HIGHWAY COMMISSION MEETS ONCE IN OCTOBER

The Arizona State Highway Commission met in regular session in their offices in the Highway Building October 5, 1931, at 10:00 A. M. Those present were: Chairman Addams, Vice-Chairman Hart, Commissioners Barth and Mansfield, also State Engineer, Secretary and Mr. Riney B. Salmon, Assistant Attorney General. Commissioner Trengove was excused.

It was regularly moved by Commissioner Barth, seconded by Commissioner Hart and unanimously carried that the official minutes of August 17, 1931, be approved.

Mr. H. S. Dick, who had asked to appear before the Commission, was present with a delegation of farmers from the Salt River Valley. Mr. Dick stated he had asked Mr. D. B. Wiley of the Maricopa County Farm Bureau to be spokesman for him. Mr. Wiley stated he first wanted to comment on the efficiency of the Highway Patrol. That he believed they were doing an excellent work and were enforcing the motor vehicle laws of the state in an excellent manner. The fact that the State did have a means of enforcing the motor vehicle laws had brought up one question which was vitally effecting the farmers of the Salt River Valley. That the Ninth Legislature had passed a law regarding a tax on trailers used on the highway. This law was a direct hardship on the farmers inasmuch as it compelled the farmer who occassionally used a trailer to haul a farm animal to market, or a load of cotton, to pay the same tax on his trailer as was intended by the Legislature to be charged for the commercial use of the trailer on the highway. Mr. Wiley stated they had attempted to amend this law in the Tenth Legislature to where the farmers would be taxed according to the use the farmer made of his trailer, that the farmer is using a trailer to transport his live stock or farm equipment was in reality saving wear on the highway and helping general traffic conditions as driving live stock on the highway was a slow and dangerous method in these days. However, all the farmers felt that to pay a full year's license fee and taxes imposed on their trailers made the cost prohibitive to them in the use of the trailer in this limited way.

Going Back to Wagons

Mr. Robert Lowe, a Salt River Valley Farmer, stated he had a trailer which he had used about 50 miles this year. That he believed a wagon and team does much more damage to the highway than a trailer and that the farmers would have to start using wagons in place of trailers if they have to pay a tax on their trailers.

than a trailer and that the farmers would have to start using wagons in place of trailers if they have to pay a tax on their trailers.

Mr. W. W. Bradshaw, who stated he was a small farmer, stated he had a trailer which he used one day a month and a truck which he uses all year. That he pays taxes on this truck and does not object to it, but that it seemed to him farmers who had bonded themselves to build the roads in this valley ought to protest at being taxed for the time which their trailers stood in their yards which in his case was all the time excepting two days a month.

Chairman Addams asked if it wasn't a farmer who introduced this bill. Attorney Salmon stated, "I think it was. However, the bill, as I see it, wasn't meant to be on farm vehicles. The amendment did that to it." Mr. Wiley stated a bill was introduced in the last Legislature to correct this temporary use of farm trailers but when it came up, the bill as finally introduced made a clean sweep and was killed because, as it stood then, they wanted to exclude all trailers from tax. The intention of the farmers' amendment to the bill was to allow the farmers to take out a license and pay tax for the length of time the trailer was to be used. Mr. Mansfield stated the farmers' intention was to pay a tax for 60 days out of the year, or one-sixth of the tax. Mr. Wiley stated the delegation only wanted to know if there was anything the Commission could do in this matter. Attorney Salmon stated he recognized the problem of the farmers but the law required the payment of all taxes prior to licenses. That the Commission could do nothing. Superintendent Hall of the Highway Patrol stated that, inasmuch as the duties of the patrol are set up for them by the Legislature, they were endeavoring to enforce this law as much as possible and that in upholding the law, the patrolmen must cite all cases found in violation of the law.

Wagons Not Trailers

Mr. Elmer Parker, another farmer, asked if they were allowed to take a wagon on the highway hitched behind their car. Attorney Salmon stated "Yes, at a reduced speed of six miles an hour." Mr. Parker stated that the law would force the farmers to use wagons instead of trailers. Mr. Lowe stated he could not understand why a wagon could be used when a trailer saves the highways and expense for himself.

Mr. Dick asked if the patrolmen could not overlook the farmers in this emergency. Attorney Salmon stated the law was plain and that no change had been made since 1927 and in that respect the motor vehicle division was powerless to make any exceptions. Chairman Addams said, "That considering the opinion of the Attorney General, if the Commission met with the farmers to work something out they would be violating the law." Mr. Wiley asked if Mr. Whitworth would meet with the farmers. Chairman Addams stated, "Mr. Wiley has suggested that Mr. Whitworth meet with them, I will entertain a motion." Commissioner Barth made the motion that Mr. Whitworth meet with these farmers and attempt to work out a plan. The motion was seconded by Commissioner Hart and unanimously carried.

not overlook the farmers in this emergency. Attorney Salmon stated the law was plain and that no change had been made since 1927 and in that respect the motor vehicle division was powerless to make any exceptions. Chairman Addams said, "That considering the opinion of the Attorney General, if the Commission met with the farmers to work something out they would be violating the law." Mr. Wiley asked if Mr. Whitworth would meet with the farmers. Chairman Addams stated, "Mr. Wiley has suggested that Mr. Whitworth meet with them, I will entertain a motion." Commissioner Barth made the motion that Mr. Whitworth meet with these farmers and attempt to work out a plan. The motion was seconded by Commissioner Hart and unanimously carried.

