The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-07-11

his authority, he called the attention of
those present to the opinion which ne
had rendered the city commission al
| most three months ago, setting forth
! that the state law did not contemplate
| that the notice Of intention could call
for more than one material. II devolved
| upon the citizens petitioning for paw
ing, he said, TO state in their petitions
| Just what character of paving was want
ed and that the commissioners, at their
discretion, could or could not recognize
the petitions in deciding which kind
TO use.
Tho petitions for the work now in
question were all for "asphalt,' none
Of them specifying "Utah asphalt' or
'Utah rock asphalt
Interprets Asphalt"
According to Attorney Dininny s.
opinion the word "asphalt is inter
preted to mean the material which has
been used in this city for the past six
or seven years and that material is
neither Utah asphalt nor Utah rock as
phalt.
The attorney g opinion caused a storm
of protest from the representatives of
the Utah rock asphalt company and the
signers of the petition, Contractor He.
man holding aloof. and contenting him.
self with the statement that he was
willing to use whatever material the
city commission might decide upon.
May Ask Injunction.
A. A. Clark, president Of the A. A.
Clark Construction company, one OF
the bidders, and who in his bid pro-
posed to use the Utah material, was
present at the meeting accompanied by
Attorney Elias Ashton. The latter
said that in all likelihood he would to-
day start proceedings seeking to en-
JOIN the commission from signing the
contrnct for the work with Mr.. Heman
on the ground of illegal tabulation Of
the bids, and Furthermore that the par
ticular specification furnished Clark
did not exclude rock asphalt, notwlth-
standing that that material was not
mentioned in the advertisement for
bids.
Mr.. Clark contends that inasmuch as
the specifications furnished him called
for a bid on rock asphalt he was Je-
gally within his rights in bidding on
that material and that if the city com
mission decides to use that material
his is the only bid which can be le
gally considered, the clause for rock
asphalt having been crossed out in all
of the sets of specifications used by
the other bidders
Result of Error.
Engineer Blossom explained TO Mr..
Clark that if his specifications did not
have all mention Of rock asphalt ex-
clUded 1T was on account Of error in
the engineer's Office, aa such had been
the intention. In support of his con-
tention, Engineer Blossom called Mr.
Clark's attention to the fact that the
phrases were crossed out IN all the 9th
er bids and that in SIX of the seven
places in which it was mentioned in
Clark g bid the reference had been so
crossed.
AT the conclusion of the meeting,
Taylor to leave tonight for Carbon
county to inspect the Utah material
and the feasibility Of getting it out.
The formal contracts for the work
were drawn up Yesterday in the engi-
neer's office for the signature Of both
the city and Mr.. Hemap. The latter
was ready to sign at once, but Com
missioner Morris, representing the city
as the head of the department Of
that he would wait a day or two until
a final settlement OF the question Of
material was arrived at.
links incorporation Narrow,
After honring Attorney Dininnys
opinion, A. Y. TAYLOR, general counsel
for the Pittsburg-Salt Lake Oil com
panv, owner of the Carbon county rock
asphalt deposits, said:
According to Mr. Diulnny, the word
asphalt is limited TO moan an ar
tificial mixture and not the natural.
The former having been the material
used In the paving OF Salt Lake
streets for the past seven years
The effect Of such u ruling Is that
no substance can be termed asphalt"
other than the material which has
been used here, and this notwlth-
standing the fact that the mixture
gets its name because II Is an imi-
tatlon Of the natural asphalt.
II the narrow construction given
by the city attorney is allowed 10
stand 1t would shut out everything
In this city excepting the mixture
heretofore used which has been q
residuum from the distilation Of Cal
ifornia oils.
Should the city commissioners fol-
low tho ruling. II will force the whole
matter Into the courts, because Mr.
Dininny further said that in ALI con-
tracts hereafter where the word "as-
phalt is used alone, the interpreta.
tion placed upon il by the city would
limit IT TO the artificial mixture
Bathing trains to Saltair every 45