Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-19
Attorney For Paving Litigants
Believes He Was Singled
Out For Criticism
DEFENDS HIS OWN COURSE
Editor Answers Explaining That Park
err Has Misunderstood the Language
of the Newspaper-Parker Asks for
the Newspaper to Declare Where it
stands-Paving Middle Discussed.

urday last Col. j. NJ Parker defends
himself from what he has taken to be
criticism of his part as an attorney
in the paving litigation. He says:
Editor Times Republican: In your
issue of last Saturday you make mem
ton Of a certain lawyer who, in your
Judgment. seems to have fallen far
short of what the ideal sitizen should
be. You mentioned that he is lack
ing in patriotism and, to sum up,
bold, bad mar; for the reason that
he insisted upon trying certain paw
ing cases one by one, and not trying
all Of them together in one suit.
AS have been, in the last week
or two, Insisting that certain paving
cases should be taken up one by one
for trial conclude you refer to my
self 1 have been insisting aud l shall
continue to insist that these pavtng
cases be tried one by one for the iea-
son that have been unable to have
them tried all together in one suit.
On the 21st day of March, 1904.
filed a motion to have the cases all
tried in one suit, setting forth as
reason among others that 1t would be
cheaper for the abutting owners and
for the city. 1t would save much time
and expense. The attorneys for the
city resisted that motion with might
and main and prevailed upon the court
to deny it. The resolution was denied
I. ha oh,,ttinO
were compelled to have their cases
taken up and tried one by one or not
at all. 1t seems to me, for the sake
of a square deal, that 1T would be
much better, Mr.. Editor, If you would
turn your batteries upon one OF the
Judges Of the district court and the
attorneys for the city who made 1t
to have these cases tried
all together in one suit.
Forty eight citizens, men and wom-
en-, believing that the Barber Asphalt
Paving Company had refused and fall
ed to perform it's part of the contract
of paving, prepared written exceptions
and objections, the specifications clear
ly pointing out wherein that company
failed to comply with its contract.
They filed these with the city coun-
Gil, calling it's attention to the fraud,
before the assessment was made. The
city council declined to look into the
matter and without knowing
whether the charges were true or
ty-eight people select execu-
tive committee to MANAGE 4 paving
suits This executive committee is
composed of r. e. Sears, A.. T. Bir-
chard, NJ. E. Andrews, III. G. Wilson
and d. T. Smith. The city councils
failure to look into the matter COM
PEELED them to take an appeal to the
district court. The evidence already
taken in the two cases tried shows
that these contestants
were right That the charges they
made of fraud on the part Of the Bar
Der Asphalt Paving Company are true.
The evidence shows that the wearing
surface and the binder course were
not in compliance with the contract.
That the Barber Asphalt Paving Com
pany used about one-third less mater
ial in these two courses than the con-
tract required. The evidence shows
that the combined curb and gutter was
not in compliance with the contract.
The curb in it's perpendicular depth
was to be IL inches. The evidence
shows it to be about 10k inches. The
gutter flag was to be 8 inches thick;
instead it is only about five. The bed
for the combined curb and gutter was
to be gravel or crushed stone inches
In depth. Instead, one of sand only
about 31s inches in depth was put In.
In this contention as against the
Barber Asphalt Paving Company and
it's fraudulent practices, am on the
side Of the forty-eight citizens. Mr..
Editor, on which side are you?
The city is not liable on the paving
contract, neither are the abutting own
ers They are not liable, either NOR
ally or legally. These forty-eight are
respectable, tax-paying, law-abiding
citizens Many of them helped lay
the mud stills Of the town. There are
many abutters paying their paving tax
who believe it is wrung from them
by fraud and deceit.
j. M. PARKER.
Marshalltown, April IS, 1905.
rCol. Parker has misunderstood the
language of the newspaper article, for
no mention was made Of a certain
100 ,,otl,or tho statapoant made