The next order of business was the awarding of contracts. The State Engineer recommended that the contract on the Globe-Safford Highway, F. A. P. No. 87-E be awarded to the low bidder, Dudley Stone Products Company in the amount of $15,158.22.

Commissioner Mansfield inquired if the Dudley Stone Products Company had ever done a job for the State Highway Department. The State Engineer stated "No, this is a new outfit." Commissioner Mansfield suggested the Commission look up the financial standing as they bid twenty-five per cent under the estimate. Mr. O'Connell stated he did not know them. While the financial statement was being checked, the Commission proceeded with the next contract.

The State Engineer recommended that contract on the Prescott-Phoenix Highway, F. A. P. No. 72-A, be awarded to the low bidder, Packard and Tanner, Phoenix, Arizona, stating they had qualified and were responsible bidders. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth and unanimously carried, that the contract on the Prescott-Phoenix Highway, F. A. P. No. 72-A, be awarded to the low bidder, Packard and Tanner, Phoenix, in the amount of $27,771.72, which does not include 10% for engineering and contingencies, provided, said contractor meets all requirements including the employment of local Arizona Citizens, pays a minimum wage of $4.00 per day for laborers, furnishes good and sufficient bond, and, provided further, that requirements of bond include the payment of total amount of damages the State may sustain by reason of the contractor failing to complete the contract within the time limits as

ARIZONA HIGHWAYS

provided for. The State Engineer was authorized to sign said contract.

Sell Obsolete Graders

The Secretary brought to the attention of the Commission that two Wehr Graders, equipment number 183 and 184, obsolete equipment, stored in the Phoenix yards, had been advertised for bids. That the Commission had been polled as to their opinion for the sale of them and, although the approval of the high bids had been received from a majority of the Commission, Attorney Salmon had ruled it was irregular to sell them except in open meeting. Since that time, the bid of Mr. Hartman, who was high on Grader No. 184, had been withdrawn because of the delay in making the award. Commissioner Mansfield suggested that the graders be awarded to the highest combination of bids. State Engineer O'Connell stated "Anything over $100 is a good deal." It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried that the Wehr Graders be sold separately to the highest bidders; namely, Item No. 1, Grader No. 183, Jules Vermeersch, Phoenix, in the amount of $101.99; Item No. 2, Grader No. 184, Heinie's Auto Wrecking Company, Phoenix, in the amount of $105.50.

The Secretary presented a resolution requested by Marks and Marks, Attorneys, granting permission to the Phoenix Firestone Service Incorporated to sue in the name of the State Heitsch and Bitten, contractors on Federal Aid Project No. 86-C and Non-Federal Aid 25-A and Federal Aid Project 86-E. The Secretary stated he had taken this request up with the Attorney General's office and had asked the attorneys for the Firestone Service Incorporated to furnish further facts of the case to determine whether the Commission should grant their request or not.

Chairman Addams asked the advice of Attorney Salmon. Attorney Salmon stated, "Mr. Comparet raised this question when the Commission grants this suit in the name of the State to the Bonding Company. This suit is over tires sold to a contractor. The bonding company would not be responsible if these tires were used on some other project. We must determine if the bonding company is responsible for accounts preceding judgment against contractor and to determine whether proper claim can be started against the bonding company. If the Commission wants to grant the right for suit in the name of the State, they can do so but we can not judge this claim from the information furnished us."

It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried, that the Commission do not pass this resolution giving Phoenix Firestone Service, Inc., permission to sue Heitsch and Bitten and their bondsmen in the name of the State.

Contract Awarded

State Engineer stated he had examined the financial statement of the Dudley Stone Products Company and was satisfied. Chairman Addams made the suggestion that time would probably be saved in awarding the contracts if the financial statement of the lowest bidder was laid before the Commission at the time of awarding contracts.

On the recommendation of the State Engineer that the contract on the Globe-Safford Highway, F. A. P. No. 87-E, be awarded to the low bidder, Dudley Stone Products Company, El Paso, Texas, it was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried, that the recommendation of the State Engineer be approved and the contract on the Globe-Safford Highway, F. A. P. 87-E, be awarded to the low bidder, Dudley Stone Products Company, El Paso, Texas, in the amount of $15,158.22, which does not include 10% for engineering and contingencies, provided, said contractor meets all requirements including the employment of local Arizona Citizens, pays a minimum wage of $4.00 per day for laborers, furnishes good and sufficient bond, and, provided further, that requirements of bond include the payment of total amount of damages the State may sustain by reason of the contractor failing to complete the contract within the time limits as provided for. The State Engineer was authorized to sign said contract.

The State Engineer brought to the attention of the Commission that the Canion and Francis bid had been in error in the bidding on concrete, the bid being 22c, whereas the estimate on this work was $22.00. Inasmuch as the bid would have been low at 22c and was completely out of line, it was thrown out. Mr. Hatcher requested permission to return the check of Canion and Francis which he was still holding. Mr. Addams turned the chair over to Vice-Chairman Hart and moved that the Canion and Francis check be refunded. Commissioner Mansfield seconded the motion and it was unanimously carried.

