The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-10-28
JUDGE CARDWELL DENIES
PAVING INJUNC T|0N.
Action of Beck, Mccarthy and
Folkcs Fully Vindicsted
by Courts.
WORK WILL NOW GO FORWARD
Net Result Of Long Fight of Losing
bidders Is to Delay Paving OF
Streets for More Than Thirty Days.
Rumors Prove Cnfounded.

Judge Richard ii. Cardwcll. of the
state Supreme Court of Appeals, yes
tcrday, denied tic application OF G.
/ Kidgeway Moore for an Injunction to
restrain the Administrative Board from
executing tho smooth paving contract
awarded to the Central Construction
and Supply Company, OF Harrisburg,
Ia. on September 25.
The complainant had sued out tenn
rorary injunctions in the Law and
Equity Court on October 0. II was
made rcturniible on October II. when
both sides submitted oral argument
for and against making the injunction
permanent. Both sides filed supple
mentary atfidavits bearing upon the
controversy, and, on October 20, Judge
Crump entered decree dissolving the
irjunctton and approving the action of
+ the Administrative Board majority In
awarding the contracts In question
SUPREME COURT JUDGE
DENIES INJUNCTION
GH The cause was promptly taken to
Judge Cardwcll, before whom the APP
blicntion for an injunction was argued
Saturday. The Judge kept the case
under consideration since that day, and
entered an order denying the applica-
lion at II o'clock yesterday morning.
City Attorney Pollard, for the city of
Richmond; Attorney ~. w. Patterson.
representing tho Central Construction
and supply Company. and Attorney G.
Y. Meredith, of the counsel for the
complainant, were on hand to hear the
decision.
Judge Cardwelrs decision definitely
closes the paving controversy. which
has ragged since September %,
sylvania company, n contract for ap-
arox!mately 100000 square yards OF
s*phaltic concrete paving at $l.4l
YARD, Notwithstanding the fact that the
Atlantic Bituithic Company offered TO
lay the same paving for sI.33 yard.
T HIRsCHBERG AND MHI1TI3T
FAVORED BITULITHIC
Hirschbers and Robert whitte,. ' Or.
who took the position tn.: the board
contract % the lowest responsible b ide
,,h,c IN 9Th this case the Atlantic Btu
believed that II would be bad policy
TO give the contract 20 a com .any ut
ed his open contempt for asphaItic
concrete, paving. and voted to award
I'm; ana w s9pn,y 10 the Gentra
bid was cents higher on the yard.
At the instance OF the United AS
ph1lt Refining Company. Of New York.
which was ruled out by the board in
making tho awards, In favor OF Ber-
mudez Lake asphalt. c. Ridgeway
Junction proceedings TO restrain the
board from executing the paving con-
tracts, alleging gross waste of the city
ACTION OF COURT INDICATES
MAJORITY OF BOARD
The subsequent action OF the courts
completely vindicated the voting ma
lority of the board OF the charge that
in. awarding the contract to a higher
bidder Il Was guilty Of a misuse OF
dsns Judge In le Gsump rs fSunS
nothing to substantiate this charge.
City Attorney Pollard notified Chair
Board: yesterday. that he was free to
Gons.ruction and supply Company after
night that he will afiix his signature
to the contract at o'clock this morn.
Following Judge cardwell's decision
rumor gained circulation that. owing
to the delay incident to tho court pro-
Gampnny che nd
make bonding arrangements, and
would therefore, be forced to forfeit
the &c eon fNihn, Ths rnm9r WIS sh9wn
Ret stated last night that tho Bidder
had complied fully with all bonding
nature was wanting to put Che con.
tract Into effect.
VOUCHER on WAY TO PAY
STATE LICENSE TAN
Objection was made further that the
Central Construction Company had
failed to pay it's State license tax for
doing business I'm Virginia The tax
was due on May l. 1914, and Is still
unpaid. Commissioners of the Revenue
'rresnon, when asked about the matter.
said that the company has not yet paid
lis license tax. but that he understood
thut a voucher FOR the amount OF tax
was on the way from Harrisburg, Pa.
the home Office, which would adjust
the matter satisfactorily.
The immediate effect Of the injunc-
tom proceedings has been to delay the
execution OF the contract for thirty
days. 1t Is understood that the Central
Construction Company will Immediately
install d construction plant In the city
and proceed, 1T once with the work.
An effort will be made to complete the
contract before nclcment weather puts
a stop 10 outdoor work.
INSPECTOR NAMED TO
SUPERVISE SMOOTH PAVING
The Administrative Board yesterday
appointed John r. Kelvic rs special In
spector of asphaltic concrete paving.
lie Will be required to be present at
Tie construction plant and see that the
paving materials are mixed according
ITO specifications. He is charged with
the duty OF making daily reports TO
the opard on the amount and quality of
raving laid, and TO Cooperate with the
city Chemist in supervising the eXecu-
tion OF the contract.
Mr.. Eelyio Will receive n salary of
500 month for his services. He is to
he employed for the period Of time that
the execution Of the smooth paving