Daily capital journal. (Salem, Oregon) 1903-1919, 1916-09-02

Arguments in the case instituted by
Councilman Frank 5. Ward to enjoin
the city from buying the paving plant
now in use on the fair grounds road
were concluded in Judge Galloway's de-
partment of the circuit court yester-
day afternoon, and the court this morn
ing declined to issue the permanent in
junction asked for, prohibiting the city
from paying for the paving plant pur-
chased several weeks ago. The tempo
rary injunction is dissolved Judge Gal.
loway holds that nothing in the testi-
mony entered warrants interference
from the circuit court in the paving
plant matter. The city can settle the
matter for itself. Each party to the
action is to pay its own costs.
The history of this case is briefly as
follows: Following the decision of the
people of Salem at the polls to authorize
the city to purchase paving plant and
do its own paving, the city council early
in the summer appointed a committee
to visit Portland for the purpose OF
studying the paving plants there and tc
report the results OF its investigations
to the council.
This committee consisted of Mayor
White and Councilmen Cooke, Mills anC
/ Elliott, the street committee.
Shortly afterwards the committee re
commended that the council buy tn,
Koring machine, or hot mixing plant
now in use. Also it was recommended
that set of heavy rollers for crushing
rock be purchased.
| By a vote of seven to six the coun
ell authorized the purchase.
Immediately thereafter Councilman
Ward instituted proceedings to enjoir
the city from paying for the plant ani
rollers on grounds that the city was mo-
authorized by the city charter to buy ,
paving plant or other machinery with
out first advertising for competitiv,
bids.
The city has affirmed its right to d.
so under a charter amendment which
provides for the purchase of materials
and supplies without first advertising
for competitive bids. Councilman Ware
has insisted that the present plant is to,
small and is not practical plant fol
the city to own. He affirms that tn,
! Koring machine, which is guaranteed il
the contract to lay 800 square yards o.
two-inch top in day, has not yet, sine,
installed in Salem, laid more than 900
On the other hand the city claims
that the work accomplished by the plan
here is satisfactory, in view of all con
ditions and circumstances surrounding
its operation since its installation.
The point now being used by tn,
county is used as basis for comparison
in most of the controversies that hav,
arisen since the institution of the sui
for injunction. 1t is stated that tn,
county plant cost about $4,000. Tn,
city plant, which is portable, nike
1900 pounds at a time. The count,
plant mixes 5000 pounds.
Various figures have been produce,
in court and elsewhere to prove that tn
city plant is costing more to operat
than the other plant, but these figure
are mostly of an opinionated sort so ia
as the court hes been able to deter
mine. None of them in fact are base,
on actual estimates.
The taxpayers are left to draw thei
own conclusions in the matter. Their,
is no authority whatever for any asser
tion that the parties on both sides O.
the controversy are actuated by othe
than honest motives.
Statement From Mayor White.
Mayor Harley o. White has furnished