The Salt Lake Herald

REFERRED TO HOGE
THE 'SAG IN THE GRAVITY SEWER DISPOSED OF.

After Taking Testimony in the Matter the Board of Public Works Holds an Executive Session and Refers the Matter to Judge Hoge—Disposal of the Sewage From the Sewer Also Turned Over to the Legal Department of the City.

The board of public works wrestled with the question of repairing the sag in the gravity sewer, on the fill north of the Warm Springs, yesterday afternoon. The question is who shall make the repairs, the city or the contractors. Contractors Hobson, Wilkerson and Morris were present, represented by Attorney Van Cott. All the members of the board were on hand except Mr. Caine, who is out of the city. The contractors claim they are not responsible for the damage because they called the attention of the city engineer, Mr. Doremus, to the fact that the bottom ought to be piled before the concrete was laid, in this particular spot, the ground being soft and mucky. In order to corroborate this statement witnesses were called, among them being the former chairman of the board, C. L. Haines. Mr. Haines' memory was defective on the essential points involved and not much light was obtained from his evidence. Councilman Heiss, who was examined also furnished very little important fact for the board to consider. Sam Rhodes, a foreman for the contractors, testified that he heard a part of a conversation between the engineer and the contractors in which the former ordered some planking done in the place mentioned. Hobson was emphatic in saying he acted under the advice and direction of the engineer. Who else could have been responsible? The engineer gave the grade stakes and they were never set unless that officer was satisfied. The contractors could not do work without stakes and it was prima facie evidence that the engineer was responsible, the fact of the work having been done. The chairman of the board, who was city engineer at the time, was not positive on any points in the matter, but thought he remembered something in relation to the planking mentioned. This was the gist of the testimony. As a matter of fact there is a legal question involved in the case which will have to be solved and with that end in view, the board, after an executive session decided to refer the whole subject to the attorney with the evidence, for an opinion. The cost of repairing the sag if done correctly and in accordance with the specifications, will be in the neighborhood of $10,000, so it will be seen that both the contractors and the city have considerable at stake. The contractors will stand a suit before making the repairs. The city engineer called the attention of the board to the fact that as yet there has been nothing done in the way of looking for bids for the dip disposal of the sewage from the gravity outlet, when the same shall have been completed, and made a few suggestions in that direction. This matter was also referred to the attorney for an opinion and will be taken up at the next meeting of the board.