The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-08-11

ard method cf laying 81 ,ha IA siac.,
especially along ti:e eun.ea5y's
right osway. Among theaa wore /:
the privilege Of the company ., op-
eTate its cars over The rock halSst
iald Tor the base O. the concrete at
Nigh properly settle. Tho cppor-
tuniCy to lamp ard Setzmp from
/ DAY 10 day for the ten days was al
SO called for in The standard speci-
flea lions. Among other stir,i,ajons
in the specifications agreed IN be
! both city and car company SGs that
the contractor should furnish q
bend for the maintenance Of TIE
| pavement Tor a-psTicd ~ i've ycs-,S.
Still another apecifica lion in the
plans was that the stree: gboIA pc
rolled with 4 roller Weighing ACC
less than ter tons. II was ALSO
agreed mat the city s.,nt;ld Dc clio
| judge III ali such matters.
City Was Iu Control g.
Mr.. Wilson said tnAt p,G; Mariia
to Electric Traction cnmEaay
agreed that the city of<Maala:l. IN
the contract for the paving OF the
streets had complete and .gciu-
sive. control of the method an6
manner of construction of the pave
n1ent. That during the construc-
ton of the pavement, the city care
lessly, negligenuy, and willfully dis
regarded the terms and provisions
OF the contract 1t is contended that
the city directed and compelled the
contractor for such work to con-
struct and furnish material, and la
Dor in methods and manner forbid
den by the plans and specifications,
and negligentiy and willfully caus :.
ed the pavement to be constructed
in a careless and negligent manner,
and otherwise than directed in the
plans and specifications agreed to
by both parties to the contract.
Mr.. Wilson contended that the
street car company from time to
time protested to the contractor
against the departure from, and vio-
lations of the Specifications
Other Violations Alleged
Among the violations of the con-
tract as cited by Mr.. Wilson was
the placing or pouring of the con-
crete between the rails and ties
without permitting the car company
to operate its cars for a period of
as the foundation for the concrete,
so that this ballast might be proper
ly settled. The contract also called
for opportunity on the part of the
street car company to lamp and re-
lamp from day to day during those
ten days and then. realign its rails
etc. 1t is alleged that the city poured
the cement before the company had
this opportunity in the face of the
protests from the company. AS a
result of these negligent and will
full violations of the specifications
the foundations fol-, the paving along
the right of way was laid in a tenn
porary and unsettled manner. This
resulted in settling and disintegra-
ton and receding from the founda-
ton which became loose and move
able when the cars were operated.
Mr.. Wilson alleged that all of this
was due to the failure of the city
to live up to its part Of the con-
tract.
That according to the standard
specifications and according to the
plans and specifications agreed upon
by the city and car company, the
contractor was required to properly
roll the steet with ten ton roller,
but much lighter roller was used,
which did not sufficiently pack the
work. This act, according to the
contention of the street car com
pany was negligent, wilful and re-
suited, in the present defective
conditions of the paving along the
company's right of way. For these
reasons the company, Mr.. Wilson
said did not feel that it is obliged
to live up to its original agreement,
and it was further commended by
the attorney for the traction COM
pany that the franchise should not
be revoked.
Another alleged violation on the
part of the city in the original con-
tract for the paving which Mr.. VIII
son laid particular stress upon was,
that the standard specifications
called for and required that the
wood blocks should be laid loose
and with sufficient space for the pour
ing of liquid asphalt filler in order
to provide for the proper expansion,
and to prevent swelling, bullying and
the seepage of water between the
blocks. Mr.. Wilson alleged that the
city in complete violations of those
requirements of the specifications,
and contract compelled the con-
tractor to lay the blocks tight and
with no spaces between them for
asphalt filler. Here Mr.. Wilson stat
ed that the then commissioner of
streets, who was protested to by
residents and business men along
North Front street, who asked that
the proper spacing should be left
between the blocks for filler. in
language not fit for publication, is
alleged to have said that the city
is paying for blocks and not creo-
sote filler" and in complete yari
ance to the terms of the contract
ordered the blocks hammered in as
tightly as possible. following the
laying of the blocks it should have
been rolled with light roller, Mr..
Wilson contended, but he alleged
that instead of using light roller
a seven ton machine was used,
which had a great deal to do with
destroying the sand cushion be-
meath. These negligent and ,wilful
acts on the part of the city again
contributed to the present defec-
tive conditions of the street. /
Cost of Railway Cited
Mr.. Wilson stated that in pur-
suance of the ordinances of the city
Of Mankato the Mankato Electric
Traction company constructed sys
tenn of street railway at cost Of
many thousands of dollars, and If
the franchise were revoked, it would
result in a complete stopping of the
operations Of the company, which in
turn would be a great financial loss,
and would possibly prevent the re-
sumption of operations in the future,
not to speak of the complete loss of
much of the rolling stock and mat