Investigate Suit Request

The Secretary presented a resolution requested by Attorney Mat Walton granting permission to the Arizona Tractor and Equipment Company to sue Heitsch and Bitten and their bondsmen in the name of the State for rental of equipment used on the Tucson-Nogales Highway, A. F. E. No. 642 and 8904. Commissioner Mansfield asked if this project was a 17 mile stretch of oil. Mr. Hatcher stated he did not know much about the claim except that there was a controversy between Bales and Frederickson and the Arizona Tractor Company, stating the bonding company would hardly be responsible if this were not used as stated, on a rental basis. Chairman Addams inquired if this case did not parallel the other case just passed upon. Attorney Salmon stated he believed the purchase price or the rental basis covered the actual value for the use of the equipment for this construction. Attorney Salmon recommended the request be delayed until the Attorney could appear before the Commission.

Mr. Hatcher stated he often wondered why vendors did not prosecute the contractors who had signed affidavits that all just claims had been paid before final settlement was made by the State. Commissioner Mansfield stated he could not understand why these claims were so late in coming in as this job had been finished for so many months. Commissioner Mansfield stated that all bills should be looked into before final settlement is made with the contractors, that it appeared to him the vendors sell the contractor equipment and then failed to put their claim in before the State paid the final settlement and then wanted to use the State to bring suit against the contracor and his bondsmen. It was decided to delay action on the request until afternoon.

It was brought up by the Secretary that the Commission at their former meeting had instructed the State Engineer to let the contract for the 1932 motor vehicle license plates upon telegraphic confirmation from the Commissioners so as not to delay the making of the plates and cause the extra expense of a commission meeting for that purpose. That telegraphic confirmation had been received from all of the Commissioners for the letting of the contract to the Kittle Manufacturing Company but that, inasmuch as Attorney Salmon had ruled this was illegal, he believed the matter should be brought up for confirmation. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and unanimously carried that the Commission ratifies the contract for making the 1932 motor vehicle plates to By A. H. LIND, Superintendent of Equipment

Keeping Check On State Equipment Saves Tax Dollars

Keeping tabs on all the equipment a state highway department uses in the construction and maintenance of over 2600 miles of highway involves much more than a cardex filing system, although I will admit that such a system is indispensable in the keeping of the records. The Arizona Highway department has some four hundred trucks and cars of all types and description. Besides these there are 56 tractors in operation, 30 rotary fresnos, 120 trailers of many different types, 170 motor graders, 80 pull graders and all the miscellaneous equipment that goes with construction work from cook wagons to jackhammers.

It is the duty of the superintendent of equipment to see that the equipment is available to do the work needed. When a crew calls for the machines necessary to do a work, whether it has been a planned job or whether it is to meet an emergency, it is up to the equipment department to produce it.

We must know at all times where every piece of equipment is located, in what state of repair it is and whether it is busy or idle. Our records must be kept so that every job a piece of equipment does its rental time is correctly charged to that project.

Mechanical and physical inspections must constantly be made by the superintendent to determine the condition of all this equipment and its adaptability to the work it is being used on. Often a foreman is using a piece of equipment because he has it that is causing his job money, when by transferring the piece in question to another project in exchange for some piece of equipment better suited to his job will make money for both projects. By keeping close tab the equipment superintendent thus often saves the construction or maintenance department money.

By a careful check of the equipment during the last three months we have been able to transfer seven rotary fres-nos and five motor graders from projects on which they were idle most of the time to other projects on which they were needed for full time work, thus effecting a saving to the department of many thousand dollars as new equipment would have had to be purchased had we not known of equipment that was not operating to its full capacity.

