The herald., 1896-08-21
ATTORNEY IS c. M'FARLAND
The Troubles on the Street Are Fully
Set Forth
No Attention Is Paid TO the Mandate Of the
City Council
A Suit for Divorce in Which the Husband and
Wife Bath Take Serious Charges
Against Each Other-At the
Court House

The paving of Main street is again in
the superior court and for the second or
third time the property owners in the
section to be affected by the proposed inn
provement, are seeking by process of
injunction to bring order out of chaos in
that section of the city. l.. r. Garnsey
yesterday filed a petition which recites
that on May 9Th last P. A. Howard as
street superintendent of Los Angeles,
entered into a contract with John I.
Long by which Long agreed to improve
Main street from the south curb line of
Ninth to the north curb line of Thirty
seventh streets. by paving the same
with hydraulic cement and broken
stone base with asphalt surface, in ac-
cordance with certain plans and specifi-
cations which are officially on ilewhich
plans also required guttering and curb
ing of the street between the points
mentioned.
That by the contract with Long it was
required that he commence work with
in fifteen days of its signature. and pros
ecute it to completion within go days of
such date; also that the work should be
block in length, and that no more than
two blocks of the street be closed al any
one time, nor no cross street be closed,
which is according to the general street
law.
That on May l1th. for j valuable con-
sideration, Long assigned all of his
rights in his contract to the Western
Contracting and Construction company,
and within fifteen days from the date
of the contract, the latter corporation
entered upon the street and commenced
to do the work But the company,
disregarding the specifications, tore up
more than two blocks of the street at
one time and did obstruct more than
one cross street at "A time, and by its
sub-contractors and employees. ploughed
up the street for many blocks, carried
off and removed the dirt and EraIel
leaving large and unsightly holes and
/ excavations: also tearing out the curbs
| for several blocks and depositing dirt
| and material along the street, making
| the same nearly impossible.
That having so torn up the street and
| obstructed it for travel. makin- ii dan
gerous to life and limb, the company
abandoned the work and for period
of three months. failed to carry out the
provisions of its contract.
That on May 18th the city council
adopted a resolution annulling Longs
contract
The plaintiff alleges that he is the
owner Of lots and 5. block c, of the
Montague tract. on Main street, in the
territory affected by his petition; that
notwithstanding that neither Long nor
the Western Contracting and Con-
struction company now have no rights
to enter upon the locality of the proposed
improvement, they are continuing to
excavate and remove dirt therefrom in
front of plaintiffs lots. cutting off ac-
cess to and from plaintiffs premises,
thus depreciating the value of his prop
erty.
Charles II. Mcfarland. eX-city attor-
ney is Garnseys representative in the
pending proceedings which fact viii
| tend to cast a cloud of suspicion over
| the writ of injunction.
Mcfarland was the plaintiffs lawyer
| in the proceedings instituted several
months ago. shortly after the contract
| had been let That action is generally
| alleged to have been blind brought in
the interst of John T. Long, and those
whom he represents, for the purposes
| of delay.