The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-16
rwsBD's ooErRA CT WITH DROWN.
Delay In judge Dcnohue's Court- Hinderirs
the Improvement Of First Avenue.


The Improvement Of First avenue, be-
tween Ninety-second and One Hundred and
Ninth streets, has been long delayed. A con-
tract was made for the work IN 1871, when
Tweed was Boss. The contractor was John L.
Brown, and there was no advertising for pro-
posals. The price for filling was to be ninety
i've cents per CUBIC yard, although q fair price
at that time would have been nifty cents. One
dollar per lineal foot was 10 be paid for curb
and gutter. 1t was estimated that bO0,0OO yards
OF filling would be required, which alone would
have amounted to s475,0O0. Even double prices
did not represent all the profit. The contract
called for filling with good, wholesome earth"
In the same year Brown had the contract for
special street cleaning, and the garbage which
the city paid him for removing was used instead
Of the good and wholesome earth mentioned
In the contract. The fall OF Tweed came, and
then Brown got permit from the Board OF
Public Works to regulate and grade First ave-
nue.. from Nnety-nfth to Ninety-eiRhtb street,
where, II is said, he was interested in property.
commission, consisting OF Josiah sutherland,
II: G. Van Worst, and ID. X. Jaques, was appoint
cd to examine the Tweed contracts. and within
ninety day to reject those thst were fraudulent
and approve the rest. Work on the contracts
was stopped. They did not act upon browns
contract.
Brown lad only been m onth In possession Of
the contract when he stopped work Aug. g.
1871, a city surveyor had certlaed that he had
done work aud furnished materials TO an am cunt
Of which $50 1856 was % per cent. Tweed was no
longer able to protect hts contractors, and
Brown determined to try to get payment for
what he had done. He secured from Sutherland,
commission by limitation. certificate to the
effect that mo fraud had been perpetrated In
relation To said contract or agreement, or III the
performance thereof" In July, 1872, while they
were still commission. City surveyor Even had
sssneu se noe g .mai pw an f nS
with "refuse matter from the streets. Never
| theless Comptroller Green, having refused pay
t3j,l65 ON March 81, 1879 two weeks after he had
| oUt ined thi. certificate. Tue law DELAYED until
| Commissioner Fitz John Porter took office. lie
notified Brown that he should hold that con-
tract TO oe void, and forbade him TO do any
! more work under It.
| Brown died ON March o. 1875. He had put his
| property IN his wife's name. In My, william
| A. Sc yer was appointed special administra-
tor Oy the SurrOg tie. and his name was sdbsti-
tuted III the prosecution of Browns suit against
tue city. In July, 1915 pending toe trial. Com.
missioner Porter notified the administrator and
the sureties on the contract, among wnon was
| Oh rles q. Waterbury, that unless the work was
physical impossibility, the department would
40 on and complete It. Cpon receipt OF this
notice Waterbury notified the Commssionerr
that he was prepared to anish the job, provided
| payment was made for the work already done.
He theu procured authority from Sesver, the
| administrator to act as his repre.entauye In
| finishing the contract, and notified the Conn
missioner, Oct. 4. 1875, that he proposed to nnsh
1t. but he did not obtain any authority from
Mrs. Brown, who, as the assignee OF her hts-
| band. owned whatever value there was In the
| contract. The Commissioner refused to recog-
nize Waterbury's authority. + ,rly In October
| he invited proposals aud issued separate con-
| tracts for the n ling to John A. Bouker, Charles
| Jones, rnouas y. McQuade, II. II. Brown, and
| Eugene Mccarthy, anu they went on with The
| work.
On Feb. IL, 1876, Seaver, as administrator, OBJ
| tained judgment against the city for tS.lbd ID,
| with interest ana costs. The city appealed. To Mr.
| Waterbury IL attributed a clause Ia the Woodin
| charter authorizing a surety to COMPLETE any
| work which his principal mad faied to perform
| n Gov. Iiden had not vetoed the WOodlD charter
| Mr. Waterbury would be In much improved
| position. But soon as judgment had been
bury obtained from Judge Dononue a tempo
rsry injunction restraining the city and the con-
tractors from proceeding with the First avenue
Improvement, or interfering with him IN carry
Ing out the Brown contract. he argument
on the motion to make the Injunction
permanent WAS heard by Judge DOnonue
the third Monday OF March last
Tho contractors could have completed theiI
work by this time. The assessments cannot bs
Is finished.
Devlin & Miller, claim lawyers, have nled In
the Comptroller's department a lien OF 5000
for counsel fees in behalf OF tue brow estate In
the matter OF the First avenue improvement
u. W. West, another claim lawyer, nas Med
lien Ct $4,000 aud Judge Fullerton and Joan ii
Strahan another lien OF $1,000 making tota
OF $1,000 due the estate upon Browns stree
cleaning contract. On another cl im for reRu
lating and grading icnth avenu amounting *
SlJOUO, bat which the Comptroller compound
ed for <SO,OcQ, Devlin Miller have nled lien u
t2o,UO.