Arizona republican., 1917-03-29
MORE TIME FOR
DECISION upon
BILL GRAN TED

It Oui III street property OWlclS AHA
ious for immediate action in the matter
of paving from Washington to Roose-
welt streets, were disappointed yester-
day morning, when the city commits
sion, granting the request of City At
torney Richard E. Sloan for further
/ time to consider the status of the paw
ing situation generally since the pas
sage of Senate Bill, No. so. which
seemingly prohibits advertising for al
j tentative bids deferred authorizing adj
vertising for bids for the proposed
work. 1t was the unanimous opinion Of
the commissioners that there was
grave danger of notification of all
proceedings relative to proposed paw
ing and that it would be better to await
the opinion of Judge Sloan before go
ing further.
Although yesterday was the date
fixed by the commission for a report
from City Attorney Sloan on the effect
of Senate Bill, No. so on pending pay
ing matters, Judge Solan stated he had
given considerable time to the consid-
GRAFTON of this question without having
reached any conclusion which he
thought would be satisfactory either
to the commission or to himself, the
question of the validity of an act of
the legislature being pretty large one.
He stated several points are involved.
one of which is that the bill seems to
have been read section by section upon
final passage, the constitution provid-
ing that such reading shall not be
dispensed with. He said the journal of
the Legislature fails TO show that the
bill did have reading upon final pas
sage.
Further Judge Sloan stated there was
Il question whether Paragraph 1856
of the Revised Statutes of 1913, amend
- &c.
Senate Bill No. SO, and that this para
graph, as amended in 1915, does pro-
vide that a municipality may in its
discretion provide alternate plans or
specifications in its resolution of in
tention, and further, whether under
Paragraph 1855, as amended in 1915,
/ alternative bids may not be had and
called for, Notwithstanding the validity
| of Senate Bill No. so. He said he
, brought these matters to the attention
f, of the commissioners that they might
| understand that there were many
| points to be examined and considered.
| He suggested that further time would
enable him to learn what course other
! towns and cities in the state are likely
to pursue. He said he felt there should
! he somewhat of cooperation between
/ the municipalities in the matter In
the course of his remarks Attorney
Sloan said there was also a question
rs to whether the title of the bill as
passed and signed by the governor en-
braced all the matters the bill actually
covered as required by the state con-
stitution.
After the commission had agreed
that the city attorney should have an
other week to consider the workings of
Senate Bill No. SO, Fourth street prop
| erty owns addressed the commission.
| John Connors said the owners of prop
erty were anxious for immediate action
on the paving of that street City
! Manager Robert A. Craig explained
that April II had been fixed as the date
+ on which bids for the work would be
called, but that this must now be held
up pending the decision of the city at
torney on Senate Bill No so. Commits
! sioner Dunlap wanted to know just
I what effect the bill would have in this
| instance. Attorney Sloan explained that
! il was simply q question of the method
! of advertising for bids, whether alter
| native bids may be advertised for or
! whether the commission must deter
mine plans and kinds of material to be
used and advertise upon that particular
| basis.
James II. Kinney, another Fourth
street property owner stated that near
ly eighty per cent of the property own
ers had petitioned for bitulithic paving
! and asked why they could not have the
paving they desired.
Attorney Sloan explained that under
the law of 1916 it was discretionary
with the commission as to whether
they shall call for alternate bids, but
the difficulty here was that the reso-
luton of intention did call for alternate
bids He said that it would no doubt
be lawful for the commission to call
simply for bitulthic, if desired, but as
long as the resolution of intention
called for alternate bids, it might
render the whole proceedings invalid to
advertise simply for bitulithic, but that
the people of Fourth street might have
another resolution of intention drawn
up. if they desired. calling simply for
bitulithic
Mayor Corpstein stated that it was
the desire OF all the commission to
give the people on the street what they
desired.
Manager Craig explained that the
proceedings on Fourth street We're tax
en- under the present law and taken up
to the time for calling for bids, when
this new law was passed and they
Guild not so ahead with the call for bids
until some decision had been reached
that they might draw up a new reso-
luton of intention, but it would take
about 60 or 80 days before bids were
again called for. and if it were found
that the bill did not invalidate the
proceedings. the bids would be called
for on April H.
Joseph E. Geare, also of North
Fourth street stated that the original
petition had called for bitulithic paw
ing, and he could not understand why
the notices had called for alternate
. bids.
City Clerk Thomas explained that
the calling for alternate bids in the
resolution Of intention was the result
Of the 1915 law, which was passed in
order that the people might be pro-
, tected as to price by obtaining alter
, nate bids for different classes of paw
, ing and not be at the mercy of one
company as to price. He stated that
, when the time comes Yor the letting of
the contract the bitulithic bid would
be accepted
) Attorney John L. Gust addressed the
meeting, stating that as he had been
, the author of Senate Bill SO, he desired
I to explain that he wasnot in any way
responsible for the way in which it
1 was passed or for the results; that the
{ statements of the city attorney and
, city manager were correct, but that he
did not believe it to be a matter of
very great Importance, only in so far
as it affected the present proceedings
The draft of resolution, ordering
the paving of certain portions of Fill
more street, Third, Fourth. and Fifth