The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-09-13

Topeka 0Kan.) Daily Journal.
Suit will be brought against James
F. McCabe, former city engineer, and
Gilmore & Brooks, contractors, on the
charge of collusion to defraud the
city in the construction of the Fifth
ward sewer This was decided last
night by the city council after the
sewer committee, E. Montgomery, G.
G. Blakely and c. H. KutZ had made
the report regarding the sewer inves-
tigatio1 to the city council. a
The report is lengthy and goes into
the details of the mis-construction of
the sewer and closes WITH a few re-
marks regarding the report of the
expert, Ellis, who whitewashed every
thing in connection with the sewer
construction.
The committee also gives it as its
opinion and the opinion of the former
mayor, W. H. Davis, and the special
committee appointed by MIR. Davis to
| investigate the sewer matter, were
imposed upon by Mr.. Ellis and the
committee believes that the former
mayor was premature in reinstating
City Engineer McCabe and his assist
ant, w. E. King, while the Fifth ward
sewer was still under investigation
by the sewer committee.
The committee sustains the charge
of M. w. Gilmore that the sewer was
constructed for a distance of 1,040
feet, at an elevation of eighteen incn-
es higher than the original profile. 1t
finds that the sewer was not as deep
as it should have been the contractors
having saved in excavation; that the
city paid $122.50 more for the brick
part under the railroad tracks than
it should nave paid; that there was a
rise of four feet at the alley on Hunt
ington avenue between Polk and Ty-
Ter streets, said to be made because
of rock, when there was no rock
there; that the sewer 1aterals were
all shallower than the profiles and
that there was no excuse for any de-
Walton from the original profiles ex-
cept to help the contractors.
In closing it's report the committee
states:
Your committee recommends that
in order to afford relief to the prop
erty owners in this district whose eel
lars cannot be drained that the main
on Huntington avenue from the man
hole where the 4-foot rise was made
to Western avenue, and the lateral
in the alley between Polk street and
Western avenue from Huntington av-
enue to the north side of Doutnitt
tract be reconstructed, and that by
covered from former City Engineer
James F. McCabe and Contractors
Gilmore and Brooks, and that our ci-
ty attorney be instructed to institute
Immediately suit in the district court
against these parties on a charge of
collusion to defraud the city.
On account of the wide difference
of opinion and conclusions concerning
this whole question as expressed by
your present engineer. john P. Rog
ers, in his report to this COMMITTEES,
which is filed herewith, and the opin-
luis anu COuCluSlOAS SAN1 SSoSQ ny
F. ELLIS, THE SEWER ENGINEER
FROM KANSAS CITY, in his report
to the special committee appointed |
to investigate this matter. your COM
mittee deems it well to point out and
criticise some of the glaring misstate |
ments of facts and illogical conclu-
sions contained in the Ellis report. A |
large part of the Ellis report is SO
irrelevant to questions submitted to
him for investigation and so clearly |
labored in an effort to lead to concln-
sions not warranted by the facts, as
to render his whole report utterly |
unworthy of any credence. When he |
finally reached the points at issue, he |
evaded answering or making any com
ment upon the main question at is
sue. the one fnat first aroused inter
est and led TO an Inquiry in regard |
to the construction of this sewer, |
namely: whether or not the sewer as
constructed would drain all the Gel
lars in the district. more especially |
those on Polk street north Of Douth- |
itf avenue. fronting east Ills attenr