Daily capital journal. (Salem, Oregon) 1903-1919, 1911-08-08

lefs. Seeking legal advice upon the
subject, he said, he was advised thai
when a contract was once entered in.
TO by the city for improvement work
II could not be changed without null
/ lifying 1t. The sewer committee took
the view, he stated, that the contract
had been awarded by the council, and
that 1t had no right to interfere with
1t, and that should II do 80, 1t would
cause 1t to become void. In view OF
this, he stated, the sewer committee
had followed out the plan OF hewing
to the line to every contract entered
into between the city and a con-
tractor.
Bill Nye Argument.
Councilman Durbin is about one
eighth right on this question, and
eight-eighths wrong" came back
Mayor Lachmund.
That is the way he Is on all ques-
tlons. His argument on this Ques-
tlon, II expounded by Bill Nye, would
cause people to laugh, because of the
humor II contains. It is perfectly RI
diculous to say that the terms Of the
contract cannot be changed, and,
while I am perfectly willing to have
the people Of the city look at DurbIn
as being ridiculous, / want to clear
my hide OF Il right now.
There Is a mistake in the contract
IN awarding this sewer. Suppose It is
the fault Of the previous engineer.
We, because OF that, should not fol-
low 1t up, and make another mis-
take. believe the engineer should
fully Investigate this subject and re-
port his findings back at the next
meeting, and that we should then set
about and remedy the evil-it is
simple and can easily be remedled.
Councilmen Huckestein and Lafky
voiced the same opinion, and then
Durbin came to bat again., and
controversy ensued between he and
the engineer, in which the latter
stood his ground.
Durbin and Engineer Quarrel.
III this storm sewer is Inadequate,
1t took you devil Of a long time to
find 1t out" shouted Councilman
Durbin to the engineer, after he had
paid his compliments to the mayor,
and stated he was getting tired of all
the rag chewing
Il notified you and the other men,
bers OF the committee of the condl-
tion OF the sewer three or four
months ago." retorted the engineer,
and for a second It halted the coun-
flow OF language, and the
two men stood facing each other
looking each other squarely in the
eyes.
Did not you tell me then that We
might as well go ahead, and Law this
sewer down " inquired Durbin.
mo, l did not tell you that" re-
piled the engineer 81 told you that
the sewer was inadequate, and that IL
Il was laid down that in a year or so
the city would have to put in another.
Several times he repeated the ques-
ton to the engineer, and always the
same answer was returned. Finally,
abandoning further cros-question.
ing he again sought to justify his po-
3ition with relation to the matter on
the ground that the sewer committee
had no right to change a contract.
lts course was to follow out the
terms Of the contract, he maintained,
and II the contract had said that a
5lx-inch pipe should go in, 1t would
have gone In, so far as the sewer COM
mittee was concerned"
What Would He Then Say.
Councilman Durbln's position is
said Mayor Lachmund
He is n hop dealer, and is accus-
Toned to making contracts, and in
people live up to them-ex-
acting his pound of flesh. | suppose
oven though he knew that a 6O-lnch
pipe was necessary, and a six-lnCh
pipe was called for, that he would put
L in; he has said so, but | wonder
what his attitude would be were he
property owner IN the district to be
drained. | have an idea that tho
terms OF n contract would be more
flexible them
That ended the fight. The. motion
was put directing the engineer to
bring in n report on the subject. and
Also directing the contractor In the
meantime to cease work