Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-05-30


material Such an Interpretation Is
absurd and unsound both in reason
ing and result.
Your attention is particularly in
vited to the fact that the language
In this appropriation bill is manda-
tory as to the manner in which the
specifications shall be prepared.
Therefore, subtitle (a) on page 1876
OF the Standard Specifications
(Which Is fully discussed on page 3
OF my original letter to yoW, in
providing that "(a) Asphalt cement
shall be grade AP-3" (oil asphalt)
is in direct conflict Herewith. In
constituting said appropriation bill
and the applicable code provisions
together the admitted best known
material for the purpose, to-wit,
lake asphalt (AT-3 might be sub
stituted In said subtitle (a) of the
Standard Specifications for the sym-
bols APP" (oil asphalt but GER
tainly 1t cannot be excluded in favor
OF oil asphalt without conflicting
with the higher statutory authority
OF both the code provisions and said
appropriation bill.
May I reiterate my position that
the District Commissioners have the
power at the present time to ask
Tor competitive bids upon lake
asphalt.
Thanking you, once again.
Sincerely yours,
D. GROVE MOLER.
May 2, 1899.
To Col. David McCoach, jr.,
commissioner for the District.
My Dear Col. McCoach:
Following up my visit to your
ONCE a few days ago in company
with Mr.. Warden and Mr.. Sum-
merville, let me say l enclose two
letters received from my former
secretary, D. Grove Moler of Mar
tinsburg, who is in contact with
the situation which we discussed.
l wish you would 60 through the
material carefully and return this
correspondence for my files. I shall
appreciate your comment on the
same.
1 trust something favorable can
be worked out for this company.
With kindest regards, am
Sincerely yours.
JENNINGS RANDOLPH,
May s, 1899.
To Honorable Jennings Randolph.
Chairman OF the House District
Committee.
My Dear Mr.. Randolph:
I have your letter of May 2 to-
gether with enclosure of letters
from Mr.. D. Grove Moler of Mar
tinsburg. w. Va, date April 20 and
April %, concerning the District
OF Columbia specifications for paw
ing
Referring to the recent confer
ence, I note that Mr.. Moler bases
his contention on the statements
that both Col. McCoach and Capt.
Whitehurst readily agreed that lake
asphalt is the best asphalt avail
able in this country" do not
recall such a statement being made.
On the other hand it was stated
that lake asphalt was an acceptable
asphalt under our specifications and
that We regard 1t as first class
product to be used in connection
with asphalt paving.
I have considered carefully the
legal phase of this question which
Is SO ably discussed in Mr.. Moler's
letter. 1t is my opinion that the
Commissioners have full authority
to select the type of pavement nee
essary under any given conditions,
also they have full authority to
specify the characteristics of the
materials entering into the type of
pavement selected. However. l am
firmly convinced that they have no
authority to limit the materials to
one make or manufacture. particu-
larry where only one source of sup
ply is available unless it can be
proved that such material is de-
cidedly superior to all others beyond
peradventure of doubt. Experience
IN the District Of Columbia and, I
am informed elsewhere, does not
warrant such conclusion of superb
orlty OF lake asphalt over oil as
phalt, or vice versa. I regret, there
lore, to advise you that it is not DOS
sloie TO specify the use of lake as
phalt to the exclusion of oil asphalt
for paving in the District of Column
bia.
The asphalt table on page 43 of
the District standard paving speci-
flcations provides for both petroleum
and natural asphalt in the lower
penetration group. These tables are
compilation from Federal specif1-
cation SE-A-796. There is no Fed
eral specification for Trinidad as
phalt in AS group. Likewise the
standard specifications for highway
materials and method of samplinp
and testing of the American Asso-
citation OF State Highway Offlcials do
not carry Trinidad asphalt in the Az
group. Whether this particular as
phalt has been marketed CONNER
cially In the higher penetration
group or not do not know. but be-
fore its use could be authorized a
specification similar to the Federal
specifications and the standards
which we follow must be established
1t is the intention of our specifica-
lions to permit use of all suitable
types Of asphalt adaptable to our
work on an equal basis, including
lake asphalt. I shall be pleased to
consider amendments to these speci-
fications regarding the AS group
when and If satisfactory detailed
specification for this group of lake
asphalt is established. AS requested,
the Enclosures with your letter are
returned herewith.
Very truly yours,
D. McCOACH, Jr.
May Is, 1899.
To Col. David McCoach, jr.,
Commissioner of the District.
Dear Col. McCoach: I wish to
thank you for your kindness in
ora ntinp a. rn,1ch tiv,a fo,. a{~o,,s