The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-27
GAVIN DEFENDS
; FIGURES MADE
ON ROAD WORK
Declares That His Figures
With Regard to TWichell
Allowance Correct
WAS ALLOWED MORE
Board of Arbitration Settle.
ment Considerably Above
Gavin's Figures

The batteries of the House High
way Commission investigating COM
mittee's lawyers were turned today
again to the Treadwell Twichell road
contracts in Richland county, which
dragged over period of three years
or more and on which there arose
many disputes.
Jack Gavin, formerly resident en-
gineer in the district, now employed
in Missouri, was called to the witness
stand to answer questions regarding
claims of Mr.. Twichell and state
>, ments of w. G. Black, chief engineer,
that Gavin had figured estimates on
the job incorrectly, and Twichells
statement that there was dad blood
between him and Gavin.
Gavin said Twichell had made
aany claims regarding the road, for
extra work. He said that he had al
lowed Twichell about $500 yards
more haulage, figured at unit prices,
and that he figured this was all
Twichell had coming.
He said Twichell at various times
had requested inspection of the road
and that he (Gavin) had ordered
Twichell to bring the road up to
specifications. He had ordered Twic-
hell to replace clay surfaclng and
other work worn out because of lack
of proper maintenance, he said. He
also said Twichell had put more clay
surfacing on the road than the plans
Ina oh cd
ignored his orders and gone ahead
with work, stating he was taking Or
ders only from the Bismarck office.
uavin said he had looked over the
award of the hoard of arbitration and
he figured from the figures that
Twichell had been, allowed the full
amount Of his Chains which, he said,
were excessive. This, he said, ac-
counted for the difference between
his estimates and those approved by
the Highway Commission.
Orders To 1wichell
Gavin said he ordered Twichell
several times to maintain the road
and sometimes Twichell did this and
sometimes he did not; and when he
did not Richland county or the city
of Hankinson did the maintenance
j, work.
- Asked if he were called into Bis
marck and asked to increase his esti-
mates, he said he had been called in
by Mr.. Black and asked to do so.
He said that he had allowed Twic-
HELL $4,000 extra on the job and he
understood Twichell claimed $34 900.
He said Mr.. Black and Mr.. Myhre
asked him to figure the shrinkage of
the clay and additional hau!age,
since the matter wotfd undoubtedly
20 to court. and that it seemed the
fair thing to do. He said he did
figure, and the engineers agreed on
$4,000 settlement, as compromise
on TwichelPs claims.
Asked if he were requested to APP
pear before the board Of arbitration,
which made the final settlement at
much higher figure, he said that
he was not asked to do so. He said
that he had examined the figures OF
the board and he was still convinced
his figures were substantially COR
rect.
Mr.. Gavin testified that he had at
various times suggested to Twichell,
and also to former Chief Engineer
Robinson and Chief Engineer Black
that supplemental agreements be
made in writing for extra work Or
dered on the road, and that none had
been made.
Arbitration Award
G. F. Mudgett, Valley City banker,
third member of the arbitration
5. board which made the award on the
J road, making the total cost about
$4,000, was. on the witness stand.
He was appointed by s. F. Crabbe,
el,biter named by Twichell, and Mr..
Bliss of Valley City, named by the
Highway Commission.
He said Twichell submitted figures
and the Highway Commission sub
mitted figures. He said that Bliss
and Crabbe were engineers, and that
they went over the engineering fig
ures, he not qualifying in this re-
spect. :.
Asked if any Offset was asked of
the board of arbitration in the form
of Inundated damages, because Twic-
hell had not completed the road as
he should, he answered mo-. His
attention was called to provision
in the board of arbitration award
for a waiver of time element on ac-
count of changes made.
He said Black had told Bliss to
notify Richland county of the arbi-
tration board meeting. and that
Richland county was not represented.
HE said he was surprised at this,
since the county was interested and
would pay part Of the cost.
He was asked II he knew that
Bliss had notified the Richland coun-
ty board of one date Of meeting, and
that the board was not notified Of
the time being changed, and he could
! not give information. on this point.
He said. in answer to questions.
that Messrs. Wallace, Gavin and
Carroll. engineers In charge Of the
(Continusd On page three)