Los Angeles herald., 1905-01-17
COUNCIL ORDERS
BRICK PURCHASED
INDEPENDENT co.'s PLEA FOR
DELAY NOT Needed
City Attorney Holds That City Enc
eineer ls Sole Arbiter Of oues-
tions Concerning Quality Of
Material

The council yesterday adopted the re-
port Of the sewer committee in refer
enoe to material for the outfall sewer.
This report recommends the rejection
of all bids for brick which we're opened
November 2s; the acceptance Of the
bid of the Southern California Brick
company, which offered to supply
200,000 bricks at $500 thousand. The
bid of the Los Angeles Pressed Brick
company to supply 100000 brick at sl0
per thousand was accepted as to 100000
brick. The city clerk was directed to
advertise for bids for 100000 brick.
The adoption Of the report came af-
ter a debate which lasted ar hour and
a half and in which avery councilman
excepting Blanchard, who was not
present, participated. There was
plenty of opposition to the adoption OF
the report.
w. P. Jeffries appeared before the
council as the representative of the
Independent Brick company. Jeffries
wanted a commission consisting of
three disinterested experts appointed,
the commission to determine whether
the Independent company is making
brick that will fit the specifications.
Chairman Kern of the sewer COM
mittee insisted upon the adoption of
the report of the committee anG asked
the city attorney for an opinion as to
the legality and advisability of appoint
ing a commission as suggested by JEFF
fries.
Replying to the councils request for
advice, City Attorney Mathews stated
positively that the council has no pow
er to provide for nor participate in,
the appointment of such a commission
Attorneys Opinion
"The contract between tie city and
Independent Brick company" said Mr.
Mathews. twas drawn in accordance
with the statutes of this state. Un-
der that contract the city en-
gineer of the city is the sole
arbiter of all questions affect
ing the character of the material Of
fered by the Independent company. An
acceptance or rejection by the city en-
gineer is final"
Having failed to secure the ac-
of the council to the PROPOSE
tion to appoint commission before
the adoption of the report of the sewer
committee, Jeffries undertook to have
the commission appointed after the
report had been adopted.
Harmon made motion for this pur-
pose. Hitler moved as a substitute
motion that the application for COM
mission be referred to the sewer COM
mittee. This was done, thus disposing
finally of the commission proposition,
as it is certain that the sewer commit
tee will never report in favor of such
appointments.
that the members of the council ac-
company the city engineer to the works
OF the Independent company at an
early date and there 30 through the
operation of accepting or rejecting
brick. The council will then have an
opportunity of judging of the merits
of the case at first hand. 1t Is prob
able that the council will act upon this
suggestion.
The action of the council yesterday
amounts to rejection of all over
lures of the brick syndicate and means
that the Independent company will lose
considerable money on account of the
brick ordered from outsiders by the
council.
Jeffries accuses Engineer Stafford of
acting in bad faith with the Independ-
ent company. because of the appoint
ment of an expert from the state min
ing bureau to determine the value of
the clay on the premises os the brick
company for brick making purposes.
City Engineer Explains
An explanation from Mr.. Stafford
shows that this amounted to nothing
more than the appointment of such
an expert by DR.. Martin, the city
right of way agent for the sewer The
sewer survey runs across the land of
the Independent company end Martin
wanted the opinion of an expert as to
the damage the sewer would do the
company by crossing it's premises, as
a condemnation proceeding may result
from running the sewer across the
brick company's land.
1t was stated yesterday afternoon
that the Independent Brick company
will try to secure an injunction to pre-
vent the council from buying brick in
the open market
The injunction, IL asked for, will be
based on the claim that Jeffries made
before the council yesterday when he
said the company had 100000 vitrified
brick at the works which were fully
up to the specifications, but that City
Engineer Stafford refuses to accept
them
Very Rev. DR.. Joseph S, Glass. C. NJ,