The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-01
CITY BRINGS SUIT
Asks Big Sum From the Sewer
Contractors.
Claim $50, 500 ON Account Of
Faulty C0nstruc' ion.
THE M'CABE CHARGES.
Papers Recount Contractors
Settlements WithCity Engineer.
He, However, Is Not Included in
the Action.
THE M'CABE CHARGES.

AioiiA ". w. bTOokS, M. w. Gilmore
and the Title Guaranty & Trust COM
pany of Scranton, Pa, in connection
with the alleged misconstruction OF
the Fifth ward sewer for $25,500 in a
suit filed today in the district court.
James McCabe, former city engineer,
is not made party to the suit. Sepa-
| rate suit will be filed against McCabe
to recover $1,000 under bond furnish
| ed by him at the time he assumed the
duties of his Office.
The section praying for judgment
| states: Wherefore the plaintiff, the
/ city of Topeka, prays Judgment
| against said G. w. Brooks and NJ. w,
Gilmore and the Title Guaranty &,
trust company of Scranton; Pa, now
doing business under the new -corpor-
ate name of the Title Guaranty & Sure
ty company, defendants herein, for
violating the terms and conditions of
said contract, as hereinbefore set
forth. in the sum of $25,5OO with in
terest thereon from September 1, 1905,
at the rate of per cent per annum
and for the costs of this action and for
other proper and equitable relief
The Title Guaranty & Trust COM
furnished the bond required by the
city from the contractors. The suit is
really upon the bond furnished and
which was to the amount of $57, 1881
because of alleged changes in the
sewer from the manner in which it
was originally planned and which has
rendered the sewer defective accord
ing to the claim set up.
Fifteen hundred :. dollars is asked
because a raise was made in the 12-
inch main al the manhole on Hunting
ton avenue at the alley west of Tyler
street and extending west to the man.
hole at the alley west of Polk street
hof line fao a
the flow line required and because the
10-inch lateral from the manhole on
Huntington avenue to Douthftt avenue
in the alley west of Polk street was
raised about 5 feet above flow line
required.
One thousand dollars is asked for
the reconstruction necessary to lower
10-inch lateral in alley west of Har-
rison street from Huntington avenue
to the north line of orchard Place ad-
dition so that the flow line of lateral
is ten feet above flow line as required
by plans and specifications.
One thousand dollars is asked because
of alleged misconstruction of catca
basins That the basins were built from
q to II per cent smaller than plans pro-
vided and that the efficiency was there
by lowered so per cent. That but ono
course of brick was used at the bottom
when two courses should have been
used and that further violation of the
contract was practiced in constructing
the catch basins of one course of brick
toothed instead CT two courses. A total
number of 80 catch basins were con-
structed.
Two thousand dollars is asked because
it Is claimed 6S manholes were built
three feet shallower than Is provided by
contract and because the bottom was
constructed of but one course of brick
instead of two and also Of the failure to
plaster with cement mortar inside and
outside.
That McCape demanded $3.700.20 from
Brooks &. Gilmore for permitting them
to violate the terms of the contract in
the construction of the sewer is claim
SET forth in the suit. That Brooks e
Gilmore agreed to pay and did pay
81, 500 of this sum is also claimed
The Charges Against McCabe.
These transactions are set forth in
full as follows: Plaintiff further al
leges that when said As inch two ring
brick sewer ives completed to the inter
section of Eighteenth street and Kan
sas avenue on or about January IL, 1905,
said James McCabe. demanded for his
personal use and benefit the sum of $500
from said Brooks & Gilmore, on the
ground that said Brooks & Gilmore had
not excavated said sewer to the depth
required by the plans and specifications
in said contract, and said James Nc
Cabe had included the full cost of ex-
cayating the same to the depth required
by the plans and specifications in his
estimates and said estimates had beeli
paid by the mayor and council of Tope-
lxa and said sum of $500 was the cost
ar contract prices OF eXcaVat1ng the
earth. loose rock and solid rock which
said Brooks & Gilmore had contracted
to excavate but failed to do SO, and on
ar about January H. 1905. said Brooks
q. Gilmore did pay said James r. NC
Cabe said sum of $500 for his personal
use and benefit as a consideration Tor
his permitting the construction of said
sewers at less depth than required by
the terms of said contract.
plaintiff further alleges that on Or
about June 1. 1905, when the main
line of said sewer system was COM
pleted to Huntington avenue at the al
lev west of Harrison street, said James
F. McCabe demanded for his personal
use and benefit the further sum or
100000 from said Brooks ana Gill
more, on the ground that said Brooks
and Gilmore had not excayared .sa1d
sewer to the depth required by the
plans and specifications in said con-
tract and said James r. McCabe had
included the full cost OF excavatfng
the same to the depth required by said
plans and specifications in his eSt1-
mates and said Brooks and Gilmore
had been paid the full amount of said
estimates by the mayor and council
of Topeka, and said sum of $2,0O0.20
was the cost at contract prices of
excavating the earth, loose rock and
solid rock which said Brooks and Gill
more had contracted to excavate but
failed to do so and on orabout June IA,
1905 said Brooks and Gilmore did pay
said James F. McCabe said sum of
$4,000 for his personal use and benefit
as a consideration for his permitting
the construction of said sewers at a
less depth than required by the terms
of said contract. 81
Plaintiff further alleges that on or
about August /, 1905, when said
a