The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-09
rhe Tcnfh Avenue sewer.

kshed under The signature OF A. W Craven Chief Easi
aud Of the Board OF Managamen OF tbs Gfot.n
keaueduct Department the article which of.r iof
he Iteration ofthe oard Published the arsicle mas
sn under authority fone Of the Ulcers Of the city
hose cifciu station implies credencc 20 bis dscliraoos
az one the Ileb-rs OF this Board and more pirLco-
urly as OF tbs members of the nttes ol TINS
oord whom the matter therein referred % WAS gwen
cbarge Dean il my duty 10 ask the attent'oo o. ms
body TO lie subject lad the officer VINO ~ t'e tn
publication confined his comm uacion 90 n1'e 70 ,h
Onplaiu OF this description should properly ne N ne
ay even WI bout the extraordinary facG OF tae article "a
hueson being 80 made, but addfc9sed Us IL ~ g the
ar 20 ba assessed with all its inam ntory passages
endire IA tbey do 10 the embarrassment m nterruo.
No. Of the nee sary proceedings OF the Business of the
kv-hgd ats contents been true. candid ami fair
W. uniust might have been ITS imDutaoas ~ t, the
motives q members Of the committee aud Of ths
non Council might have been rcconciled to let il pas
But containing as this article docs material ana
untruts. essential omissions Iud unjust consgruc-
ions upon proceedings which hid in 20 II faith cDn-
aiming sweeping, anoeconi'ng and onimnous ch irses
pom whose rertituGe Of intent If their Official
tation should protect them again such wi sed assaults,
nd especially conscious. as | am and ia believe the
thor members were OF only sincere OF duy i'm
slng ihem TO Whatever they haye done. viii uot
10 let myself and Others be thus falsely changed aud
main silent
The facts Of the case in reality are these In the
hummer of 1851 James Pollock made two several con,
racts-one VITA the Croton Water Deplrmcn for he
CONSTRUCTION Of from Forty second 20 Forty SIKH
noss The Tenth avenue (the entire cutting
alton o which had 10 be Through solid roc subject 10
nc rules and regulations OF chat Departments AID the
ther with the Street Department TO grade the
made which grading required a'o she cat log shrousa
p.d rock ny the necessity Of cutting through The oc6,
wo OF the sever as we a. of the srd ~ Inevitably
ent,fcd the pertormtnc OF the contract slow, and more
b than J,
The oyoton Acqucduct Board hal prescribed raguls-
len Oh authority, without thu aalcaiou Ut
Common Council forbddDs zoe prosecution OF The
FORK The hrao of coneer unless by special pernis-
Ion OF The Department Tho intent Of the regulation
as to Prove sewers from being buit th weah,c
as severely cold to enabie them to b, constructed
tely ana with sufficient trench bu it was ia erstoo
.yNi .it4p stIg li,.rt
weather to- severe some special difficulty pre-
tntcd itsolf the permission would be granted.
DIR Pollock proceeded with tht wotk : taat On De-
nlcr LIT al Of IL compe,ej except only about two
up,red The brisk work the trench for shat b,in.
cut ana ready Tor ID reception lie then applied -
he Department for the usun permission To pro;eel aud
Though Other contractors for work allowed
ei, pc mission he f,om some cause yet 10 be expiauel
refused. lie thus had before him the certainty of
loss, delay, ana expense not only llar the
ract bat under the contract to 10 the in
nso the work stopped; tue city, to, aud the
tie the certainty great lniury by tue fact OF the
venue IN mat part neing rendered npassabe during
be winter aud uo,t spring No complain, expressed
hin-no cause for this .xtraor1n lrJ refusal. Mr. Pol
s unuer the circumstances de- med himself jusljod
proceeding with ne sewer work without The permission,
nd he completed IL; he did we'll and sufficiently
My without prejudice but with beneft the public
he Street Commission aud both the Surveyor and In
cstor engaged ON the work by the Groom Water De-
artmeBt their examination all have stated that the
FORK could not have been better done Than IL any
Of the year and If it had not been then done the
could not have been used during the winter ami
be Street Commissioner added that the completion IF
absolutely necessary to the pete rcga-
ton of the avenue
The above is statement Of all the violation of
act by Mr. pollock-of all the grounds for the charge
bade by Mr. Craven that large portion of the sewer
las built direct violation OF the spirit and letter Of the
Dnract Who, then guilty really OF violation Of
he spirit Of the contractot the regulation binding it
be O. meDt who refused permission, Nc Pollock
tho performed the work. Who, truly most faith
al to the public interest, he who saved the pubic
EUm loss. they who, without good cause. withheld
he permission which desired! IL il true he
ted directly the letter of the ordinance governing
contract in the point in question; but he did not
|olate II in spirit.
