The record-union., 1893-01-11
qENTH-STREET PAVEMENT.
Heated Discussion Over Its Acceptance
by the Trustees.
The Mayor Changes His Opinion, tut
the Other Members Vote to
Accept the Work.

A special meeting of the City Trustees
was held yesterday to act on the appeal
which certain Tenth-street property
owners had taken from the report of
Street Commissioner Green approving
the work of Contractor Adrian Smith in
laying the asphalt pavement between
J. and y streets.
There were few of the objecting citi-
zens present, accompanied by their coun-
sci, r. I. Devlin, also some cement-walk
contractors who had been called in by
them as experts. The cause of the in
quiry was the alleged poor quality OF the
concrete foundation on which the asphalt
was laid and which was examined on the
preceding day by all the Trustees and
PRONOUNCED satisfactory.
Mayor Comstock was the first to eX-
press himself on the subject. He thought
the work had been done according TO con-
tract and that it was good work, still he
believed the board should hear what the
dissatisfied property-owners had to say.
Street Commissioner Green said he be-
HeVed the work was well done; at all
events, the contesting parties should have
made their objections known while the
work was i'll progress and not wait until
II had been completed.
Colonel James McNasser expressed
himself as satisfied with the character
OF the work, and had refused to sign the
protest.
Several of the cement-Workers were
then called upon for their opinions, and
they agreed that some OF the concrete was
good and some poor. Generally, they
thought there was lack Of cement, and
one ot the experts admitted that he had
never before examined street work
Contractor Smith argued that he had
done the work according to the specifica-
tions-in fact, had used nifty barrels more
OF cement than was called for and some
500 worth more OF asphalt.
Then followed a long and sharp debate
over the matter, in which J. l.. Siller and
Mr.. Devln held that the work was not
properly done, and that it would be in
nicting robbery upon the property-own
ers to compel them TO pay Tor it.
City Engineer Boyd said he had
watched the progress of the work closely,
day by day, and knew that the contractor
had fulfilled the terms Of the contract and
more, too.
After a wrangle of an hour OF more
over the matter Mayor Comstock said he
had hoped that the complainants would
have changed their minds alter the in
spection made on the preceding day, but
he had talked with Mr.. Whitbeck, DIR.
Simmons and some others, and they still
remained of the opinion that the work
was not good. Under the circumstances
he did not see how the board could accept
it.
"Mr. Mayor" asked Contractor Smith,
"how do you reconcile this view with the
statement you made to me last night
that in your opinion the concrete was
good and the job done according to con-
tract ?''
"Wen, did say so," replied the
hTrt
Here one of the property-owners inter-
rupted and the Mayor did not finish his
explanation.
Trustee Corklin said it appeared from
all the facts in the case that the contract
had been carried out according to the
plans and specifications. If the latter
were in any way detective, or fell short
OF what was necessary to provide for
solid concrete, and il, as had not been
diSproven, the contractor put in more
cement than was called for, then, in his
opinion, the contractor should not be
made to suffer.
Mr.. COnklin then quoted from the law
on the subject to show that, in order to
sustain an objection to the acceptance of
street work, it must be shown that the
Specifications were not complied with.
Street commissioner Green said that in
his opinion the work had been done in
accordance with the contract, and no tes-
tiInony had been offered to convince him
that such was not the case. Certain side
walk contractors had testified that the
concrete was poor, and yet there are side
walks all over the city, which they con-
structed, the cement and concrete of
which was wearing out under ordinary
foOt-travel.
After some further remarks all round.
Trustee Conklin moved that the action of
the Street Commissioner, in approving
the work, be sustained.
Mr.. DeVlin entered a formal objection
on the ground that Mr. Green was NOT
legally entitled to vote in matter that
was substantially an appeal from his de-
cision.
roll-call was demanded, and Trustees
Green ana COnklin voted aye.
The motion is carried by majority
vote of the board, ;" said the Mayor.
How did the Mayor vote?' asked At
torney Deviin.
Weller, I'd rather be excused from
voting" said Mr.. Comstock.
But" said Mr.. Devlin, II would like
tie record to show that your honor voted
against accepting the work"
And |" added Trustee Conklin, 'pre-
fer that the record should show how each
member of the board voted.'"
sin that caSe,' said the Mavor. deliber-
ately, Il shall have to vote no."
And there the matter ended, so far as
the trustees were concerned.
THE CONTRACTOR SUED,
In the afternoon certain creditors of
Contractor Smith filed a complaint alIer-
ing that there is due from him the sum Of
SI,1O0. Due notice was served on the
property-owners liable for assessments
that the same had been attached by the
plaintiffs.