Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-01

news for the city submit their case
without argument.virtually refusing to
argue that the paving company has
complied with the contract, it is not
difficult to foresee what the decision OF
the court will be.
1t is the opinion of those who fol-
lowed the testimony closely that had
there been no greater discrepancies
found than were revealed in the paw
inc on Fourth avenue, and on Church
street from First street to Fifth, the
committee would have reported a sub
stantial compliance. In these blocks,
howeveS. the curbing concrete meas
ured only eleven inches when 1T should
have been twelve and the gutter from
five to six inches when all of 1T
should nave been six inches. But
on the west end of Church. the binder
course and wearing surface were found
deficient from u to x of an inch each,
making a deficiency of W to one men
in IL total of three inches thickness
required. Just how serious is de-
ticiency of this kind in pavement
must be determined later on. Expert
contractors like Mr.. Reimer and MI.
Kunltle testified that the paving work
had been done in a worknanlike man
ner the proper proportion oil materials
had been used, and the full amount OF
concrete foundation laid under the
pavement proper However, 1T seems
to have been admitted that there is
evidence of lack of compliance with
contract specifications in portion OF
the paving, and a great deal OF the
curbing. This alone is sufficient ground
on which to annul the assessment.
1t is at this point that the city coun-
Gil must meet the crisis. Ii this BODY
has unwittingly accepted paving not
UP to contract requirements. the prop
erty owner is not bound by his assess
.nent, yet the paving is there. IL is
worth something, perhaps within few
cents of the contract price, but who is
to pay for it. and how much! Clty
Solicitor Van Law says the city's con-
tract binds it only for those portions
OF assessments found in excess OF
special benefits, yet the Barber peo-
pie will endeavor to collect from some
body The county treasurer may be
enioined from paying tax money on the
certificates and the Barber company,
| West Virginia corporation, might take
the whole question into United
States court for adjudication. Should
Judges Burnham and Caswell declare
the paving deficient the question OF
whether the cost was in excess OF the
benefit to the property would s,lll re-
main unsettled in other cases ana mora
litigation, could follow.
| 1t would be fortunate II the new
council could devise a method OIL ami
cable settlement outside of court TOT
all this controversy. If there Is any
danger Of the city being held for the
| cost of paving from which the prop
erty owner can escape, the frs, move
of the council should be to see that
the negligence of the old council or It's
inspectors could not burden the gem
eral tax payer If the assessment al
ready made can be recalled and pay
ments Of taxes on the certificates stop
ned it would be an evidence OF good
faith for the city coucn to do 1t before
somebody forces It, If deficient paw
| Ing has been laid the Barber Asphalt
| Company should stand the loss. Retth-
er should public spirited citizens. who
have cheerfully paid for their paving
be caused to suffer from any fraud. II
| necessary an inspection of every
4 block should be made at the Barber
4 Company's expense and a settlement
effected by arbitration else this will
be the latest year for lawyers that the
town ever knew.
The Barber people have insisted all
along that they were not afraid of an
examination of their work, they claim
ed even to court inspection, and that
their work would show full COM
pliance with their contract. The T.-R
had hoped that this were so and re-
!, fused to believe paving deficient unit
evidence should appear to the contrary
Such evidence has appeared on West
4 Church street and the T.-R., speaking
for what 1t believes to be the best
public sentiment, would like to see the
Barber people prove UP on all of Its
work or make satisfactory settlement
with each property owner. II the
question of special benefit and the le-
gality of the assessment could be In
cluded in such an arbitration so much
the better. As to the old council II
still deserves credit for public Inn
provement, but must plead guilty OF
careless supervision of it's public work
and the best thing it's holdover mem
bers can do now is to bend every en-
ergy toward amending the faults in the
work thew have DONE
The school census and vote are two
as good indications of the population
of a city as can be shown, and If the
conditions are about the same, II
Z bringing out the vote, the comparison
is even of more value. F't. Dodge, thi:
year, had bitter park fight, with sen.
timent divided as to the question o.
levying a tax. This. added to the fgh
for pure water, brought out big vote
yet in the five wards Of Ut. Dodge
there was total of 2,153 votes cast
as against 2.736 in MarshalltoWn. o.
$50 votes under that of Marshalltown
and still 1T Dodge poses az a largel
city, Even Council Bluffs, with a tele,
phone franchise fight on, only police
$500 votes and in Waterloo the tota
vote was but 2,S1S, or fifty-f1ve large