Year: 1873

Wltn one accord cOn0emne0 tnlS pave
ment as an unmitigated nuisance, an i'm
pediment to travel, and worse than USE
less to the amount necessarily required to
remove it, is lost sight of and the old
corpse is permitted to remain, probably
with the expectation that when the
Supreme Court comes to adjudicate
the contest that has grown up
between the city and the contractors who
laid it down the judges will leave the
bench and go out to view il. Until the
court reaches the case. therefore. the
nuisance must remain to obstruct one Of
the most important highways in the city
and compel travellers to find parallel, un-
paved streets. OF course this is all
wrong. St. Charles street has been set
apart for the public convenience, not for
battle ground between the city officials
and contractors who slight their work.
Neither the Southern Paving Com
pany nor the City Council has
the right to obstruct this great
thoroughfare with wretched expert
ment fox which one party demands
and the other refuses payment. The lit
tie rotten blocks should have been torn
up long ago. and given away to the poor
for kindling wood, for in the nature of
things they will have to be removed final
ly. If the case before the court goes
agains. the city, it will have to pay the
Southern Paving Company for something
which has proved great damage, and
then so to work anew to improve the
street. The first step will be to take up
this old, rotten. useless pavement. On the
other hand. if the court decides in favor
of the city, and declares the contract SO
badly performed tha. no right Of payment
has occurred, the city will. or at least
should orde. the company to cart off the
distractions to travel it has placed in the
street in double quick time.


The condition of the pavement at the
time it was first laid down, and every year
or even month that has elapsed since
down to the present time, is susceptible
of ample proof, and the old nuisance. OF
any part of it, will never be needed as
witness to its own utter worthlessness.
Mr.. Lewis letter to Mr.. Highly. which
was published yesterday in a city paper,
shows that the Department Of Improve
ments, acting under the advice of the
city attorney, is much more afraid of
offending the Southern Paving Company
than the very patient aud extremely long
suffering residents of the Sixth District.
For the corporation might possibly bring
an action for few hundred dollars dam
ages, which the property owners on st.
Charles avenue are not at all likely to do.


But it appears there are two reasons
urged for not repairing St. Charles street:


l. The Council is in doubt as to the
best kind Of gravel to be used for the
purpose.


2. The Southern Paving Company re-
fuses to give the right to repair q public
thoroughfare which itself has obstricted.


Now. in case the Southern Paving Com
pany were to relent suddenly and gra-
c;ously accord the desired permission, it
might happen that "the experiment for
testing various kinds Of gravel for this
purpose had not been inaugurated. or
the tests might be successfully made, and
yet the company remain obdurate. 1t
would be too happy combination of cir
cumstances to be hoped for, that the tests
should prove propitious and the company
relent at the same time. The best way
would be to disregard the Southern Paving
Company altogether in the business. and
as for the disputed point about the gravel,
lay down foot or SO Of shells till one
rive! or the other shall establish the su-
Ieriority Of his invention.