The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-04-28

a local asphalt company had the ex-
elusive control of all available lime
rock saturated with asphalt in this
locality. and for the reason that other
persons would be- precludcd from bid
ding on the work At the time Of this
conference the defendant was told to
prepare the spcCiilca ions i'm such n i
manner that there would be- compoti-
tive bids: IN accordance with these
instructions Dee did prepare spocificl-
tions calling for "a good quality OF lime
rock i'm place ot lime rock saturated
with asphalt the said specifications
further providing the per ccutum of
bitumcn that the pavinz must con-
tain the effect Of said specification
pavement nov ON the streets of Ard
more When these spccifcltio. we're
prepared. the Mayor came to the de
fcudaut aud atod that hc wanted
rock asphal pavement and like the
| pavement on the streets here. which
| was the best IN the world. aud which
statement at the time this dcfcndan
/ heartily subscribed TO and Informed the
Mayor at the time that his specified
. ious called for the Identical pavement
| existing here and whore so written
that there would be- competitive bids
for said work Thcreupon the plain.
] tiff insisted that Engineer re-wri'c
the specificar ions, which defendant
hesitated To do uutil instructed by The
/ full BOARD. but when the Board passed
a resolution ON the 2Sth day OF Janu.
ary 1910. directing specifications to
he identical with those that werr
used in the paving of Main and Wash.
ingtou streets and other streets. this
defendant at once made specifications
80 they were Identical so far as the
bids were offered. there was only one
bid for the work and same was award.
ed to this one bidder. and later. when
= it became necessary To have soc.
, ond bid ON account of some misundcr.
standing as to the width Of the drive.
way. there was only one bid. and that
. was by the same local party.
, EIilIT-m answer to The para.
! graph number Sin. the defendant
D simply denies the allegation in toto
70 NlNE-'ln answer to charge mum.
T. bcscd Seven. defendant states thar
: he has never refused to prepare
+ plans for enlarging the storm sewers
=. and Paradise alley. but to the con.
{ trary. he has recommended that the
h work be done and that he dill this
r in writing by letter To the acting
' mayor on October 2lst. 1905
TEN-In arsN-l to paragraph mum
@ bcrcd Eigh said charges, Ief-ud
ant denies that he at differen. IN
? stances has established sidewalk.
Il either above or below an established
e grade. but states the facts to he that
i he has made no changes In grades
l. except whore he was so dirac'cG ty
II proper ordinance or resolution. II
J. regard 10 the si!cwalk of w l.
~ Poland, on ID street, southwes-, de
y fcndant states that there was error
e in putting this down which crrol
p is chargcable to the fact that tn,
d sidewalks ON the opposite side o
o. the street were Off grade which er
e. ror was called To- the attention O
l. ". Il. Burnitt. commissioner. o'
I February lst. 1919. by letter, an,
d there has been no action taken oI
g II In this connection defendant state
'e that the stakes for sidewalks wer,
u set hy transit man aud the wofi
on this grade was not done by hla
u personally lie specifically denic
c. that. owing TO his dereliction or I'm
n competency, the city Is being mulch
IA cd IN salaries
eleventh reply 10 charge nun!
IL bcrcd Nine, defendant states tha
lc the mayor did not come to hin
d or or about the 10th day Of Arri'
r. 1910, ana order First avenue. south
g west, 90 be- widened and him to rur
q uish N-ures on the width of s,me
# Defendant states that he lid not re
{. fuse 90 do the work. but cal,c,
.e the MAYORS attention 10 the fac
"a that tur width of this street wa
T. fixed log resolution or ordinanc.
%. approved September jth, 1905, an,
D. under the terms OF said ordinance
a. the sidewalks had been coustructa,
and yurbs erected and to arbitrariu
10 change this would work a hardship
r ON the abutting property owners
q When defendant was ordered Il
% make this change, he stated in sub
g. stance that hc hcsitatcd to do thi
ID work unless there MAS SIN, nrIi