The watchman and southron. (Sumter, S.C.) 1881-1930, March 27, 1907, Image 6
A SEWERAGE TANGLE,
ENGINEER LUDLOW CLAIMS TO
SAVE CONTRACT WITH CITY.
:JL Superfluity of Supervising Engi?
neers Proves Embarrassing and the
Final Outcome May Be Even More
Serious-City Threatened With
Sait.
The Commissioners of Public
"Works and the City Council are in an?
noying and serious tangle with Mr. J.
Xi. Laidlow, of Winst?n-Salem, X. C.,
over the contract for the supervision
.of the construction of the sewerage
system.
The facts of the case are as fol?
lows:
In the spring of 1903 i*t was decided
ly the City Council then in office to
?ave a sewerage survey of the city
made for the purpose of ascertaining
the cost of a sewerage system. A
committee, consisting of Alderman G.
Dick and D. J. Chandler and Dr.
. S. C. Baker, of the Board of Health,
'ivas authorized to employ an engineer
to make the survey, prepare maps
and plans and make an estimate of
"the approximate cost of a sewerage
system. This committee in the exer?
cise of this delegated authority en?
gaged Mr. Ludlow, who had recently
planned and supervised the construc?
tion of the sewerage system in Co?
lumbia, and who had a wide experi?
ence in that class of work, to make
the survey. Mr. Ludlow made the sur?
vey, prepared the maps and plans and
presented an estimate of the approxi?
mate cost of the proposed system. For
this work the committee contracted
to pay him the sum of $750, which
v-tas duly paid on order of council up?
on the completion of the survey. It
-was further understood that when the
system should be constructed, that in
the event of the employment of Mr.
Laidlow as the supervising engineer,
Axis $750 paid him for thn survey
should be deducted from the amount
to he paid as commission for super
visfcm.
In. pursuance of this understanding
???cf the matter, the commissioners of
public works, thinking that the city
~was under no obligation to employ
Mr. Ludlow to supervise the construc?
tion of the sewerage system which
"he had planned, if they could make
a more advantageous contract with
some other competent engineer, en
gggvd Mr. C. C. Wilson as supervising
engineer, he having offered to do the
"work for a less commission on the
cost than Mr. Ludlow.
A few days after the engagement of
afr. Wilson was approved by City
Council, Mr. Ludlow notified council
Oat he had a contract to supervise
the construction of the sewerage sys?
tem and would insist upon the con?
tract being carried out by City Coun?
cil. As a result of this correspond- j
?ace Mr. Ludlow came to the ciry ?
yesterday and a special meeting of i
council, at which the commissioners
of public works were present, was
held to confer with Mr. Ludlow.
Mr. Ludlow produced the contract
^pon which he bases his claim. The
contract was signed by the special
sewerage committee above, referred
to. consisting of Aldermen Dick and
Chandler and Dr. S. C. Baker, of the
TBeard of Health- It was not signed,
however,, by *he mayor and clerk.
The contract, \f valid, certainly sus?
tains Mr. Ludlow's claims. He pro?
poses to stard on the contract, and
in the event o fthe commissioners of
public works and council declining to
admit its legality and binding forcf,
j? will, it is said, enter suit 5n the
Federal courts against the city.
At the meeting Tuesday afternoon
no, action was **ken and no decision
has been arrived at, but the question
raised ii. " serious one and it is re?
ceiving the most careful considera
?tion. There are several points in?
volved in the matter, "any one of
which permits a wide difference of j
opinion. It is a qestion as to whether j
or not the special committee had au- '
thority to enter into a contract. It is
also a question as to whether City
Council would have had authority to
enter into a co-.tract of the nature of
the alleged contract with Mr. L"i
low, in view of the provisions of the
act of 1902 providing for the election
of commissioners of public works and
enumerating the powers and duties
of the same.
Disregarding the legal questions of
the case and taking it in a plain mat?
ter of fact way, it cannot be denied
that the complications that have
arisen are to be regretted, both on ac?
count of the litigation in which the
city may be drawn, and on account of
the delay in the construction of the
sewerage system that may result.
ANOTHER COUNCIL MEETING TO
DISCUSS LUDLOW CONTRACT.
