The Sentinel=record., 1914-05-02

The ridiculous proffer made by the representative of the Barber Asphalt company here recently as a cOmpr0- mise in the matter of being released from it's contract in this city was made public before the city council at it's session last night, and after a threshing out of the subject, the whole matter was referred to a com mittee composed of Mayor McClen- oon, City Attorney Mclaughlin and Aldermen Petit. Sigman and Bor- man, with power to act.
 The committee has the authority of the council to act jointly with the Central avenue paving commissioners to authorize an immediate civil ac- ton being brought against the Bar Der Asphalt company and its bonds men, and to also ask for independent bids for the repair of Central. avenue.
 Three propositions were made by the Chicago attorney for the Barber Asphalt company each of which was regarded as rather absurd, according t0 the report submitted to the coun-
 VI last night by Capt. c. N. Rix Of .. paving board. The propositions were as follows:
 First--To give he city 2,500 square yards of paving repair during the re- mainder of the maintenance contract.
 Second--To give the city $3,000 in cash
 Third-To give the city the neces- sary machinery and tools to do street repairing for itself during the re- mainder of the tenure of the con- tract, estimated in value at $3,500.
 Under the acceptance of any of the offers, the Barber Asphalt com pany was to be absolutely freed from any further responsibility in connec- tion with the paving district or the city.
 Capt. c. N. Rix appeared before the council with a written report from the paving commissioners, setting up that the district had no money with which to meet the expense of furthering a legal fight, nor the au' thority to make an assessment for such purpose. He believed that as the property owners of that district had borne the expense so far, it was properly the duty of the city now to join in the matter of enforcement of such repairs as were necessary. He stated that it was the opinion of At torneys Rector and Sawyer, with whom the commissioners had con ferred, that the contract with the Barber company was valid one and could be enforced, and Therefore the commissioners had not considered se- riously the acceptance of any of the compromise plans offered by the paw ing company, and in lieu thereof, rec commended to the council that a fight be made in the courts on the con- tract.
 In presenting the terms of the com promise authorized by the Chicago attorney for the paving company, Captain Rix made it plain that if the paving company granted either of the three methods of settlement it would expect absolute release, and in the event none were accepted the Barber Paving company would do no further repairs on the street.
 Attorney l.. E. Sawyer was called on to make statement to the coun- ciI and he went to the meat in the nut in a brief way He aAd Colonel Rector had gone over the contract thoroughly. They believed that the contract anticipated good workman shin and materials and that these had been lacking, and that the con tract was valid, and could be en- forced in the courts. MT. Sawyer stated that the contract anticipated that the paving company would build the paving and maintain it Tor a period of ten years, and that at the end of ten years the city should De left with paving of not less than 2o her cent of the value as when placed originally. The paving originally Aad cost about s75,00o, which meant
 that at the end of the contract time,
 or within about three years, the pay