The Kittle Manufacturing Company in Salmon stated, "$120,000." State Engi-neer O'Connell stated, "The value of the On the recommendation of the State bridge site is $131,000 and the value Engineer, the telegraphic approval of of the right of way $66,000, leaving Commissioners Barth, Hart and Mans$165,000 as the value of the bridge. We field, and the personal approval of Chairhave an investment between two states man Addams, the contract for building of $165,000 worth of bridge not including Lowell School bridge and overpass was the right of way and site, and it is awarded to C. T. Clam in the amount covered only by $120,000 insurance. Until next April the danger is over from floods." Chairman Addams stated, "We All Employes Insurable are shy $40,000." Commissioner MansThe Secretary brought to the attenfield asked the State Engineer if he tion of the Commission the Attorney didn't believe in the protection of the General was to get an opinion as to bridge or other state property at all whether those members of the State times. It was regularly moved by ComHighway Department drawing over missioner Addams, seconded by Commis$2,400.00 a year were entitled to Indussioner Barth and unanimously carried, trial Insurance. Attorney Salmon stated that additional insurance be placed on it was his opinion that, "Anyone drawthe bridge so as to have full coverage ing over $2,400.00 is not entitled to inof Arizona's equity in the bridge. Chairsurance, the law (1419 RCA 28 1425) man Addams resumed the chair. any person drawing over $2,400 per year is not entitled to be carried in this inThe Secretary brought up the unfinsurance. Chairman Addams inquired as ished business of bonding motor vehicle to what was the legal status on other fuel distributors. Chairman Addams officials. Attorney Salmon stated, "This asked Motor Vehicle Superintendent applies to any person who has sover Whitworth to explain the situation as to eignty of State." Chairman Addams inthe collection of motor vehicle fuel taxes. quired, "What is a District Engineer?" Commissioner Mansfield stated he beMr. Salmon stated he had taken this lieved there should be a departmental matter up with the Industrial Commisruling that all distributors be required sion and they were anxious to take it to furnish bond in the State, and that up; thus, his conclusion it does not he was ready to make a motion at this cover those persons. Inquiry was made time to get a bond from all gas vendors. concerning the various Foremen, Chief Chairman Addams asked, "Is there anyClerks and so forth of the Department. thing that can cover the law to that Chairman Addams turned the chair over effect?" Attorney Salmon asked, "To the to Vice-Chairman Hart. It was regularly effect that a bond might be required by moved by Commissioner Addams, secthe distributor." Commissioner Mansonded by Commissioner Barth and unanifield stated, "There is nothing that says mously carried, that the Attorney Genwe cannot and I make a motion that eral be instructed to take every employe the Motor Vehicle Department be notion the State Highway payroll and scrufied that all distributors of motor vetinize the payroll and designate those hicle fuel be required to furnish a bond who come under the Industrial Insurance protecting state money colleced." Comlaw. Commissioner Addams resumed the missioner Hart seconded the motion chair. which was unanimously carried. The Secretary brought up the matter It was regularly moved by Commisof insurance on the Ehrenberg-Blythe sioner Mansfield, seconded by Commisbridge, stating that in purchasing the sioner Hart and unanimously carried that bridge we had taken out an additional the Commission recess from 12:05 P. M., $40,000 policy to September 1st, at which October 5, 1931 to reconvene at 2:00 time this additional insurance expired. P. M. The State Engineer stated the written policy which Arizona and California had The Commission reconvened at 2:05 insisted be placed on the bridge by the P. M., October 5, 1931, all members presbridge company was in the amount of ent except Commissioner Trengove ex$120,000 the first year extending from cused. April, 1931 to April, 1932; $80,000. from April, 1932 to April, 1933 and $40,000. U. S. 66 Delegation Appears from April, 1933 to April, 1934. ChairA delegation representing. U. S. Highman Addams asked Vice-Chairman Hart way 66 Association in Arizona waited on to take the chair, stating "The situation the Commission relative to construction is we have paid $115,000 for our porwork on U. S. 66 as contained in the tion of the bridge. We are covered budget for the Twelfth Fiscal Year. Mr. by insurance for how much?" Attorney Carmel Giragi of Winslow was the first

Highway Commission

(Continued From Page 13) spokesman for the delegation stating they appeared before the Commission relative to construction on U. S. 66 and that the delegation had three speakers to present; Mr. J. B. Wright, Karl Hudson and Senator J. Hubert Smith of Mohave County.

Mr. Wright, the first spokesman, reviewed the construction that had taken place thus far on U. S. 66 from its conception, pointing out that most of the improvement done on this highway had been done with money furnished by the four northern counties and calling attention to the Commission that this was one of the widely used transcontinental highways and there were several critical points that badly needed improvement; namely, the section from Gold Roads to Oatman and Kingman between Ash Fork and Flagstaff and Winslow and Holbrook. State Engineer O'Connell stated the Department was now working on plans to improve portions of U. S. 66; that since they had federal aid to match, this work would be started immediately. He also stated there is $100,000 of forestry money to be matched with state funds for Ash Fork Hill to start in 1933 and the Department intends to start work from Kingman in the near future. Chairman Addams stated, "That work will start within the next six weeks." Mr. Karl Hudson, the next speaker, stated he was gratified to know the Department had plans for the Carrizo project as he knew of nine serious accidents on those bridges where people had been killed and injured. Mr. Hudson confined himself to analyzing the expenditures set up in the present budget and stated his delegation was interested in knowing whether the work would be started on the projects set up in this year's budget, or whether they would be carried forward into the next year's budget as had been done several times previously.

Senator Smith stated that all the delegates present representing U. S. 66 Association were interested in U. S. 66 as a whole and believed this highway was a big asset to the State as a whole and, as an Association, they were interested in bringing U. S. 66 to the highest possible standard in the earliest possible time. Senator Smith also asked, "Is it possible for you to say that the budget, as now outlined will be carried out that way? We would like to be able to go before our people with a favorable reply." Commissioner Barth stated he would like to assure Senator Smith and THAT canned tomatoes are both food and drink.

THAT the vernier and lower clamp springs become weak with use, causing an instrument to creep, and that they should be removed and stretched occasionally.

THAT a plumb bob can be quieted by tapping the plumb line with his finger.

THAT the boss does not approve of using the toe of the rodman's boot for a T. P.

the delegation that, as one member of the Commission, he was one hundred per cent for them and thought the Commission should go on record as saying these projects would be completed as outlined in the budget. Chairman Addams asked Vice-Chairman Hart to take the chair.

