The Daily Missoulian., 1913-06-05
BY HIGGINS ESTATE
Commission IS
ENJO|NED
CITY Is PREVENTED FROM
AWARDING CONTRACTS FOR
PAVING OF STREETS.

For month the city commissioners
have proceeded with their plans for
the paving of Pattee and Stevens
streets with utmost caution, inspired
by fear of possible injunction from
disgruntled taxpayers. Yesterday,
while the council was considering bids
for the work, the Higgins estate was
petitioning = the district court for a
permanent injunction restraining the
city of Missoula from paving either
Pattee or Stevens street under the ex-
listing improvement district resolu-
tions. /
A temporary restraining order was
issued by Judge Patterson and the
commissioners were forced to delay
the award of contract until after
their fight against the injunction,
which is based upon the assertion that
the city of Mi4soula. will, by paying
for this paving, exceed it's legal in
debtedness.
The petition for an injunction
against the paving of Pattee street
was signed by Hilda H. .-Conley, Ar
thur E. Higgins, Gerald Higgins, Ron
aid Higgins, and Ronald Higgins as
administrator Of the estate of Julia
p. Higgins. The petition for an in
junction against the paving of Ste
vens street was signed by w. E. Cook,
Sue K. Reinhard, Nellie Juneau, Ar
thur E. Higgins, Hilda H. Conley,
Gerald Higgins, Ronald Higgins, and
Ronald Higgins. as administrator of
the estate Of Julia p. Higgins.
10 Fight Petition.
The city will start the legal battle
against the injunction at once. City
Attorney Frank Woody will take the
case Of the city into the district
court this morning. Some time. ago
the commissioners suggested that the
city resort to interested citizens in or
der to evade the possibility of an in
junction. According to City Attorney
Woody, the city cannot be. restrained
from paving these streets as long as
no money is expended from the gen
eral fund. In most districts the gem
eral fund would not have been af-
fected, but municipal, county and ma
tional property lies in the Stevens
and Pattee street districts and the
pavement in front of this property
must be paid for from the city's gem
eral fund. The commissioners pro-
.posed to pay for this pavement by
private subscription. Whether this
Will be done or not is not decided.
The city will first fight the case in
the courts
To Meet Today.
For the present the commissioners
will proceed just as If nothing had
happened. This morning the prop
0Wt ~ n,
meet to select the sort of pavement
they.Want That point decided the
commissioners will consider the vari-
Gus bids and will select the one which
they consider best. Under the re-
straining order no contract can be let,
but thd commissioners will select a
bid and; will, when they may, let the
contract Ito that bidder.
Trouble arose yesterday over the
bids on bitulithic pavement. Some
time ago the city signed an agreement
with the Warren Brothers, owners of
patent on, a guaranteed bitulithic
mixture, whereby all contractors were
to use the Warren Brothers mixture,
buying it from the company at s14o
a yard. THE. specifications of the
patented mixture were included in the
city's advertisement. Yesterday sew
eral of the bidders said that they
would refuse to: pay royalties to the
Warren BrotherA The city refused
to consider thos4 bids.
The bids for Stevens street as they
were received Yesterday are as fol-
lows:
v;trifisds Brick.
For vitrified brickS guaranteed for
five years:
Lowest bid. Georgei g. Dietrich,
$3.50 square yard, ora total cost for
the district of $22,755.5N
Other bids-Strange- Mcguire $500;
F. A. Keasal. 1910: H1nlon & Okes
$3.50; Birch & Sons, $3.50; j. C. Ma
guire. 1886: G. H. Nasll & Co., $3.50
For vitrified brick without guaran-
tee:
Lowest bid, C. Fl. Nash: & Co. $355
square yard or $22,494.jO.
Other bids-Strange- Maxuire. $3.s5:
F, A. Keasal, sass; Hanbn & olses
1886: Birch & Sons, $375l George c.
Dietrich, $3.50: J. c. Mag,Sre, $780,
Wood Blocks.
For creosoted wood block ,pavement
guaranteed for five years; Sh-inch
blocks to be used: /.
Lowest bid, G. H. Nash &:Co, $3.1E
square yard, or a total cost of 500,
1860. for the entire district.
Other 'bids-Strange- Mcguire, $3.35;
F.. A. Keasal. $3.34: Hanlon: & Okes
$3.50; Birch & Sons. $3.50; !. c. Ma.
guire, 1925. :
For creosoted wood block pavement
without guarantee. 3A inch blocks t
be used:
Lowest bid. G.. H. Nash & Co, $50;
yard. or a total of $19,6197l
Other bids: Strange Maguire, $3.50:
+. A. Keasal. 1913; Hanlon & Okes
1852; Birch & Sons. $3.1O; J. C. Ma
guire, $315.
F. A. Keasal bid 1886 yard fol
the guaranteed pavement and 1914 TO,
the pavement without guarantee bu,
specified 4-inch blocks.
eithulitchic.
For guaranteed bitulithic pavement.
Lowest bid: j. c. Maguire k2.37 a
square yard or $15,63S for the district
Other bids: Strange Maguire; $2.43
+. A. Keasal, $2.S2.
For bitulithic pavement Withou