Arizona republican., 1914-10-23

tic pavements of this character, laid under the Topeka specifications. The truth of the matter is as fol- lows: The City of Topeka hal adopted a specification and awarded contract for a true asphaltic con- crete pavement the wearing surface of which was made entirely of crushed stone and asphalt in ac ccrdance with the Warren basic pa tent 727505, previously adjudicated in the OWosso and Montgomery cases. The contractor refused to recognize the patent and litigation followed. There was no compromise suggested by the Warren Brothers company, and the city of Topeka and the contractor made a complete back track, and contrary to the con- tract and specifications, the city il- legally permitted the contractor to use a mixture of sand and fine zinc mine ore tailings, 94 per cent of the mineral aggregate being finer than quarter inch, instead of crushed stone as originally specified, the cost of the sand and ore tailings being less than half the cost of the crush ed stone. As soon as this slate of affairs was brought to our attention we promptly stated the construction was no infringement and was prac- tically the ordinary asphalt pave ment, less the binder course usually used on sheet asphalt pavement con- struction, and which, by the way, is essential to the proper construction of this type of pavement The foi- lowing decree of the court was then entered, enjOining infringement of our patent and permitting the con- struction of the pavement under the amended specifications, which we had stipulated would not be an in Engagement: Tt is therefore ordere- ed, adjudged and decreed by the court the parties complainant and defendant being represented by their respective counsel, and consuming thereto, that the defendants herein, the Kay Paving company, their of ficers, clerks, servants, agents and workmen, be perpetually enjoined from directly or indirectly making, constructing, laying, or causing to be constructed or laid, any pavement as described and claimed in said jet :. ters patent 727505.''
 MT. Pimm will now pass around q sample of this Topeka specification pavement. It was laid in Shreve . port, Louisiana. You will please mo- | tice that it has no stone above a quarter inch in size, and is not to be compared with the bitulithic sam pie you have just handled. This is | the type of pavement the city man. ager recently has been advocating the use of, stating that it was the next best to bitulithic.
 | Again quoting his report All 1 property owners should be urged tJ build sidewalks ahead of street paw ing. If this was done and the streets at the same time were grad ed to conform to the curbs, Phoenix would have good looking streets ever though they were not all paved, and the property owners would save money by having the cement work done by concrete contractors instead
 
 manager is found in the remarkable position of advising the property owners not to patronize one set O. contractors, but to patronize another set of contractors, telling them tha they would save money by doing so This is absolutely unfair, quite a. much so as if the city manager were | tn dNi ha lTlC not to patronize the Arizon;
 Laundry but to patronize the Phoe
 nix steam Laundry, as by doing s,
 they would save money. As a mat
 ter of fact, the paving companie
 have never sought to secure an,
 cement sidewalk work. or simila
 work. except such as was inciden
 tracts. When we first came to tn
 city of Phoenix sidewalks of any an, all characters were being laid, som
 as cheap as nine cents Der squar
 foot. We announced that we woul,
 build only the best type of side
 walk, of screened and graded ma
 terials and with sufficient quantit,
 of cement to give the best results
 and that our price for this class O
 work would be fourteen cents pa
 square foot. Considerable sidewai
 work was brought to us voluntari!
 by people who wanted the class O
 work we did After we had bee
 in the city for a year or more, q the instigation of MT. Holmquis
 then city engineer, the city of Phoe
 nix adopted standard specification
 for sidewalk construction, and pro 1Vlded for the inspection, by city in
 spectors, of all sidewalks. This ha
 raised the quality of the work an sidewalks are now costing from 1 ta 15 cents per square foot, whethe laid "by paving companies" or con
 crete contractors.
 Again referring to his report: "Th
 city requires a repair outfit fo
 patching bituminous pavement
 where opened for various purposes. An examination of the records wi show that the city of Phoenix ha expended not a five-cent piece fo r the repair of the pavements laid i
 this city, except in such cases as city department has made an open Ing to repair a water leak, or some [ thing of that kind A further exam ination of the records will sho,
 that in no year has the city spar 7 | put a few hundred dolIarc for 4b;