Work 'To Be Carried On

Commissioner Addams asked the State Engineer, "Is there any reason why, at the present time, the budget as outlined by the Commission should not be carried out as outlined?" The State Engineer stated, "Nothing at present." Commissioner Addams asked, "There are no projects that we cannot carry out?" State Engineer O'Connel replied, "They can be started but not carried out in this budget." Mr. E. E. McNamara, one of the delegates, stated, "One of the primary things important to the residents of Northern Arizona is to assure them that those projects will be started." Mr. Jesse Boyce stated that he would like to call the attention that certain prom-ises had been made for U. S. 66 and if any way possible, he would like to have the department complete the projects 82-A and 82B so that instead of crossing nine tracks at Williams, an overpass could be built to prevent it. State Engineer O'Connell stated the Department was working with the railroad on plans for this overpass; that the plans had been approved by the Bureau of Public Roads and as soon as the railroad approved them the Department would start work on this project. Commissioner Mansfield stated, "Mr. Hudson's remarks about people on 66 having projects carried over reminds me that I get those same remarks from the South. One of our projects is still a carry over. Personally, as far as my attitude is concerned, I would like to see your projects carried on as well as our own." Commissioner Hart stated, "Since this money was budgeted for 66, I feel as Mr. Barth, that it should be put on as soon as the Engineers can get to it and the same about the Southern routes." Commissioner Addams resumed the chair.

Mr. Mat Walton, Attorney, appeared asking consideration of the resolution granting the Arizona Tractor and Equipment Company permission to sue the firm of Heitsch and Bitten and their bondsmen in the name of the State. Attorney Salmon asked Mr. Walton if the $4,000 represented in the contract of the Arizona Tractor and Equipment Company was rental of equipment. Mr. Walton stated Heitsch and Bitten promised to pay that amount for rental. Chairman Addams asked, "For rental or direct purchase?" Mr. Walton replied, "For rental." Chairman Addams asked ViceChairman Hart to take the chair and inquired if this $4,000 for rental of equipment on the road was promised direct to the Arizona Tractor and Equipment Company and not to Bales and Frederickson. Mr. Walton produced the original letter and promised to furnish the Commission with a copy for their records. Commissioner Mansfield wished to know if a claim had been presented for this rental before final settlement had been made by the contractor. Mr. Hatcher stated he thought the claim had been brought up after the final estimate was taken, but would look and see if he had any record showing the date. Chairman Addams suggested while waiting for information the resolution for transferring of funds be taken up.

the Commission then took under consideration the question of adequate bond for Mr. Hatcher. State Engineer stated Mr. Hatcher had the signing of payrolls and checks when Mr. Small and himself were out of town. Commissioner Mansfield moved the bond of Mr. Hatcher be fixed at $50,000, equivalent to the others handling money in like capacity. The motion was seconded by Commissioner Hart and unanimously car-ried. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and unanimously carried that authority be given to Mr. Hatcher to sign with the Bureau of Public Roads.

Mr. Hatcher appeared before the Commission again and stated he found in his file a bill from the Arizona Tractor

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Arizona Tractor and Equipment Company against Heitsch and Bitten dated July 22 and the affidavit of Heitsch and Bitten was drawn on July 17. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth and unanimously carried that the resolution granting permission to the Arizona Tractor and Equipment Company to sue Heitsch and Bitten and their bondsmen in the name of the State be adopted.

Commissioner Mansfield requested the Department to keep the Commission informed as to the contracts on which affidavits are filed so the Commission Attorney Salmon filed a report with the Commission concerning his investigation of the claim of Mrs. Sadie Richardson, as presented by Mrs. Mary Con-over, for compensation on account of the alleged taking of certain lands for high-way purposes and alleged damages occasioned to lands of hers by the im-provement of the State highway through Duncan. Chairman Addams asked Attorney Salmon, in his opinion, what of-fer should be made the claimant. Attorney Salmon replied that he had asked several people and they had suggested $100.00. It was regularly moved by Com-missioner Mansfield, seconded by Com-missioner Barth and unanimously carried, that Mrs. Sadie Richardson be of-fered $100.00 as compensation in full for land and alleged damages.

Agreements Are Sanctioned

The State Engineer presented an agreement between the State of Arizona and the City of Nogales for paving from the end of the present paving on the State Highway to connect with the pavement in the City of Nogales, The Secretary was requested to read the resolution. The State Engineer stated he desired to change the part of the agreement concerning the engineer. Commissioner Mansfield inquired if they had placed the money. The State Engineer stated, “The City of Nogales will pay after the completion of the work by improvement bonds and with surplus City money.” The State Engineer said, “The Department does not pay the State’s share of the paving until after completion of contract, when the Department would deduct the engineering fee and pay the City of Nogales the remainder.” It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried, that the State Engineer be empowered to enter into an agreement with the City of Nogales for sharing in the pavement from the end of the State Highway to connect with the paving of the City of Nogales.

ARIZONA HIGHWAYS

The Commission next took up plans for a safety campaign. Mr. T. L. Roberts, an employee on the staff of the Santa Fe Railroad engaged in safety work, was present and was asked to address the Commission. Mr. Roberts first requested the Secretary to outline what the Commission had done in this respect. Mr. E. V. Miller, Engineer of Plans, who had also been co-operating on the safety campaign, outlined the plans of the Commission as far as they had gone. Mr. Roberts then told of the past 20 years efforts on the part of the Santa Fe railroad to promote safety and reduce accidents on the railroad and in all departments of the railroad, and of the wonderful results these efforts had obtained. He, also, stated he believed if the Highway Commission would form a plan of safety work which could be carried on over all the State, that it would materially help in lessening the accidents, and that he would give the Commission any co-operation which they desired in helping them get such a work under way.

