The herald., 1897-02-11

was the general opinion of everybody
he talked with that they were getting
first class job.
A little furry was created when Mr..
Arthur asked Mr.. Seamans If he had not
entered into an agreement by which
he was to secure a heavy discount in
consideration of his appearing and tes-
tifying in their behalf. Mr.. Seamans in
dignantly denied that there had been
any agreement of that kind; he had called
on the contractors and they told him
they would give him 10 per cent discount
for cash. and If any more was allowed in
future he would be given the benefit OF
it.
The lawyers at this point got into a
wrangle, and the attorneys for the con-
tractors charged that they could prove
that some of the most active protestants
had offered to settle for Is per cent dis
count. Calls were made for the name,
and Judge Mckinley said that it was Mr.
Sorry.
Mr.. Sorry promptly denied that he
had ever made any such offer, but the
matter was dropped before anything
further transpired.
c. Leonardt, the cement expert, tes-
titled that he had examined the work,
and he considered the work first class
job. He gave his reasons for this opin-
ion.
Max French, the contractor who fur
nished the crushed rock, testified that
the crusher was set for two inches and
less. He explained the details of rock
crushers for the benefit of the attorneys.
F. M. French corroborated his brothers
statements.
Mr.. Church, who procured the samples
of cement and mortar, and made the
tests, under the direction of the city en-
gineer, was called, and the result showed
that the material was above the require
ments of the specifications.
"Helg" Hogan, another property own
er on the street, said that the work was
good; that the work was first-class, and
that the only thing that was the matter
was the price was too high. He had
paid his assessment and got 10 per cent
discount for cash the same a s the others.
Mr.. s. X. Lindley had offered to pay
IL he could get 25 per cent discount. He
had gone to see Mr.. Long about the mat
ter, and he had told him that Mr.. Lind
ley could get the same as he did. 10 per
cent. He thought that he had got full
value received, and he thought the
street should be paid for z
DR.. Power, another property owner,
said he had watched the progress of the
work, and thought it was first-class
job He had had several analyses of the
asphalt made at his own expense and
they were very satisfactory. These an
plant and were filed.
Judge Bowers another property own
er, thought the work was a good job.
Conrad Sherer the contractor for the
gutter work, detailed how he had per-
formed the job, and had carried out the
specifications. The work had been done
under the supervision of the street de-
partment.
Mr. Bliss had made measurements of
hot ftn afa hall oJn h.
entire length of the street. The con-
crete had averaged about 6h inches and
the asphalt2 1-6 inches. The measure
ments had been made for the contract
ors.
Mr.. Shaw, who mixed the flux used in
the cutters. testified that he had made
up the combination, and that it was al
most pure bitumen.
Captain Baynes, who did most of the
asphalt work. testified that he had COM
piled with the specifications. He fur
nished affidavits as to the method of pre-
pairing the asphalt, and testified that he
had purchased all flux used in this city,
under guarantee that it was SO per cent
pure. He explained the use of kerosene
in oiling the roller. The roller used by
him was an improvement over the or
iiinary roller used, in that 1t was heav-
ier and more compression was secured.
Mr. Sorry rose to a question of privi-
lege to deny that he had offered to sell
out for Is per cent discount He said
that clerk of Mr.. Long had called on
him and asked him whether he would
take Is per cent and quit before he sign
ed any protest, but this offer was re-
fused. He had then signed the protest,
and not before.
Contractor Long then made detailed
statement of how the work had been per-
formed, and insisted that the specifica-
tions had been complied with. He stat
ed that the work had been done under
sub-contracts, and he had exercised
general supervision, and saw that the
work was well done. He claimed that
the faulty grouting of the cutters was
due to fault of the specifications and
went into details at length.
Judge Mckinley at this point stated
that he had probably done Mr.. Sorry an
injustice. He did not intend to convey
the impression that Mr.. Sorry had Of
fered to take Is per cent discount after
he had signed the protest.
Mr. Arthur then sprung sensation by
asking Mr. Long what was the greatest
discount he had ever offered to settle.
Mr.. Long declined to answer the ques-
tion. saying that was his personal busi-
ness. and if he wished to give away the
work he could do So
did you ever offer any person 50 per
cent discount?" blandly persisted Mr..
Arthur.
FIFTY per cent?" roared Mr.. Long,
rising and walking toward Mr.. arthur.
"Who told you any such thing? DO you
mean to make any such insinuations as
that before this committee, wnlch you
cannot substantiate?
Don't you bulldoze me-" said Mr.. Ar
thur. IT am trembling now; was
raised a pet, and 1 don't like 1T. Is Mr.
Jones your attorney, and has he power
to make agreements for your"
Eyes, Mr. Jones is my attorney, anu
has such power" replied Mr. Long.
"Then, in that case" affably remarked
Mr.. Arthur, 1--WE wish to introduce THIS
paper and ask that it be filed"
Mr.. Arthur dramatically flourished a
typewriter document which he hand
ed over to the committee. Mr.. Long WAS
evidently taken by surprise, and re-
sumed his seat, while the mysterious
document went the rounds. When it
reached Mr.. Jones that gentleman only
laughed, remarking, TT Is tempest IN
a teapot" while the other attorneys
for the contractors made Joking re-
marks. The paper was not read. but
was turned over to Mr.. Dockweiler to
be filed with the other papers in the case.
Following is copy of the document III
full:
In consideration of w. A. Field COM
mencing an action to enjoin the i'm
provement of Main street in the city of
Los Angeles, county of Los Angeles,
state of California. between Ninth street