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About St. Helens mist. (St. Helens, Or.) 1913-1933 | View Entire Issue (June 18, 1915)
.Helens is the Livest Little City in the Northwest Today - Come and See '-v; V't. v.. hi OFFICIAL PAPER OF COLUMBIA COUNTY UuME XXXIV. ST. HELENS, OREGON, FRIDAY, JUNE 18, 1915. NO. 26 . . nr - u, f , . -'OV I . -iT" J vt J.I I I If MY COURT CONTRACT Til COXWH.1I" JhMPANV m.MMI AMOWKI poll WOltK ri:iiM.Mr.ii. D COHTBAW AWARDED air llrllrvtHl Irom IJubllHIc of Lit Itrimght I'V Kln. VtU boil A Seattle Railway Co. Alter ovcrnl counter proposition Iho County Court end tho Con sul Contract Company, a set- Lnt wus effected ut a mooting lid it llio cgurt house Saturday, 4 tint court allowed tho contract pjny ICS, 000 for work which U had performed on the hlghwa. Jriio County Court entered Into contrmt wltli BundlfiT & Clark- V o( I'ortland, to proceed with tho Lirartlun work. There I available lb In work ISfi.OOO, hut thn court Lkcd bant to withhold 125.000, to iivd In lirldgn construction ami tint Tho remaining 160, out) ay h used by tho now contract fopiny when It will be optional ill ths court to cunciil the contract ) denlrcd. At wvoral point along the route former company obliterated the ill, making truHlc Impossible. t section nro to lie rocked I ill hltotely In order that traffic may mmmcd. Material U bolus as- wbM at oiIkt places along the hinnd work will be commenced at Taking- Into coiiHlderntlon the (net ul the former contract company trine porriirniod tho work which the niont profitable, the court !1 i (tiKiilrlnn that a roaoonablv il to Minpli'tu thn work would be pen It to iioi'iirfl, but the connldara k KttliHl on by the contractor! U kilderwl Mitixractory FuIIowIiik Ik the ofllclal record of k procetdlriKM In full lurthy. Juno 12, 1118. 11th !lfll )uy. I'ourt cnmn purHunnt to adjourn- kt. Olllvera all nrom'nt. Duo oroc mtkin Iii'Iiir nmilo, tho folio vlni fwUliiK(i were had: . in the imittor of conntructtng Mlon of tho Columbia HlKhwuy, J Bttl.iiHdil In full Willi t'OlllHlll- IW Contrnct Co, A rcKuliirly callnd moetinc of the funty t'ourt of Columbia County on for tho Htute of Oregon, svat ii to onl.r on Bnturday, Juno 12 is, ut 2 o'clock l M by Couuty "Ho a. I,. Clnrk. There wore ures i ill nicmli.Tii of the County Court rn: a. t,. Clnrk, County Judgo ("Iron Wwd. Count ConmilHiitonnr ft A. E, llitrvoy, County ComrnlH hereupon the queatlon of effecting lull ami II ii u 1 aottlnment of all "mi of the Connolldntod Contract fi; Ulldcr tlx nilllruet mllli ('nllllll. County of May H. 1914. came on r mnaiilnrutlnn and thoro wnB ub rUtwl to tho County Court a coin a canon from the Btute Englneor nie ilniutlim In wordu and flgurof uiiowh: "Portliiml. Ornirnn. .Iiiiia 1A 1011 "TO tllll I'liiir.lw S'.tl.tn.ltla . II V J V U U V v V'VIU.I.M.H nor duo consldoratlon of the 'ran made hv the Cnnmii.itKf Con M t'oiiipuny undor Hi contract of r . 1U14, and the work done by mo t-oiunibla Highway In Co- n' Ola Coonlv ulnna Mnu 1' 10IK P all the fuctB of and clrcunwtance prroundlnir thn cnntrnvnruv tinreto- rr' mIhIIiir hotweon said company r 'fliuiunm County,-w have con feu t0 rcRommond, and do hereby ml final nuttlemont of all clalma ' Mill company undor or by virtue contract and all controverBloii I11" difference. liirainf. svlallnir rtwotin miiii company and Columbia ii ii. It ,lr'.n0.00 be paid by Co- 'lllllla CoillltV r nnnnmnlluh anil In f Tn'ioii of mich anttlemont. ..I, 1 iKWIB, Stale Engineer, ,"'5 ' CANT1NE, Chief Deputy 7 uiiwwuun, AbbH Engineer. .. KKI.I.EY. Dint. Engineer neroiinnn u ... i.M HnH,n i. , Vot" of t,le members of i,i".,.""y 'ourt' unanlmouBly or- 6ooo ,1.... '!'.mbltt .Co.un.ly, Ptty . , u "ULllUlllOlil oi HI! VIUIIIIK F1 and r.ii.i.... 1 -i j,. Li.. . urnitio aim iiintjraiiva d " . . ( "tiBolldatod Contract Co, L I' company and the New En Smki . u,ulJr lnPany Joining C -... v ounty in the exeoutlon of r lemeiit agreement In wordB and rnureg r,.ll.,.. . .... "hereiia nn Mo b tin wu. eontraet wai made and e'ered ed Contract Co.", a corporation, here inafter cullod "Contractor," and "Co lumbia County In and of tho Htute of Oregon," hnrnltinflur culled "County,", in and by which mtlil Contructor agreed to coiiHtruct a certnln portion of tho Columbia HlKhwuy In mild Co lumbia County al Hi" prices and on' the tertni and conditions net forth and referred to In Bald contract; and "WlioreuB, In compliance with the provlHlona of Kiild contrnct and tho lawi of the Htute of Oregon nuld Con-' tractor furnlBhed to mild County a rllton bond, with mild Contractor uh prlnclpnl and the 'New KiikIiiiuI aiiuulty Company,' herelniifler called Hurety,' H Hurety therein, for the full and faithful performance of mild contract, which nuld bond 1h dated ay 11, 1914, and contains the fol lowing provlHlon, to-wlt: 