Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-27

can in the form we heard them up
in the claims committee room.
Now. gentlemen. this claim OF
John G. Fleming for money which he
claims was due him Is a balance for
building a piece OF road between the
towns OF Wiscasset and Woolwich.
Mr.. Fleming is an old and expert
enced road builder. and he entered
into a contract with the State High
way Department and fled the bond
for the faithful performance Of his
duty by a certain time and to live up
to his obligations. SO he was awarded
that contract over all other bidders.
An engineer was placed in charge OF
MIR. Fleming, and Mr.. Fleming could
not move a rock or shovelful Of
gravel unless this engineer told him
to do SO. Mr.. Fleming believed that
this engineer was his boss. and, gen.
tlemen, l think he will prove to you
before We get through with this claim
that the engineer was his boss. For
| instance, you will see upon page four
! of the report which you have upon
your desks: "These quantities are
approximate only. being given as a
basis for the comparison of bids. and
| the commission reserves the right to
| increase or decrease the amount Of
any class or portion of the work as
! may be deemed expedient or neces-
sary." Item Is: Fifty linear feet of
side underdrains. including land tile
in place and back filled with gravel"
After they started in to build the
road. 1t was found that it was not
practicable to put In the land tile:
so the engineer in charge of Mr.
| Fleming put in a gravel and rock
drain. digging into the ground, gen.
! tlemen. some four feet in depth. as
| YOU will see by the original blue
print. filling at the bottom with
gravel. on top with stone. and on the
very top cobhle stone and gravel
! This drain was to be two feet in
width and four feet in depth. Mr.
, Fleming built 1891 feet OF this drain.
; SO he claims. and there was no proof
; to the contrary excepting that by cal
! culating with their instruments. it
was found that there were 1880 feet.
Mr.. Fleming did not dispute the
commission upon this point: but
where he did dispute them. gentle
, fifty linear feet Of side underdrain,
including land tile in place and back
! filled with gravel. at $500 per linear
foot. the department wished 10
award him 20 cents per foot for con-
+, structing this drain. All we all
lowed him was $4,000 for the job,
which claim. and for which think
he was justified in claiming the
amount Of s3.9S2.00. making differ
ence Of s2,6660O between the figures
Of Mr.. Fleming and the State High
way Department.
We held meeting up In our
claims room, Mr. Fleming was there
and his witnesses with his set of
hooks that were used on the job.
He had u very competent bookkeeper.
man who had kept the facts and
figures Of that job. and it was proven
there that they were right to cent
and to minute. The State High
. way Department at that time pre-
sented the opposite side Of the case,
and at that time they said that their
recollection OF the job was rather
hazy because at that time they were
not in very good working condition
Mr.. Fleming presented to us wha,
appeared to be q very Clear and con-
else case. We felt that he had not
received fair treatment at the hands
Of the Highway Department. and the
Highway Department. l think. fel,
that way themselves: and SO they
requested us to have another hear
|, ing. which we did. We re-opened
Nd ;ol, -
hearing in the Senate Chamber. II
vas brought out at the hearing in
the claims room. upon testimony OF
n" state Highway engineer. that
NJ Fleming was a very hard man
TO nav" to do work for the State
He said that Mr.. Fleming was man
who would do Just about as he saw
ft, and that they had a good deal OF
trouble to get engineers that would
stay on the job. but that at last they
! got a gentleman who stayed with
him. They said that he drove tive
men off the job before this gentle
man got there who stayed with him
to the finish. When we were asked
10 have this next hearing down in the
Senate Chamber. Mr.. Rounds OF
Portland asked them to produce those
two gentlemen. or their names. tina,
were driven off the job: and tina,
night Mr.. Rounds said TO the eng-
neer. We don't see those two men
that were driven off the job
WELL" he said, we made mis-
take" He said they were Flenling's
own men. gentlemen that were driv-
en- off that job because they were no:
efficient and because he knew that
they could not do the work in sat
isfactory manner either for the
Highway Department or for himself
In that Senate Chamber that night
the Assistant Attorney General pre-
scented the States side of the case
and Raymond Fellows of Bangor
presented Mr. Fleming's side.
want to tell you, gentlemen. there
was nothing to it. because there was
nothing more brought out in favor OF
the State at that hearing than there
was at the first hearing. They
would not admit anything. They ad-
mitted that there was something due
Mr.. F'leming--T think some $4,000
but they would not admit that they
were not right in this seventy cents
whore he should have been paid two
dollars.
delberation to this claim. and heard
them very thoroughly from half
past six in the evening, if l am not
mistak ken, until half past nine or
! quarter OF ten; and after the de-