Engineer J. L. Ludlow Insists That
His Contract as Desiiming and Con?
struction Engineer is Legal and
Binding-Council Defers Action.
A special meeting of City Council
was held at 8 o'clock Thursday nigh1,
for the purpose of further considering
the claim of Mr. J. L. Ludlow that he
holds a valid contract as "designing
and construction engineer" for the
sewerage system, said contract having
been executed by a committ
council, clothed with lull author:
make a contract on behalf of the
As a matter of information
well to state, by way of parent
in this connection, that the con
tee was appointed at the reques
the Board of Health and other
zens who appeared before counci
urgently requested that some a
be taken preliminary to the insi
tion of a sewerage system. The
ci?e request of these citizens
that a survey of \he city be mai
ascertain definitely the condition:
ist??g aiid the approximate cost
sewerage system. The minutes
the meeting of council state in
plicit terms that the committee
authorized to make a contract
an engineer to make a sewerage su
furnish maps and furnish an
mate of the cost of the construe
of the sewerage system. On
committee Aldermen D. J. Cha:
and George Wi Dick were appoi;
and Dr. S. C. Baker, of the Boar
Health, was requested to serve
the third member. This comm
was appointed in the early par
1903.
When Mayor Boyle called
meeting of council to order Thur
night he stated that the object
the call meeting was to hear the
te?tion of Mr. J. L. Ludlow in
matter of his claim, based upc
contract alleged to have been exe
ed by a committee delegated with
thority from council to select a
signing and construction engineer
the matter of the sewerage systen
Sumter.
Mr. Ludlow rose to a point of
der, saying that he did not un
stand the purpose of the mee tins
be as stated by the mayor, har
fully set forth his position in
meeting of Tuesday, and he sta
also, that he thought that this m
ing of council was called for the i
pose of arriving at some definite
portion of the question, in view
the fact that he believed that cou
was ready and willing to handle
matter in a fair and honorable m
ner, saying that their action
awarding a recent contract to Mr
C. Wilson was purely in error, a
consequence of ignorance of the c
tract executed with him.
Then Mayor Boyle stated that
of council was not present at
meeting on Tuesday, and reques
that Mr. Ludlow go over the grou
of his claim.
Mr. Ludlow then said that Mr.
len Green, of Columbia, who was
counsel, would present his claims. :
Green briefly outlined Mr. Ludio
demands, quoting from the allej
contract, which reads in the mi
bearing on the contention of 1
Ludlow, that he was employed
"designing and construction i
gineer;" that he would "assume z
take responsibl?. charge of the c<
struction pf the works as consult:
engineer, to direct, control and mi
age the work." And that the fee
$750 for preliminary survey was
apply in part payment, of the 10 ]
cent, commission of the whole cost
the construction of the system.
The following letters which pass
between City Clerk Hurst and 2
Ludlow in January of this year w<
read:
(Letter from Mr. Hurst to Mr. Lt
lo?, Jan. 16, 1907.)
"We have not yet reached the sta
where we desire to talk to an enj
neer. Send me your address, and
will write at the proper time. 3
one shall be ahead of you.*'
(Mr. Ludlow to Mr. Hurst, Jan. ]
1907.)
"Whenever the city is ready to ;
ahead I am ready to carry out r
contract to look after the constru
tion of the works and look after i
matters pertaining to letting co:
Uii^t?. which would probably consun
about a month or. six weeks; so if
desires to get the work under way
the early spring it would be necessai
to begin making preparations ve:
soon."
Considerable stress seemed to I
laid oa the fact that council was U
norant of the conditions of the coi
tract and that if a duplicate of ti
co" ract was made its whereabou
were not known.
