The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-03-30
CITY HALL NEWS.
City of Topeka Threatened With
Litigation Suit.
Unless Kaw Paving Company Is
Bonded or Prohibited.
MAYOR DOESN'T FEAR.
Says That He Has Confidence in
Local Concern.
Other Items of Interest From
City Building.
MAYOR DOESN'T FEAR.

According to the warning sent ou.
by the Kansas Bitulithic COM
pany of Kansas City, the city of
Topeka is in danger of being the de-
PENDANT in big litigation suit
amounting to at least $4,000 loss un-
less the Kaw Paving company, local
concern, gives up it's right to the lay
ing of asphaltic concrete paving or
furnishes bond amounting to $4,000.
This information came to Mayor
Green and City Attorney Dreaming to-
day and it came in the form of a long
two typewriter page communication
filled with reviews of suits, informa-
ton as to patents and warnings Of all
kinds.
1t seems that the Kaw Paving com
pany, organized in Topeka not long
ago is taking contracts in Topeka. and
other cities for the laying of asphaltic
concrete paving. This paving is a new
unknown. 1t is claimed by the faith
err of the local concern, man named
Blake and it is claimed by a certain
Warren Brothers of Boston. Mass. AS
a result cities all over the country
have been between two concerns and
litigation suits and patent rights have
been fought over at an immense cost.
Topeka has granted to the Kaw
Paving company the right and con-
tract to pave College avenue from Hun
street with the same limits. Before
the contract was granted the patent
rights and supreme court decisions
were examined by the city attorney.
the city engineer and the mavor of the
city. They found matters satisfactory
and tonight at council meeting it is
expected that the awarding will be
made.
The Kaw company claims that War
rem Brothers did not secure their pat
ent until long after their company
laid paving. 1t seems that the heads
of the Blake company have been lay
ing this kind of paving for years and
not until recently has the Boston con-
Germ secured the patent right to
paving almost the same.
The Kansas City firm in their letter
to this city does not threaten the city
with a suit at present but they advise
that Topeka make the local paving
company put UP bond Of $4,000 which
suit. They then end up with the
thought that it would be a good plan
to cut them out altogether.
The whole matter looks to the city
officials like sour grapes" affair.
Kansas Bitulithic company was given
a chance to bid on the Topeka paving
and they were asked to come and live
UP to the specifications. But they re-
fused, saying that the small amount
Of paving would cost them too much
the field. All this time, however, they
have tried to force out the local COM
pany.
Mayor Green said this morning that
he had little fear Of the threats of the
Kansas City company. He said that
the local concern had given the city
enough assurance to feel safe In
awarding the contract and the letter
would be placed on file. so to speak.
City Attorney Dreaming called it
bluff" He said:
I'VE will have this -Kaw Paving
company securely tied with a big
enough bond to cover all costs if any
thing happens. We are giving them
the regular bond with an addition of
patent rights, etc. This will make the
civ feel on the safe side and we have
nothing to fear
The bond on the company at the
present time is $1,000 according to the
mayor, and he says that this is all that
is necessary. The city attorney is IN
der the impression that a much larger
bond will be necessary. If the bond
was $50, 900 the local company could not
afford to bid at $1.39 yard and the
cost to the city for this kind of paw
ing would be almost twice as much.
The matter is left to reason.
There will be a special meeting of
the council at o'clock this evening
lust before the regular adjourned
meeting at 1880 to allow the taxpayers
on the new paving and WashburE
sewer bids to raise an objection II
| they wish on the reports of the APP
praisers At the last awarding spec
| ial meeting was held in this manner
and nothing happened. Mayor Green
| has been making excellent selections
| in his appraisers and the people are
| entirely satisfied. Another reason for
| the lack of objections this year is the
| fact that the city never received such
| reasonable bids on paving-the hot
cOmretition has lowered them to the
| smallest velvet" Some of the bids
were so low that the petitioners who
wanted third class paving at first on
/ accornt of the price repeti.ioned Ior
! first class afterwards saying that the
| difference between their guess and
the real figures surprised them into
| submission to the best.
| At a meeting of the public improve
ments committee last night all the
bids for paving, guttering and the like
were carefully gone over and when
| the meeting adjourned it was resolved
| to present to the council tonight the
recommendation that John Richie
should receive a big majority of the
thirty blocks of paving to be con-
| structed as the second batch" this
spring and summer. Ritchie's bid was
| curb and gutter, A cents for six inch
| and At cents for nine inch. The Kaw
Paving company will pave College
| avenue and Mulvane with asphaltic