The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-04
NEW YORK HERALD, TUESDAY MAY T. tsss-rRIPLE SHEET

e SHEET.
The pressn Common ocune ,osk into consideration the
purchase OF the above snds and tho payment OF large
sum by the TAX payers 81 the present time, and worry
promptly adopted resolution resembling the one adopted
by ne predecessors IN the last hour a their session
TIE last resolution " ~ foiiows,-
Ths! The resolution 70 purchase certain lands on
which the Board q conncnmen October - 1851 and
he Mayor Dec st. % Be- and The serss plescads
TIE BATTERY.
In the last report from this department the at
ton of the Battery and of the contract for H
The attention OF the Common Council again invited 10
the suggestions made In that report
HvxsrGAroN or FRAUDS IN PAYMENTS on AasESsNKyT CON-
TRACS.
This report has been delayed by exexafnaton Of nu
merous irregularities and frauds payments contracts
for regulating and grading Streets aad other contracts
paid by assessment on the property Dcnedted The re
suits Of these contained In statement Ne
81 which embodies most Of the facts muncsed from
time 70 time by the Comptroller 70 the Committee oa
Frauds Of the Board Of Councimeu. TO tho Mayor.
AS soon Is the death OF Joeeph s. Taylor late Street
Commissioner (Which occurred Va the sn on June lAs
was announced 70 the public, controversy arose a. 70
the power Of filing tho vacancy.
On the 18th day June Daniel d. Conover presented to
the Comptroller bond, which be said the Mayor refused
70 approve and allowed commission duly executed by
the Governor q tho state appointing him Street Commits
soner On tho 10th or the same month Charles Deviiu
ana Common Council Of himself as Street Commissioner
and a bond In due form, approved BY the Mayor
Tho Mayor gave notice % the Finance Department that
he should nos recognize Mr.. Conover Street Com
ssioner and that he had approved bis boad The
Comptroller determined not 10 recognize either Of the
contestants unit! The courts decided which Of them bad
legal right 70 tho Office
Charles Turner the Deputy OF Joseph s Taylor. was
continued In the same office by Charles Dev and by his
aid preparations made 70 open bids for about eighty
jobs on the TN Of July about twenty days aor Deyn
got possession Of the rooms In the Hall oRecords The
and the contracts not made.
Ion the 18th of July D. d. Conover again posses
time the books and papers placed in his custody by
Judge Peabody. Inthe mean time numerous contracts
these were finished and the assessment rolls Confirmed
by the Common Council, the Comptroller urged 10
pay the contractors or their assigns according 70 tho
spuatons in the several Contracts and jobs exceed
ing in amount $40 000 the certificates or the surveyors
the work. backed by from Mr. Turner produced
the best evidence within the reach OF the tractors
and the parties interested claimed the payment monthly
Of the 10 per cent the work DONE provided by the
ordinance Of December 80, 1864.
The Comptroller therefore adopted measures to have
the assessment rolls after they were confirmed BY the
Common Council, transmitted TO the Assessors and en-
tered their record provided by the Ola, section Of
the act Gin relation 10 in the city OF New
York. and 10 amend the several acts in relation thereo
passed April Is, 1867 and then TO have them placed In
the hands Of the Clerk Of Arrears to be entered on bis
books required by the 9Th section Of the act Of 1853
for organizing the Bureau Of Arrears This being dones
ing the 70 be raised for the contractor surveyor
SCISSORS collectors was entered the ledger kept by
j. r. Smith in the Finance Department basis OF set
Element with the parties named.
In regard 10 monthly advances work in progress,
the Comptroller directed that these should be limited to
the found 10 be due remeasuroment by d. Even
j. Serreil This rule, had us operation not been
frustrated by the ntdely Of Smith the bookkeeper,
would have retained the thirty per cent contemplated by
the contract.
In of contracts confirmed by the Common Council
the ordinances as well az the contracts themselves
provide that payment shall be made in full the
confirmation OF the assessment roll; and in regard
TO contracts under $40 OOO no payments are required to
be made TO the contractor until the work finished and
the assessment roll Is confirmed by the Common Council
When therefore, the contractor produces certificate
peted 10 his satisfaction and that the roll has
been confirmed the Comptroller py the terms OF the
tract aud the ordinance Of 1854, Is bound 70 poy.