Mr. Ludlow then proposed that th
Council hear from Dr. Baker. D
Baker said: Some four years ormoi
ago this matter came up and after
Council meeting which I attended
received a letter from the Cler
of Council, under seal of th
city, announcing that I had been ap
pointed on a committee composed c
D. J. Chandler, Geo. Dick and mysel
for the purpose of consulting engi
neers in the matter of the construe
tion of a sewerage system and to ob
tain a survey in order that the publi
at large might be intelligently inform
ed as to actual conditions existing ii
the matter. We were in correspon
dence with a number of engineers
through Mr. Reardon, and, notwith
standing the fact that others had per
sonal friends on this committee, fron
the recommendations from the refer
ence furnished by Mr. Ludlow, it ap
peared to the committee that Mr
Ludlow vas the most competent mai
and the cheapest. After more corres
pondence Mr. Ludlow came to Sumte:
and in a meeting to close the dea
with him the question of the author^
itv of the committee to act arose
Whereupon Mr. Hurst was sent for
and my recollection was that th(
question of authority was settled anc
Mr. Hurst signed the contract as 2
witness. He further stated that ht
believed that the payment of thc
$750 by the City Council under thc
contract was a ratification of the au?
thority of the committee to act. As
ITO the duplicate of the contract he
was under the impression that it was
in the hands of the city and so told
representatives of other engineers.
Dr. Dick's statement coincided with
Dr. Baker, differing only in mino-de?
tails. He also said that he haa re?
peatedly told Mr. A mislead, a repre?
sentative of Mr. Wilson, of
the existence of contraet w:'. h
Mr. Ludlow, which he thought
was binding and he too be?
lieved that the authority to make a
contract was vested in the committee
by Council.
Mr. D. J. Chandler the other mem
ber of the committee is absent from
the city and therefore was n*>t pres?
ent ut the meeting to make a state?
ment of his recollection of the matter.
Health Officer Reardon, who con?
ducted a part of the correspondence
with Mr. Ludlow and other engine-' rs,
for the special committee, also made
a statement coinciding in the main
with the statements of Drs. Baker and
Dick. The question was discussed at
length in open meeting in order to
bring out all possible information,
and council then went into executive
session.
When the meeting adjourned it was
stated that no decision had been
reached and no action would be taken
until further information was obtain?
ed. It was also stated that the meet?
ing had adjourned subject to the cali
of the mayor.
VALUABLE MAIL BAG MISSING.
j Pouch Whose Contents arc Worth
Four Hundred Thousand Dollars
Goes Astray Between New York
and Paris.
Paris, March 20.-An American
mail bag, the contents of which are
valed at approximately $400,000, has
been stolen. The theft occurred either
on board a steamship running be?
tween New York and Havre, or be?
tween Havre and Paris.
The postal authorities have just
placed the affair in the hands of de?
tectives, although the theft occurred
a fortnight ago. A cable inquiry tu
the New York Office brought confirm?
ations of the fact that the mail bag in
question had been embarked at New
York.
The ?am? of the steamer by which
the bag was shipped has not yet been
disclosed. x
BASEBALL.
Organization of a State League Now
Under Way.
As a result of Mr. C. G. Gunter's
trip to the Piedmont section of the
State and letters addressed to men
interested in baseball in Florence,
Camden and Darlington, the pros?
pects for a State league this summer
appear very auspicious.
Spartanburg, Union, Greenville
and Anderson have signified their in?
tention of coming into the league,
and these four cities together with
the three first mentioned and Sumter,
.will send representatives to Columbia
on Tuesday next to try to perfect an
organization. So much interest and
enthusiasm has been manifested in
the project that there is little doubt
but that baseball will be in full blast
by the beginning of May.
Mr. Gunter will manage the Game
Cocks, and knowing his splendid work
with the Camden team last year,
Sumter has every right to figure on
being at the lead of the percentage
column when the season closes.
Sumter will certainly back up the
team, and, if she does in the future
as has always characterized her con?
duct in the past, it will take a pretty
fast bunch to trim the Game Cocks'
wings. :
CHARLOTTE BANK FUNDS SHORT
An Assistant Cashier Accused of
Taking Sixty-eight Thousand Dol?
lars-Left Saturday Night.
Charlotte, 1ST. C., March 20.-Frank
H. Jones, assistant cashier of the
Charlotte National Bank, of this city,
is -missing with $68,000 of the bankte
funds. News of the defalcation was
given out today. Jones left the city
Saturday night, stating to a bank offi?
ci?t that he had an urgent cali to
Richmond. The shortage will not se?
riously inconvenience the bank, as it
has assets of over a million dollars and
the co-operation of all the city banks..
Jones was a member of the First
Presbyterian Church and to an ex?
tent active in church affairs. He
leaves a wife and several children
here. The bank has offered a reward
of $1,000 for his arrest.
