The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-03
PAVING TIED UP
Cleveland Trinidad Company
Asks for an Injunction.
City Commission Is Cited to
Appear in Court.
TO SHOW CAUSE FOR ACTION
In Rejecting Bid of the Com
planning Company.
And Refusing to Let Contract
to the Lowest Bidder.

| If the city commission sees fit to let
the contract for asphalt paving TO the
Security Paving company at its meet
| ing Monday morning, all good anu
well. Otherwise it is enJoined by the
| district court of Shawnee county from
| letting the contract to any OF the DID
ders.
| Upon application of the Clevelanss
Trinidad Paving company, George II
Whitcomb, Judge of the Second di-
vision of the district court, today 's-
sued an alternative writ of mandamus
against Mayor ]. E. House ana ne
four city commissioners, w h was
and w. L. Porter. The writ com
mands the commission to convene IN
open session and consider the bld OF
the Cleveland Trinidad company on
asphalt paving and if it is found to be
the lowest responsible bidder to award
the contract to that company or lp-
pear before the court March IL and
show cause for failure to do so.
! In the meantime the city commls-
sion is enjoined from letting such a
contract to any bidder whose bid is
greater than $139, 80. which IS
said to be the amount of the bid of
I the Cleveland Trinidad company, al
though that bid was not opened by the
commission at its meeting Tuesday
The only bid under that figure was Of
lfered by the Security Paving company
fright with the Cleveland company Il
the Security company gets the paving
THE Kaw Paving company of Topeka
is next higher.
Served With Writ
Each of the commissioners was
served with the writ by Sheriff Kiene
this morning and the matter was TAX
en- up at the meeting of the commits
sion. No official action was taNen-
lGeorge P. Hayden, city attorney, ex-
nlainad
made no motion toward the consider
alton of the Cleveland Trinidad bid
and the city will appear in court
March II to show cause why il has
not considered the bid. In the mean
time the contract for asphalt paving
will not be let at Mondays meeting
This acti IN on the part of the Clevs-
land company grows out of rhe re-
fusal of the city commission to eon-
tsider its bid for paving submitted at
the meeting last Tuesday. When the
Z city clerk announced that the next bid
was from the Cleveland Trinidad
company, w. G. Tandy commissioner.
moved that the bid be returned to the
q Representative of the company without
4 opening. Without discussion that was
4 done. Following smeetin~ he
Ire representative of thescornpany secured
4 the package he had submitted as the
/ company's bid and the certified check
j for $1,000
Formal Protest Made.
At the afternoon session Judge T.
4 F. Carver appeared before the COM
1 mission as representative of the Cleve-
4 land company and made formal pro-
/ test against the action of the commits
4 sion. 1t was then that Commissioner
i Tandy offered an explanation for the
4 commission. He pointed out that the
city had had trouble with the Cleve-
land company and had been forced to
fight case through two courts in
order to vindicate it's position. He
nd 10 10 hn
| pany had had in Columbus, Ohio, in
| volving city officials, all of which, he
said, was a matter of record in the
district court of Shawnee county.
Ever since the commission adjourn
ed Tuesday George P. Hayden, city
| attorney, has been investigating the
| Security Paving company which put
| in the low bid. Members of the COM
mission suspect that it has some con-
nection with the Cleveland Trinidad
Paving company. The investigation Is
being conducted along that line
In the writ of mandamus it is stated
that the bid of the Cleveland Trinidad
company and the certified check for
$1,000 are still in the hands of the
city clerk. Miss Eta Covell, city
clerk, denied today that the bid and
check are in her hands as city clerk
The minutes of the commission meet
ing show that the clerk was instructed
to return the bid and check to the
bidder unopened. Miss Covell says that
was done and Mayor House and other
commissioners stated today that they
saw the package returned.
He Brought 1t Back
"A short time after 1 returned the
package to him." said Miss CovelL.
the representative of the Trinidad
company brought it back and asked
me, as a favor to take care of I for
him, stating that he did not want TO
carry It around. l took the package
and placed it in the vault and ara
| holding it for him, but not Is .irv
clerk. Neither the city nor myself ia
responsible for the package and ita
contents. 1 don't know whether there
is a check for 81, 600 in it or not. But
the bid and check. if there was one.
have been officially returned to the
| Trinidad company
| The Trinidad company states IN the
writ that the city commission did not
act with proper regard for the rights
of the property owners whose property
is taxed to pay the cost of the pave
ment in considering the letting 4 he
contract to the Kaw Paving company
at price $4,000 in excess Of the
price for which the plaintiff agreed 10
do the work.
The city, through its attorney.
| George P. Hayden. will appear in the
second division of the district court
March II, as directed by the writ, and
show cause why the Trinidad company
was barred from the letting.
HnIknF EInFkE0FA