'Now. therefore, If tho principal herein shall fulthfully und truly ob serve and comply with tho teniiH. condition and provision of the Huid contract, In sll reHpects, und Mliull elt and truly and fully do and per form all mutters and UiIiikb by II un dertaken to he performed under Raid contract, upon the terms proposed therein, and hIiuII Indemnify and save harniloM the County of Columbia, Oregon, the State Highway Kuglneer, heir otllcors and agents, as therein i stipulated, aKulust any direct or In direct tlumiiKOB that shall lio suffered or claimed, or injuries to person or property during the construction of said road and until the same 1b ac cepted, shall pay nil laborers, tue- hunlcs, sub-contractors and material men, and all persons who shall supply such laborers, mechanics or sub contractors with materials, supplies or provisions for carrying on such work, and all Just debts, duos and emsnds Incurred In the performance of such work, and shall In all respects faithfully perforin said contract ac cording to law, then this obligation to be void, otherwise to remain In full force and effect,' ; and 'Whereas, In December, 1914, and ftor port of the work required by Id contract had been dono by said kintrsctor, tho Btute Highway Ku glneer ordered work thereon sus pended; and Whereas, after said suspension oi work negotiations ensued between said County and said Contractor for a cancellation of wild contract by mutual consent, and, ns an aid to aid negotiation!), the Htute Highway Knulneer measured and clusslllcd all work done by said Contractor prior to said suspension and reported that for sold work said Contractor would be entitled nt contract prices to a bal anco or $f4.614 .86. and said Con tractor has claimed that Ihero were errors and omissions In said report and that said balance should have been more than $76,000.00; and "Whereas, on April 24, 1915, the County Court of snld county made on order directing said Contractor to re sume work under said contract, and on May 8, 1915, tho Stato Highway Rnirlimnr save said Contractor writ ten notice to forthwith resunio work miller said contract: and Whereas, sad Contractor lias dono some work on wild t olumuia Highway since so notltled lo resume irk miller snld contract and has claimed that It resumed and prose cuted said work In good faun; ami Whren. the Btnto Highway en gineer did. on May 21. 19 IB, notwith standing said Contractor's claim of good fulth, docldo that saw t oniraci- or was unnecessarily delaying the orosecutlon of the work under sum contract and was not proceeding therewith In good rami ami iieciurm said contract forfeited and notified aid Contractor of said decision and action; and "Whereas, said County re-ad vor tlsed for bids on the tin II nls lied por tions of snld work nun nns rocm. bids therefor and Is nbout to make .niMMi with nersons other than said Contractor for the doing of the unfinished portions or sum worn, .... mrl,.,n. an III ('1)111 ty HUB Illum ed that thoro should tie from the unpaid imuince oi n mi. amount oarned by said Contractor a contract prices for work performed by It damages siiBiaine.i j .. i.ii ninanii of delays and de fects In the performance of said work .i.. n,niiora und things, and -..i nimnmr. nn the other hand, nu... w..,.".. ---- . i10 has clulmed that more bi.ou... added to said balance damages sus tained by It by reason oi vur.o.io tor and thlngB; ana "Whorons. snld County hns further -i.i . ti.ot in nn event Is said Cou- tractor entitled to any payment at this time or to any mini accoui.u.. and settlement until all the work re quired by said contract has been done by other contractors to whom the same Is shout to be re-lot by sold County; and ..,,....,. thn fltute Engineer o 1 11! 1 I7I " , ..." -- . the State of Oregon, upon whom 1ms devolved ell the powers and duties . .. .oriQA.l hv the State High- way Engineer ha. after duly con WL,- n .1,0 Malms of said Con a'rand m i work don. by It on snld Columbia Highway since April 24 1916. and all the facts of and .1 ..,.!. nra Biirroundlng 1110 con trovorsy heretofore existing between r'trnrtnr and said Couniy. recommendod that said County pay n..i...i ikk.ooo.oo to ac- coinpllBl, and In oonjldoratlon of the settlement eviiiciiM -"- ment; and . , ... "Whereas, It has beon agreed be NX ri z y iff m$ a W ? twevn said County and Bald Contract or and said Surety that said contract shall now be cancelled by mutual con sent and that ull differences and con troversies arising out of said contract and the work heretofore done on said Columbia lilghwiiy shall be compro mised and settled in the manner here inafter Btuled; "Now, therefore. In consideration of the premises and of the mutual promises and agreements herein con tained, It 1b hereby agreed by and be tweiui suld 'Columbia County' act ing by and through Its County Court consisting of Its County Judge and two County Commissioners, as part) of the llrst part, and said 'Consoli dated Contract Co.', as party of the second part, and snld 'New England Casualty Company,' as party of the third part, as follows: 'First. Said contract is hereby can celled by mutual consent; and Bald Contractor and said Surety hereby ex pressly waive any objection that they or either of them might otherwise have to the above mentioned forfeit ure of Bald contract nnd re-advertls-Ing for bids for tho re-letting of the unfinished portions of the work cov ered by suid contract. 