two arbitrators, or if they should fail to select a third within fifteen days, then he shall be appointed by the presiding officer, if a disinterested party, of the Bar Association nearest to the location of the work.* Should the party demanding arbitration fail to name an arbitrator within ten days of his demand, his right to arbitration shall lapse. Should the other party fail to name an arbitrator within said ten days, then said presiding officer* shall appoint such arbitrator within ten days, and upon his failure so to do then such arbitrator shall be appointed on the petition of the party demanding arbitration by a judge of the Federal court in the district where such arbitration is to be held.

The said presiding officer* shall have the power to declare the position of any arbitrator vacant by reason of refusal or inability to act, sickness, death, resignation, absence or neglect. Any vacancy shall be filled by the party making the original appointment, and unless so filled within five days after the same has been declared, it shall be filled by the said presiding officer.* If testimony has been taken before a vacancy has been filled, the matter must be reheard unless a rehearing is waived in the submission or by the written consent of the parties.

If there be one arbitrator his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matters submitted to and the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action.

C: Arbitration procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of the matters submitted to them. Each party may submit to the arbitrators such evidence and argument as he may desire and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of law and fact relating to both the subject matters of and the procedure during arbitration and shall not be bound by technical rules of law or procedure. They may hear evidence in whatever form they desire. The parties may be represented before them by such person as each may select subject to the disciplinary power of the arbitrators if such representative shall interfere with the orderly or speedy conduct of the proceedings. Each party and the Engineer shall supply the arbitrators with such papers and information as they may demand, or with any witness whose movements are subject to their respective control, and upon refusal or neglect to comply with such demands the arbitrators may render their decision without the evidence which might have been elicited therefrom, and the absence of such evidence shall afford no ground for challenge of the award by the party refusing or neglecting to comply with such demand.

The submission to arbitration (the statement of the matters in dispute between the parties to be passed upon by the arbitrators) shall be in writing

* To provide some other agency for appointing arbitrators strike out reference to presiding officer of the Bar Association and insert desired designation. In the vicinity of New York, the Arbitration Society of America, Inc., and the Chamber of Commerce of the State of New York have Arbitration Committees which often act in this capacity.

duly acknowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding.

The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay and other losses. The arbitrators shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties.

The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail, forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgment may be rendered upon the award by the Federal court or the highest State court having jurisdiction to render same. The award of the arbitrators shall not be open to objection on account of the form of the proceedings or the award, unless otherwise provided by the controlling statutes. In the event of such statutes providing on any matter covered by this Article otherwise than as herein before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration.

The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give such evidence as they may require.

Article 41. Lands for work. The Owner shall provide the lands upon which the work under this Contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with right of access to same.

Article 42. Cleaning up. The Contractor shall, as directed by the Engineer, remove from the Owner's property and from all public and private property, at his own expense, all temporary structures, rubbish and waste materials resulting from his operations.

STANDARD SCHEDULE* FOR GRADING CITIES AND TOWNS OF THE UNITED STATES WITH REFERENCE TO THEIR FIRE

DEFENSES AND PHYSICAL CONDITIONS

NATIONAL BOARD OF FIRE UNDERWRITERS, NEW YORK

INTRODUCTORY

The Grading Schedule† is based upon the plan of assigning to the various features of fire defense found in cities of the United States, points of deficiency depending upon the extent of variance from standards formulated from a study of conditions in more than 500 cities; the natural and structural conditions which increase the general hazard of cities, and the lack of laws or of their enforcement for the control of unsatisfactory conditions, are graded in the same way. The sum of the maximum points of deficiency totals 5,000 and is divided in accordance with the relative values of the features considered as given below.

It is recognized that climatic conditions affect fire losses, by reason of the frequency of fires due to the heating hazard, by retarding the response of fire apparatus, by hampering effective fire fighting during cold weather and storms, by the increase in combustibility due to hot and dry weather, and by the greater probability of fires spreading at time of high winds. Also that earthquakes, tornadoes, hurricanes, cyclones, blizzards, floods and other unusual conditions have an influence on the conflagration hazard. These elements are to a greater or less degree common to the whole country, and therefore no deficiency is considered in the Schedule for normal climatic conditions. Some sections of the country, however, are subject to abnormal climatic conditions, and to cities in these sections, a super-deficiency is applied, as given on pages 773 and 774. This super-deficiency is to be added to the deficiency determined by the application of the Schedule proper.

