The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-02-08

1 HSAL Is pdSSOu, anu IHS SltudtiOH d.
viewed from the side of the Ditch
Company is as follows:
| A contract was made between the
North Spring River Ditch Co.. a cor
poration, and the City of Roswell
signed for by its Mayor, J. F.Hinkle,
that they were to equally share the
expense of tiling the ditch through
the city from Washington avenus to
Railroad; said city to pay it's share
.'as work progressed while said
| Ditch Company named as the time
limit for the undertaking December
| 1st, 1906.
City then put aside $4,000 in spe-
cial fund to meet their part of obli-
cations. 1t was well understood at
! the time, and admitted in Council
chambers recently, that the reason
| the Ditch Company was to assume
| the tiling was because of the tende.l-
cy to hold up the city for all work.
A contract was then made by the
Ditch Co. with the Ho1luo Stone Mfg
Co. to supply the ti1ing. This has
been paid for as made to a point
where the Ditch Co. had purchased
| it's SO per cent of the entire estimat
ed amount of the tiling necessary.
The Ditch Co, when the proposition
came up, employed competent engi
1eer, who submitted profile of the
ditch through the city, showing the
amount of fall obtained by going over
the line of the ditch.
The fact of the water flowing thru
the ditch seemed to be sufficient to
guarantee water flowing through the
tiling if laid. When it came to get
busy with the work, the same engi-
neer was approached to go over the
situation again and outline the work,
and to advise with the City Engineer,
who had refused to have the tiling
laid solely on his say SO of grades,
etc. The City Engineer was the man
named in the contract between the
Ditch Co. and City to represent the
City in tiling of the ditch, and he is
the man who o. KID the vouchers
which were paid the Hondo Stone
Mfg. Co. as tiling was delivered, said
vouchers being paid out of the funds
of Ditch Co. to the extent of $3.50.
The Ditch Co. did not even request
that one-half be paid from the City
fund, set aside and in bank for tiling
purpose The Ditch Co. was unable to
get the services of the engineer, who
had made the original profile, altho'
they waited three weeks. At the ex-
piration of that time the heavy fall
of snow came, which made another
unavoidable delay. After that another
engineer was procured to go over the
ditch, with a view to laying tililg at
once. He reported that it would be
impracticable to lay the tiling because
of the uniform grade necessary for
closed conduit, in order that the
ditch should flush itself, and said the
grade would put the tiling inches
above the ground at a certain place,
and nowhere would the tiling be en-
tirely under the ground; also that the
uniform grade obtainable would be
only 71a tenths of an inch to each
100 feet.
The fact that the ditch now turns
corners at right angles, because OF
people diverting the same around
their property, was apparently some
what overlooked at the time. as in
laying tiling the line of the ditch
could not be followed, 1t requiring
straighter course.
In view of the new conditions which
loomed up unexpectedly as obstacles,
the Ditch Co. let the matter rest and
requested to meet with the City Coun-
Gil to decide upon course of action.
In the meantime date for completion
of work passed by. When meet
ing was finally arranged, whereby
the Ditch Co. and Council met, the
City Attorney held that the contract
was forfeited by Ditch Co., by non
completion of tiling ditch, although
admitting that the only reason the
Ditch Co. was to take the Initiative
in the proceedings was because of
their supposed ability to make a bet
ter deal, and admitting that the two
companies were really partners in
II. Il0 ClIy Attorney dQIlIIlCu III d w
ing the contract himself. At this
point the Mayor asked If the Ditch
had a lawyer to represent them,
which was the first intimatfon that
the city did not stand by them in the
dilemma Ditch Co. asked that the
city pay their share of the tiling at
once. A committee was then selected
to meet the ditch committee with
the evident intent of reaching an
agreement to be submitted for final
action to the City Council They met
upon agreement and the committee
was as follows: Council, Robinson,
Wyllys and Wisely; Ditch Co., White.
Veal and DeFreeSt.
The Council asked of the Ditch Co.
had a proposition, and they submitted
a written one to the effect that il
the City would pay its part OF tili1g
expense incurred they would join CT
ditch. also offering