The morning times., 1895-08-28
MAY GO INTO THE COURTS
Objects 10 Conditions the Commits
sioners Are Seeking TO Impose Upon
Him-willing to Take Either the
Brown or Dixon system of Incinera-
tion-A mother Consultation.

ine carnage CONTRACTOR VIII nave 10 NC
adjusted or the contract will figure on the
calendar OF the civil court.
This con tingency presents itself, but
there is an alternative, and that is the
abrogation of the proceedings thus far
had in the matter of securing bidder, and
the readvertisementfo for proposals Judging
| from the language of the Commissioners and
the temper OF the contractor, as manifested
yesterday and heretofore, the latter al
tentative is not a probable solution of the
| difficulty.
The trouble has arisen over the selectionof
a system of garbage disposal. Mr.. War
field objects to the Smith crematory, and
| presented in detail the objectioEs to the
| system that were outlined in The Times of
yesterday.
WHOLLY UNSATISFACTORY.
The contractor described the system as
wholly unsatisfactory, and declined TO
undertake its introduction into Washing
ton. He also excepted to the requirement
imposed by the Commissioners that he
! should adopt a system OF their selection
without having it specifically understood
that it was indoTsed by the board as sani-
| tary and satisfactory. He does not want
! to be subjected to the possibility of fire.
! quent changes in the method OF destruction
/ during the life of the contract.
hearing was given at O'Clock yes
! terday to the contractor, and incidentally
/ TO the representatives of the Dixon crema-
! tory, as to the methods of the competing
methods. There were present MessrS.
! Edward and Joshua Warfield, Attorney
! H E. Davis, S. B. Basly- D. Joy, Ge..
! 5. s. Yoder, and Attorney Wilson, the last
three being interested in the Dixon system
! Of garbage disposal. Commissioners
! Truesdell and Powell composed the board,
/ the latter having just returned to the city,
and the health officer and the attorney
| for the District We're also in attendance.
Attorney Davis presented the case for
Mr.. Warfia!d. He said it was the i'm
! preston of the contractor, and lie, Mr.
! Davis, had so advised, that some system
! OF garbage disposal acceptable to the
/ Commissioners should be first selected
! and designated before he was obliged to
! sign the contract.
! WOULDN'T EXECUTE THE CONTRACT.
WarfielG he said, would other wise de-
cline to execute the contract and would
! defend his interests against stthecousequences
Of the act.
Mr.. Warficld had, however, been noti-
! fled OF the fact that the Commissioners have
adopted a system, known as the Smith
crematory. without consulting the contrac-
tors interests, and had protested. In
response, he had received notice that unless
| he executed the contract by or before the
| 27th instant, he would be treated as a de-
] q, rPb Fl 60
! and be subject. TO a suit for damages, be-
sides incurring the expense Of having the
| garbage disposed Of by the Commissioners
upon such terms as they might be able to
make.
Mr.. Davis said he was there in the in
terest OF Mr. Warfield TO question the right
of the Commissioners to take any such
action, and said with due Difference to. the
board, that it was the exercise OF an ar
bltrary power which no court would sus-
tain.
mo business man, neither Of you gentle
men, would sign a contract based upon
such conditions as you are here seeking
to impose" exclaimed Mr.. Davis. "Mr.
Warfield cannot get any business man to
indorse upon a bond based on such con-
tract"
Besides" j." he continued, "you have
asked Mt Warfield to erect furnace
that has been condemned. He has come
here prepared to prove, by newspaper
publications and by affidavits, that the
Smith system is not such as should be
adopted here"
OBJECTIOIs5 TO THE SYSTEM.
one affidavit referred to was as to the
operation of the system in Atlantic City,
and copies of several Philadelphia news
papers We're presented with published
accounts of alleged defects there.
DR.. Woodward examined the newspapers,
and after reading what was said OF the
crematory's work there, said that there
was nothing stated there that reflected
upon the system. It was condemnatory
of the method Of operating the furnace,
but what was alleged might with pro-
prety be said against a good cooking
stove that was badly managed.
Col Truesdell said the Smith system
had been designated as one that the board
viii be willing to have introduced in
Washington. He contended that the board
was justified in the course taken, and
the notice sent to Mr.. Warfield was not
without due consideration of his interests.
He had based his bid upon the specifica-
| tions, aud had had ample time to in
! form himself as to the merits of the sys-
TEN. For his part, Col. Trusdell said, he
| was in favor OF enforcing the actionta ken
| by declaring the contract to be forfeited
| unless MIR Warfield complied by filling his
bond at once.
EITHER BROWN OR DIXON.
The Commiss iOuers then named five
| systems, the Smith, the Brown the Dixon,
the Engel and the Rider, ana asked if Mr.
| Warfield would be willing to enter a con-
tract with either of these systems desig-
uated for his acceptance
After consultation Mr. Davis said the
contractor would accept either the Brown or
| Dixon, but not the Smith system, and as
| to the other two he was uuprepared 10
! give au answer
The conference, which lasted about
| three hours, ended in an appointment for
! a second consultation at 10 O'Clock to-
morrow, when a definite conclusion will be
reached, aud it will be known whether or
not Mr.. Warfield will be enabled to give
bond or whether he will be driven 70 the
courts in defense OF his position.
! Report OH Western Letter Carriers.
The Post-office inspectors who have been
watching letter carriers have reported
weeks in which the work of carriers is
reported as almost, If not altogether,
perfect. None but very minor causes fol