After the death OF Joseph Taylor the 9th OF June,
and the litigation incident to that event literal comp-
with the ordinance regard TO certificate from the
head Of the street. Department was aud the
Comptroller paid the persons recognized entitled 10
compensation on the evidence furnished % the assess
crps from the original rolls, authenticated by the Clerk
Of the Common Council.
coptractr fraud Of 600 perpexated by placing
figure before - 1928 10, thus giving 10 the assignee
S12S23 10 instead OF 81 1928 TO- the due When this
fraud discovered thorough investigation insti
tuted ascertain whether other confirmed assessment
examination embraced the ledger transcripts Of confirmed
assessment rolls for the 1855 1856 and 1851 In
the three years the number of Jobs confirmed was
sos, covering total assessments 10 the amount
OF 81 800 eo7 81; and in all these cases, except
| the one before referred to, the transcripts on
the ledger found correspond with Of
the original rolls the office OF the
In regard 10 many other contracts hcre have been frauds
IN the measurements and computation OF quantities. and
fraud by the ntroducton OF wall culyerts ans other
work not included In the original contract At
prices and advances have been made on these fraudu
lent computations and Legitimate contracts and covered
up by false entries in the books kept BY j. D. Smith in
the finance Department Payments have also been made
was connected, and falsely charged BY j. b. Smith,
the books ket by him, 70 the Jobs on which payment
bad been previously made in full or TO those with which
the recipient had no connection.
Most OF these cases enumerated In Statement No
have been under consideration before the Recorder and
are follows, VIZ
On the 1lth day Of November 1857 warrant upon the
Chamberlain drawn in the nand~rNng OF J. smith
purpong TO be Tor amount collected for construction OF
Forty fourth street for the OF 81
favor of John Fitzpatrick II purpor 70 be endorsed by
Fitzpatrick and certified underneath the endorsement OF
tnzpsirck's name, Correct, Charles pcvn,n In his
handwriting. This warrant depoeitrt by Dcvn to
his credit in thu Broadway Bank, the ilt day OF No
vcmber, and was paid by the Chamberlain.
An inspection Of the books and documents In the Comp
roers and Street Commissioners oloe shows that the
original contract for sewers on Forty fourth street were
entered into with other persons who performed the work
and we're paid ~ early M 1855
Neither Fitzpatrick Devlin had anything 10 do with
the construction Of those sewers
The OF Deyn testified before Recorder Barnard, on
the fourth day Of March last that the Endorsement Of
fhzparcks name upon that warrant was 10 the hand
ON tho Goth day Of October 1857, an assessment was
confirmed by The Common Council for paving Forty ninth
street nom the Ssh to the Eighth avenue, and laying
walk westerly side of the sixth avenue Tor
which work e. sharp contractor but who had
bis 10 John Fitzpatrick Tho total amount Of
said s2.s23 TO- said assessment and tho
thereof entered In tho ledger
tracts in the Comptrollers Office. subsequently the
amount frauduenty altered by placing before the
figures o. 1913 10 the figure 10 make the total
amount sf2 s23 10, instead Of s2,s23 10.
Afterward, the I'D 2itb day Of November, 1851
j. ID. smith presented a statement 10 the Comptroller
showing the amount due the said contract 10 DO si2 83
TO- Aforesaid and there thereupon issued 10 John
Fitzpatrick therefor three assessment bonds two for
t5 eco each ana Ter - 500 and check given 10 him
Tor the balance Of SO 10 One on said bonds for $1,000
assigned by said Fitzpatrick 20 Charles Devn, and
nterward assigned by said Devlin under bis own
hand, 20 Hswiey A Bradford, and by them again
signed TO Jacsb A. Robcrtsou who on the ID day OF
December 1887 presented said bond Mt the Compreers
olce, when Il cancelled, aud another issued 10 the
said Robertson In lis place.
The check for s23 10 endorsed by said Fz patrick
and deposited BY said Devn 10 bis credit IN the Broad
way Bank. and was pail by the Chamberlain.