The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-29
MAY SUE THE CITY
John Maxwell Thinks He Isn't
Treated Fairly.
Won't Permit Him to Start
His Grading.
MR.RICE WILL BE HELD
st. Joe Contractor Hasn't Made
Good.
Grading Man Files a Letter of
Complaint.

A damage suit is threatened against
the city by John Maxwell. grading con-
tractor. because he claims the city Off
Gals will not permit him to complete
MS grading contract for the paving let
TINS year. He has threatened suit for
the past several weeks and this morn
ing filed written notification to this
erect with the city clerk. Delay on
the part of paving contractors to get
their contracts under way is RESPONSE
bic for the refusal on the part of the
mayor and city engineer to permit
maxwell to commence in on grading
the other streets contracted for on the
south side of the river.
Various reasons have contributed to
the delay of John Richie. paving con-
tractor. to commence work. He is
now more than a month behind his
contract on the matter of time. He
should have had the paving of North
Kansas avenue from Gordon street
north well under way. Not one block
mas been laid on this street and Cen
traI avenue is in the same condition.
Maxwell. the grading contractor. has
rough graded both of these streets and
can not do anything more until the
brick has all been delivered. In the
meantime MaXell wants to employ his
teams on some of the other streets.
This the city engineer and mayor re-
fuse to allow. The mayor states that
he has no intention of permitting the
streets to be torn w. awaiting the
paving contractor. who would not
commence until the beginning of next
year.
who is to blame ?" was asked the
mayor with regard to the delay in the
paving.
The mayor shrugged his shoulders
I'VE will hold H. n. Rice respons ibIe.
He is the only man that the city recog-
nizes in this contract. He sublet the
contract to Richie. but we will hold
Rice responsible. We will notify Rice
of the action which MAXWELL n
plates and tell him We shall hold him
to his contract. If Maxwell should
succeed in getting damages from the
Rice
In trying to locate the blame the
mayor has had called before him in turn
the paving contractor, brick manufac-
turer, and the street railway officials
The paving contractor has blamed the
delay on the brick manufacturer, claim
ing that he could not get his brick
promptly. The brick manufacturer
claims that he has been unable to get
enough laborers but promised immed-
late relief. The street railway company
states that it is not responsible for any
delay and that enough of its new dou
Bile tracksore North ia nsas avenue, IS IN
place to permit paving to commence.
Il don't think that Maxwell could
collect from the city said the mayor.
Il think that under the contract he can
do nothing else but follow the city en-
gineer's instructions. 1 believe it's just
a bluff on his part"
THE damages I would ask would be
for $1,000 anyway. I don't care to state
how much I expect to ask said Max
well. L will finish up rough grading in
North Topeka about tomorrow and after
that 1 have nothing ahead of me and
the teams will be compelled to be idle
If I can't commence on the other
Streets"
The present system of letting con-
tracts is wrong" said the mayor. Il
and then let him sublet If he wants to.
In that way we can hold one man re-
sponsible for the whole thing. Let one
man do the paving, grading and roll
ing"
Il have not looked the matter up yet
and cannot say anything" said the
city attorney.
The following is the communication.
which Maxwell filed. His contract rep
resents s6,s66.OO:
Gentlemen:-You are hereby notified
that 1 am ready to continue grading the
following following streets and alleys in
the city of Topeka. Kan. in accord
ance with my contract with the city
dated June %. 1907, towit:
North Kansas avenue from the north
line of Gordon street to the north line
of Garfield street.
Central avenue from north line of
Gordon street to north line of Grant
street.
Jefferson street from north line of
Third street to north line of Fourth
street.
Madison street. from the south line of
Tenth avenue to south line of Eleventh
street.
Lincoln street, from the south line,
property. of Sixth avenue to the north
line of Eighth avenue.
West street, from the south line of
Sixth avenue to the north line of Tenth
avenue.
Topeka avenue. from the north line
of Huntington avenue to the south line
of Euclid avenue.
The alleys north and south, east and
west in the block bounded by Fifth
street. Madison street, Sixth avenue and
Jefferson street.
The alley north and south in the block
bounded by Jackson, Van Buren,, Third
and Fourth streets.
The alley in the block bounded by
Eighth avenue. Topeka avenue, Ninth
and Tyler streets.
You are further notified that the
mayor of the city of Topeka and the
city engineer of the city of Topeka re-
fuse to permit me to proceed with said
grading, and that if I do not proceed
with said grading, 1 will not be able
to complete the same within the time
required by my contract with the city
of Topeka towit: by January l. 1908.
You are further notified that I will
claim damages from the city of To-
peka on account of said action of the
mayor and city engineer of the CITY of
Topeka
TENANT INHERTTS HOUSE.