The Bismarck tribune., 1925-11-06
TRIAL DATE
HAGGARTCASE
UNDETERMINED
Time Suitable to Judge and
- All Parties Concerned Is
Difficult to Set
NO WORK THIS YEAR
Work Could BE Done Com
missions Way For 100000
Says Blacks Statement

Arrangements for the trial of the
action to determine whether or not
the Haggart Construction company
has a valid contract for paving the
Red Trail from Bismarck east to
the state penitentiary are being held
up pending the selection of date
satisfactory to all parties, i, was sad
at the Attorney Gener raj $ Office today.
John Thorpe. first assistant attor-
ney general who will represent the
state highway commission in the case,
said he will be ready to go to trial
whenever arrangements are complet-
ed and a date selected. 1t has proved
difficult to select a date at which all
of the important witnesses will find
it convenient to attend the hearing
and which will be convenient for one
Of the several district judges to sit
in the case. Thorpe said.
Roadway SmOOthei Down
The action was brought by Patrick
Sullivan a Bismarck taxpayer, TO halt
the Haggart company from proceed
' ing with the work after it had torn
up part of the highway prepara-
tory to grading it. Sullivan's contcn-
tion was that the Haggart company
had no legal contract. Recently the
state began smoothing the highway
torn up by the Haggart company be-
cause it is obvious that the work
cannot be done this year regardless
of the outcome of the courts deci-
sion. A detour was designed by the
Haggart company around the place
where it began work but it has Ocen
removed.
The cost of the work as provided
for in the contract and the cost which
the state thinks is proper will be one
Of the tributary issues developed at
the trial, in the opinion of highway
department officials.
The price for the 2.49 miles of paw.
ing called for in the Haggart contract
is little more than $l23,O00. l,
. provides for bitulithic construction
on a black base, which is crushed
rock with an asphaltic binder.
Bhck's Statement
A statement prepared by W. G
Black, former chief engineer for the
state highway commission who signed
the Haggart contract, prepared sew.
cral months before his resignation
recently was unearthed from the
highway commission files. The state.
ment says:
"A considerable saving can be made
in the cost of constructing the peni.
tentiary road, provided the plans OF
this conlmission are adopted. The
contract bid for bitulithic or black
top for this road is $l23,000. The
work can be done for 100000 il con.
crete paving is employed and the rec.
concentrations of the commission
=. followed in this respect This wlll
make a reduction of $4,000 in the
cost of this item alone. A small saw.
ing can also be effected in the cost
of engineering. Under the plan con
templated by the county the usua
engineering price would be five pei
cent of the contract price or in round
figures about $4,000. Engineering
costs if done under the commission's
direction. will run about four pei
cent, one half of which will be borne
by the federal government and the
balance paid from the state aid fund
This should produce saving Of
about $4,000.
"How much may be saved in con.
struction costs b. the employment OF
y convict labor is difficult of exact
statement, but It may be roughly and
conservatively said that the reduction
should run about 500 day. The
fact that the work would be done un-
der the immediate and direct super
vision of this commissions engineers
will insure the very best of construc-
tion work."
Enginse ring Costs Too High
Blacks estimate of the saving
which could be effected in engineer.
ing costs is much too low, in the
opinion of engineers now on the high.
way commission staff. They explain
that the plans for the work as out
lined byA the Burleigh county COM
missioners provided for the engineer.
;. ing work to be done by a private en-
gineer and was based on the engi:
neering costs of grading and SINH
lar work.
The fact is, they point out, cngi.
T neering costs on paving contracts
are and should be lower than on 9th.
er types of work because of the rel.
atively high cost of the project COM
pared with the services which the
engineer is required to perform. They
estimate that state engineers could
do the work for one-half of one pei
cent. The fact that engineering costs
on paving work are relatively small
in comparison with the total cxpen'
diture is the explanation, state en-
gineers say, for the startling showing
made by highway departments in
other states where most of the money
is spent for paving instead Of fol
grading and grsveling as in North
Dakota