The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-09-26
Few Attorneys Think II Is in
Any Way Invalid or Void.
II II is II VIII Bring About Serious
Complications In the Street
improvements.
rs LIKE OTHER CONTRACTS.


the contract of the Southern Btu
lIthic company for the reconstruction
OF Kentucky avenue and Jefferson
STREETS, Is considered by many as
mere fash in the pan.
Members OF the board of works
and some OF the members of the 9TH
ee boards appear to regard Il as moth
ing serious.
II all started, apparently. from the
decision OF City Solicitor James
Campbell. Jr.. that the contract 10
void because OF technicality.
As near as can be ascertained he
holds that the city should have slip
ulated In the original ordinance pro-
sidlng for the reconstruction of the
street, what material was to be used
Instead OF this the city advertised
the work. and when bids we're open
ed selected the material that suited
Il best. The same thing was done
on the other streets that have been
paved. according to members OF The
board of works.
The solicitor, however. Is one OF
the few attorneys who look at II In
that light. "Bagby & Martin. at
torneys for the bitulith.c people. do
not agree with Solicitor Campbell"
declared member OF the board OF
works today. ''In fact. understand
the young mans own father. Judge
Campbell. does not agree with him
In HIS construction OF the law
Now II this contract is Illegal. all
the contracts for street reconstruc-
ton were illegal and II Il Is illegal,
the people are In for a long siege OF
litigation, for part OF the contract
has BEEN sublet. and work has al
ready begun on a. The part referred
TO are the several lower blocks, OF the
street that are TO be OF brick. the
contract for which was snble; by The
bitulithic people to Thomas Bridges
Sons. The work has been started
sad viii have to be finished aud pa d
for. and while the bitull.hic company
IL responsible 10 Bridges ant Sons
the city Is responsible to the lltu-
.ithie company.
"Messrs. Bagby & Martin are con-
hden the contract Is all right. II
has been forwarded to the Boston
attorneys OF the bituiithic company.
however. and II they coincide in their
view with Messrs. Bagby q Martin.
the company will proceed with the
contract. or fight & to the last ditch"
Mayor Yeiser's idea is that when
tbs firm finishes the street work and
presents its bill the city will refuse
to pay II. This is the way they iia
the city bonds q few years ago. but
N the long run they had to pay the
interest and compound interest, and
the costs.
Mayor Yeiser stated III S morning
that II Is the duty OF firm or per-
son seeking contract to investigate
and ascertain II the city has the le-
gal right 10 let such contract. He
said II was not required of the ci,-
to do so. therefore the Southern Btu
lithic company made a serious mis-
take. lie said the city would be
willing TO pay its half of the cost of
the improvement but that the prop
erty owners could not be compelled
to do so.
The contract calls for both btu
iithic and brick streets. On Ken.
lucky avenue. from First street to
Fifth, the work on he brick street
has already been begun. This work
is being done by a firm 20 which Il
was sublet. The storm water sew
ers are being put In and In few days
they will be finished.
When Mayor Yeiser was asked this
morning which he thought the most
durable, brick or bitulithic, ne said
he did not know, but that when the
party OF business men was recently
mere from Nashville that they we've
asked the question AMI AL favored
bitulithlc. OF which Nashville has
many miles.
The contract has resulted IN a com
plicated affair and the decision of ,ba
Boston attorneys is awaited with in
te.est opsg
One contention is that II this cvn-
tract is Illegal. all the other street
reconstruction contracts were. and
property owners who have paid a