The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-05-11
TORONTO, CANADA, is HAVING
SOME TROUBLE OVER ITS
STREET PAVEMENTS
Warren Company Is involved in Suit
That is Pending in the Court in
That Province.

The petition for bitulithic pave
ment on Kensigton avenue was inval-
idated by Judge Winchester yesterday.
Nineteen rate payers on the street
who signed the petition had requested
the city clerk to remove their names.
Four of them, w. A. King. Fred c.
Ward, Joseph Price, and J. E. jeffrey.
appeared in court and swore that they
had been induced to attach their
names through fraud and misrepre-
sentation. H. L. Drayton appeared for
the petitioners, and H. M. Mowat for
the Warren Brothers company, the
concern which has monopoly of bit
ulithic, and an agent of which circu-
lated the petition. Mr.. Mowat put
Charles Curtis, the secretary Of the,
Warren company, in the box, and he
stated that his company had laid hum
dreds of thousands of yards of btu
litnic in different cities with uniform
success. In fact, it had not received
complaint. Mr.. Drayton took the wit
ness in hand and produced a blue print
of West Pine boulevard, st. Louis,
which showed that extensive repairs
had been made to the bitulithic pave
ment in that street. The pavement
was laid in October, 1903, and the
measurements were made by c. S.
Butts, a civil engineer of st. Louis, on
August II, IL and 13, 1904. Mr.. Curtis
could not question the accuracy Of the
blue print.
Mr.. Drayton produced engravings of
number of bitulithic pavements in
different American cities. Some of
these engravings depicted pedestrians
in the act of scraping tar gathered
from the pavement from their boots.
The fraud practiced by the Warren
agents consisted in their having shown
the ratepayers a sample Of bitulithic
made Of fine bitumen and New Eng
land granite, and having represented
to them that this was what they were
to get. The agent produced this sam
pie in court. Mr. Curtis then asked If
the sample was taken from any pave
ment laid by his company in Toronto
or Canada. He admitted that it was
not but mad been forwarded to Toron-
TO from Boston. Nor would he swear
what Boston pavement it was taken
from, or that it had ever been in any
pavement.
"Then why do you use it?" sharply
questioned the judge.
Then Mr.. Drayton produced samples
of bitulithic from Palmerston avenue.
Toronto, and Talbot street, London,
from which it appeared that fraud
had been perpetrated and the judge
announced his decision.
1t was also proven that the War
rem agents had stated to the rate
payers that bitulithic at $2.1S per
square yard was cheaper than asphalt.
whereas it was shown that street as
phalt had been laid for $1.65 per
square yard. 1t was also represented
that no asphalt could be laid this year
and nothing but bitulithic could be
had. Another representation was that
bitulithic would last from 25 to 80
years, but the Warren people were
compelled to admit that the first bit
ulithic pavement was laid in 1901, and
that the life of the bitulithic was en-
tirely problematicaL Mr.. Drayton also
drew from Mr.. Curtis the admission
that the bitumen used in the patented
pavement was nothing but coal tar
such as had been in use for many
years in the construction of pavements,
and produced extracts from the evil
dence of Frederick j. Warren, pres
ident of the Warren company, in the
Ease of Swift VS.. City of st. Louis,
an action brought in regard to the
same question, as follows:
.Tne Court: The question was w11e
Their you manufactured the coal tar
products or manufactured your brands
from the coal tar products.
"Mr. Warren: I didn't understand
the question. We manufacture pro-
ducts from coal tar. We buy the coal
tar on the market.
"And manufacture your brands from
coal tar?
Eyes, sir.
20: Are the Puritan brands made.
of coal tar?
"a: Yes, sir; it is a registered trade
mark.
90: What proportion Of coal tar
must there be in your Puritan brands
for it to be Puritan?
"a: What number?
30: Well, take the three numbers. |
Say, we take first No. 1.
"a: It is all coal tar material.
20: Nothing else In it?