Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-10


wire fence around the unused portion
of the grave yard on North Second
avenue, is too rich" to pass unmen-
toned. Passing over the impositions
in this paving matter, which have kept
the tax payers blood at u constant
boiling heat, we are now confronted
with the astounding and strong prob
ability that all this asphalt paving is
appallingly deficient in coming up to
specifications. Now where are we at q
What are the rights of those who have
signed waivers? The council had in
spectors to watch the construction, the
council has accepted the job, and the
city's attorneys are contending IN
court that the pavement is good. Who
is going to represent the citizens at
large In this matter?
have been puzzled to know wheth-
er Van Law and Boardman are work
ing on the theory that they are attor-
neys for the city council or that they
are attorneys for the people. The fer
vor with which M. Van Law has de-
Tended the city council in employing
Mr.. Boardman to assist In these paw
ing cases, seems almost conclusive that
Van Law is permitting his desire to
defend the councils honor to blind
himself to his duty to protect the peo-
pies rights.
Furthermore, the code of Iowa pro-
vldes that the paving shall be assessed
to abutting properties according TO ac-
tual benefits derived. The unprejudic-
ed man who will say that residence
property is benefited to the full cost
of the paving is scarce indeed. Yet,
practically without exception, the
council has assessed the paving ac-
cording to the front foot rule. Has
anyone heard of Van Law or Board
man urging upon the council the neces-
sity of keeping in view the question OF
actual benefits in making these assess
ments? Had they done so, and been at
all insistent much of this expensive
litigation would, no doubt, have been
avoided. On the contrary
1t seems that this matter of the
paving not coming up to specifica-
lions has been in issue ever since Mr..
Calhoun began his contest. To meet
1t. the attorneys for the city had to
either contend that the paving was up
to specifications or else join with the
contestant and place the burden upon
the paving company to show whether
it was or not. They elected to con-
tend that the paving was good. Now
they are losing on that score they
want the paving company brought in.
The court holds, as / understand 1t,
that, the contest before the council
having been concluded, the appeal per-
fected, and the evidence of plaintiff all
introduced in the appeal without the
paving company being in court, that
they cannot now be brought in and be
held by proceedings in which they have
ing. AS I recollect 1t. Mr.. Boardman
had very active part in the obtain
ing and drawing of the contract with
the glucose people which led to the
building of the sewage disposal plant,
and which he and others assured us
gave us such ample protection. When
the protection was wanted 1t was
found to be a pipe dream" Now we
are informed by your issue of last ev-
ening that Mr.. Boardman and Mr.. Van
Law assure us that we are amply pro-
tected by the contract for the paving
for any discrepancies which may exist
in it's construction. Is it safe and prop
err to allow this matter to run further
in this matter at the risk of our awak-
ening some day to realization of the
fact that we are holding the sack" a
second time?
do not wish to be understood as
questioning the motives of either Mr..
Van Law or Mr.. Boardman. l am
pleased to consider them both per-
sonal friends and hold them in high
professional and social regard. I be-
lieve they will do their duty wherever
and whatever they believe 1t to be. 1t
is more a difference in opinion as to
where their duty lies. The vital point
is that we confronted with the strong
probability of most of our asphalt paw
ing being fatally defective. If we
must pay for paving whether we want
it or not, for goodness sake let us
get what we are paying for. If the
attorneys for the city see fit to con-
strue their duty in a light as requires
them to thrust this paving upon us re-
CARELESS of it's construction or to de-
fend the councils or councilmen's hon
or first and the property owners rights
afterwards, or to allow our legal rights
to get into such conditions as to be
lost to us, is it not time to have some
organization independent of the city
government and employ counsel to re-
present us?
1t strikes me that 1t is high time
for the public to arouse and throw off
this Indifference and submission. If
an effort to palm off on the public a
matter of five miles, or more, of guess
tionable paving is not sufficient to "a
rouse a mass meeting then there is no