Omaha daily bee., 1911-06-20
PAVING COMBINE IS CHARGE
Contest Over Material Brings Allega-
tions Before City Council.
BRICK MEN IN THE DEFENSIVE
Fraud In One Case and Excessive
Prices In Another the Accussa-
tiOn and Matter is Sent TO
Committee

Charges that fraud was used in getting
signatures to designate the character Of
material for paving Forty-second street
from Cunning to Hamilton, and that the
combine" boosted the price of brick paw
ing, after Burlington block had been
named in the petition for changing the
character Of paving of Ninth street from
Douglas to Howard streets were made yes
terday afternoon in the meeting of com
mittee of the whole of the city council
M o. Cunningham, representing property
owners in the Forty-second street district,
declared that the contract should not be
awarded to the successful bidder. Charles
Tanning, because fraud had been en-
ployed. Affidavits. which seek TO prove
the charges OF Cunningham have been
filed, and are with the paving and sewer
ing committee. One signed by ]. f. DAILY,
states that promoter for the brick con-
tractors approached DR.. A. r. Hunt, a
property owner, and offered to rebate him
the difference between the cost of asphalt
and brick paving II he. Hunt, would hign
for brick. Not knowing that such pro-
ceedings were Illegal the affidavit states
that Hunt signed for the brick petition
when he really favored asphalt. The af-
fidavit was made by DAILY. who deposes
that DR.. Hunt told him the facts In the
case.
DAILY is an employe Of NJ. Ford. a con-
tractor, who lays both brick and asphalt
paving. Two other affldavits, both signed
! by Katherine Dineen another propertv
owner, and sworn TO on the same date.
April a. concern John j. Mahoney. clerk
of the police court. One sets out that
Mahoney asked the affiant to sign far
brick, stating that the signature would
make no difference in the outcome aa the
asphalt petition had a majority of sign
ers in the district. This affidavit was
taken by John f. DAILY
A resolution. seeking to award the con-
tract for the Ninth street Job. was re-
ferred to the paving and sewering commit
tee and the city attorney, along with the
petition.
Another affidavit, signed by Mrs. Quinn
and acknowledged before a different AZ
torney, states that she signed the petition
on request of Mr. Mahoney of her own
free will.
John {. Breen, representing Tanning con-
tended that the petition was regular and
Tor that reason, the council could do
naught save award the contract.
No sooner had the squabble been settled
by referring the matter to the paving and
sewering committee, than Byron G. BUR
bank representing the Carpenter Paper
company. threw a bomb into the council
by declaring that the PAYERS had combined
and boosted the prices OF brick paving on
Ninth street from Sc cents to 81 cents a
square yard. Burbank contended that the
bids should be rejected, not because the
proceedings were irregular, but because the
prices were excessive.
The designation Of the character OF the
material precludes competitive bidding &"
said Burbank. This council does not have
to let contract, simply because the bids
have been sent in Members OF the council
can reject all bids IL they desire. When
this petition was circulated 1t designated
Purington block. AS soon os sufficient
signatures were obtained the contractors
took advantage of the fact and boosted the
price 1t is rank injustice for contractors
to boost prices because taxpayers have des-
ignated their material"
Breen answered Burbank by saying that
there was but one OF two things to do
either to let the contract to Tanning or
defect the bids. The petition is suffl-
cient," he said.
! City Attorney Rine gave the same optn-
brand Of brick could be designated in an
ordinance, but the brand OF any other
material could not
| Harry Bronze, representing the other
property owners. then made a plea against
the award to Tanning. insisting that the
combine precluded such a thing as COM
petitive bidding
You say before the council that there
is a combine existingY' interjected Breen
! Yes, and / can prove 1t. too, and will
prove IL when the time comes- replied
bronze. "other contractors aside from
flaming and Hugh Murphy have tried &C
get burlington blocks and could not
But l am here to discuss this phase OF
the question" continued Bronze. II am
here 20 protest against the awarding OF
the contract. When the time comes to
prove that there is a combine that will
be established"
] on the request OF Mrs. c. e. Stubbs. the
! Daughters Of the American Revolution
/