The morning times., 1895-08-30
Garbage Crematory Company De-
mands Right of Precedence
ATTORNEY JEFFORDS' PLEA
New Phase of the Controversy Over
the Incinerating Systems-Possi-
Contingencies-Co Railway
and the Fender Regulations.

their proposition to have introduced here
the Smith crematory system for the de-
stmction Of garba &c and the managers or the
Dixon system viii contend that without
having first tried their method the Commits
sioners cannot lawfully substitute another
in its place The contractor, Mr.. War
field. win not agree to the adoption OF the
Smith system without sufficient guar
antee against loss in case the crematory
fails to give satisfaction, and a possible
suit atlaw is inprospect in either of two con-
tingencies.
These are the chief features at present of
the ever-interesting garbage question.
The possibility Of Il law suit grows out
Of two propositions.
WHAT WILLPROV OVOKE a SUIT.
If the Commissioners decline to make
practical test Of the Dixon method, by re-
curing the construction OF a Crematory
OF that pattern, the managers Of the system
viii seek to enjoin the board from operat-
ing a different plant This much appears
TO be the logical deduction from the con-
tention OF Attorney Jeffords, who yesterday
represented the Dixon people before the
! Commissioners, at hearing with refer
ence to the contract.
The other proposition is that upon de-
clination Of Mr warfield, should hcdccline,
to accept the smith crematory at the sug-
gcsiion of the Commissioners, they viii
require, by suit, if necessary, that he ful-
fill his part Of the agreement implied and es-
tabliShed by The riliug Of his bid ami its ac
lcepianCc This viii also involve the for
fciture OF his deposit OF $4,000 left with
the collector at the time of making his bid,
TO insure the prompt execution of The con-
tract
Wren Mr. Jeffords addressed the Commits
sioners yesterday, which he did at late
stage of The proceedings, it was to remind
them mat when Mr.. Warfield filed his bid
he stipulated that he would erect "a Dixon
crematory or some other crematory that
should bc satisfactory to the Commits
siOners," and that in accepting his bid the
board obligated. itself to a trial 81 that
method before abandoning il. He was in-
/ terrupted before proceeding very far in his
{ argument by Commissioner TrucsGell with
4 the remark that there was no intention upon
I the part OF the board to leave out the Dixon
+ system.
MR. JEFFORDS SATISFIED.
Then ! have nothing more to say, gen
uemen: ! thank you" said Mr.. Jerfords.
When afterwards questioned as to his
understanding of what was mean mt by Col
/ onel Truesdelrs admission, Mr.. Jerfords
/ said that il near. = trial must be given the
Dixon cermatory, and that unless it proved
to be an unsatisfactory method, 1t must be
adopted.
Later, when members or the board, in
cluding Mr.. Truesdell, were asked if the
1 Smith system would still be insisted upon,
the answer was in the affirmative. The
only chance Of a trial being given to the
Dixon method, upon that state OF affairs,
! is in the event that the two chosen by the
Comm issioners shall prove to be unsatis-
| factory.
The hearing yesterday was mainly upon
the refusal OF the contractor to execute the
bond and the presentation of his reasons
therefor. The proceedings had were princi'
| pally in duplicate OF the previous hearing
as told in The Times. Attorney Davis
| briefly restated Mr. Warfields objections
to signing the contract, and the Commits
sioners gave no evidence of yielding the
point
The Smith agent has assured Mr.. War
field that the syStcm can be demonstrated
TO be quite as economical in its operating
4 expenses, and that crematory can be
built at as small cost as that of any other
company.
SMITH COMPANY WILL GIVE BOND.
There win be a consultation in Baltimore
on Monday, when the Smith Company VIII
be represented, its agent said, by those
who VIII be prepared TO file an indemnity
bond and make good the claim Of economy
Of construction. Meanwhile there is the
| Dixon Company with its claim of priority.
| What its representatives viii do is as yet
in the future, except as was outlined yester-
day.
The result OF the hearing was to give
Mr. warfeld until Tuesday morning next
for further inquiry and conference.
The fender question arose yesterday in a
mild form, but there was sufficient dis
cussion Of the theme TO indicate anew the
settled purpose OF the Commissioners TO
| enforce the regulations President Baker,
| Of The Columbia Railway, addressed lett er
TO the board on the 26th instant, in which
he stated that the cars on his road were
already provided with a satisfactory
equipment. and desiring to know whether
or not his company was to be required to
adopt a third fender.
In their reply the Commissioners state that
they do not require three Tenders To be at
tached, but 90 require compliance with the
! fender regulations which call for the Blacks
ton wheel-guard.
WILL NOT DISCRIMINATE.
!
washing ion and dGeorgetow Accompany made
| application for authority to equip its line
with the wheelguards he has on his line
and was refused, and the board cannot con-
| Eistenuy make an exception in the Columbia
case.
The Commissioners have signified their
| intention Of issuing notices September l,
TO the derelict companies, 10 comply with
| the law or suffer the consequences.
The ordered yesterday, that
Dr. r. u. Boss be appointed temporarily
to the office Of medical sanitary inspector,
vice Dr. John +. Walsh, on leave, the ap-
pointment to take effect September 1, at
the compensation rate of 81 200 per annum.
Or. @. C. Clark was appointed to succeed
DR. Boss as physician to the poor, during the
latter's incumbency of the office of in
| spectOr.
Building permits issued to-day: B. F.
Schneider, dwelling, Takoma Park, ST. 900;
Richard Rothwell, office building, corner OF
Twelfth and streets southeast, 500;
Amelia b. GIL, repairs to dwelling, No. 154
East Capitol street, 81 600; Mr.. Body, i'm
provements to dwelling, corner of Pierce
and HaTisenA5treets, Anacostia, 81, 200.
The committee appointed to go over the
evidence in the Walsh investigation in
the interest of eX-Fireman Wenzel held a