The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-01-31

The result of the meeting of the
City Council with the ditch owners
last night was, that the matter was
considerably narrowed down, and was
brought partially to head by the
council putting its side of the case
entirely in the hands of a committee
of three. The body however, did not
go so far as to make this committees
final decision absolute, for its report
or action must be referred to the coun
Gil as a whole for confirmation.
The meeting was called to order by
Mayor Stockard. All members were
present except Messrs. Burns, Church
and Jump. The ditch owners were
represented by about a dozen of their
leading members. A. L. w. Nilsson
was present, representing the Hondo
Stone Mfg. Co., in its claim in the
matter.
By the reading of contracts and the
hearing of different statements as 90
the acts tnat had been taken toward
the tiling of the Pierce-Cunningham
ditch, the status of the case was brot
before the council. 1t was shown that
the city had entered into contract with
the two ditch companies interested
in this ditch, by which the city is to
pay half the expense of tiling tho
ditch and to keep the tiling in repair
This contract was made Jan. 10, 1906.
The ditch companies entered into con
tract with the Hondo Stone Mfg. Co.
to make the tiling and lay it in the
bitches. Within 20 days the Hondo
Company began making the tile, as
the contract with the city stated that
the ditch owners would have the ditch
tiled by May Is, 1906. Afterwards it
could not possibly be done that
spring, so the ditch company was Civ
en- until December 1, 1906, to have the
work completed. The time for COM
pleting the work expired with none
of the tile in the ditch. The engineers
reported that it was not possible to
lay the big tiling ordered by the ditch
owners AID made by the Hondo Stone
Company in the ditch, as it would in
terfere with sewers. streets, alleys.
etc. This was not discovered until
practically all the tiling had been
made. BY the contract made between
the Hondo Stone Company and the
Ditch owners, the Hondo Company
was paid half of the contract price of
the work as the tiling were completed
n this way the Hondo Company has
received $4,000. About that amount
is still owing the company.
The burden Of the proposition is
that the Hondo Company has done
a major percentage of its work and
stands ready to lay the tiling in the
ditch. The time in which it was to
have completed the contract has ex-
pired and it has not been allowed to
finish it's work. This company wants
its payment for its work. All parties
concerned admit that the Hondo Com
pany should be paid what it has hon
estly earned and that it is in no way
to blame for whatever mistake mas
been made. The trouble is. who shall
pay the remainder of the money due
the Hondo Company, the city or the
ditch owners? The ditch owners have
paid the $4,000 already turned over
u Tile r1O-AuO S01npduy AAO4A PAOP~
sition is that the city should pay the
rest, pending decision as to the
best way out of the tifing proposition
When all the documents, contracts
etc, had been read at last nights NEE
ting the ditch people were invited tc
give their views on the matter. Mes
srs. Hodges, Slaughter and White re
sponded in the vein above described
Then the couacilmea took up theil
side of the proposition. raising tbs
question as to whether the city is re
sponsible for the mistake in ordering
filing that could not be used 1t was
co7tsnded that the city was to beal
its part of the expense after the tilins
Is laid and when the tiled ditch is q
reality. The city attorney gave this
as his Interpretation OF the contract
and he said 1s.rthpr f7aat a. was mn &c