The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-19
REFUSED TO PAY.
Council Would Not Approve As
phalt Pavement Repairs.
City Will Keep That 81 500
For a While.
REPUDIATES THE BOND
Barber Company Representative
Says 1t is No Good.
Does Not Say Pavements Must
Be Left in Good Shape.

Asphalt pavement repairers IN Topeka
and declined to pay to that company the
sum of 1,500 which must be done at the
conclusion Of the contract.
1t was the opening scrimmage in what
may develop into a bitter fight between
opposing factions of the council con-
corning the subject of asphalt paving,
and the future repairs to be made on
the pavement.
The result of the effort by the paving
company last night to have its bill paid
and its work approved resulted in the
authority being granted to the city en-
gineer, in conjunction with the commit
tee on streets and walks, to inspect the
work of the Barber Asphalt company
and accept it when it is satisfactory.
w. E. Sterne, the local attorney for
the Barber Asphalt company, appeared
before the council, and asked that the
contract with the company be approved
and the 81, 500 be paid. Il want to go to
California in a few days. said Mr.
Sterne. Il wish very much that the
council would wind up this transaction
before 60 The work of repairing the
paVementS would have been completed
some time ago had it not been for the
bad weather. AS it is there Is only
very small amount to be done, and I am
willing to be personally responsible for
the faithful fulfillment of the contract.
If the work is accepted, will personally
guarantee that everything the city
wants done Will be done.''
Councilman Warner said: ct under
stand from what Mr.. Sterne says that
there is only about one days work left
to be done on the pavements- Evidently
we could not lose much by accepting the
contract as completed now, and trusting
Mr.. Sterne to see to it that the job is
properly Completed.
Councilman Miller said that he was
opposed to accepting the contract until
it could be shown that the work had all
been done called for. He asked the
city engineer to state just the present
condition of the work.
City Engineer McCabe said: Some
time ago we went over the pavements
and / explained to Mr.. Demarest just
the repairs we would expect" Mr.. Nc
Cabe then gave list of the streets
which are yet to be repaired, and esti-
mated that about weeks work is
quired to complete the contract. Il be-
lieve." said Mr.. McCabe, that Mr..
Sterne has acted fairly in the matter,
and I think he has done his best to get
the work completed as it should be. But
whether or not the pavement is in good
shape now, as contemplated by the
terms of the contract, is a matter for
the council to decide
On a motion, the question of paying
for the pavement was referred to the
committee on streets and walks.
Mr.. Sterne then asked that some in
dividual be designated to decide when
the repairs were completed, in order
that the final settlement might not be
Here Mayor Hughes broke into the
controversy. II think Mr.. Sterne,' he
said, that the council would feel more
disposed to grant favors to the Barber
company if that company had not pull
ed stakes and left US before completing
the repairs. and had only returned
when the city threatened to sue on it's
bond"
We'll, Mr.. Mayor" retorted Mr..
Sterne, with a good deal of suppressed
L
anime that bond which you speak of,
you will find that it is only to keep the
pavements of this town in good repair,
not to leave them in good repair at the
expiration of the contract. I will say to
you that the Barber Asphalt company
came back here to Topeka after it had
left, largely because / wanted them to
do So l wanted them to finish up ev-
erything the city desired, and avoid all
controversy. That's why the Barber
company sent its men back here
Councilman Warner moved that City
Engineer McCabe be authorized to de-
eide when the pavement is repaired ac-
eording to the terms of the contract.
Mr. McCabe protested against this,
saying that he did not want the whole
responsibility of making the decision.
Councilman Miller amended the mo-
ton giving the committee on streets
and walks authority to act in conjunc-
ton with Mr.. McCabe. The motion as
CITY PARK SEWER WINS
no Inere was long t, Wrangle oyer the pro
hue to the Kansas river e- An Effort was
made to refer the matter to the commit
bV On VOTE Of sn1 eaaS f put 1t was loef
the council dipped into the argument of
by City Engineer McGabe and City At
torney Spencer on the engineering and
also had on his fghting clothes hs 81 and saii
the city had no money to spend on sew
ers. He did not say that the city. had
ing his salary. He said that the reason a
area w Of because OF
and that therefore the benefit district
Councilmen Weber. Warner " ana SHAT
finger led the fight for building the sewer
men Bergundthal and swendso o spoke @Ia'i in
favor of postponing the building of the
SIX Voted for he motion the e bnld fbe
sewer at once, four were against and
Councilman Bergundthal was excused
~ No PAyEMENT ON MORRIS.
tors, the suspicion that some one i had lad
done some underhand work in getting
that the pavement Would be 's only "a "a feet
wide, all conspired to result in the ad-
ment petition The eomitt axen on
and walks recommended that the petition
to 4: refused to adopt the report. It seems
likely that a new petition viii be prepared
S<,AiAAS AOi LOOT pavement. Inc council
IS very much opposed to any pavement
less than 30 feet wide and it is right they
should, for 80 feet is narrow enough
ANOTHER PAVEMENT FIGHT
The curb stone and brick contractors
are in a hot fight over the ma terial to be
used in the East Eighth avenue pave
ment; 4 remonstrance, signed by rs prop
erty holders, was presented last night for
this pavement The remonstrance asks
Tor the substitution of Lyon county sand
stone for cast iron curbing. and the sub
stitution of ANY vitrified brick approved
by the city engineer for Shawnee county
brick The remonstrance also asks that
the pavement be 40 feet wide to the
creek The signers of the remonstrance
say at the conclusion OF the document: