Omaha daily bee., 1899-10-25
NO START ON CUNNING STREET
City Attorney Charges Paving Company
with Attempted Extortion.
TWO WEEKS OF GOOD WEATHER LOST
Company Announces TINT Another
Delay of n Week May Ensuc-
Possibility of Postponcment
Until spring.

The city council approved over the mayors
veto contract with the Barber Asphalt
Paving company for the paving of Cunning
street from Thirty-second to Fortieth
streets two weeks ago, but the work has not
yet been begun. The contract was let with
the time limit fixed at November Is, but the
delay OF the city in approving 1t has already
given the company cause to demand an ex-
tension. Besides this the weather conditions
are always taken notice of in paving con-
tracts and it is the duty of the Board of
Public Works to grant extensions of time
when the weather endangers the quality of
the work. 1t is not impossible therefore,
that the Cunning street contract may be
carried over until spring,
so far no other reason for the delay in
beginning operations has appeared than the
statement of the representatives of the COM
pany that their attorney was looking up the
validity of the preliminary proceedings and
wished to satisfy himself more thoroughly
on certain points before allowing the work
to commence Inasmuch as the attorney
appeared before the council and strenuously
urged the approval of the contract over the
mayors veto, stating that there could be no
possible doubt of the regularity of the pro-
ceedings in any respect, his anxiety for the
of the contract arouses considerable curl
osity. The public works department was in
formed last week that the company's attor-
ney would decide in day or two. Now the
department is told by Superintendent Drake
that it may be a week before the work is
begun.
Simply y SubtcrfnSc, SO Alleged.
When asked what legal points he thought
,.,lt 1,,,r~ -, ,1,1 Tvc.v vgf
pany, City Attorney Connell said yesterday:
well, considering the fact that the at
torney advised the council there was no
question about the matter, 1t is fair to sup
pose that he had looked into the matter thor
oughly. To tell the truth, l think he could
have told the superintendent within twenty
four hours whether to go ahead or not 1t s
just simply a subterfuge in my opinion, to
carry the work over until next spring. By
that time the asphalt combination may have
raised the price to $3.50 or $500, or some
other price, and if they have they will find
some way to get out of the contract ana
have it reet at higher figure. If on the
other hand we should get some competition
| in here by that time and have the price re-
duced to $15O, as it ought to be, they will
held the city to its $500 contract. They
could have known, and probably did know
| two weeks ago, what the legal status OF
the contract was, but they want to carry the
work over until next season in the hope OF
making more money out OF it. And they're
| trying to do the same thing with other con-
| tracts''
| Under a clause in the contract it is pos
| sible that IL the special assessment were de-
| clared invalid in the courts, as 1t Is charged
some Of the property owners expect the
company would not get its money. The con
tract reads that certain proportion of the
cost is to be paid out of the intersection
fund and the balance out of a special as
sessment fund, created by a levy on abuttint
property and other property benefited. 1t Il
possible that this is the point at presen
engagin the attorney for the company
General Gown, who is out Of the city a
! present and has been for over week.