The Sentinel=record., 1914-04-09
COL. FORDYCE AND OTHERS oP. POSE COMPROMISE ON STREET
 PAVING QUESTION.
BELIEVE CITY SHOULD FIGHT
Attorney for Barber Ashphalt Com. pany Says There Is No Contract to Bind the Company to Any Obl- gation-Wants Attorneys to Settle

The outrage that Hot Springs has suffered in tine past two or three years at the hands of the Barber Ashphalt Company for the neglect it had manifested in the maintenance of the Central avenue paving was expressed without the mncing of words erday afternoon at the Business Mems League when citi. zens generally met with Mayor Me Clendon, the paving commissioners, and Attorney Morris Townley of Chicago, who represented the paving company.
 The paving commissioners for the Central avenue district are Captain C. N. Rix. F. Burgaurer and Ali Woodcock. Speaking for them in the opening of the meeting, Captain Rix stated that Attorney Townley was here to take up the matter, and had called on him during the morn ing and suggested a line of pro- ceedure which he believed best. He suggested that Mir. Townley offer this form of procedure to the meet ing
 Mir. Townley stated that the Bar Der Ashphalt Company had the idea that it was being held up, The con tract apparently had three years to go. He said it was the impression of the company that at the expira- tion of the three years the company would have trouble here anyway. and that it had decided to have the matter brought to a head now. 'I do not believe the contract is a good one" he said "I had already gone over the contract and compared it with supreme court decisions in oth- CT states. and here l have discussed the supreme court decisions with Attorneys Martin & Wooten, and the decisions of this state confirm my belief that the contract is not a valid one"
 He then suggested that as a pro cedure of settling the dispute the paving commissioners have an at torney named to act for them, and that he would confer with such at torney, they would go over the meaits of the contract together treating it merely as a legal propo- stion. He said after such a con ference the attorney for the paving commissioners would report back either that the contract was valid or that it was not, and a compromise might be effected.
 Captain Pix stated that he be- lieved that the plan proposed by At torney Townley would be the proper one of procedure.
 "lsn't the contract for ten years maintenance?" inquired Col. S. w Fordyce.
 Yes" answered Captain RiN, "but it is claimed uhe contract is not legal one
 "Then the Barber Ashphalt Com rany is here in the attitude Of want ina to take advantage of legal technicality," said Colonel Fordyce' q am opposed to settling the qoeS- ton in any such manner. The com pany acted under that contract when it received the payments ana now when the situation requires some expense. the company wants to defeat the contract. We have Deeh damaged to the extent of $l00oO0 m my opinion, by the negligence or this company Our visitors nave gone away to talk of the miseraoie condition of our streets. It does us an endless sum of harm, This IS matter of equity to be taken to the courts for settlement, rather than to have lawyers opinions on now
 Attorney Townley terms 1t d question of law" suggested Captalh Rix.
 q don't think so," answered Colo- mel Fordyce. q think it is a---out- rage. The idea of a corporation U! ing to take advantage such as thlS of a municipality. I am not a paVihs commissioner. I am one of the prop erty owners, however, and one or the sufferers. And I know there is some way to get even with such a corpora tion."
 Colonel Fordyce has expressed my views fully" said NJ. C. Tombler The paving company took oui money under that form of contract and now it wants to come here ano say it has no contract"
 Simon Coopep thought it was noth