'Second. Contemporaneously with the execution hereof said County pays to said Surety the sum of Sixty-five Thousand Dollars ($66,000.00), the receipt whereof Is hereby acknowl edged by said Surety and said con tractor. Third. Said Contractor and said Surety hereby absolutely and forevor release and discharge said County and nil its ofllcers and agents from any and every claim and liability by reason or on account or arising or growing out of said contract or the construction of Bald Columbia High- eaatward examining and testing each separate cut as we progressed and finished this work on the evening of the 16th, using four days to- finish the field work. There are several miles on which there has been no work done, viz.: Miles 24-25, 26 and 27, and Mile 25, which of course did not consume much time. "In the report I have assumed that the engineers' quantities are correct, and the classification is based on these quantities, where the engineers had actually measured the different classifications in the cuts I took their measurements for these particular Cuts, as a guide. I made practically an independent classification of the work as I did not Inquire what the County Engineers had given, except ing where they actually measured up the different classifications and in a few special Instances, where slides had occurred, also where borrow pits had been made that obscured or had obliterated the original cuts; also In a few isolated cuts, just to line my self up a little In the classification. I made the same classification that I should have made under similar con ditions were I the engineer In charge of the work; that is, I made what I meant to be a -very liberal classifica tion. I secured the County Engin eer's total quantities of the different classification and from these figures I seem to make a difference in favor of the contractors of $4711.00, or about 2 per cent increase In the cash estimate on the grading alone. There is some overbreak that has not been allowed on Mile 31, on the Frescott Bluff, amounting to ap GOVERNMENT ENG INEER INVEST GAT E3 SKVEIUIi THOUSAND DOLLARS SOON TO BE EXPENDED IN IMPROVING H.VIU50H BELOW THE OLDUGHT HOUSE Work Will Probably Start Within Thirty Days New Residence Going Up. Fourth. Snld County does, except as hereinafter provided, absolutely and forever release and discharge said Contractor and said Surety and all their olllcors and agents from any and every clnlm and liability by reas on or on account or arising or grow- Ine out of snld contract or the con struction of said Columbia Highway 'Fifth. Said Contractor and said aiin.lv shall and they do hereby un dnrtake and agree to indemnify and save harmless said County from and iiimlnst any liability or coBt or ex pense by reason or on account of any cam heretofore or nereaiier assen- riI nualnst said County by any person for labor performed or maieriaiB or supplies or provisions furnlBhed for thn enrrvina on of any of the work covered by said contract heretofore done by or under snld Contractor or for any direct or indirect carnages 10 persons or property arising out of the nnrfnrmance of any of said work cov- ored by said contract heretofore done by or undor said i;ontracror mciuu inr Bsnoclally therein that certain claim for damages against said Coun ty which is asserted by the Spokane l'nrl mill ana Heaitie ituuwuy com pany in a certain suit now pending in 11.. District Court of the United siniei. for the District of Oregon wherein said Railway l ompany is complnlnant and said County and said Contractor are defendants; and oniii Contractor and snld Surety Com pany expressly agree inai uiey win Indemnify and save harmless said cni.ntv from and against any nauu iiv nr cost or expense on or by reason of any Judgment rendered against said County In snld suit. 