The record-union., 1893-01-10
TENTH STREETS PAVEMENT.
A Lengthy WrangIe Before the Beard
of Trustees.
Dissatisfied Property Crow
About the Concrete Used-A
New Test Ordered.


cent asphalt paving job done by Adrian
r. Smith on that street. The petition set
forth that the work had not been done in
a good and substantial manner; that it
had not been done according to contract;
that the cement used was not properly
mixed, and was not of the quality called
for by the contract. The petitioners asked
Tor an opportunity to show to the board
that what they say is true, and they want
the contract declared on-that the con-
tractor be compelled to do the work over
again.
The petition was signed by Frank
Miller, ID. d. Whitbeck, Dwight Miller,
Dr. G. l.. Simmons, Ii. G. May, a. Coo
lot, J. w. Marsh, Charles McCreary,
Minnie G. Clark, l.. \. Nottingham, Mrs.
y ufe, Mrs. Thompson, Mrs. NJ. j. Will
iams, Mrs. NJ. G. Menke, NJ. E. Dickman,
i. c. Knauer, Mrs. 4. q. Lehman, Jennie
Conran, John We'll, Mary y. Niler, and
SiIler Bros.
WITNESSES TESTIFY.
Mr.. Devlin said he represented the pc
tiuoners, ana was prepared to give the
board some evidence.
Trustee COnklin was not sure whether
or not this would be tho proper method of
procedure.
Contractor Smith said he had no oblec-
ton to the witnesses telling what they
knew, Or thought they knew. Last Sat
urday he took the Mayor, Mr.. Green and
the City Exgineer to Tenth street and
digging up portions of the pavement,
showed them that everything had been
done according to contract. Hewas will
ing TO cOncede that the concrete next to
the electric road rails was not in good
condition-that 1t had been Jared into a
crumoling condition while drying by the
vibration of passing cars.
The Trustees agreed to hear some evil
dence and Mr.. Devlin called d. \.
Tiegart, a cement sidewalk-layer. Mr..
Iiegart said he had paid some attention
to the Tenth-street job and did not be-
lleve it was a good one. The concrete
had not been properly mixed, the cement
used was OF an inferior quality. He did
not believe that the vibration of passing
cars would have the effect Of floosening
tie concrete.
In answer to questions asked by Trus-
tee Conklin Tiegart said he had never had
any experience i'll street-paVing.
Contractor Smith also subjected the
witness to a cross-eXamination.
NOT ENOUGH CEMENT.
J. II. McGillivray, another stone side
walk man, SAID he had made a thorough
examination of the pavement next to the
rails which had been torn up by the
Central Electric Railway Company.
Near \ street the job was a good one, but
toward l. street the concrete was not of
good quality, there was little or no
cement used, only broken rock and sand
being found.
on cross examination by Mr.. Smith,
the witness said he did not know any
thing about the pavement except that
portion which had been torn up next to
the rails.
MIR. smith incidentally reminded the
board that the two feet torn up was not
being paid for by the property-owners
that it was to be paid for by the railroad
company.
John Siller began to subject Mr.. Smith
and Mr.. McGillivray to an examination
when Trustee Conklin intertered and
said the boards time was worth some
thing, and he thought the examination
was growing irrelevant. Any facts that
could be placed before the board would
be acceptable, but he did not want any
more guess work.
Mr.. Devlin said that Mr. Siller wanted
to show that one-third less cement was
used in the concrete than required by
the contract.
Trustee Green said he would like TO
hear City Engineer Boyd's report. That
official was the city's advisor on contracts
and had watched the Tenth-street job.
ENGINEER BoYD's REPORT.
Mr.. Boyd said he not only kept his eye
on the work, but also employed an ex-
pert to stay on the street from morning
until night. He then read the experts
report, which was to the effect that the
materials used in making the pavement
were all according to contract. In some
instances the material was better than the
contract called for. Mr.. Boyd said his
own observations were that, except that
portion OF the pavement next to the rails,
it was all good. Next to the rails the
cement had not set, because Of the vibra-
tiCn Of the cars. The railway bed was a
poor one, the ties varying from four to
six feet apart, permitting the rails to
siuk from one-quarter to TWO inches un-
der the weight Of the passing cars.
Attorney Devlin began TO cross Ques-
ton the engineer and the two got into a
n lengthy ana heated wrangle, in which
Mr.. Siller finally became involved.
When the noise quieted down, d. D.
" Whitbeck testified that one of the over
seers Of the Job told him he had consider
able trouble getting the men to mix the
concrete properly. In answer to ques-
tiCus asked by Mr.. Conklin, Mr.. Whit
beck said he knew nothing about the
merits of the pavement himself. So far
as he knew it was a good pavement.
WHAT THE MAYOR SAW.
Contractor Smith asked the Mayor
for his opinion OF the work, after the in
vestigation last Saturday. The Mayor
said he was not an expert, but the con-
crete looked all right.
Trustee Green said he considered the
pavement good and added that State
Treasurer Mcdonald, who also witnessed
The tests, had expressed himself as
pleased with the pavement.
Trustee Conklin said there was moth
ing to be gained by prolonging the
Trangle. The street Superintendent and
the City Engineer had recommended the
work as being according 10 contract, and
he thought that was enough.
Attorney Devlin then made a lengthy
argument in favor of another official ex-
animation OF the pavement. He wanted
the board to appoint committee of citi-
Zens TO tear up portions OF the street.
Mr.. Conklin said the board did not care
anything about lawyers technfealities.
" hat the board wanted was facts. He
had heard nothing in the testimony
offered to convince him that the Street
Superintendent and the City Engineer
had made wrongful report. He was
satisfied to drop the matter.
\ desultory talk followed, in which the
Mayor said he thought that owing to the
prominence OF the petitioners there
should be another test, and Mr.. Greer
declared that the board shouldrespect his
report.
Mr. ConlSlin suggested that the Stree
Commissioner be sustained. He said the
latter's opinion, with that of the City En-
gineer and the Mayor, was enough foi
him.
Contractor Smith said the property
owners could tear the whole street up i
they wanted TO, provided they would re
pair it. He did not feel like standing the
expense himself. He said that there were
several property owners who had pub
licly declared that no matter how gooC
the pavement was they would not pay
thhir aSspssrnn,nts