Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-07

A sensational turn came in the trial
Of the Calhoun paving appeal case this
morning when evidence was introduced
4 which in effect will involve every foot
Of asphalt paving laid by the Barber
company during the past two years and
raise the question whether the COM
i pany has complied with the specifica-
lions of its contract and whether 1t Is
entitled to recover payment for the
work as it now stands. The effect is
to put the paving appeal cases on an
| entirely new basis and Judge CasWell
| has indicated that he wants to hear
| evidence on this point in the Brown
| case.
The turn came this morning when
| the lawyers were disputing as to
whether certain specimens Of paving
introduced by the plaintiffs were gen.
uine samples of the paving in front of
the Calhoun property. Samples had
been introduced in this case to show
that the wearing surface measured only
| y of an inch when specifications cailea
| for " inches, also that the binder
course measured only Y of an lnch
when specifications called for II inch
es. j. G. kunkle, a contractor, testl-
fed that he had repeatedly complained
| to the Barber representatives ana 10
| the city authorities during the progress
Of the work, that the paving was not
| being laid according to specifications.
| CITY Engineer Bremner testified that
the process of COMPRISING the
paving with a heavy roller
necessarily rolled the asphalt course
toward the lowest point in the paw
ing, making each course roll thinner
in the center of the street at the nigh
point Of the rounded surface ana
thicker along the sides.
When the lawyers got to disputing
this forenoon as to the authenticity Oh
the samples Judge Durham inter-
rupted them with extended remarks
TO the effect that new and very im-
portant question: had been raised. He
said that the question now was
whether or not the Barber Company
had complied with the contract. he
advised the attorneys to come into
court with samples of paving upon
which they could agree as being falr-
ly representative. He also stated that
this was q question Of great import
ance to the public as we'll as to the
individuals now in court for, II any
paving did not comply with the con-
tract specifications, the city acting Tor
the public should not pay for the WORK
and measures should be taken by the
CITY to enforce full compliance under
the $4,000 bonded guarantee OF the
company. He suggested that the Bar
her Asphalt people should be repre-
scented in these cases as the validity OF
their whole claim upon the city and
nroperty owners was involved.
A recess was then taken until
Monday when the attorneys on
both sides expect to appear with sam
nles Of paving upon which they can
agree. Judge Caswell seemed to agree
with Judge Burnham's views ana tolo
the lawyers that II either side so desir-
ed he would open the Brown case again
for admittance Of evidence as to
whether the paving in front OF the
Brown property could fulfill the con-
tract specifications. He indicated that
he would like to hear evidence on this
Joint as it had not been introduced IN
the case before him. Instead Of being
q question as to whether the assess
ment for paving has been according to
the benefits conferred upon the proper
ty these paving cases now shift to
determination Of whether the paving
has been laid according to contract
and it was very plain from Judge
Burnham's remarks that he was pre-
pared to hold that no paving in the
city need be paid for until it fully
meets specifications regardless Of
whether 1t has been accepted by the
city authorities or not.