Evening star., 1869-10-05

outy " supeIiuteno the WofK, ana II the
earth was Improperly deposited it was
Cranes fault; Crane, In the contract Ii re-
quired to direct the contractors where TO de.
post the surplus earth il he did not. the con-
pleased; IL be was not present when excava.
uons were made, and gave directions as to .he
surplus earth, Crane failed to perform his duty;
matters are by law and contract with the Com.
mIesloners; there could be but one charge
either for excavation or embank kment. il the
embankment In the four streets should be
$1,000 cubic yards, and the excavation 7O,OOO,
and the Commissioner failed In the perform
ance OF his duties by not directing the con.
tractors where 70 deposit the earth excavated,
the contractor under such circumstances would
have . claim for embankment, as we'll as exca.
walton, if he had to 60 70 other places to get the
earth; OF course, the Commissioners will or
faithfulness is always an element in contracts;
contractors; IL there has been any earth which
can be spared from any particular excavation.
1t is me Commissionsrs duty 70 have it put in
for the best interests Of the city; of course he
cannot have II carted an unreasonable distance
"a mile or two, for instance: have heard il
said that q contractor should rot remove earth
over 500 feet-some say 500 yards.
Question here followed question, seemingly
OF purposeless character, and always coming
back to the point from which they started,
when Mr.. Bowen addressed the committee IN
remonstrance against such u course. He said:
II am willing to sit here and BE- interrogated
III any question VIII AFFORD any
light to any reasonable man, but to be confined
here evening after evening for the purpose OF
being worried out, is q thing that cannot SUBJ
NIT 10. lnave answered the questions mp 10
the present time fairly, and kuow honestly"
Col Cook here answered an interrogatory Of
Cranes: .sNo, SIR; 1t is for no purpose OF fair
investigation, but II is an attempt 70 probe other
matters not legitimately connected with the
subject, and to do il Indignantly, too"
Mr.. Bowen continued: ~ am not TO be made
tool OF here by any means fer any purpose.
have done my duty, and Crane knows it,
The contractors were under no obligation TO
place earth excavated from any OF the streets
named in the contract into other streets named,
excepting the obligation OF contractors to put
the surplus earth there directed by the Conmis-
sioner-the whole disposition OF the surplus
earth rested with the Commissioner, &c, &c.,
&C.: there could be no payment-no settlement.
that is-of the contract without the CommIs-
sloner's approval; there never is-there never
has been, except in one case, already ex-
planned as mere inadvertance; no law or Gus
tom requires his signature or approval in
making advances-it il only req uired by Law
when the work is completed, and before 1t is
accepted and paid for; he satisfied him.
that the Corporation was perfectly safe
in making he advances, there having been
more work done than the estimate called for;
he made the advance In that case al he had
made in many other cases Of contracts since he
had been Mayor; il had been customary for a
great many years to make these advances ne
never, DeIOre crane . cndrReS, saw tnat clause
OF the contract which provides that .sno part
Of the appropriation will be paid until ap-
proved by the City surveyors" IL was not in
The contract when he signed 1t: how il came
there was mystery TO him; nor were these
other papers a tached TO the contract; the max
ing OF advances upon contracts were no viola.
tion OF this clause; ad 1t been a violation of il
he would have made no advances-custom had
settled thar; If such were not the case in con-
tracts amounting 70 s2J,0UU and S3O0co, none
but wealthy men would nave any chance 10
make contracts; the poor man would stand no
chance OF getting work from the Corporation;
the conseq uence would be complete monop.
oily of II among the rich men; there could De
no competition, and the Corporation would
necessarily have 10 pay double what IT now
Here followed a great deal merely repeat
ing the substance OF much given above
The amount paid on this contract so far is
sS,7i5; proper vouchers or receipts were OF
course taken for his money. THIS money was
his men were suffering greatly for their pay,
and unless portion OF the money was ob-
tanned they would have 70 stop work and
abandon the contract for awhile; so, on con.
sultng with the Register, and with his advice,
we agreed 10 make The advance Boswell was
Register then. These advances are not pald
out Of the treasury. nor out Of the National
be until check is made for the amount, and
eountersianed by the Register; nor does Mr.
Huntington SO regard 1t. In making these ad.
vances every precauuon was taken
through estimates and otherwise, that the
Corporation should be perfectly safe. This
money was advanced 70 Colonel O'Beirne
loan TO these men by the bank; so Mr.. Huu-
tington understands it. Colonel O'Belrne was
their financial man. OF course all money
advanced was drawn in favor of Donovan,
the contractor; NO money can be drawn
without the consent or approval Of the
Register; he is the financial guardian
Of the Corporation. He must first draw the
check and sign il, before IL is brought to him
to sign. The Register, therefore, is as much
responsible as the Mayor was, and even more
so. Why, then, is nothing said, IL there is
the Register, while he (the Mayor was 90
heavily berated; ne had no conversation with
OBeIrne about this contract before il was
given: he had conversation with O'Beirne
and others about y ork In the Fourth Ward
as a means Of assisting the Rep public,ns in the
June election; TO give them employment to
encourage them and 10 prevent their leaving
the Ward; he never previously had an idea
of o. 'BeIrne becoming a party to a contract;
II was false that he had said TO Mr.. BLISS that
his estimates for X street were not halt large
enough; the contractor did not claim a right
to the advances, but solicited them as a favor,
as a means OF keeping their men from suffer-
ing or starvation; the laborers OF tae Fourth
Ward had peen paid up 10 that time-it was
Cranes fault-he had told Crane that he
would not approve his (Crane's) pay rolls
they were not proper 10 be approved-he
would nave TO send them to the Councils TO
be acted on there before he could pay them:
the advances made in this case Were
made without favoritism in any form:
they were made each time only after
consultation with the Register, and by his ad-
vice. he did say TO Stephen Tally, who has a
claim OF $3.50 against tie Corporation that there
wss no money; there is a wide difference be-
tween paying monied man q cla m and al.
yancing part to enable TO save their laborers
from starving he had idea that II is any oblect
OF the Government. even where it has made q
harsh contract as this has been. to exact harsh
ly its literal fuiflment-to treat its citizens
harshly; he did not know exactly whether the
last loan was made during the term OF the
present Register or that Of his predecessor-if
In June last, IL was In Mr.. Bos sweIl's-,f IN
July, that of Mr.. Cooks; had as much conf
dence In the estimates Of The Surveyor as he
cou Id have in the word of the OommIssioner;
Gleason had complained that Cranes conduct
towards him Was malignant
Mr.. Bowen here desired TO say, in reply 10 an
interroeatory Of Cranes, that he made arrange
ments for paying the laborers for the month of
June-all Of them-as he supposed there would
be money enough 70 pay them all. He had
made calculations FOR expenditures for the
different wards Of 90 much money. IL came
round to the Fourth Ward, when the pay rolls
proved 90 large that he considered it his duty
at the time TO withhold hfs signature from them.
After that demands came against the treasury,
which depleted it 20 that there were NO funos
whatever 70 pay them, and there had been non
frem that tune until loan OF S60,0O0 was made
by the bank the other day TO pay them.
Mr.. Bowen resumed:-He may have told Ger.
tain parties that Crane was, In his general
business character, competent man, but ne
N a hDadstron1. r0ckleaa n oxnonditures