On the completion of The sewer work, Mr. Pollock ap-
lied to the Croton Water Board to accept the work
hey refused to do not because 1t was not sufficiently
ell done but only because IL proceeded with afCer
be first OF December, without their permission
BEING thus without remedy otherwise he applied to
b. Council for relefthe application to this
GARD being first made; aud it. reference to the
ttec they in good faith proceeded to the examination
the case.
After previous notice Of the meeting they at the
mee orhe Chief Engineer at the place designated by
i'm in tie publication, Us the Appropriate AMI usual
lace Of the meeting Of such committee aud at usual
of business viz two o'clock in the ufternoon Of
Az signnted with the posi- i've expectation OF meeting
81 ofic.rs Of the DEPARTMENT They had no witnesses
ON various parts Of the CT y, and relied and meant to
bly, principally the statement Of The officers employed
coHyernt OF the work. and the facts OF the case for
EXPLANATION
On assembling, inquiry and search made for the
reside mt ana head Engineer Of The Board and the
ttee took tine trouble obtain their attendance; but
pon inquiry, the committee informed that they
ere not either OF them in the building.
The Surveyor and Inspector who by the Croton Water
department., employed on the work and also the
treet Commissioner, attended and We're severaily
mined and gave the information above stated. They
sre all the witnesses who examined The facts from
cm and the papers connected with the affair which the
bmmittee obtained, 1 then deemed and yet deem suf
cient to justify the report thoreupon made
The did report avorably this Board, and
ibsequontly the Board of Assistants adopted the re-
button recommended.
Ii is true the Mayor vetoed tho resolution on the
round among other objections OF its being illegal in
reference with executive duties and it is also that
ntu thstu he %
ounc have since again passed the resolution II Is true
that a careful consideration and serious sense
hat it righteous and legal act, voted for Its
What then is true in the article put forth with such
rave assertions such hourhes of his declaration oi
ALLY ard pei sonally of his ys de-
re to perform his full duty and to protect the rights
nd preserve the integrity Of the department with such
Yves ping denunciatons such bold and slsnderous de-
amaton, Why, simply that the contract made aad
be regulation applicable 70 1t was violated in the letter.
nly that the will be called upon pay the price
the Croton Water Board refused to accept
he work which Is necessary before the assessmepcan be
rportioned that application made to the Common
nuncil and the resolution passed vetoed and re-
nssed MS above mentioned; that the Committee on Sew
rs meet always in his Office for the reason he has stated
nd an additional fact he adds which doubt Is true
z that the of The work has since been made to
he Assessors Office with the resolution annexed Bat
no assertion that the built in direct violation
the shirt Of the contract is untrue the assertion that
~ work for which the assessed Will be called upon to pay
the work which BY The same contract they are en-
lied to receive, is untrue; the assertion that them
estipation of the committee unjust, partial and
tt,y In violation Of the rights of tho of property
The assessed grossly untrue the assertion that the
,mmtt &c did avail themselves Of the testimony OF
be- engineer without stating that he not there to be
kamined and the in which this assertion Is
AIDE convey gross unruth; the assertion that they
ouncd themselves TO the statements introduced IN be-
ali of the contractor is equally untrue the assertion
mt while it was found convenient TO have witnesses from
very part of the city those in behalf of the people in the
ulding we're kept ignorant Of the proceedings Is wholly
nrue and manfests feeling utterly unworthy Of man
laiming to be respected
The omission to state in the article the fact OF its be
no usua to grant the permission to do sewer work after
M st OF december, unless in cases have mentioned;
he omission the existence OF the two contracts
the one to grade as well the to erect the sewer
state the difficulty Of the work the necessity OF com
e,ipg it, the injury and loss TO Mr. Pollock ana 20 the
ublic from The delay .uen TO such feiusai 10
Tho nermisson the absence of and explanation for
uch refusal operate and seem so meant to convey I'M
ss;ons Grossly false Where Is the fairness candor or
rac;,y 81 mn officer who in his statements suppress
nets so material as these That the work was well
one too-vby was this fact omitted! An ada,tlonal
ayors veto was be considered The sewer was opened