.Helens is the Livest Little City in the Northwest Today - Come and See
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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-