COMMISSION MEETINGS IN MAY

BY: A. M. Folsom

JUNE, 1932 ARIZONA HIGHWAYS 11 The Arizona State Highway Commis-sion met in regular session in their offices in the Highway Building at 10:15 A. M., May 7, 1932. Those present were Vice-Chairman Hart, Commissioners Barth and Mansfield, also State Engi-neer, Secretary and Attorney Salmon. Chairman Addams and Commissioner Trengove were absent on account of illness.

Opposition to Hwy. 60

A delegation representing U. S. Highway 66 appeared before the Commission. Mr. C. L. Giragi, acting as spokesman, stated the committee was appearing before the Commission to enter a formal protest against the spending of any money on U. S. Highway 60 until U. S. 66 and other transcontinental highways had received their just share of improvement.

Mr. Giragi introduced Mr. Frank Good-man, a member of the committee, to the Commission. Mr. Goodman stated the taxpayers and other citizens on 66 are opposed to construction of U. S. Highway 60 at this time. That during this depression and with business conditions existing as they are, it was their opinion it was a waste of public funds to start construction of this highway as three approved highways were now entering the State from the East and they believed there were other roads in Arizona which had been under construction for a long time on which federal aid money could be spent to a better advantage at this time.

Mr. Ray Howell stated it seemed to him that the principal reasons for building any roads in this State were, first, for the development of the commerce and trade of the state and, secondarily, for the purpose of bringing people in contact with the natural attractions in the State and to equally facilitate commerce and trade. He also stated he had been asked to make a formal request to the Commission as to the date when bids would be advertised for the construction of the road West from Flagstaff to the '49 Camp. After a general discussion of finances by the State Engineer and Commissioner Mansfield showing that gas tax revenues had decreased, and there was an agitation which, it appeared certain, would remove the mill tax from the highway funds, Commissioner Mansfield stated it was a little unfair at this time for the Commission to try and tell anybody just what they were going to be able to do as it was impossible to give an intelligent answer. Mr. Karl Hudson stated he would like to say for the delegation that they would like to Go on record as opposed to the elimination of the mill tax. Mr. J. J. Slamon, Ash Fork, stated he was in sympathy with the Williams-Flagstaff and so forth but was opposed to any funds going on Highway No. 60 at the present time. Mr. Goodman filed telegrams with the Commission showing the amount of improved and unimproved highway on Route 60 in Oklahoma, New Mexico and Texas. Other speakers representing the committee were L. S. Williams of Williams, Arizona; Bob Moore, Winslow; Harold Green, E. R. Byers, Loyd Tuberville, James Kennedy, W. E. Howall, H. A. Clark, Ralph Southwert, A. C. McCoy, R. Swansback, Harold Reed, Harry Dial, E. C. Hatley, Edith Hatley, Maurice F. Hatley, Glen Montgomery, E. S. Roman, J. C. Butler, and A. M. Folsom.

Contract Awarded

Mr. N. G. Hill, representing N. G. Hill and Company, low bidder on the Prescott-Ash Fork Highway, F. A. P. No. 62-A, 2nd Reo., and 62-B, Ist Reo, was present and was asked by Chairman Hart if he were a registered contractor and he stated yes. He also replied yes to the question of Chairman Hart, would he agree to comply with the Arizona citizen law and employ Arizona citizens in the vicinity in which the work was being done.

The State Engineer recommended that the contract on the Prescott-Ash Fork Highway, F. A. P. No. 62-A, 2nd Reo and 62-B, 1st Reo., be awarded to the low bidder, N. G. Hill and Company, Phoenix, stating they had qualified and were responsible bidders. It was regularly moved by Commissioner Barth, seconded by Commissioner Mansfield, and carried, that the contract on the Prescott-Ash Fork Highway, F. A. P. No. 62-A, 2nd Reo., and 62-B, 1st Reo., be awarded to the low bidder, N. G. Hill and Company.

Miss Grace Sparkes, representing Yavapai County, stated she wished to extend to the Commission their sincere thanks for the vote just taken in awarding the contract on the Prescott-Ash Fork Highway, that this is the first piece of work, that is oiling, which had been done for them. She also stated she wished to put in a little word for Highway 89, that was to keep 89 in mind when making the budget for next year. Members of the delegation representing Yavapai County were Grace Sparkes, Floyd Williams, Mr. Ruffner, Mr. Vyne and Mr. Merritt.