*Adopted, December 14, 1916, edition of 1922.

The portion of the Standard Grading Schedule referring to Water Supply is here included as information as to the practice of the National Board of Fire Underwriters in classifying cities for the equitable fixing of insurance rates, and not as indicating approval of the details of the schedule by the American Water Works Association.

A good water supply in connection with a poor fire department, or vice versa, is of less value than if both are good. In recognition of this, a modification of the better one of the two features is made, in accordance with the plan given on page 774, provided the divergence exceeds the equivalent of three classes.

The subjects considered in grading the various features are given on pages 730 to 733 and the details of grading on the pages following; the total of the points of deficiency is used in determining the class of the city or town graded, in accordance with the plan given on page 733.

In determining the points of deficiency to be applied to many of the items, it appears reasonable to use a graduated scale of points depending upon the per cent of deficiency, with a lesser increment for the first 30 per cent than for the remainder; that is, a deficiency of 10 per cent in good or moderately good conditions has less actual effect than where conditions are poor. Such a scale has been prepared and is given below; either the full scale, a multiple or a fractional part thereof is used, depending upon the relative weight or importance of the item under consideration.

To save space, this Scale is printed in full below, and reference is made to it under each item to which it applies.

In all items, the total required quantity or the total required number must be used as the basis in figuring the percentage of deficiency, except that under Water Supply, if there is a deficiency under Item 66, the quantity available on which this deficiency was obtained shall be used as a basis in figuring the percentage of deficiency of Items 7 to 16, inclusive, except for the Item on which the inadequacy occurs, in which case the total required quantity will be used. In Items 1, 2, 12, 15, 17, 20, 21, 23, and 26 of Fire Department the deficiency shall be on the basis of existing companies.

Where quantity or numbers cannot be used as the basis, as in Items 2, 7, 10, 11 and 17 of Water Supply and Items 3, 23, 25, 28, 29 and 31 of Fire Department, the degree of deficiency shall be graded approximately as follows: Slight, 10 per cent; moderate, 25 per cent; considerable, 50 per cent; serious, 75 per cent, and total, 100 per cent. In considering the degree of such un

reliability, the size of the community shall be considered; conditions which in a city would be considered as serious would in a village be only moderate or considerable, because of the less general probability of a fire occurring. Under certain items definite points of deficiency are assigned to certain conditions described as "Fair," "Poor," etc. When conditions found are judged to be intermediate between those listed, or when the minimum points specified appear not justified, points may be applied in proportion to the degree of deficiency.

Modifications of the Schedule issued March 1, 1921, have been incorporated in this 1922 edition. In addition, some changes in the wording have been made to clarify its meaning or to conform with recently adopted regulations, particularly as noted under Fire Alarm System; none of these will materially affect previous gradings.

SUBJECTS CONSIDERED IN THE SCHEDULE

Water supply

Item

1. Appointment of Employees.

2. Efficiency of Executive.

3. Records and Plans.

4. Emergency Repair Provisions.

5. Receipt of Alarms by Department.

6. Normal Adequacy of Entire System.

7. Reliability of Source of Supply.

8. Sufficiency of Reserve Pump Capacity.

9. Sufficiency of Reserve Boiler Capacity.

10. Condition and Arrangement of Equipment.

11. Fuel Supply or Electric Power.

12. Construction of Pumping Station.

13. Fire Protection of Pumping Station.

14. Hazards of Pumping Station.

15. Exposures to Pumping Station.

16. Reliability of Supply Mains as Affecting Adequacy.

17. Reliability of Installation of Supply Mains.

18. Completeness of Arterial System.

19. Reliability of Installation of Mains.

20. Effect of Small Mains in the High Value District Considered

21. 4-inch Mains in System.

22. Dead Ends-4- and 6-inch Mains.

23. Completeness of Gridiron of 6-inch Mains.

24. Quality and Condition of Pipe.

25. Electrolysis.

26. Spacing of Gate Valves.

27. Condition of Gate Valves.

28. Distribution of Hydrants in the High Value District Considered

29. Ditto in Residential districts.

30. Condition of Hydrants.

31. Size and Design of Hydrants.

32. Valves on Hydrant Branch.

Fire department

1. Number of Officers.

2. Number of Operators.

3. Qualifications of Chief Officers.