LAST CENSUS COTTON REPORT.
It Shows That 13,290,677 Bales Have
Been Ginned.
Washington, March 20.-The final
census report on cotton for the year
issued today shows that 13,290,677
bales of cotton, counting round bales
as half bales, including linters, have
been ginned. The number of active
ginneries this year is 28,720.
The 1906 crop is .compared with
10,725,602 for 1905; and 13,697,310
for 1904. The average gross weight
of the bale for 1906 is 510.7 pounds,
ant. the crop expressed in 500 pound
bales, is 13,576226. The items enter?
ing the totals for the crop of 1906
are 13,099,927 square bales; 266,795
round bales; 57,352 sea island bales;
and 321,160 linters. The quantity of
cotton estimated by ginr.ers and de
linters as remaining to be ginned and
included in the report of 1906 is 155,
704 bales.
GEN. WINT DEAD.
He Was in Command of Army in
Cuba Until Three Weeks Ago.
Philadelphia, Pa., March 21.-Brig?
adier General Theo. J. Wint, U. S. A.,
died today of heart disease. He had
been on duty in Cuba comanding the
United States troops until three weel;s
ago when he was relieved on account
of ill health and ordered here for
treatment.
FIRE AT GAFFNEY.
A Portion of the Star Theatre Was
Burned on Monday.
Gaffney. March li?.-Just aft^r din?
ner today fire was discovered in the
property room at the Star Theatre,
and for some time it seemed that tin
town would b*-* wiped out. Fortunate?
ly the waler was soon got to play on
the fire, which was confined to a part
of the building. The wind was very
high at the time.
NEGRO IX HER ROOM.
Young: Woman at Columbia Awaken?
ed- by Feeling: a Hand on Her
Arm.
Columbia, March 23.-John Rich?
ardson, a young- negro, is in jail here
under the charge of attempting crim?
inal assault. Richardson was em?
ployed in the home of a respectable
family in this city, Xo. 6'J9 Taylor
street, and was allowed to sleep in" the
kitchen. During last night or about
2 o'clock this morning one of the
young ladies of the family, Miss Leila
X'orton, was awakened by the passage
of a hand over her arm and she cried
out in alarm. She was sleeping with
her sister and they soon had the
household awake. The negro escaped
through a window, the means of his
entrance, as a ladder had been placed
against the window. The negro was
suspected, . but he was found on his
pallet, at least feigning sleep, if not
I asleep. The matter was investigated
j before a private hearing before Re?
corder Stanley this morning and the
negro was sent to jail to await trial at
the regular term of court on the
J charge of attempting criminal as?
sault. He is from Sumter and sa3rs he
is about 16 years old, but looks to be
i older. The affair has caused no ex
j citement whatever and was not
, known to many persons in the city
i today.
! The negro' practically confesses his
? -Intuition ,in entering the room and
the situation looks rather dark for
' him.
?You should be very careful of your
bowels when you have a cold. Xear
ly all other cough syrups are consti?
pating, especially those containing
opiates. Kennedy's Laxative Cough
Syrup moves the bowels-contains no
opiates. Conforms to national pure
rood and drugs law. Bears the en?
dorsement of mothers everywhere.
Children like its pleasant taste. Sold
by druggists.
NATIONAL INDEBTEDNESS.
Census Bureau Makes Public Inter?
esting Statistics.
Washington, March 23.-The cen?
sus bureau announced today that the
per capita public indebtedness in
the United States is $35.50. The to?
tal indebtedness, including that of the
national government, State, county,
township, precincts and school dis?
trict debts is $2,729,990,120. For ev?
ery. $2.85 of public indebtedness
there is $100 of national wealth. In
Great Britain the ratio is $10.50 in?
stead of $2.85; in France $14.25;
Italy, $17.36 to $100 of national
wealth. The percentage of increase in
wealth from 1900 to 1904 was unpre?
cedented in this country except from
1850 to 1S60.
No Case on Record.
?There is no case on record o? a
cough or cold resulting in pneumo?
nia or consumption after Foley's Hon?
ey and Tar has been taken, as it will
stop your cough and break up your
cold quickly. Refuse any but the gen?
uine Foley's Honey ard Tar in a yel?
low package. Contains . no opiates
nd is safe and sure. Sibert's Drug
Store.