Mr. J. C. Goodfellow, interested in safety work on the Southern Pacific Railroad, headquarters in Tucson, was present and outlined with considerable detail the efforts the Southern Pacific Railroad had made over a number of years in reducing accidents of all kinds in their shops and on the railroad. He expressed his desire to give the Commission co-operation in the formulating and conducting of a State wide campaign and stated he believed such work should be a part of the Highway Department's duties and he felt certain if the Commission continuously worked along a safety line like the railroads had been doing for a number of years, it would result in a great reduction of traffic ac-cidents throughout the State.

Mr. E. E. McCarty, Superintendent of the Arizona Division of the Santa Fe Railroad, also spoke before the Commission and stated he felt sure a very efficient safety organization could be organized in this State without a great amount of expense and that by drawing upon the National Safety Council, ex-cellent material could be gotten by the Highway Department for carrying on such a campaign. That he believed the people would give freely of their time to carry on in behalf of such a worthy cause. Like Mr. Roberts, Mr. McCarthy stated he would be glad to give time and help as much as the Santa Fe Rail-road was able.

Chairman Addams thanked the three gentlemen for appearing before the Commission and assured them that theCommission would go on record for a safety campaign to see if some specific plan can be worked out.

NOVEMBER, 1931

“To All Mr. Hatcher presented the following resolution which he requested the Com-mission to adopt so that it might be sent to all the Chambers of Commerce, Credit Men and Trade Associations in the State in an effort to stop the prac-tice of giving unlimited credit to persons engaged in highway work or employed in highway work by the contractors and then attempting to make the State High-way Department a collection agency for their bills.

“CREDIT ASSOCIATIONS And

“CHAMBERS OF COMMERCE:

“During the last year the Arizona Highway Department has been deluged with requests and demands for payment of accounts owed by contractors, sub-contractors and their employees. The Arizona Highway Department is not responsible for these accounts, but is willing to do everything in its power to protect all creditors, but this power is limited. A bond filed by the general contractor with the Department covers all labor, material, provisions and supplies that actually go into the construction of any highway and the Department demands affidavits to the effect that all these accounts are paid before making final settlement with the contractors.” “The Department would like to suggest that you inform the citizens and merchants of your community that they use the same discretion when selling contractors, sub-contractors and their employees that they use in selling any other person.” It was regularly moved by Commissioner Barth, seconded by Commissioner Hart and unanimously carried, that the resolution be adopted.

The State Engineer presented an agreement between the State of Arizona and the City of Globe for the widening of two bridges located on Broad Street in the City of Globe.

Commissioner Mansfield inquired of Attorney Salmon, “Can the Commission compel the City of Globe to live up to this agreement? What about the expiration of their offices?” Attorney Salmon stated their terms of office would not expire before then and he believed the agreement could be enforced. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and unanimously carried, that the agreement executed by the City of Globe be approved.

The Secretary read a report from Percy Jones, Jr., regarding an alternate route for a portion of the proposed GlobeShowlow Highway through Lakeside instead of Showlow and a letter from Mr. C. C. Small, Deputy State Engineer, to the State Engineer in which he concluded, "I think there is nothing in this route to recommend itself and it should not be further considered." It was regularly moved by Commissioner Barth, seconded by Commissioner Hart and unanimously carried, that the survey as originally laid out be allowed to stand.

NOVEMBER, 1931 ARIZONA HIGHWAYS

A report was read from Ira W. Wagnon, Right of Way Agent, to the State Engineer concerning the claim from P. J. Moran of Flagstaff in respect to ten acres of land in Coconino county and a letter of transmittal from the State Engineer to the Commission, in which he recommended, "He believed Mr. Moran's suggestion of $10,000 for the ten acres, or $1,000 an acre, is very much too high."

It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and unanimously carried, the meeting adjourn October 5, 1931, to meet again at 10:00 A. M., October 6, 1931.

Chairman Addams at 10:00 A. M., October 6, 1931. Those present were: Chairman Addams, Commissioners Barth and Mansfield, State Engineer, Attorney Salmon and Secretary; Commissioner Hart arrived at 10:10 A. M. Commissioner Trengove excused.

Meeting On October 6

The State Engineer stated the changes in the agreement with the City of Nogales were ready and they were read by Attorney Salmon and approved by the Commission.

The Secretary read a request from B. W. Norton representing the City of Bisbee, asking the Department to furnish a dump body for an old army F. W. D. truck, which the City of Bisbee owned and which they wished to put into operation to aid the unemployed. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth and unanimously carried, that the Department sell an old truck body with attachments for an F. W. D. truck to the City of Bisbee for the sum of $1.00.

It was brought to the attention of the Commission by the State Engineer that there was a considerable quantity of old kindling wood in the Tucson yards which should be disposed of in cleaning up the premises and should be advertised for sale or given to some charitable institutionmen in the Tucson Shops would like to buy it. The State Engineer stated he believed we would have to have a bid on it and he did not like to sell it to our own employees. Chairman Addams stated the Department should get rid of it and asked how it could be disposed of. Attorney Salmon stated to give it away. Chairman Addams asked if the Department could sell it. Commissioner Mansfield suggested that it be sold to the employees for the sum of $1.00. Attorney Salmon stated that could be done. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried, that the scrap wood in the Tucson yards, on the adlvice of the Attorney General, be sold to the employees in the Tucson Shops for the sum of $1.00.

