The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-15
Barber Asphalt Trouble Il
Finally Compromised.
Council Agrees to Pay the
Company $1,000.
REDUCTION is MADE.
The Claim Against the City Was
$1,000.
Estimated That $4,000 Should
Be Expended on Pavements. !

Sick and tired of the constant wran-
gle with the Barber Asphalt Paving
company, the city last night compro-
missed the difficulty with that concern
in order to avoid a lawsuit
BY the terms of the agreement, the
city will pay the company $1,000, and
release the company from further obliga-
ton. The full amount claimed by the
Barber company was 81. 500.
This action was decided upon at a
meeting of the committee on streets
and walks, which was held behind clos
I'd doors before the council meeting
last night. The only persons present
not members of the committee were
Mayor Parker, City Attorney Spencer,
City Engineer McCabe and Z. d. Dem
Arrest, representing the Barber Asphalt
company.
The committee took it's action in face
of the well known result of City Engi-
neer McCabe's Investigation as to the
condition of the work as left by the
Barber company. Mr.. McCabe found
that it would cost over $4,000 to repair
defective work done by the company,
and complete work which that company
had failed to do. The committee did
not even call for Mr.. McCabe's report
1t was evidently determined to compro-
mise.
The action of the committee was
based largely on two things, according
to the statement of members of the
city attorney as to the liability of the
Barber company, and second. the state
ment of Mr.. Demarest as to the posi-
ton of the Barber company
Mr.. Demarest stated that his COM
pany refused to do anything more on
its contract: that it believed it had
done all necessary and all required by
law.
City Attorney Spencer said that the
Barber company could be held legally
liable for nothing except the amount of
work left undone at the expiration of
the contract on October 10. He held
that any work laid out for the Barber
company to do since that date was out
side of the contract. and could not be
enforced
1t was intimated by some members
of the committee that the report of City
Engineer McCabe in which he claims
that 5000 worth of work is still due the
city was not in shape to be fully sub
Stimulated.
1t is understood that Mr.. Snattinger
and some other members of the COM
mittee were opposed to compromising
with the Barber company, and were in
clined to hold the company to the strict
fulfiltment of its contract. but the ma
jority was in for peace at any price,
and voted for the following report:
THE committee on streets and walks
recommends that the proposition
made by the Barber Asphalt company
to allow the city to retain $500 of the
amount unpaid to said company on it's
contract with the city in settlement
and release of said contract, the city
paying said company $1,000. be accept
ed
When this report came before the
council, it was carried without dis
senting vote. 1t was a victory for the
Barber Asphalt company.
Mayor Parker last night appointed the
new council committees, making many
radical changes, especially in the chair
manships, from the list which was an
noUpced by Mayor Hughes when Mr..
Hughes took the office. The following is
a Comparative list of the Hughes and Par
ker committees:
Parker Com. Hughes Com.
WAYS AND MEANS
J. S. Warner. S. C. Miller
w. S. Clancy, J. A. Troutrnan,
ID. S. Myers, d. S. Myers,
George Neil, W. S. CLANCY,