The Bridgeport evening farmer., 1911-08-08

the then existing pavement there was a one-inch sand cushion, which is the regulation depth, when in fact the cushion was three inches in depth. This circumstance was unknown to the engineer at the time he gave the first grade, and this miscalculation necessitated a change of grade both by the city and the Connecticut com pany after a portion of the work had been performed, for it was a saving of money to the city if it could use the old concrete foundation. Such saving resulted from the new grade and the city was put to no expense for such change. On Park avenue the engineer established proper grade. which was subsequently, changed to satisfy the director of pub lie works. The committee considers the proper grade, as it appeared to be, the engineer should not have changed it. The testimony as to the location and relocation of the curb on Spring street has developed an in- teresting question, and 1t has not been conclusively shown by the evidence who ordered said changes and who is liable for the expense accruing from said alteration, but, on consideration of all facts, the committee considers that said orders must have issued from the office of the city engineer
 
 alteration is still question in con- troversy. AS to the establishment of grades on Ashley street, Crown street, Harmony street and Hawthorne street, the committee cannot find any justification for the alleged charges. In establishing a grade on Living ston place the engineer has only obeyed the councils orders, and he is in no way to blame for any in- jury to property owners who built at a private grade, for in doing so such persons assumed any damages that might result.
 In the erection of the seaview ave- instructions given him and erected said sewer in conformity to con- tract between the city and Mir. Will mot and said charge is unfounded. In the construction of sewers the engineer has no right or authority to exceed the councils orders, for, by so doing, he is assuming a legislative function and was not justified in ex- tending Warehouse street sewer 2e1 feet without the councils sanction.
 In constructing the sewer in Liv- ingston place the council ordered him to go as far as the grade would per init and in extending as far as he did the committee does not consider that he exceeded his orders, but do consider that he used poor judgment in constructing a sewer that is only two feet below the level of the street.
 It has been shown by the evidence, as well as by the admissions of the city engineer, that he has incurred bills in excess of the appropriation allowed for his department by the board of apportionment. Said bills have been illegally contracted and many remain due and unpaid.
 The committee does not. consider hot hn will Ky any money appropriated for special purposes in the general conduct of his office, but finds that he has charg- ed these special appropriations with any account that directly or indirect ly affected the special account so charged.
 The use of men for the purpose of measuring curbstone surface. and for the counting of. automobiles. in the opinion of the committee was not the use of proper Judgment, when the ap- propriation was likely to be used up and where work of more importance remained to be done or where such an interval of time remains before the next appropriation would become available that certain jobs of the ut most importance might arise and re- quire immediate attention.
 The engineers action paying cer- tain salaried officials wlNe they were absent from work, because of sickness or disability, was only fair and equf- table, but the committee considers that it would have been better for him to have first obtained the consent of the common council before he paid same on his own responsibility
 It was with surprise that the com mittee learned that certain employees of the city engineers department were compelled to either loan money to the engineer or pay over part of