The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-08-13
TRYING TO AVOID
LITIGATION
MATTER OF PATCH OF SLID.
ING GROUND ON IRVING
AVENUE IMPROVEMENT is A
vEXATIOUS PROBLEM.

over the question OF tue patcn oi
sliding and subsiding ground in the
Irving street Improvement seems to
be admitted from several sources.
Ii the work on the improvements
were to be stopped now, it is feared
that certain ones within the assess
ment district would endeavor 10 free
themselves from liability under their
assessments.
That is one horn OF the dilemma
that presents itself.
On the other hand. il the work is
continued with, and accepted, il is
taken as almost a foregone conclu.
sion that it would only be a matter
OF days or weeks before the street
would be impossible; and the ques-
tion naturally arises: can the property
owners be compelled to pay for work
that they and others knew in advance
would turn out 10 be merely so much
botch work. That is the other horn
OF the dilemma.
Either way the situation seems to
point to possible litigation, If the
work is continued as at present, and
accepted as soon as the thorough
fare can be. made to retain even
semblance OF completeness, that
would leave the property owner to
bear the burden OF an unfinished job.
On the other hand, If the work be
given pause now. and some new
contract made, can the property
owners within the assessment dis
trict still be held liable for the work
that has already been done.
Just how serious the situation is
may be guessed from the fact-as
fact it apparently is-that T. A.
Girding, the constructor, who is
working further along on Irving ave-
nue to the west, and is disposing OF |
a lot of earth, has already been haul !
ing dirt for seven weeks and putting
it on the place that sinks. Yesterday !
it was said at the city hall that Mr..
seven weeks work has not
filled up the place a foot 1t sinks as
last as filing up.
Down near the water front there
was a small barn, or shed. The NOV
ng earth, with the action OF ter
ninal moraine, started to carry this
shed along towards the water. A
rec stood there, also having a move
nent, albeit slower. The shed
struck the tree, and one side of the
shed was lierally torn off. This
happened with the past week.
The article in The Astoria yester
lay in relation to the matter attract
ID much attention and also caused
ome of the wiseacres to suggest
Dlans for handling the sliding hill.
The plan Of building deep concrete
sunk right into the soap {
tone foundation, is suggested. An
ther plan is to explode dynamite, or
itro glycerine, down in the soap I
tone foundation, thus breaking up t
he smooth and slippery surface. 6
City Attorney Abercrombie, when +
cen by a representative Of the AS: {
orian, suggested plan which would 4
pparently solve the problem of
litigation and at the same J
me of allowing a cessation in the a
,ork to the end that some plan for q
topping the subsistence may be b
ound, if it be possible to find plan. a
Ir. Abercrombie's idea is to simply 5
ontinue Mr.. Goodin's contract for t
tx months or year, to allow ample
me to study the situation, and then a
} impose another assessment dis b
-ict right over the present one, or c
yer a portion of the present one. f
his plan would not permit any to s.
Scape from their present liability ic
nder the existing assessment and v
ould at the same time permit new n
,sessment for additional expenses, p
found necessary.
The sliding or subsiding place is R
etween Eighteenth and Nineteenth
reefs, and is not many feet in
idth. On both sides Of this the p
lrth is perfectly solid. Of course b
lere is no blame to be attached to n
lyone, not to the contractor, or to te
e city officials. 1t is simply a con c
ton, and yexatious one, that has la
isen to confront them. Naturally N
ontractor Goodin wishes to come out 81
hole on the matter, and just as ma
rally the property owners wish to eN
nserve their rights as best they dr.
ay. D
Henry M. D'Elia, who resides at W