Daily capital journal. (Salem, Oregon) 1903-1919, 1911-09-06
DURBIN AND
CITY ATTORNEY
LOCK HORNS
TILT CONES OVER MOTION TO
RRSC1ND CONTRACT FOR IN.
PROVING ASYLUM AVENUE
BOTH GET SARCASTIC.

Taunted by insinuations made by
Councilman Durbin that he had asked
the city for legal assistance in prose-
cutting It's cases in the courts, Grant
Corby, city attorney, last evening at
the meeting Of the council arose in
the council chamber, and after
branding the councilman as a "hot
air artist" stated that upon but two
occasions had he ever asked that
body for legal assistance, and also
state that any time that his services
we're not satisfactory to the city that
he was willing to resign.
Wrangle Over Contract.
The subject came up while the
council was wraugling over a resolu-
tion having for It's object the re-
scinding OF the contract of August
Kehrberger to improve Asylum ave-
nue. Councilman Lafky, Pennebak-
or, and Sauter were in favor of re-
scindlng the contract and awarding
it to another contractor because
Kehrberger had not completed 1t
within the required time, and so was
the mayor. Councilman Durbin and
Huckestein took a different view of
the case.
Other Streets Also Held Up.
Councilman Durbin cautioned the
council to go slow in a procedure Of
that kind. He reminded the council
that the Portland, Railway, Light &
Power company had stood in the
way Of street improvements because
of failure to get its work ready in
time; that the water company had
done the same, and that the Oregon
Electric, and the Welch line were
now interfering with improvements
on Front street
Opposed to Additional Counsel.
/ He reminded the council also that
It had contracted the habit of hiring
additional counsel to prosecute its
cases too often The city too, pro-
vided a city attorney and an assist
ant city attorney he maintained, but
despite that an additional attorney
had been hired to prosecute the case
/ against the Welch line, and if a suit
! was to be now instituted against
Kehrberger for failure to perform
his contract he presumed additional
counsel would again be needed
Tilt Follows.
After the subject had been
| threshed out Councilman Durbin
stated that he would vote for the
resolution but said he served notice
that he would not be in favor of en-
ploylng additional counsel in the
matter.
81 like a hot air artist as well as
anybody" said City Attorney Corby,
who was unable to stand the taunt
any longer, on arising from his seat
among the spectators to reply to
the councilman. Save when the
sewer cases were involved, | have
not asked this council for additional
counsel in any of the cases and the
magnitude of them justified it Since
| have been city attorney | have
taken care of some 25 or 80 cases in
the courts, and am ready at any
time to take care of the others sin
gle handed and alone. Besides that
| lived before without working for
the city and | can make a living
now without doing so and any time
the city Is not satisfied with my ser
vices | am willing to resign"
10 Hold Contractor Liable.
August Kehrberger in giving his
reasons for not fulfilling the con
tract within the required time, Sep
tember /, stated that he had been
prevented from proceeding with the
work to begin with by the Portland
Raiiay. Light & Power company
then by the water company, and that
for these reasons the work was de.
layed He was ready now he said tC
proceed with the work and 1t will be
finished as soon as It is possible tC
finish It
The resolution to rcscind the con.
tract failed, but resolution notifying
/ iEehraerger that his contract had ex,
pired and that the city would holC
him liable for all damages was
passed