'Sixth. Nothing herein contained ia intended to or shall moaiiy or les sen the liability of said Surety under said bond to porsons oiner man sum County.' ,, , . "in witness whereof, said 'Colum hla County' has, by an order of its pminiv Court, caused this agreement to bo exocuted for it and in its behalf by Its County Judge and two County luslnners. and said 'Consolldat- c.ntrnct Co.' has caused this nmonint to be duly executed for and in Us behalf by Its duly author ivo,l nillcers and Its corporate seal tc be hereunto affixed. And said 'New England Casualty Company' has caused this agreement to be duly executed for it and In its behalf by its duly authorized representatives I proximately 6600 cu. yds., where the all done in triplicate on this 12th cuts were staked out vertical, that I day of June, 1916. should say should be allowed the Thereupon the proposals and bids contractors, as this material is of for work on the Columbia Highway, Buch character as to preclude the pos whlch were received and opened on sibility of taking it out on a vertical June 7, 1916, came up for action, slope without overbreak. But I think and after due consideration was glv- It was advisable to have staked the en to all bids and tabulated report of the work in this manner, as it no and recommendations on the same I doubt saved the county paying for from the State Engineer s Depart- several thousand yards or. material ment: and it was the opinion of the as in my opinion, If it had been three members of the County Court I staked out to 1 instead of ver- that the best proposal and bid for tlcal, there would bave been still a Columbia County to accept was pro-1 considerable amount 01 overoreag, no sal and hid No. 1 of Standlfer-I "The manner in which this would larkson Co.. being its proposal and be handled generally on railroad bid for bulk work at fixed rates and work would be to allow the contract- finlshins: work at cost Plus ten per or the full yardage out to the to 1 cent. I line, where the overbreak occurred It was thereupon, by affirmative I only, and beyond that allow say H vote of the three members of the I hard rock and V loose rock. This County Court, unanimously ordered would involve the allowing of 4400 that said proposal and bid No. 1 of cu. yds. hard rock and 650 yds. of Standlfer-Clarkson Co. be accepted, loose rocK ana ror the total over- and that all other proposals and bids break approximately 4960 yard be rejected, and that all cash and hard rock and 50U yds. loose rocK bonds and certified checks which ac-l I understand that overbreak in all comnanied rejected bids be returned other cases has been actually measur- forthwith to the respective bidders led and allowed tne contractors, in ho turnlshed same, and that Co- conclusion I will say that from my lumbla County forthwith enter into examination of the notes and cross a written contract with said Standi-1 sections, they seemed to be In very fer-Clarkson Co. for the doing of the good shape as far as I could Judge work covered by Its said proposal No. I and the only criticism that I would and reciutre said Standifer-Clark- make is that they might Have meas- son Co. to furnish a surety company! ured up the classification In more bond In the sum of $30,000.00 for I of the cuts, especially where the the full and faithful performance of I lines of demarcation are fairly well said contract-r-said contract and I defined bond to be in such language and form "The finding of a cash difference as shall be proper and approved by I between my estimate and Mr. Kelly the attorney for Columbia County, lot $4711.00, about IK per cent in In the matter of Issuing warrants I favor of the contractors, does not in to New England Casualty Company. I dicate any glaring effort on the part On this 12th day of June, 1916, In I of the State Engineers to under accordance with that certain stlpula-l classify the work, with the o lion and agreement entered into by at Prescott Bluff, which, would and between Columbia County, Con-I amount to about $5000.00, would soltdated Contract Company and New make a difference In favor of the con- England Casualty Company, whereby I tractors of about $9000.00. I did settlement was had by and between not go Into any of the details except- said parties in full of all claims on tng those pertaining to classification account of Columbia Highway con- and overbreak and of course will not struction, it is ordered by the Court discuss any of the other features. The that the Clerk of this Court be, and details of the classification that I he Is hereby authorized and Instruct- gave differs considerably, as you will ed to Issue a warrant on the Colum- notice, but the cash difference is not bla Hiehway Bond Fund In the sum I great. of $20,000,000, in favor of said New "You will please find a summary of England Casualty Company, and a classification and quantities oy mites like warrant on the General Road and residences; also a detailed state- Fund, In favor of said Company, in ment showing each cut separately. I the sura of $45,000.00. I have Included the borrow In with the Whereupon Court adjourned until excavation quantities wltn numerous Saturday. June 19. 