The herald., 1898-12-03
AN AFFIDAVIT
Showing Some of Mr.. Drains Peculiar
Methods

State Of California, County Of Los An
geles, SIS. NJ. S. Cummings, being first duly
sworn, on oath says: That he is a resident of
the city of Los Angeles, county of Los An
geles, state of California, and has been such
resident for ten years last past; that be
is by occupation a street and grading con-
tractor in the said city of Los Angeles; that
during the month of May, 1897, he had the
contract for the grading of Pico street, be-
tween San Pedro street and Stanford ave-
nue in said city OF Los Angeles that IN ac
oordance with the specifications and the
requirements of the said contract, affiant
put certain gravel upon said street for the
first coat; that the said gravel was of good
quality and properly laid on the said street;
that l. D. Stein, deputy street superintend-
ent under the said John Drain, superintend-
ent of streets, inspected the said first coat of
the said gravel upon the said Pico street
and accepted the said gravel, and that while
affiant was putting the said gravel on the
said street John Drain, superintendent of
streets, drove through the said street and
saw the said gravel and examined the same
and made no objection to the quality of the
said gravel in any way nor to the amount
which affiant was putting upon the said
street. ludt IOI lHe last year anu UdlI the
said Drain has entertained a personal ami
mostly toward the said Cummings; that the
said john Drain and his deputy permitted
and allowed affiant to finish the said street
with the said first coat of gravel and to cover
the said first coat of gravel with the finishing
coat without objection to the quality or
quantity thereof On the other hand, the
said deputy of the said Drain accepted the
aaid first coat Of gravel as aforesaid; that
after the said street had been finished the
said Drain, actuated by his said personal ami
mostly toward atfiant and in pursuance of
his general scheme to drive all small con-
tractors out of business, rejected the said
street and ordered atfiant to replace the said
first coat of gravel with other and different
gravel; that thereupon affiant in order to
procure his pay for the said work and to
avoid litigation, complied with the said
order, and removed part of the said gravel
at great cost and expense and replaced the
same with other material, Notwithstanding
the said deputy of the said John Drain had
accepted the said gravel
That affiant took off from the said street
535 linear feet out of ll99 linear feet; that
the property owners along the said street
thereupon ordered affiant to cease remov-
ing the said gravel that they said to atfiant
that they were satisfied with it and were
willing to pay for the same without objec-
ton, and that affiant would be enioined by
the courts at their request if he endeavored
to comply with the order of the said Drain
to remove the whole of said gravel, but that
affiant removed from the said 535 linear
feet the said first coat of gravel and piled
the same upon vacant lot at the corner
of Pico and San Pedro streets.
Afiapt is acquainted with the contract
ing business, and knows that the second OF
finishing coat of gravel must be better
quality than the first coat of gravel, for
which purpose affiant had endeavored to use
this material, but notwithstanding this fact,
the said gravel was subsequently used by
Robert Scherer, to whom affiant sold the
said gravel, for the second or finishing coat
upon Gratten street in the city of Los An
geles, between Ninth and Eleventh streets
that affiant saw the said gravel used and en-
ployed by the said Scherer for the said pur-
pose of finishing the said Gratten street
Afiant further says that notwithstanding
the said Drain wrongfully and unjustly and
for the purpose of causing loss and annoy
arce and trouble to affiant and for no other
purpose, had rejected the sald gravel 1of Use
as the first coat upon the said Pico street,
yet he accepted the same gravel when used
by the said Scherer as the finishing or final
coat Of gravel upon the said Gratten street;
that aifiant is conversant with such matters,
and further says that while Gratten street
was graded under private contract, yet it is
the rule in the city of Los Angeles that all
streets must be passed upon and accepted
by the street superintendent: that the speci