Auto Crank Breaks Doctor's Arm.
Bennettsville, March 22.-Dr. Kin?
ney's arm was broken yesterday by
an automobile crank which got be?
yond control when starting the ma?
chine.
Tetter, Salt Rheum and Eczema.
?These are diseases for which
Chamberlain's Salve is especially val?
uable. It quickly allays the itching
and smarting and soon ei?ects a cure.
Price, 25 cents. For sale by De
Lorme's Pharmacy.
MORGAN DENIES STORY.
Says He Made No Effort to Have
Railroad Men Visit President
Roosevelt.
Liverpool, March 22.-J. Pierpont
Morgan, who arrived here today, de?
nied that any effort had been made
by him to have American railway
presidents visit Washington for a
personal inspection of the "big
stick."
?Kodol digests what you eat and
quickly overcomes indigestion, which
is a forerunner of dyspepsia. It is
made in strict conformity to the na?
tional pure food and drugs law and
ls sold on a guarantee relief plan.
Sold by druggists.
TWO KILLED IN EXPLOSION.
Prominent Newberry Planter and a
Negro Laborer Meet Instant Death.
Prosperity, March 19.-A terrific
explosion startled this place about
11.45 today. Many ran out of the
stores and offices to find out the
cause of the noise, but nothing un?
usual could be seen. In about 15
minutes a 'phone message came to
Mr. A. M. Lester to the effect that a
boiler belonging to Mr. X. R. Lester,
his brother, who lives near St. Luke's
Church, about five miles from Pros?
perity, had exploded, and that Mr.
Lester and a negro hand had been in?
stantly killed and another negro se?
riously hurt. Mr. Lester was a well
to-do planner and a prominent man
in his community and the church.
Particulars are meagre, as there are
no direct 'phone connections.
Worked Like a Charm.
?Mr. D. X. Walker, editor of that
spicy journal, the Enterprise. Louisa.
Va., says: "I ran a nail in my foot last
week and at once applied Bucklen's
Arnica Salve. Xo inflammation fol?
lowed; the salve sin;ply healed the
wound." Heals every sore, torn and
skin disease. Guaranteed at ?iberf*
Drug Store.
SEVES YEARS FOR TOWNSEND.
Tlic Negro Prnsion Agent Swindler
Plead Guilty and Receives Sen?
tence.
Charleston, March 21.-'George
Townsend, who is regarded by pen?
sion officials as one of the shrewdest
men with which the department has
ever had to deal, entered a plea of
guilty in the United States circuit
court yesterday to the seven indict?
ments brought against him, and was
sentenced by Judge Brawley to seven
years in the federal prison in Atlanta.
Do Not Crowd the Season.
?The first- warm days of spring
bring with them a desire to get out
and enjoy the exhilirating air and
sunshine. Children that have been
housed up all winter are brought out
and you wonder where they all came
from. The heavy winter cloth?
ing is thrown asiae and many shed
cheir flannels. Then a cold wave
comes and people say that grip is
epidemic. Colds at this season are
even more dangerous than in mid?
winter, as there is much more dan?
ger of pneumonia. Take Chamber?
lain'^ Cough Remedy, however, and
you will have nothing to fear. It al?
ways cures, and we have never known \
a cold to result in pneumonia when
it was used. It is pleasant and safe
to take. Children like it. For sale
by DeLorme's Pharmacy.
Mr. M. M. Hamelreth, a northern
visitor in Columbia was assaluted and
robbed of $37, his shoes and coat on
Green street, that city, Tuesday night.
How to Remain Young,
*To continue young in health and
strength, do as Mrs. N. F. Rowan, Mc
Donough, Ga., ?id. She ays: "Three
bottles of Electric Bitters cured me
of chronic liver and stomach trouble,
complicated with such an unhealthy
condition of the blood that my skin
turned red as flannel. I -am now
practically 20 years younger ihan be?
fore I took Electric Bitters. I can
now do all my work with ease and as
sist in my husband's store." Guaran?
teed at Sibert's Drug Store.
ROOSEVELT TO SPEAK.
The Address at the Opening of James?
town Exposition Will be Import?
ant.
