The herald., 1897-03-24

| ceeded to read list of those who nae
already paid their assessments, when Az
torney Arthur objected, unless tht
| amount Of the discount allowed was also
| given. This Mr.. Jones said that he would
! do, and then stated that out of SS9 assess
ments, 205 lad already been paid, In ad-
dition to the Withdrawals from the pro-
| tests which had been announced IN the
| council.
| What is the amount of the discount
| allowed?" asked Mr.. Arthur.
! From nothing to 10 per cent, and nc
more" replied Mr.. Jones, "and this
amount has been open to everybody
| since the work was completed.
Mr.. Jones then went on to say that he
| had another proposition to submit to the
council, as showing the confidence that
| the contractors had in their work. He
| stood prepared, on behalf OF the con-
| tractors, to offer to enter contract with
the city to keep the pavement in repair
! for seven years, except when torn up Tor
sewers or other improvements. FOR
nominal consideration of 81 per year,
and to execute a good bond for the full
nllment of the same. The contractors
had previously offered to enter into
five-year contract, but they now raised
the limit two years
Mr. Arthur said that the contractors
knew that such bond would be worth
less. as IHe COull ndo al SoNS
passed upon the question in San Diego
case, holding that such contract was in
valid. Mr.. Barclay also stated substan-
TALLY the same thing.
Judge Mckinley and Mr.. Jones took
issue with the other side. The San
Diego case, they said, was entirely diff
ferent from this offer. The supreme
court had held that a bond filed with a
contract was invalid, as being a part
a., hut t,,t Oslc- 10
had all been completed, and was in no
way dependent on any action that the
council might take. The council had a
perfect right to enter into such con-
tract
Further discussion was stopped at this
point by the arrival OF Frank Walker,
another asphalt expert, who was sworn
and testified for the contractors. He Is
the man who laid a portion of Sixth
street, and explained how two blocks
were laid by George Perrine too soft
and in consequence had been a failure
He said there was just as much dan
ger of laying a pavement too soft as too
hard. and quoted Sixth street as an ex-
ample. He had examined the Main
street pavement. and regarded 1t as
first -class job. He gave in detail the re-
suit of the experiments by which he ar
rived at this conclusion.
after which Attorney Camp read the
Salathe analysis, which was against the
material, and Judge Mckinley read the
analyses made by Professor Stabler in
favor of il, after which both sides stated
their case was closed.
At this point President Silver asked
City Attorney Dunn for an opinion as TO
the validity of such a contract as that
proposed by the contractors.
Mr in rpn1V stated that while
the offer showed great confidence on the
part of the contractors in their work,
he did not think that ii was within the
province of the council to accept it. He
did not think that the San Diego case
had any bearing on this, but he did
not think it was within the power of the
council to take up any other matter
when they were sitting to correct any
formalities that might have been made
by the contractors and enter into con-
tract in which the main, if not the only.
onsideration. was something in which
the council had not done its duty.
Judge Mckinley said that Mr.. Dunn
did not understand the proposition. as
he did no; hear it all. He then explained
his offer in detail, when Mr.. Dunn said
that there was no objection to such
contract. if the council wished to enter
into it, lit in no wise depended upon the
acceptance or rejection of the work.
This ended the discussion, and, after
some talk between counsel. Mr.. Bar
clay. on behalf of the protestants, Of
fered to submit the case without argu-
ment. which was agreed to by Judge
Mckinley and Mr. Jones.
Councilman Hutchison moved to take
a recess for thirty minutes when Coun
Gilman Nickel suggested that this time
was too short, and moved to amend by
announcement to 1880 o'clock.
Lets settle this thing at once. so we
can go home" broke in Councilman Gri-
der and at $40 o'clock recess was de-
clared for half an hour. the conucilmen
at once retiring to the committee room.
and the contractors and others remain
ing in the chamber.
DECISION REACHED.
At $40 o'clock the councilmen filed
back into the chamber and the conucil
was called to order five minutes later.
On the roll call every member answered
to his name and it was at once seen that
a decision had been reached
The following resolution was sent to
the clerks desk and read, the reading
being followed with the closest attention:
The council having heard and care
fully considered the appeals of property
owners and parties interested taken
from the action of the superintendent of
streets in accepting the paving on Main
street from Ninth to Thirty-seventh
streets, done by John T. Long under his
contract dated May 6. 1896, and from the
action of the said superintendent in
making his assessment and issuing his
warrant TO said contractor for said work
finds:
That as to the concrete foundation the
work in certain particulars was not done
in accordance with the specifications,
but the concrete is on the whole fairly
we'll laid and will make a substantial
and lasting foundation for the wearing
surface, and said appeals are not SUBJ
stantia.ed as to the concrete.
AS 10 the guttering. we find that the
stone blocks are generally larger than
allowed by the specifications, but do not
regard the excess in size as materially
injuring the work; we find that the
grouting is of improper material, but
that in this respect the specifications
themselves are not sufficiently definite,
and inasmuch as the grouting was pre-
pared under the immediate supervision
of the city inspectors, we cannot say that
in this particular the contractor has
failed to cQmply with the agreement.
We find that the curbing was properly
done.
We find that the asphalt wearing sur
face from Eleventh to Thirty-seventh
streets is below the specifications in
quantity and quality of bitumen, the
bitumen used being too brittle and not
sufficiently cementitious; we find also
that from Adams to Thrty-first stree.
on the west side of the street railroad
track the asphalt cement was mixed
with sand in open kettles and by hand