The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-07
FRAUDULENT OpyrpACrq

Al illustrative of concius ons embodied In tbs fore
going remarks your committee request the aentoe OF
nation OF the papers and books having reference O the
regulating and grading Of Second avenue from twenty
eighth street TO l2sd street. The following statement Is
Three contracts based The specification Of xork be
performed, were entered INTO BY the Street Commits
Section A, from Twenty eighth street TO the nor.hery
line Of Fifty third street, with Daniel Gallagher oontrsc.
dated February lsol entered on curb and gutter con-
Section b. from Fifty third street 70 Eighty sixth street.
with James Gallagher GATED January H. 1861 entered on
streets and roads contract book D. folio ITO.
Section O. from Ninety third street to i23d street. en-
tered into with John McArhur dated January g. 1851 en-
tered On streets end roads book D. folio 1884, snd
afterwards assigned TO John Peuigrew, OF the
suIetes
In addition to the foregoing folio wing supplemental
contracts were entered into ry the Street Comnis-
l. For cuivert section g. at Seventy fourth street.
dated January g. 1852, James Gallagher contractor en-
tered on book OF special contracts +, folio 4o5.
Forbuldipg culvert at lQ7th street. dated Mar Oh
A. lS6l John petterew assignee contract entered
special contract hook T. foio 80.
Fer building cuvert o. Tooth street, dated January
SPECIAL contracts +, folio iS3
These supplemental contracts 10 have been entered
into without public call for the bids by the Street Com
missioner, and the work contemplated by them
amounted 70 large sur the innprOprieiy Of private
tracts obvious the requirements Of the ordi-
prescribing the forms 70 be observed 10 masking
contracts were no, expllc, tuis point
60 0e0 cubis yards Of Rrth excavation, 10000 cubic
yards Of rock excsva. d, and 5000 cubic yards OF
earth filing, to be furnished by contractor. The
Surveyor return on This section is for 81 SOB
cubic yards of earth excavation, 40 446 cubic yards
Of rock excavation and As l7 cubic yards Of earth
mia hed making dffere nee abou, TOO AZ the bids
for excavation include the filing Of material excavated
without charge FOR the hng the surveyors shoald have
dssDs usDed the amount Of filing with earth Furnished
from excavation made by the contractor. There is
thing IN his certificate TO Indicate .his, or TO
account for the large differences between the
estimate mo Ie,nrn, nor .b Goes lie state Whether
own. account, furnishing at his own cost equal
quantity OF earth, and filling in the stree, where
quifet without these statements it 10 difficult to
see how the Street Commissioner the assess
could determine the amount due the contractor
and proper 70 be included in the assessment list
On section the surveyors return Of earth excavaed
does not vary materially from the estimate, while the
quantity Of rock sxcavsed exceeds the estimate by
cubic yarde, which, at the contract price Of Sic. per
cubic yard amounts 10 s25, 543 To-
The surveyor does Dot state whether that provision of
the col Iss which requires earth to be furnished ana
Oiled N where required the street. equal IN quantity 70
the rock which be taken by the contractor,
piled With and in view OF the enormous price paid for
earth bling on sectop q, this becomes very important
copeiderat rne assessors coui determine tho
amount due and proDer 10 De included in the assessment
without ais Information, nor the street Commissioner de-
termne the amount proper 10 be paid IN the contractor TIE
ssseesors Allowance for rock excavation at 81 40 per
cubic yard, c. yard than the contract price,
The excess amounting TO $50 90 TIE amount OF work
performed under supplemental contract on this section
amounts To $l4 ,364 ST.
On section the filing, per surveyors return, ex
ceeds the estimate for earth filing Dy 1863 GA cubic
yards amounting at contract price Of ~ cents per cubic
yard 10 the fum Of Sl2, O96 b6.
The Surveyor submitted statement explanatory Of this
difference which was owing principally 70 the marshy
nature Of the ground rendering it impossible 10 innate
the quantity Of extre hng which should be rendered
cessaIy by settling or snkage.
The amount cuded assessment for work done under
supplemental contracts IL tbs section $40 ,ss2 So
making the whole work on The avenue, performed under
authorized contracts, t35 267 Ca
In the assessment improper allowance OF slos Is
for sounding rods The hsstssors fees this improve
amount 70 10 80 which be sui ;ient u
compensate for more careful and thorough
Of their dutieg.
rroes bIunder ON the part Of tho contrast clerk,
Michael g. Hart in writing the special contract with John
Pettgrew dated March a. 1851 which have been
unnoced by the Street Comm ssoner the contractor
caselsssress with which contracts are executed.
The agreem ent with Mr. Pettgrew for the work
That all the work should lie laid in the form required and
thown on plaL 81 The same and done In the very best
manner nd 70 the satisfaction OF tue Street Commissioner
eyo IN charge OF the work FOR the cum Of thirty
~ cubic fool Including all dsmm.ne. pumping o
bhleinr, Draining all materials, and labor whaso
ever required 70 complete the same.
The contract drawn follows-"All the above work
70 be laid the form required and shown plan OF the
sane and done the very beat manner and {, the salts
faction 81 the Stree. Commissioner and the surveyor IN
charge Of tins work. for the following consideration for all
canning, pumping bseng or draining, including mA'eri
parties TO the contract signed it without read
rg 4, or very culpably executed H. with a
knowledge OF the error Had the contractors been allow
ed fer work according 70 this provision OF the contrast
than million Of dollars would have been required
10 satls'y the am.
The Corpvolsr states hat he made payment for
pumping water, &c, nor In compromise OF the
provision OF the contract but than $50 600 paid
in allowance for interest 70 Mr.. Petigrew, which 10 in
usice 20 the taxpayers the being required
the Of the specification which his bid based
10 receive payment as the amount should be collected
from asscssnents and doubtless made allowance for any
probable delay IN the receipts Of his money the price
proposed for tho work This payment authorized by
the Common Council ff contracts may be entered into
without the usual notice and formsties required bv Law
and may make such allowances they ft
without reference 70 the legality Of the contracts the
correctness OF the surveyors returns In difficult 10
Whist protection property owners have or what other
mode than resort 10 expensive and troublesome tgs-
ton 10 prevent their estate from being made subject
10 excessive aud unisst li1ns.
The follow NJ table has been prepared IN show tho
suits Of this investigation instituted by the late and
tnued by the present Common Council, together with
items reported by Mr.. Conover.
The amounts either loss 10 property owners 10
the city treasury.
tath s fassipg saith IT 81 TO 9Th sv.........so4e
OverTayment on lanai street. ofps
9th s. regulating and grading sh 10 9th $500
4sth st paving sth 70 pth av.......... ...... 200
b2d II curb and gutter and Tagging I'd TO I'd 1880
4pth st paving 9Th 10 stb ...-...........1l 07i
sd ST. reg curb and gutter and ar h,h 9Th 400