Washington, March 20.-April 2S
President Roosevelt will make a
speech at the opening of the James?
town Exposition. It is his present
plan to make a few remarks pertinent
to the railroad situation saying either
nev.- things or old things in a new
way. It is pretty certain that Wall
stree will again become "jumpy."
The railroad investigation is over,,
but still none of them know why a
car window will never go up nor a
shade down.-Baltimore Sun.
FOR SALE-At Hagood, S. C., 10O
acres of land that brings ove** a bale
of cotton to the acre. Address,
Miss Emmie Saunders, Hagood, S.
C. 10-17-tf
FOR SALE.
A LARGE QUANTITY OF DRAWN
SHINGLES AND BRICK, DELTVED
ED AT DALZELL, S. C.
FOR PRICES, ADDRESS OR AP?
PLY TO
DALZELL MERCANTILE CO., ..
1-23-tf Dalzell, S. C.
60 YEARS*
EXPERIENCE
TRADE MARKS
DESIGNS
, COPYRIGHTS &C
Anyone sending a sketch and description may
quickly ascertain oar opinion free whether art
invention is probably patentable. Commnnica
tionfl strictly confidential. HANDBOOK on Patents
sent free. Oldest agency for securtngj?atents.
Patents taken thrown Munn & Co. receive
special notice, without charge, ia the /
Scientific Bnerican.
A handsomely illustrated weekly. Lanrest cir?
culation of any scientific journal. Terms, 53 a
year ; four months, |L Sold by all newsdealers.
MUNN & CG.3610"?*^-New York
Branca Offloe, SK F St, Washington, D. C._
PURE LIQUORS.
If you want pure LIQUORS
why not order from
J. D. HILLS, Wadesboro, N. C.
The following are a few braids from iny large and carefully
selected stock :
Old Harvest Com Whiskey. ...
W. W. Cooper's Laurel Valley Corn Whiskey,
Old Dixie Corn Whiskey, - -
100 proof, Pride of N. C. Corn Whiskey,
( 100 Mills Lilly White Corn Whiskey, - - -
' New North Carolina Corn whiskey, 125140 and
90 proof, Pride of Davie Corn Whiskey,
Rose Valley Rye Whiskey, (5 years old)
J. W. Harper s Rye Whiskey (5 years old) -
Jefferson Club Rye Whiskey,' - -
Pimlico Clo b Rye Whiskey, -
Old Heniy Rye Whiskey. -
Rock Bridge Rye Whiskey, -
Apple and Peach Brandy (3 years old)
Apple and Peach Brandy (5 years old) - -
Holland and other gins from $1.50 to
Also a large stock of fine case goods, Wines and
charges from Wadesboro to Sumter are less than from
other North Carolina point.
The above goods are guaranteed under the National
Act of Jone 30, 1906,
$3 00 per gallon
2 50 per gallon
2 00 per gallon
2 00 per gallon
2 00 per gallon
1 50 per gallon
1 50 per gallon
3 50 per gallon
4 00 per gallon
4 00 per gallon
4 00 per gallon
3 00 per gallon
1 50 per gallon
2 50 per gallon
3 50 per gallon
3 50 per gallon
Export Beers. Express
Georgia pointe or any
Pure Food and Drug
I I)
j. u.
Feb 25-tf
GEO. P. McKAGEN. Traveling Representative,
SUMTER, S. C.
Attention, Farmers
We make a specialty of insuring
COTTON GINS, (system and old
style,) COTTON at gins and COT?
TON ON PLANTATIONS. See us
for rates, before insuring.
116 Sumter Insurance Agency, Agents.
No. 10 N. Main Street, Sumter, S. C.
The weight per rod and size of wire must be
taken into consideration ; also the CONSTRTJC
tion of the FENCE.
Heavy wires and the best galvanizing are
always used on the AMERICAN, and the quan?
tity already in service on farms is good evi?
dence of its merit.
The HINGE JOINT on the American allows
for CONTRACTION and EXPANSION, to with?
stand sudden and severe pressure from contact
with animals, without bendings stays, the fence
springing back to place the instant pressure
is removed.
The most secure, lasting fence is the AMER?
ICAN. Sold by
CAROLINA HARDWARE CO.