The Sentinel=record., 1914-11-24

There will be no compromise en-
tered into between the City of Hot
Springs, the commissioners of the
Central avenue paving district. and
the Barber Asphalt Company. relative
TO the deficiency in the contract that
had been made relative to this paw
ing
Attorney Hartley Wooten Of the
firm Of Martin, " ooten and Marin.
who represent the Barber Company.
informed the council last night that
he had been ordered to return the
check in the sum OF $500 which had
been sent here by the asphalt COM
pany as a compromise on the lack. Of
its contract, unless the release of the
city and the acceptance by the com.
missioaers was effected at once. He
viii mail the check back to the COM
pany this morning.
When the matter came before the
council Mr.. Wooten was called on for
a statement and he said that the
contention in the matter was between
The paving commissioners and the
city, and that he held the check to
be paid out, but on conditions Of re.
lease by the city and acceptance and
release by the commissioners. He
said the company was willing to paY
the sum over promptly on a joint re-
lease.
Mr.. Sawyer. for the paving commits
a!oners, who are C. n. Rix. f. Bur
gaurer and AT Woodcock, said the
money in The compromise belonged to
the commissioners to keep as trus-
tees. and that the city was not en-
titled to have it. He said the cCm-
missiCners represented the property
owners Of Central avenue only. and
that the contract was made by the
property owners and the commits
sioners we're their representatives.
and that the commissioners would
have no authority to turn the money
over TO the city 1T looks ike the
city wants to grab the money" Mr.
Sawyer explained.
MIR Williamson stated that it
!cckcd more to him Hike the financial
s;ripgency. the war, and other things,
had made the situation so that the
Arkansas National bank wanted to
grab the money. He thought it was
somebody else who wanted to sit on
the money.
CITY Attorney Mclaughlin said mat
as 'he burden Of the upkeep of the
avenue fell on the city he thought the
city was materially interested in
whore the money went. He had taken
the position that the city could NOT
demand the money from the commits
sioners. but he believed that the city.
which had the burden of The upkeep,
might as we'll have the money turned
over t1 it for a special fund for pay
meat for that work as for the COM
ln,ssloners to keep the money
Judge c. Floyd Huff. special coun-
sci for the city, said that originally
the street conditions was the charge
Of Il q city. and that when the paw
lag cClnrany was organized, the com
Ljssiorers we're elected by the city,
and were really responsible to the
city He believed that inasmuch as
II was the duty of the city to clean
the srreets. and sprinkle Them, the
custody Gl the streets and the respon-
sibllty Cor the condition of the paw
ing never was relinquished by the
city therefore the city would at the
termination Of this period of ten years
have rhe authority to make the paw.
ing company responsible for whatever
lack Of fulaliment of the contract ex-
listed. He believed that It would be
better for the city to permit things to
20 on, to improve the street as it
was needed, and at the termination
OF the ten-year period enter suit on
the bond Of the paving company
Mayor McClendon was asked what
he thought about the situation ald he
fa'd hat he had thought one time he
had effected a settlement and that
agreement had been repudiated 50
he had done his part in trying tc
work ont compromise.
Alderman Borman said That all the
time he believed that the original
contract drawn for the paving com