Non-Parking Zone on Highway 80

Mr. R. S. Gills, Gila Bend, presented a petition from property owners and citizens of Gila Bend requesting the Commission to designate a non-parking zone for tankers and freight trucks on Highway 80 from the East side of Block 9 to the West side of Block 12, Gila Bend. State Engineer O'Connell stated there was quite a bit in favor of the request asked in the petition as he understood these big tankers and trailers tied up in Gila Bend sometimes three or four hours on the right of way. Mr. Gill stated that frequently the tanks were leaking and it was very dangerous, and for that reason they asked that they be prohibited from parking in the town. A report to the State Engineer by James L. Hall, Superintendent of the Highway Patrol, was read by the Secretary. Mr. Hall's report substantiated the fire hazard of these trucks being parked in town. Attorney Salmon referred to the Code, showing that the Commission had the authority to regulate such parking. The State Engineer stated he would like, if possible, to have a general order forbidding parking in all unincorporated towns between Phoenix and Yuma. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth, and carried, that the Department be instructed to enforce a ruling, under the Commission order, to prohibit tanks or tanks with trailer tankers, from parking within the limits of any unincorporated towns as shown by Highway Department signs, and that additional signs be placed designating this order.

Bids On Grader Blades

The Secretary read a tabulation of bids. covering grader blades for the Phoenix Warehouse stock, opened at 8:00 P. M., May 2nd, 1932. Commissioner Mansfield inquired as to whether Shunk blades met with the Highway Department's specifi-cations. Superintendent of Equipment Lind stated he knew of no trouble that had been had with Shunk blades. Mr. Julian Powers, Engineer of Materials, stated Shunk blades had been tested by his Department and met with the High-way Department's specifications. On the recommendation of the State Engineer, it was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth, and carried, that the contract on grader blades be awarded to the low bid-der, B. O. Leftwich, Phoenix, in the sum of $4,467.00.

Mr. Earnie Mitchell appeared before the Commission and presented a communication from Albert D. Leyhe, sup-ported by affidavits from D. M. Thomp-son, L. E. Welch, Clarence E. Self and J. D. Bennett, concerning his ability as a truck driver and grader blade operator and his moral character, in connection with his having been discharged by Maintenance Foreman John Webster.

Wage Scale on Contract Jobs

The Secretary read a letter from Governor Hunt regarding the establishment of a wage scale for skilled labor on contract jobs. State engineer stated these special specifications had been taken up before when the minimum wage was specified and that the Federal Bureau would permit a scale for skilled labor when the state law specifically set up such a scale. Attorney Salmon stated there was no such provision in the state law, as the wage law which the state had, had been nullified in the Garfield case. State Engineer O'Connell stated he would check with California and see if they had such a law and what California was doing. Vice Chairman Hart asked Commissioner Barth to take the chair and moved the matter be referred to the attorney general for an opinion. The motion was seconded by Commissioner Mansfield, and carried.

Apache County Petition

The secretary read a petition from Apache county addressed to Governor Hunt, thanking the governor for his step in requesting the commission to take steps for the inclusion of the direct Showlow-Springerville section of U. S. Highway No. 60 in the Federal Aid System.

The secretary read a wire received from Senator Carl Hayden concerning the progress of Emergency Federal Aid Bill, H. R. 9642.

A letter was read from the Harqua Hala Post No. 52 American Legion endorsing the request for a highway from Perryville to Quartzsite.

A wire was read from Fred W. Moore, President, of the Flagstaff Chamber of Commerce, urging immediate action on the improvement of Highway 66 from Flagstaff to '49 Camp.

A letter was read from the secretary of the Greenlee County Cattlemen's association, regarding a resolution to be submitted by Mr. Dell Potter.

A letter from W. R. Wayland, president of the Arizona Division of U. S. 60, transmitting a resolution, was read.

The secretary read a resolution regarding Highway 60 forwarded by Neal H. Phelps, clerk of the board of supervisors on May 2, 1932.

The secretary read a resolution passed by the Apache county board of supervisors on May 2, 1932, requesting the commission to urge the completion of three miles east of Eagar by the United States of Apache county, passed by the board of forest service.

Commission adjourned at 1:30 p. m. to reconvene at call of chairman.

ARIZONA HIGHWAYS May 18, 1932

The Arizona State Highway Commission met in regular session in their offices in the Highway Building at 10:15, May 18th, 1932. Those present were Chairman Adams, Vice-Chairman Hart, Commissioner Barth, also State Engineer, Secretary and Attorney Salmon. Commissioner Mansfield arrived at 10:25. Commissioner Trengove was absent on account of illness.

Designation of State Highway

It was regularly moved by Commissioner Barth, seconded by Commissioner Hart, and carried, that the state route from St. Johns towards Zuni to the New Mexico state line be designated a state highway.

