Daily capital journal. (Salem, Oregon) 1903-1919, 1907-01-31
OPPOSE
PAVING
BILL
How Bitllithic Brand
Is Being Attacked
Senator Malarkey. Attorney
For Rival Firm Presented
Measure
(Daily Astorian.)

A measure bearing the harmless
title of can act to insure competi
tion in the letting of contracts for
public improvements" introduced by
Senator Malarkey, is said to aim par
ticularly at the Bitulthlc Paving
Company in Portland and to advance
the interests of the rival paving con-
cern, the Barber company, of which
Senator Malarkey is the attorney.
The act is brief, but its extent Is
sweeping, and will embrace the en-
tire state If it becomes law.
Opposition to the billsis already
developing, and IL opponents of the
bill do what they say they will, there
will be red-hot debate over its vir-
tues on the senate floor. Here is the
complete bill:
| "No municipal corporation shall
adopt plans or specifications for the
paving or Improvement of any street
or highway or for any public i'm
provement required by law to be
made by contract let after competi-
tive bidding, when such plans or speci
| fications require the exclusive use OF
any patented article, or process or
any article or process protected by
any trademark or any article or PRO.
cess wholly controlled by any pergon,
firm or corporation or combiDation
thereof.
According 10 Senator Malarkey,
the measure will have tHe effect of
giving property ownerT and taxpay-
ers the benefits of r9al competition
in the letting of co9,fracts for public
improvements, andK will prevent the
insertion in ordinances for the paw
ing of streets oDthe trademark brand
of some particular article or prepara-
tion.
"spocIfyyng that only one certain
patented or trademark article or
preparaH Ion shall be used in piece
OF public work creates monopoly" "
declares Senator Malarkey. such
methods prevent competition, for IL
the specifications declare that only a
ceNain brand OF a needed article can
bS used, only the people who control
Mat brand can bid. and they can fix
dtheir own charges.
"The ingredients of any prbpara-
tion can be learned by analysis,
When the specifications refer only to
an article by the trademark brand
adopted by one maker or user there
Of, without naming the ingredients or
qualities of such article. no other
\ maker or user of such article could
comply with such specifications with
: out infringing such trademark.
by smooth manipulation, agents
of a trademark monopoly can some
4 times induce members OF city coun-
ellis to Insert in ordinances calling for
improvements their particular trade
. marked brand of some article or
preparation, thus causing a monopoly
and shutting out competition. The
measure / have introduced is similar
4 to existing laws in Ohio, New York
and other states"
Quite the contrary view is held on
the Malarkey measure by other sena-
tors. and they have announced their
determination to express their ideas
on the subject later These senators
contend that Senator Malarkey Is IA
therlng the measure In order that the
Barber Company he represents will
eliminate from the market its sue
cessful rival. the Warren Bithulithic
company Also that II the act be-
comes a law II will not only be felt
In public Improvements, but would
effectively prevent the purchase Of
standard and recognized commodi-
ties and articles.
Under the provisions OF Senator
Malarkey's act. say those who do not
iconsider 1t with favor. the lowest
bidder would receive the contract, ir-
respective of whether the property
owners wanted that kind OF street
Improvement or not. The bitulithic
company would bid. the Barber peo-
pie would bid. there would be bid
'for wooden blocks especially treated.
gravel, maeadam, planks and all the
many varieties OF paving. The low
est bidder would secure the work. al
though the interested parties might
prefer asphalt. bitulithie or bick paw
ing.
Owing TO the positive opinions en-
tertained for and against the bill. II
promises 10 be discussed with con-
slderahla heat