Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-16
cn Attorney nsssie Ends Con-
lfavesy By Deciding That
Action Was Legal.
.oHlY MAYORS SIGNATURE WANTED
Active Work Probably viii Begin just
% Soon a. Successful! Contractors
Can Get Material Here-Furher
Protest From Mr.. BateheIor-Re0u.
lar Board MeetinS.


cussion, the board OF aldermen ias'
night concurred in the various ordin
ances adopted by the common couhc'
naming the streets to be paved aho
ietffpS contracts for the work to Dc
done with the 100000 derived IRON
the recent bond issue. 1t is expect
ed that Mayor Marquis Jones Will
siSn the ordinances today. and II he
does SO work will begin within rev
weeks, or just so soon as the con
tractors can get their material here.
]. W. Davis gets the contract fcr
PEBBLES block: Alsop & Pierce the
contract for macadam and concrete
curb and gutter. and the Washing,
ton Asphalt Block and Tile Company
for block asphalt. The list OF streets
to be paved and material to be USED
has been published in these columns
It was generally known that the
aldermen desired to concur In the &C
ton OF the lower branch. and the only
question was whether or not the city
had the right to award the contract
to ]. w. Davis. for PEBBLES block.
when the Cleveland Trinidad Paving
Company had submitted a lower bid
on Pennsylvania fire clay brick.
Hence everything hinged upon the
opinion of City Attorney Massie upon
this point, and the reading OF the opih'
ion was awaited with interest by mem.
bers and spectators.
MIR. Massie's opinion. which was
given at some length, was to the eff
feet that, under the circumstances
the, city's action in giving the con-
tract to ]. w. Davis would be legal
He went On to say that he believed
this at the time the common council
acted, otherwise he would have advis-
ed that body differently. and that
since making a thorough examination
into the matter he was convinced that
he was right. He called attention
to the fact that the engineers report
showed that the Pennsylvania brick
did not stand the absorption and abra-
sion test required in the specifications
ana that the PEBBLES block did stand
the test: and that the Cleveland Trini-
dad Paving Company, not being a
manufacturer Of brick. had failed to
file a letter from the manufacturer
authorizing the bid and guaranteeing
"a furnish the material In the neces-
cary quantity and at the proper time.
Reference was made to the fact that
such q letter was sent TO the city at
torRey after the bids had been opened.
and the council vas advised that this
did not make the bid regular
3 NJ. Bachelors Claim.
"A letter from Mr.. O. D. Bachelor.
as counsel for the Cleveland company.
WAC read. Mr.. Bachelor claimed
that the test made by the city en-
xineer was not a proper one. and in
sisted that the council have a test
made BY experts. He held that when
his company sent the letter of the
manufacturer to the city attorney 1t
complied with the spirit. and he be-
lieved, with the letter OF the require
ment Of the advertisement.
Submitted with this letter was a
letter from an engineering firm in
Cincinnati stating that under stan
dari test the Pennsylvania block
showed an abrasion Of Is per cent.
Test In New York.
City Engineer Pearse submitted a
letter from ]. W. Howard, consulting
eneineer on pavements Of New York
city, IN which Mr.. Howard stated that
be had tested samples Of the PEBBLES
and Pennsylvania bricks. and that the
Pennsylvania showed % per cent Of
abrasion, and the PEBBLES Is per cent
This result was practically the same
- that Of the ties. made by Sayre
Bros, for Mr.. Pearse. Mt. Pearse
sent the samples to New York for a
test Immediately after the last meet
inK Of the council. II was impossi-
Die to get the result Of the absorption
test in time for last nights meeting.
The clerk read a petition from a
nunber Of citizens living on Hampton
avenue between Roanoke and Chest
nSs avenues. asking that the city put
granite curb and brick gutter on that
block, ana piedR1ng themselves 10 Ia!
0ovement on the sidewalks in front
q their homes within a year. A ?e;i,
tioa vss also read from twelve RESI-.
aents Of Thirty-ffth street. between
West and Washington avenues. urs'
IN that the council pave that block.
Mr. West presented a commUnica'
ten from various residents Of Thirty
fbsrd street, between Washington and
Hunsiueson avenues. promising TO pa?
q total Of $775 toward the paving al
the two blocks mentioned. Each
psoorrty owner on the list pledged
himself to pay SIS. The communities
zjca was ordered fled
A6eVtse Wjshowt Discussion.
d. Lonean moved that. wfthou; fu: