr. Wilson
and know nothing whatever of its pro-
NIStcLiS, JAlGI tLOAt IAll say ~ IlObLOA CLNAC
has been breach of contract. Hence,
can give no Intelligent legal opinion and
nothing short of a good round fee would
induce me to inform myself on the matter.
f. X. misunderstanding that the city S
rights have been properly protected up to
this time, it would seem to me that the
condition of the pavement as l have seen
it, would make It it impossible for the
contractor to recover for the work.
Otto Eckstein--If the contract was
properly drawn by the city attorney, and
the Jasperite company did not come up to
the requirements of the contract, they
cannot collect for it. l have never exam
ined the contract and can give no legal
opinion.
W. b. Throckmorton-In my opinion
the city can only be held for that portion
for which the estimates were accepted.
The jasperite contractor guaranteed TO
keep the pavement in good condition for
five years, which they have not attempted
to comply with. Therefore, as there is a
breech of contract the city is not bound
to pay the wholesamount.
w. L. Sturdevant-Wilson has a good
case and think he can recover If the con-
tract is as l understand it. ! speak from
a legal view and am not prompted by my
personal desires in saying this
VI. {. Stanley DO not care to give a
legal opinion upon this case. I know,
however, that the pavement is in a de
plorably, bad condition. | would have
called upon the mayor long ere this were
it not for fear of having my buggy
smashed in driving down that way.
Ex-City Attorney Wilson says-The
contract with Mr. Wilson, the contractor,
Is identical with the one the
city had with the Asphalt company
1t IS as strong contract as can
be made for the city and protects the in
tereSts of the city as much rs a contract
possibly could. 1t provides that the work
be done according 70 certain plans and
specifications TO be made by the city en-
giueer. As to the probable issue of the
case. have no doubt but that the city
can win I understand members Of the
paving committee Of the council of the
last administration affirm that It was not
put down according u the plans. Other
things behind the case viii enable the city
10 win. I believe this sult as uled in the
Circuit court i bluff 10 scale the city
into making 4 compromise.
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