The Winslow mail., 1921-10-28
PAVING CONTRACTOR OFFERS A
POSSIBLE SOLUTION


Phoenix, Ariz., Oct 81, q
To the Honorable Mayor and Com
mon Council of the Town of Wins
low, Winslow, Arizona.
Gentlemen:
We have been giving the matter
of our contract with your town con
the legal status of the situation at
cur counsel, Kibbey, Bennett, Gust
and Smith 10 advise us fully as to
the lega lstatus Of the situation at
the present time and We al e enclos-
ing herewith a copy Of a letter from
Mr. Gust which in our Oninion is
a very clear, full and Just statement
of the situation.
While we are very desirous of do
ing the work contemplated for the
Town of WinsloW, we do not like to
be the possible means of depriving
the taxpayers of Winslow Of their
Federal Aid allotment, which
number of YOU gentlemen no doubt
recall we were somewhat instru-
mental in securing for YOU.
We concur fully in the resume OF
the situation made by M Gust and
with the idea of being helpful to
the Town of Winslow, we formally
make offer to do as suggested b.
Mr.. Gust, conditioned upon the con-
ditions as set out in Mr. Gusts let
ter.
We are appreciative of the court
esy and confidence shown us by the
Town of Winslow and it is in the
spirit of cooperation that we make
the above offer.
Very truly yours,
WARREN BROTHERS co
BY E. P. CONWAY, District Mangr
October 10, 1921
E. P. Conway, District Manager,
Warren Brothers Company,
Phoenix, Arizona
Dear Sir: Answering your in
Quiry as to the legal position Of
Warren Brothers Company with re-
ference to the Winslow Federal Aid
Project, we wish to say that the sit
uation seems to us as follows:
Under the terms of Section 6 of
the Act of July lie 1916, 1918 Supp.
Fed Stat Ann. page Sal, and Chap
zona for 1917, the procedure outlin-
ed for obtaining Federal Aid for any
project is,
1. The submission of a project
statement by the State Engineer to
the Secretary of Agriculture.
2. The approval Of the project by
/ the Secretary of Agriculture.
3. The furnishing by the State
Engineer to the Secretary Of Agri-
culture Of surveys, plans. specifca-
tons and estimates
4. The notification by the Secre-
tary of Agriculture of the approval
Of the plans, specifications and es-
Inmates, to the State Engineer and
the certifcation CT the fact to the
Secretary of the Treasury
5. The setting aside by the Sec
retary of the Treasury of the
amount to be paid by the United
States for said project, which can
not exceed fifty per centum of the
total estimated cost
6. The construction of the work
and payment therefor
There is no express provision in
either of the laws above mention
ed for the State Engineer acting
merely on behalf of local subdivi-
5ions such as towns and cities as
their agent, but both of said acts.
State and Federal, undoubtedly
contemplate such course and the
practice adopted by the Secretary of
Agriculture and his agents, and the
State Engineer recognizes such pro-
cedure.
In the Federal Aid Project in
question, the State Engineer was to
provide no state funds for the CON
struction of the road. The Town of
Winslow adopted the plan of coop
Grating with the United States Gov
ernment for the construction of the
road. the Town of Winslow under
taking to raise its share of the funds
| by special assessments upon the
property benefited. The Town could