Daily capital journal. (Salem, Oregon) 1903-1919, 1906-06-12

"Who gave you authority to make
the starting point at the grade in the
o7dinanee'"
Mr.. Bayne-''It was discovered that
the grade was too high in the first or
/ dinanee and Mr.. Byers furnished me
the figures, which 1 have in my peck
ct and which I expect to keep for my
own protection. Mr.. Downing was on
that committee on ordinance and Mr.
Aeheson was its chairman, and If there
was any mistake in the figures they
should have known il"
Mr.. Downing, to Mr.. Bayne-"Did
you not tell property owners there was
flaw in the eontraeti"
Bayne-''I did not know was to
be brought here and placed on the wit
ness stand; if 50 want stenog-aph-
er and Downing's testimony taken"
Downing-'Mr. Bayne has in my
absened accused me of everything
mean in the calendar. / don't think
Bayne acted the gentleman in not teR
ing the street committee when he found
flaw in the contract. ByeTs gave me
the field notes which contain the fig.
ures the work has been done on. il
the ordinance was framed on his fg-
ures too, then he is in a close box.
We did not look at the ordinance.
Acheson and / had too much conf
denee in Bayne's honesty and we were
in hurry"
Mr.. Acheson--''we did not look
over the ordinance at all.
| Mr.. wallaee-''I don't think eouA-
ell has any right to order any work
done except on the grade in the Ordin
ance. It's up 10 the people in that
section to say what grade they want.
Lowe-''we should have the people
petition council as TO what grade they
want
Here Mr.. Bayne said that Mr. Down.
ing and others had been over on the
ground with petitions and had
"queered' the whole cheese. To .
certain extent they had lost confidence.
"If they will leave the people alone, ]"
he said "perhaps the matter can still
be adjusted"
Mr.. Downing said he was over there
and spoke to four different men on the
matter. He had a petition in his peck
ct but did not draw it.
John A. Carson, representing some
Of the property owners, said that it
was not necessary for council 10 order
the wO7k to 20 ahead. Everybody. he
said, knew that when the street ear
track was laid, that was the grade.
As matter of LAW any objection
comes too late now.
Charles MeNay, representing the
Warren Construction Co.. said that the
contractors felt secure in their rights,
but they wanted council and the peo-
pls to agree on a grade and they want
ed some action soon.
Mr. Carson said he did not eritieise
1.-THE Warrens for the manner Of work
at all; only for the delay, Mr.. Carson
went on to say he saw some Of his
neighbors saw of four inches from the
stake and lower the grade themselves.
Mr.. Bayne-'' Ham Smith and 9th.
ers got permission from the street com
missione7s to lower the grade and in
giving that permission Mr.. Downing
went beyond his authority. "we viii
not be bulldozed." " he said, "DOwnine
has tried 10 put the blame on me and
l resent il. He knew of that mistake
why didn't he bring it upi What Mr.
Carson says is not true. A protest
was nade at the time"
Mr.. Bayne and Mr.. Downing had a
vigorous dispute as TO which knew OF
the sTor first, and finally agreed that
theS both knew of it in April, or be,
fore the Linn county surveyor went
over the ground
Mr.. StenslOf -"They al contend
no one has ordered them to stop; theu
let them go ahead and 10 the work. f"
Hoe Mayor Waters got in a word
edgewayS He explained that the re-
cent resolution ordering the company
TO proceed with the work according to
eontFaet, virtually stopped them from
work on the street ear grade.
Councilman Jacob made . careful
speech in which he said he wanted
whatever steps tsksn 10 hs legal.