1915. notes of same. "Yours very sincerely, "GEORGE KYLE, "Consulting Engineer." A few days ago Assistant United States Engineer 3. L. Brownlee of the Oregon district, was here making In vestigations of the needs of the har bor, lighthouse and buildings on the Island above St. Helens. It Is the disposition of the govern ment to expend several thousand dol lars In a scheme of improvements at this point, an appropriation having been set aside for this place. The Improvements will include the building of Jetties along the full length of the government's water line, some four hundred and fifty feet below the lighthouse, where the wa ter is making great Inroads into the shore. A well will be put down and complete water system Installed. Rather than remodel the old resi dence that now stands, which was condemned some time ago, tbey con template tearing it down and erect ing a new one on the present site, modern in every particular. The lighthouse will receive Its share of the good things and be re-finished, a new roof put on and other repairs made. Plans for the residence have not yet been completed for the keeper's residence, but work wtU be started on the piling within thirty days. awarded to Montague-O'Reilly Com pany for cement concrete No. 1, in clusive of Armor joints-crushed stone aggregate, costing $22,352.00. Bids for hard-surfacing, all but section ,M" of the St. Helena road were rejected and will be re-advertised as all bids received exceeded the roadmaster's estimates. Bids were being opened by the commissioners Thursday, but at the time of going to press Thursday evening no bids had been awarded to local manufacturers. lte-Clastdficntion fs Made. The amount allowed by the county I Is somewhat in excess of the amount I as Btated by State Highway Engineer ONLY ONE LOCAL Bowlby's report, which was $56,- 414.96. A re-classtflcatlon of the work was made by a competent and disinterested engineer and the com muntcatlon addressed to Mr. Cantine by Mr. Kyle explains Itself fully. It reads: "Portland, Oregon, May 1915. E MANUFACTURER Mentioned in Rondmaster Recommendations. Yeon's Roadmaster Yeon of Multnomah county, in his report to the county 21st, commissioners Tuesday, recommend I. Cantine, Oregon State that on nection "M" of the St Highway Eng'r., Salem . Oregon HeUmB road tat the Warren Con. UCni Oil ah nvbuiuuutiO tt avis r v , , . . personal and verbal Instruction. I struction Company be awarded the have the honor 01 suDmitting to you contract on aspnaiuc concrete nu. 1 a report on the re-classtflcatlon of the on a crushed stone baBO, cost total- w ".w DemF r Dy " . Ing $28,537.03. That sections "A.' BOIinsieu ijonBirucuuu vu., 111 vu-i Ttii. lumbla County. Oregon, on the Co- u no. u, 01 me .,oiuiuu. lumbla Highway, 38 miles in length,! way be awarded to the same com as follows: nnny with the same material, costing -un tne evening-01 mo- tun di n,,.,,,, rri,. .n" nf May I left Portland and went to Ral- .V"; , "I T T " J. " t' nler, the headquarters of District En- me Columbia Highway be given to glneer Kelly, and had a conference the Pacific uriuge company, ior as- with him, and examined the cross-1 rjhaltic concrete No. 1 on a crushed E?""!1 total cost $155,332.78 day of May. Division Engineer Mr. That section "E" of the highway be QrlBwall, Mr. Kelly ana myseit se- let to uoyajonn-Arnoia ana nans cured a man to use the pick to exam- p0derson for brick on a concrete Ine the material on the cuts, and be-1 bage- at ft C()gt of ,22921.66. That KUI1 WUI K III VI10 Hutu ai rt onv . , i of Columbia County, and worked action B of the Canyon road be A CLEARING HOUSE FOR IDEAS. We want the people, both ( men and women, to feel at lib erty to bring. up any matters of 1 loth county and state Interest , for discussion through the col umns of The Mist. To make ' this paper a clearing house for , ideas. Nothing makes a news paper more interesting than deas on timely topics. Presi dent Wilson has said "Discus sion is the greatest of all re formers. It rationalizes every thing it touches. It robs prin ciples of all false sanctity and throws them back on their reasonableness. It ruthlessly crushes them out of existence and sets up its own conclusions in their stead." Your real name will be pub lished, Just as you like, but we believe any article doubles its power that has the writer's name at the bottom of it. If you have a friend spending a few days with you, a member of the family or a neighbor going away; it you know of Jome one sick, a couple married or a party given,, or anything happening, it will make a splen did news item. It will be great ly appreciated if you would , phone It to The Mist and help make a newsy paper we havt ' a big pencil and a long tab just , for this very purpose and we would like for the wires to be kept hot. r r ana botwoen the "ConBolldat-