East Oregonian : E.O. (Pendleton, OR) 1888-current, 1913-03-14

You must know that all the ques-
tions will be raised in the Johns case
that can be raised in all of the 9TH
ers, and when they are all litigated
all the others will follow. And now
by the recent injunction it is squarely
up to the circuit court.
Did you think, Mr. Carter, that by
bringing this suit against Mr.. Zeuske,
that he might stampede and pay rath-
er than go into costly litigation? Was
that not in the parlance of your pro-
fessional pettifogging?
You say that the contractors, the
Warren Construction company are
urging you on to these acts. l be-
lieve that is true. In fact were not
the papers in the Johns case and the
Zeuske suit, prepared by the Warren
Construction company, or its attorney
in Portland? Answer the question,
Mr.. Carter. AS we Methodists say,
AN honest confession is good for the
soul" / am no lawyer, but have read
the city charter and have failed to
see where it provides that bids on
public work must be made in local
paper and no other. In fact, all our
charter says is: that it must be adver-
tised in a newspaper designated by
the city council. 1t does not say that
1t shall be local paper of limited
circulation.
The city of Moscow. Idaho, a town
about the size of ours, advertised for
bids for pavement with hard surface
in a Denver contractors journal,
Spokane paper, a Portland paper and
Chicago paper. The result was
twenty-five bids for as many contrac-
tors, each one anxious to get the work.
This course on the part of the city
council of Moscow resulted in great
saving to the citizens of the progress
sive little burg.
Is it not possible, Mr.. Carter, that
In stating that the charter demands
advertisement in a local paper, you
are mistaken, just as you were when
you stated some time ago that in case
Johns won the city would be obliged
to pay for the Jackson street pave
Ou MtIt SliOWH " U6 MTOUE
in that statement by the plain, written
terms of the contract between the city
and the Warren Construction COM
pany. Show us now, Mr.. Carter the
charter provision which requires To-
cal advertisement. If you cannot do
so, why do you make these loose state
ments as to the law? Do you think
a, ht,c a.,
statements as you thought you could
bluff Zeuske by bringing him before
the city recorder.
You say that the city engineer is
assisted by an able and competent en-
gineer furnished by the Warren Con-
struction company and that the Dol
larway had offered to do the same
thing. Now. Mr.. Carter, do you go
to the office of the opposing counsel
to have a brief prepared? Would you
accept a proposition from Mr.. John
son IL he were to send an attorney
from his office to prepare the papers
for you in the Johns paving case II
you were building a residence, would
you have your architect specify what
superstructure, ETC., or would you say.
"Oh after l let the contract / will
have the contractor specify the plans,
specifications, material, workmanship,
etc."
Mr. Carter, II were only going to
build chop mill, l would want to
see that the engine was set in just
tha riuht ,N1o ho hn nr,.i,, Ia,
were in proper concrete foundation,
and that everything was complete ac-
cording to my plans and specifications.
would not want my contractor fur
nishing plans and specifications.
You know that the last job of paw
ing let on East Webb and College
streets was awarded to the Warren
Construction company on bid to a
cent as per the estimate of the engi-
neer loaned by the Warren Construc-
ton company to the city of Pendleton
for the purpose of making up these
estimates to "avoid long delays and so
as to get the work done"
| Mr.. Carter, what Is the legal OBJ
lection to letting the Dollarway peo.
pie lay a coat Of their wearing sur
face free of cost to the city on the
concrete surface Of the Main street
bridge? I understand that they of.
fered to do this so that the citizens
of Pendleton could see how It would
wear.
We win now leave 1t to the reader.
as to whether there might be sus
Ipiciun OF an African in the wood pile
8. p. HUTCHINSON.