Evening capital journal. (Salem, Or.) 1888-1893, 1892-08-24

haul his gravel from the gravel-bar
selected by them. These specifica-
tons as ordered by Alderman
Moores read as follows in relation to
gravel:
GRAVEL.
"Upon the surface of the subgrade
prepared as heretofore specified,
gravel selected and approved by the
committee ON streets and public pro-
perty, and the city surveyor, which
shall be free from loan, earth aud
other deleterious materials shall be
laid of sufficient depth SO that when
it is wet and rolled, the whole of
the upper surface thereof shall con.
form to and be the same as the finish
ed surface herein described. 1t shall
then be properly wet and thorough
ly rolled with roller weighing not
less than 200 pounds to the inch for
each and every inch of length thereof
and shall he rolled until brought to a
uniform surface aud of the proper
height, and to the satisfaction of
the committee on streets aud public
property and the city surveyor.
/ am informed that the street COM
mittee, or some of them at least, and
the street commissioner did go down
and select gravel-bar from which
Mr.. Mason hauled the gravel from
TO do the Chemeketa street work
with. l protested against this
change and went around to every
man having anything to do with
The signing of the contract on the
part of the city, before the contract
was signed, and gave my reasons
why l protested, as my past expert.
ence had been that l was the person
upon whom all blame of things
done by members of your honorable
body was laid no matter whether /
had any thing to do with it in fact OF
not, aud 1 made up my mind that
as you had reduced my salary, l
could not afford this any longer and
that each member of your body,
thereafter, should carry his own
burden and l would carry only my
burden, and that no blame should
rest on me which belonged to some
one else. But Notwithstanding all
my protests, the contract was exc.
cuted with this substituted set of
specifications attached, and the city
became bound by something 1t
never intended to enter into. and
the work has been performed under
the substituted specifications. j
am no judge of street work, but
many persons who claim to know
what street work is, say that 1t il
very poor job and that the street in
many places is almost impossible
with ordinary loaded teams, I do
not venture an opinion as to this
1t is contended, however, by many
that If you would put good coat
Of sand upon this gravel and roll it
in well and then place upon the top
of it course Of fine gravel it would
make good street, If such be the
fact, then the specifications which
the ordinance contemplated would
have required the contractor to have
made this kind of street. Now,
upon these facts / have given my
opinion that it will be nearly i'm
possible to collect this assessment II
the property owners contest. COD
slider l have done my duty in this
matter and have tried to keep you
out of unnecessary litigation, and
never have advised you to under
take suit which / did not belieye
you could win. My idea is
when the city undertakes to i'm
prove streets at the expense Of the
on the street that 1t IL the
agent of the property owners at
whose expense 1t is undertaking to
do the Improvement, and that 1t
must do business with the same
care as an ordinary prudent business
man would do in his own business
affairs, and that II Is responsible |
for doing poor work when good |
work would have been done for the |
same money when its officers either
gnorantly or willfully cause 1t to be
lone. / am certain a. TO what the
aw is between private individuals
N relation to such matters and /
nave given my opinion on the sup
position that city councils could
assume no greater rights than indi-
'lduals In relation TO these transac-
ions, and that the city would be
leld to the same accountability as
'ther agents. My ideas Of justice
nay be narrow and contracted, but
{ am wrong and the law permits
you as agents Of the people to do
bis kind of work and expect them
o pay for 1t, which the law would
lot enforce between private individu
lis, shall be glad TO be informed up