New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-19

ance of any other work required by the contract
which power under the original specifications could
only be exercised by majority Of the Commission
crs; which change was made with the corrupt and
fraudulent purpose and intention of allowing q
corrupt City Inspector TO dispense with the sweep
ING of the streets and the performance OF other
work whenever it should be made his interest to do
so.
5. They inserted in the amended specifications
and in the contract made clause by which either
a majority of the Commissioners or the City In
spector can approve the construction of the ma
nure boats or scows and prescribe the time that the
said boats or scows may remain at their berths;
which power under the original specifications could
only be exercised by the City Inspector; which
change was made with the corrupt and fraudulent
purpose and intention Of taking from an honest
City Inspector, if such one should ever be, the
power to regulate the matter in such manner as IN
his Judgment the public interest and health might
REQUIRE, and this change and the one last above
specified being made for the purpose of giving the
contractors two chances for escaping from thor
duties.
G. They changed the provision Of the original
specifications by which "ashes, garbage sweep
ings and rubbish" if properly delivered or placed
were TO be removed from the front of "erery dwell
ing house, store, or public building Tor other ed-
fee" so as to read in the amended specifications
and in the contract made, "ony Westinghouse,
store, or public building which change was made
with the corrupt and fraudulent purpose ana In
tenton of weakening the requirement in respect to
buildings generally and of not requiring the con-
tractors TO make any removals from the front OF
factories, workshops, and many other private
buildings.
Z. They only required by the amended speci-
fications and the contract made the contract
ors to wash out the cutters during the Sum-
mer months as often as they, d" the contractors
may think necessary" or when required by the
City Inspector, unless objected to by majority OF
said Commissioners, which work, by the original
specification to be done often as required by
the City Inspector; the change being made with
the corrupt and fraudulent purpose and intention
of leaving the performance of that part of the work
in the control Of the contractors, unless the City
Inspector and two other Commissioners should
unite in requiring the cutters TO be washed otcner
than the contractors might think necessary.
8. They substituted for the provision Of the
original specifications by which the dumping
grounds and docks then in use for the purposes en-
braced in the contract, such Others as the Com
miAipncrs or a majority of them might designate
in lieu thereof were furnished TO the contractors
FREQ Of charge, provision in the amended spccif-
cations and in the contract made, by which the
dumping grounds, dumping boards, docks and
places of deposit for sweeping and manure then in
USE and such additional ones might " be found
necessary" should be so furnished, and that no
change should be made without ~" ~~-~~-' 80 "a
contractors with the corrupt and faudulcntpurp0se
and intention Of allowing the contractors an oppor
tunitv to excuse an insufficient performance Of the
contract By alleging that the necessary facilities
for dumping were not furnished, and further, Of
taking from the public authorities any and all con-
troll over the matter
Q. They substituted for the provision Of the orig
inal specifications by which the contractors were
to be furnished with the Croton water necessary to
the Performance of the contract free OF charge, .
provision in the amended specifications, and IN the
contract made. by which The Croton water which
the contractors may deem necessary, is 10 be fur
nshed free of charge, subject only 10 the rules and
regulations of the Commissioners which change
was made with the wrongful purpose and intention
of taking from the CrOton Aqueduct Department
all control over the use of the Croton water by the
contractors.
10. They omitted from the amended spcciiica-
tons, and from the contract made, the section in
the original specifications by which, if the con-
81. Ia.
Commissioners were authorized to annul the same;
in which case the City Inspector was to proceed
and do the work required by the contract at the ex-
pense of the contractor and his sureies for the I'M.
expired portion of the term Of ten years, or until
new contract should be made under the provisions
of the said act; and in case the expense of doing
the work, or the new contract price should exceed
the old contract price, the contractors their sure
ties were TO pay the excess monthly TO the Con-
roller, and substituted therefor in the amended
specifications, and in the contract made, a section
numbered up with useless verbiage, the substance
of which is, that, if any Commissioner shall con
.idcr that the contractors have failed to perform
the contract. the City Inspector shal
notify them in writing Of the default
and if they do not, without an answer
able DELAY, comply with his requirements, h
shall notify his associate Commissioners Of tn
fact who may thcreupon meet, hear the con
tractors, declare the contract terminated, and serve
the declaration on the contractors and their sure
ties in which case the sureties or any OF then
NAV assume and undertake the performance OF tn
contract within twenty-four hours thereafter, an
thereupon all claim against the original contractor