The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-10-06
OPINION DIFFERS
ABOUT PETITION
Some Think the Council Has to
Act and Some Do Not.
Tho Suit Will ut Least Hold Up Work
Until Spring, Which viii Suit
Property Owners.
IT MAY BE COSTLY TO THE CITY.

The exparts petition ordered by
tho board OF aldermen to test the
validity of the contract with the
Southern Bitulithic company Will
probably not be ready for several
days. There seems to be a difference
OF oplnion relative to whether or not
the council has toact on it. Nothing
was said at the council meeting Mon
day night about filing an exparte pc
tition. and consequently the council
did not act on it,
Mayor Yeisen said today that &c
was his opinion that the council
would also have to order tho petit
ton filed before the solicitor could
proceed
President G. r. Davis, of the board
of aldermen. said that Il was his I'M
Outstanding from what Solicitor
Campbell said that. the action Of the
board OF aldermen was sufficient, but
that he didn't know why the council
did NOT have to act on It.
The films OF the petition win not
embarrass tho contractors, as they
will thus get an extension OF time
tn. ough cold weather while the ques-
tons involved are threshed out in
Tho courts.
Owing to threats of lawsuits and
other things which made the contrac-
tors reluctant to bring their machin-
cry and men hero and begin work
this summer after tho contract was
.et. 1t was deemed toe late to start
work this year, and both the proper
~ owners and contractors wanted an
extension of time, and the properly
petitioned the legislative boards to
order suspension until spring, but
Il was refused.
The city half way pretended that
II believed the contract invalid, and
still refused to stop work under 1t
or 10 ordes a suspension. By filing
the exparte suit It will probably enti-
tie the contractors TO suspension
Of work until the questions are set
tied. lt is hoped to have everything
decided By spring.
A Sun reporter saw Capt. s. A..
Fowler, secretary of the board of
public works, today and he was ask
Ell what he thought of the suit. In
his opinion the city is making a mis-
take, as he does not think a suit the
proper thing or at all necessary. II
an action Is to be filed he suggested
that some property owner file II.
Continuing ho said:
This suit is likely to get the city
into trouble In the first place It Is
going to cost to get it through the
courts. The city win first have to
give bond for any damages that
might result and It is vsry likely that
a damage suit will follow IN the end
Ii may take two or three months to
try the petition. There ia no way
for the city to get out of paying for
the work already performed.
Pres dent II. +. Noble of the
board OF public works, said It was
his opinion that the lower board had
to order the suit as we'll as the upper
board for the latter is only part of
The general council. but he said Solle-
itor James Campbell, Jr, ought to
knos
Attorney John X. Hendrick said
that IL the contractors did not
pear and the petition went through
TO the court of appeals, 1t might not
cost the city over $50. But II the
contractors appear and ask to be
made party to the petition, it then
becomes two-sided affair and Will
have 10 be forght out in the courss,
aud il would be quite costly to the
losel
Judge L. W. Bagby, one of the at
t.rpe,s for he cor.rdcIors, slid this
afternoon that he did not know
whether tho fun would ask to be
made party 10 the petition or NOT.
He has received no instructions from
hIsfclients yet.