Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-10
70 PROTECT CITY
AND TAX PAYERS
Judiciary Committee Empower.
ed by Council to Take Neces-
sary Legal Steps
PAVING
INVESTIGATE
If, After Such Investigation, It is
Found That Specifications Have Not
Been Complied With, Committee is
Authorized to Hold Company to Its
Contracts.

Contracts.
The city council, at it's regular meet
ing Monday night. adopted a resolution
prepared and presented by the judi
ciary committee, to the effect that the
committee is instructed TO make a
careful investigation Of all paving done
by the Barber Asphalt Paving Com
pany, in view of the point raised in
the Calhoun case. to the effect that
the paving was not according to spec
ifications, and further that the conf
mittee is authorized to take all neces-
sary legal steps to protect the tax pay
ers and the city, should 1T find. after
such investigation, that the speciiica-
lions have not been fully complied
with.
Mr. Webster, for the committee. pre-
scented report to the council. setting
forth the claim as made in court by
witnesses for the PLAINTIFF in the Cal
houn appeal, now being tried before
Judge Burnham. The city's duty is
clear, the committee believes, If such
claim is found to be fact. and the
committee thinks that the city is as
much interested as any OF the property
owners, and should take every step
possible TO ascertain the true facts OF
the case, and then protect the interests
Of every property owner, whether he
has paid for his paving or whether he
is one OF the numerous appellants as
we'll as the interests of the city. The
report of the committee to the council.
Is in full as follows:
ITO the Honorable Mayor and City
Council--The Judiciary committee begs
leave to report: That it has been
brought to its attention, during the
progre IS of the trial Of George w. Cal
houn VS.. the city of Marshalltown,
now being heard by Judge Burnham,
that 1t is claimed the Barber Asphalt
Paving Company has failed to comply
with all the terms of It's contract with
the city, more particularly in regard to
the wearing surface and binder course.
"These paving cases have been In
progress many months, and one case
has been heard by Judge Casweh. and
yet this is the first time this claim has
been made, or your committee has had
any intimation that such condition.
as claimed, existed.
IF it should prove true that such a
claim really existed to any extent the
duty Of this council is clear. Steps
should at once be taken to require the
Barber Asphalt Paving Company to
fully comply with it's contract, to the
owl that o,,a,1, owpor 1uhot 10
contestant or one who has already
paid for his paving. together with the
city, be fully protected. and get value
received for his money.
1.-THE contention Of the council, by
their attorneys, has been wholly along
the line that the proceedings have been
regular, In accordance with the law.
and their findings on assessments, fair
and just, and we believe they have
been fully sustained thus far in every
point. They are, however, as much In
terested in developing all Of the facts.
relative to the proper construction Of
the paving-to see that every requires
ment of the contract is fully carried
out--as are the property owners.
Your committee would, therefore,
recommend that it be given full power
to make a careful investigation into
these questions, as soon as practicable.
with a view of asoertaining the facts,
and that it be authorized to take all
necessary legal steps to, protect all in
terests Of tax payers and the city.
BYRON WEBSTER,
20. L. INGLEDUE,
Members judiciary committee"
Concurring in the report is L. G. Alb
bolt, chairman Of the judiciary COM
mittee. who was unable to be at the
meeting, Monday night.
Following this report, which was
received, Mr.. Webster presented the
following resolutions:
Resolved. That the judiciary COM
mittee be instructed to make careful
investigation Of all the paving done by
the Barber Asphalt Paving Company
under their several contracts with the
city, and authorized to take all neces-
sary steps to protect the tax payers
and city, should they find, after an in
vestigation, the specifications have not
been fully compiled with
This occasioned little discussion on
the part of Mr.. Sieg, who amended to
refer back to the council, because he
thought that the entire council should
have say in the matter of employing
any more legal counsel if legal action
should be taken. 1t was explained to
Mr.. Sieg that the action of the COM
mittee would be guided wholly by the
advice of City Solicitor Van Law, who
always met with the judiciary commit
tee, and that this resolution did not
necessarily mean that additional coun-
sci would be employed, even tho legal
steps were taken. The amendment
was lost upon the VOTE and the resolu-
ton adopted.
Mr.. Webster, in connection with the
report of the committee. called Mayor
Jones' attention to the fact that it was
his duty to see that no unauthorized
persons had any right to destroy any
pavement of the city by digging into
it in order to obtain samples to be used
in any case on trial. The court or the
council alone has the right to authorize
ment, and it is serious offense to
mutilate without the proper authority.
WANTS A MASS MEETING.
F. M. Sutton Has No Faith in the
Council oil Its Contracts.
Aroused at recent evidence introduce
ed in the Calhoun paving appeal case.
Mr. F. NJ Sutton addresses commune