The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-02-17

Unable to determine who Is respon-
sible for the condition of the Devil
liers street sewer, the city attorney
last evening addressed letter to such
effect to the mayor and the board OF
public works, and that board put it
squarely up to the council in a resolu-
ton calling for an appropriation OF
$4,000 to be used in re-laying the sewer
which is readily and unheasitatingly
pronounced defective, and cannot be
used. AS soon as the mayor received
such a conclusion from the city attor-
ney, he notified the chairman of the
board of public works. The chairman
was forced to leave the city at p. m.
yesterday, but the board held a session
at o'clock and passed a resolution,
referring the city attorneys letter to
the council, which has been called in
special session tonight at o'clock by
Mayor Reilly, to act ON the question. :
What the council will be requested
to do at this special meeting will be
that of appropriating the sum of $4,000
with which it is intended to relay the
sewer from Chase street to Govern
ment street. That was the defective
portion of the sewer on DeVilliers
street, and an estimate from the city
engineer, furnished he board, places
the cost of the work at the figure
named
The board of works considered the.
communication of the city attorney in
secret session last night. This was
done previous to the board being called
to order to act upon the routine of
business on the docket. The meeting
was held in the mayors office. Those
present were: Mayor Reilly, DR..
Blocker, DR.. Quina, Mr.. Fisher and Mr.
Schad, members of the board of
works; City Engineer Thornton and
City Clerk Aymard. Upon 'convening
in open session. the board submitted
iaHd PISSED the following resolution:
THE RESOLUTION.
Whereas, the city attorney has ad-
vised the board of public works that,
from the evidence submitted to him in
the DeVilliers street sewer matter, and
from the evidence gathered by him,
that he is unable to determine who is
responsible for the condition of the
DeVilliers street sewer from Chass
stree to Government street as report
ed by the city engineer; therefore, be
it
Resolved, that the city council be
requesed to appropriate the sum or
So, 900, or as much thereof as may be
necessary, to relay the sewer, in order
to keep from delaying the paving work
on DeVillier street.
AS soon as the resolution was read
and passed, Mayor Reilly stated to the
board that he had called a special
meeting of the council for Thursday
evening at o'clock, adding that he
did not want to have the paving longer
delayed
ATTORNEY WANTED FACTS.
At the time that the matter was re-
ferred to the city attorney, Mr.. Jones,
the latter made request for facts. He
stated that opinions had been ad-
vanced, some by the consulting en-
gineer, some by the city engineer, but
after all they were opinions alone, and
he wanted facts. What he had, and
the statement was made at the time,
was simply difference of opinion be-
tween the engineers. At the time it
was also stated that with the lack or
direct facts bearing on the case in
hand, there could be no responsibility
for the condition of the sewer arrived
at. In such an expressed opinion,
some of the aldermen upheld the city
attorney and it appears, in view of the
long opinion which was considered in
secret session last might, that the facts
were not presented.
DELAYING PAVING.
All the time that the sewer remains
incompleted and unused, the paving OF
that street is held up. Curbing has
been placed for the entire length OF
| that street, or the portion to be paved,
but that was as far as the work in the
paving line had proceeded on Devil
liers street, and the contractors have
more than once had the matter up
with councilmen relative to the delay
which they were forced to suffer.