A report was read by the Secretary from the Superintendent of the Highway Patrol outlining the activities of that department to, and including, September 30, 1931.

A letter was read from A. H. Lind, Superintendent of Equipment, requesting the Commission to fix a price on ten 12x14 used wall tents. Commissioner Mansfield inquired if they were old equipment. The State Engineer stated they were obsolete equipment and he recommended the Department let the The meeting was called to order by tion. Chairman Addams stated the work-

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Fair Commission have them. It was regularly moved by Commissioner Hart, seconded by Commissioner Barth and unanimously carried that the tents be sold to the Arizona State Fair Commission for the sum of $1.00 per tent. Commissioner Addams resumed the chair.

Act On Unfinished Business

The Secretary called the attention of the Commission to a list which he had prepared of unfinished business in previous meetings and asked the Commission if they wished to go over the list. The Commission expressed the opinion the items should be cleared up.

Page 130 in the Minute Book-The State Engineer was instructed to prepare an inventory of stock in the Warehouse and Stock Room. This matter was referred to the State Engineer and Chairman Addams to report back at the next meeting.

Page 187 The Commission was asked to investigate if there were any surplus tents that could be given by the Department for charitable uses. State Engineer reported there were no surplus tents.

Page 294 The State Engineer and Attorney General were to draw up an agreement to pay Mr. Suggs $3,000 in full for damages and easement granted for right of way on Highway 80. The Secretary read a letter from Mr. C. L. Suggs, President of the Southwestern Manufacturing and Construction Company stating the company was making arrangements to pay off and satisfy a judgment lien on the property, that they would let the matter stand in abeyance until this judgment was satisfied. Chairman Addams stated the letter of Mr. Suggs was indefinite, he thought some definite time should be set for completion of this transaction. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and carried, Chairman Addams not voting, that Mr. Suggs be given until December 1, 1931, to show satisfactory title to the Attorney General, otherwise, the offer of the Commission is withdrawn.

Page 248-The State Engineer was to make a report in detail on the status of the old Casa Grande-Gila Bend Highway. State Engineer O'Connell stated the funds for this road have been spent and the Commission has nothing to do. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart, and carried, Chairman Addams voting "No," that the report of the Attorney General and Engineer on the old Casa Grande-Gila Bend highway be accepted and filed.

Page 285-The Commission took under advisement taking over of the road from Winslow down Long Valley as a State Route. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and carried, Commissioner Barth voting "No," that the route down Long Valley be rejected.

Page 318 The State Engineer was to communicate with the Salt River Valley Water Users' Association concerning the status of the Highway Department in flood control work on the Agua Fria River. State Engineer reported he had communicated with the Salt River Valley Water Users' Association. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and carried, Chairman Addams voting "No", that the application for funds for Agua Fria flood control be rejected.

Page 321-The request of one-half day Saturday and one day a month sick allowance for Mechanics taken under advisement. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and unanimously carried, that the outside shops be placed on the same basis as the Phoenix Shops.

Page 326-Attorney Salmon stated he hesitated to advise the Commission on the Shumway Construction Company's claim until he reviewed the files. Attorney Salmon stated the Attorneys in the case had appeared and asked the case be dismissed, which had been done by the court, thus closing the suit.

The State Engineer was to get from the East Van Buren Improvement Association and the Utility Companies their written agreements to remove their poles from the highway right of way on East Van Buren Street. The State Engineer reported the District Engineer was working with the Telephone and Power Companies for the removal of their line.

State Engineer O'Connell reported he had communicated with the parties interested in constructing the bridge at Parker and had received a reply from the Clerk of the Board of Supervisors of San Bernardino County, which the Secretary read, showing the Board of Supervisors at their meeting on September 28 advised the Highway Department they were in favor of a bridge at this location but could not make any appropriation at this time as all available funds for the present fiscal year had been appropriated.

The State Engineer reported he investigated the condition of the detour on Bisbee grade and it was now reported in good condition.

The State Engineer reported Mr. Small was investigating the claim of Attorney Gold that a gravel pit in the Northern part of the State was incorrectly located.

A letter was read from E. E. McCarty of the Atchison, Topeka and Santa Fe Railway Company, stating the Railway Company had withdrawn from sale the land lying within the wye formed by the junction of Highway 66 and 89 East of Ash Fork.

A petition forwarded by the Governor's office transmitted by J. F. Connor, State Senator from Yavapai County, asking the Department to fence that portion of the Hassayampa Trail beginning at or about the National Forest boundary on the North and continuing parallel to the highway to the Southern terminus of a major cattle range ending at the top of Yarnell Hill. The State Engineer stated that this fencing is not in the original agreement in the building of the highway and there were no funds available. It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield, and carried, Commissioner Barth voting "No," the petition for fencing the Hassayampa Trail as requested be rejected.

Mr. E. M. Whitworth received the following report from the Standard Oil Company: "Mr. Whitworth: The Standard Oil Company developed title on two trucks, which they plan to operate in vicinity of Quartzite, for which they request registration at the office of the County Assessor in Phoenix and tender fee of $3.50 for registration. This is based on advice of the opinion of their attorneys to the effect that unladen weight fees are not required under amended legislation, and the fee of $3.50 only is required. The County Assessor has requested advice from the Division as to whether or not he should grant registration on this basis. The situation remains this, that the registration will not be effected until further advice has been given the Assessor's office."