It was regularly moved by Commissioner Barth that the state route from Duncan to Clifton be declared a state highway. After some discussion the motion was seconded by Commissioner Hart and carried.

Attorney Salmon presented a stipulation to be entered into between the attorneys for the Industrial Commission and the attorneys representing the Highway Commission, agreeing upon the amount to be paid the Industrial Commission by the Highway Department for industrial insurance during the fiscal year 1930-31; the Supreme Court, in their decision on the suit brought by the Industrial Commission to collect industrial insurance premiums for this period, having set May 20th as the date under which such stipulation must be agreed upon, or the court would refer the suit to the Superior Court to decide the amount. Chairman Addams suggested that action on the stipulation await the arrival of Commissioner Mansfield.

Unemployment in Greenlee County

Senator Harry Hill of Greenlee County appeared before the Commission and said he would like to have the Commission, when considering items in the budget for the coming year, consider the conditions existing in Greenlee County. Mr. Hill stated the mining camp in Greenlee County was going to close down the first of July. That the employment situation would then become acute, as there was nothing which these men out of employment could turn to in Greenlee County. That he knew the Commission would have to effect all the economies possible and that the citizens of his county appreciated what had been done for them, as it had been a big help. He stated further there would be between six hundred and six hundred and fifty men out of employ ment July 1st; that ordinarily the mines in this district employed about 1,400 men and that whatever consideration the Commission could give Greenlee County in the way of highway employment would be greatly appreciated; it would be a God's blessing.

Minimum Wage Law

The Secretary read a letter from the Governor, regarding the minimum wage for skilled labor. Attorney Salmon stated that the regulations of the Bureau of Public Roads required the citing of the law for the paying of a minimum wage for skilled labor. The Code had a provision-Sec. 1432-which provided a prevailing wage scale and the Supreme Court had held it unconstitutional; therefore, the Department could not cite such a law.

Mr. C. P. Flynn, who was present, asked Attorney Salmon in what case did the Supreme Court decide on this wage scale. Attorney Salmon stated it was the Garfield case and the court conclusion was, that in that case the law was too indefinite to be enforced.

The Secretary read an opinion from the Attorney General regarding the minimum wage law not being affected by the Garfield case. Commissioner Hart asked if the Commission would not have the authority to add to the minimum wage agreement. Attorney Salmon stated no, because the Bureau requires that the law must be cited in establishing a minimum wage on skilled labor.

Commissioner Hart stated he thought it was a matter for the labor throughout the state to get busy before the next session of the legislature, and have them pass. a law that will take care of it. Mr. Flynn was given a copy of the regulations received from the Bureau of Public Roads.

Industrial Insurance

Commissioner Mansfield having arrived the matter of the stipulation with the Industrial Commission was again taken up, Commissioner Mansfield asked if he understood the Supreme Court had ruled we must include the amount, whatever it is, in the next budget, and the question now is, what is the amount? Chairman Addams asked Attorney Salmon what was his recommendation, and Attorney Salmon stated he had no recommendation to offer; that if the amount is correct there is no necessity of going into the Maricopa Court.

Chairman Addams asked if the Accounting Department said we owed this amount of money, your recommendation would be to pay it? Attorney Salmon stated yes, relying on the accuracy of their figures.

It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart, that the following resolution be adopted: RESOLVED, That the State Engineer or counsel for the State Highway Department be, and they or either of them, are hereby authorized and empowered to enter into a stipulation with the Industrial Commission of Arizona that the sum of

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fifty-six thousand, nine hundred and eigh-ty-nine dollars and forty-seven cents ($56989.47) is the true and correct amount of premiums on compensation insurance for the employees of the Arizona State Highway Department for the fiscal year 1930-31.

Chairman Addams asked the Secretary to poll a vote. Commissioner Mansfield, yes; Commissioner Barth, yes; Commissioner Hart, yes; Commissioner Addams, yes.

Foreign Materials

Prohibited, as we are getting quite an influx of foreign steel right now.

Commissioner Mansfield asked why not apply that direct to the contractor when the contract was awarded. State Engineer O'Connell stated he wanted to make it stronger and ask the Bureau to include in the contracts.

Chairman Addams stated personally he would like to go into the matter, as he did not know what effect it would have on our treaties in Washington. Commissioner Hart moved the State Engineer make a request that domestic materials be used. Commissioner Mansfield second-ed the motion. The motion was carried, Commissioner Addams voting no, until such time as he knew in detail what treaties there might be with foreign countries in regard to steel.