A petition was read from Colonel T. L. Sherburne commanding the Tenth Cavalry at Fort Huachuca, Arizona, and other residents of that district requesting the State to take over and maintain as a State road the highway from the Northeast corner of the Fort Huachuca Military Reservation north five and onehalf miles to the junction with State Highway No. 82. The State Engineer recommended that, as this was only a County Highway, the petition be rejected. Chairman Addams asked Vice-Chairman Hart to take the chair. It was regularly moved by Commissioner Barth, seconded by Commissioner Adams and carried, Vice-Chairman Hart not voting, that the

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Petition be rejected. Commissioner Ad-dams resumed the chair.

The Secretary called to the attention of the Commission the supplementary reports that had been given each Commissioner of the labor employed on all projects by the contractors. Commissioner Mansfield requested a resume of labor employees by compiling, stating the number of persons employed and the number of projects under way in the State.

A communication was read by the Secretary from the Van Buren Street and Highway 80 Improvement Association concerning the improvement of East Van Buren Street.

A communication was read from E. L. Farrin of Aztec, Arizona, requesting the sale of 10 or 15 barrels of road oil to improve the highway to his home. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and unanimously carried, that the request of E. L. Farrin and all further requests from individuals for the sale of supplies or materials be refused.

It was regularly moved by Commissioner Hart, seconded by Commissioner Mansfield and carried, that the Commission recess at 12 o'clock noon, October 6, 1931, to reconvene at 1:30 P. M.

The Commission reconvened at 1:30 P. M., October 6, 1931. Chairman Addams, Vice-Chairman Hart. Commissioner Barth, State Engineer O'Connell, Attorney Salmon and Secretary present; Commissioner Mansfield absent; Commissioner Trengove excused.

A communication was read from Mrs. B. A. Walker, Hackberry, Arizona, concerning drainage in front of her property and was referred to the State Engineer.

Deny Flood Damages

A communication was read from J. H. Schmidt, 1104 23rd Street, Douglas, Arizona, presenting a claim for $280.00 alleged damages to his property at 23rd and A Avenue in Douglas on August 9th by flood, alleged to have been caused by the highway. State Engineer O'Connell stated his office was still making investigation of this claim. The Attorney General read an opinion that, generally speaking, the State would not be liable for damage of abnormal floods. The State Engineer recommended the claim be disallowed as the flood this year was not a normal flood. It was regularly moved by Commissioner Barth that the claim be refused. Commissioner Barth then withdrew his motion until the arrival of Commissioner Mansfield.

A communication was read from W. T. Brinley, Willcox, Arizona, asking if the Highway Department would permit the State Engineer to aid property owners in the vicinity of Double R Canyon in the making of a survey for a road in that section. The Commission instructed the Secretary to notify Mr. Brinley there were no funds available for such a work that was not on a State Highway system, but that the Department's Locating Engineer would be glad to confer with him.

A letter was read from a committee of Chloride citizens requesting that the survey for the Boulder Dam Highway be made so as to include Chloride. The Secretary was instructed to acknowledge receipt of the request and advise it would be necessary to wait for the final report of the survey party now in the field.

A letter was received from C. E. James, Alpine, Arizona, requesting that section of the road from Alpine to the New Mexico State Line be made a part of the State Highway System. Chairman Addams turned the chair over to Commissioner Barth. On the recommendation of the State Engineer, it was regu-larly moved by Commissioner Hart, sec-onded by Commissioner Addams and carried, the request be rejected. Commis-

Denied, the request be rejected. Commis-

sioner Addams resumed the chair.

A letter from Geo. Downey, Chairman of the Board of Supervisors, Yuma County, was read requesting the maintenance of either of the sections of the road from Vicksburg to Bouse, or Bouse to Quartzite, being temporarily used as Highway 60 during the construction of the highway from Vicksburg to Quartzite, be maintained by the State. On the recommendation of the State Engineer, it was regularly moved by Commissioner Hart, seconded by Commissioner Barth and carried, the request be refused.

Commissioner Mansfield arrived at 2:00 P. M.

The claim of J. H. Schmidt, previously read by the Secretary, was again brought up. On the recommendation of the State Engineer, it was regularly moved by Commissioner Barth, seconded by Commissioner Mansfield and carried, Commissioner Hart voting "No," that the claim be denied.

A letter from Mrs. J. H. Fisher, Box 201, Douglas, Arizona, presenting a claim of $100.60 for alleged flood water damage to her property near Douglas was read by the Secretary. On the recommendation of the State Engineer that the flood in question was an abnormal flood, it was regularly moved by Commissioner Barth, seconded by Commissioner Mansfieldfield and carried, Commissioner Hart voting "No," that the claim be denied.

The Secretary presented numerous letters and communications from citizens requesting the proposed route of U. S. 60 from Showlow be established so as to include the towns of Concho and St. Johns.

There being no further business to come before the Commission, it was regularly moved by Commissioner Mansfield-field, seconded by Commissioner Hart and unanimously carried, that the Commission adjourn at 2:45 P. M., October 6, 1931, pending call of the Chairman.

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