Legal Services

Secretary read an opinion from the Attorney General's office concerning the question of payment for legal services for the Highway Department being set up in the budget.

Chairman Addams asked the Secretary to read Chapter 30 of the 1931 Session Laws. Chairman Addams stated the Session Laws of 1931 temporarily repealed laws affecting the Code, which was of 1928. The Secretary stated the Attorney General says no.

Chairman Addams asked Vice-Chairman Hart to take the chair. He stated as far as he could see the Code was good in 1928; in 1931 we have Session Laws which are to the effect that all legal dealings of all departments are to go through the Attorney General's office.

Chairman Hart stated in that event the Commission would have to await their turn for opinions. Mr. Addams stated that, needless to say, we are under bond and liable if some taxpayer should sue us. Attorney Salmon stated the Attorney Gen-eral had written the opinion and he had nothing to say upon the subject. Com-missioner Mansfield stated he would like to have a discussion on it. Commissioner Addams moved that another opinion be gotten from the Attorney General's office and that he quote the Commission the law, showing the Commission was within their rights, as, in his Mr. Addams'-opinion the law in the Session Laws of 1931 is quite clear. The motion was sec-onded by Commissioner Mansfield and unanimously carried.

Secretary read a wire from F. W. Moore, president of the Flagstaff Chamber of Commerce, referring to the tentative high-way budget to be set up for the next fis-cal year.

The Secretary read a letter from Mr. Sidney Sapp of Holbrook regarding an ar-ticle printed in the Winslow Mail of May 4th, requesting the Highway Department to do certain things on Highway 66 be-fore any work was done on lesser roads in northern Arizona.

Secretary read a notice of the rehearing granted Adam C. Markeley by the Indus-trial Commission.

Secretary read a letter from Joseph A. Holliday of Snowflake, Arizona, concern-ing an injury to his nose received from a fellow employee while on duty. Chairman Addams asked Vice-Chairman Hart to take the chair and moved Commissioner Barth investigate this complaint and re-port back at the next meeting. The mo-tion was seconded by Commissioner Mans-field and carried.

A letter was read from W. A. Sullivan of the Central Arizona Highway Association concerning the erecting of two mark-ers on the Central Arizona Highway for the Jefferson Davis National Highway Committee. It was regularly moved by Commisioner Mansfield that, inasmuch as the Highway Commission has already tak-en action on that, Mr. Sullivan's com-munication be answered, giving him the information that the Commission had tak-en care of the matter. The motion was seconded by Commissioner Barth and unanimously carried.

State Route Designated

The Secretary read a letter addressed to Senator Carl Hayden from T. S. O'Con-nell concering construction on Highway 66. State Engineer O'Connell stated in explaining the letter, this is a stretch of road which the Land Department wanted the Department to build. The Land Department recommended this strip be put in as a National Monument. Mr. O'Con-nell stated he believed the Commission had already partially agreed to build this part of the road, but that if the road can be taken in as a National Monument, we can put Oddie Colton money or National Park money on it.

Commissioner Mansfield asked when they anticipated taking it in. State En-gineer O'Connell replied "very shortly." Chairman Addams asked if there were any way in which a resolution could be drawn up providing that the road should be taken in, providing we did not have to build it. Could the Department go ahead and maintain the road and put in a provision that we will not, at any fu-ture time, with state funds, build the road.

Commissioner Mansfield stated we could not do that. State Engineer O'Connell stated there is another phase of it; that if they make it a National Monument we will also have six or seven miles taken off of our seven per cent system, which could be used some place else.

It was regularly moved by Commissioner Barth that the road from the Petrified Forest or from the Bridge to Highway 66 be designated as a state route, as per the recommendation of the State Engineer. Motion was seconded by Commissioner Mansfield and unanimously carried.

Highway 60

The Secretary read a petition from Miami citizens, forwarded by Governor Hunt, regarding Highway 60 between Globe and Springerville.

A petition was read from the Gila County Democratic Central Committee regarding Highway 60.

The Secretary read a petition from the citizens of Gila County urging the completion of Highway 60.

The Secretary read a petition from the citizens of Apache County, expressing appreciation to Governor Hunt for the position he took in favor of the direct Show-low-Springerville connection for the highway between Globe and Springerville.

The Secretary read a letter and resolution from E. L. George, Secretary of U. S. Highway 60 Association Inc., concerning Highway 60.

The State Engineer presented the Commission with his tentative recommendations on the budget for the 21st fiscal year. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Mansfield, seconded by Commis-(Continued on Page Sixteen)