New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-06-28
BRADY'S UNBALANCED BID.
WILL HIS ASSIGNEE GET THE MONEY,
THE CORPORATION COUNSEL HOPES THAT he MAY
HEAD HIN OFF.

THE CORPORATION COUNSEL HOPES THAT NE NAT
HEAD HIN OFF.
The question of paying the remainder OF Tire
claim OF Bernard Brady. assignee Of John Brady fof
regulating aud era ling Nincy,nfth-st from Tenth-ava
to Riverside Drive. is again ths subject Of cotrs-
spondenco between tho Controller aud Corporation
Counsel The claim grows out OF Of tbs an5 .laaosf
bids awarded by tho Department OF Public Works. which
has heretofore been exposed In rHE TRIBUNE The work
surveyed By Herman X Ycle. ani on ais repor, OF
the probable quantities OF rock and earth to be
waited tho job vas awarded to Brady. Endlser Me-
Lean. Of the Finance Department. who hss m ,de
fu examination OF the work DONE reports that fair
! price for It would be For rock excavation,
| 81 so cubic yard; earth excavation. 10 cents
cubic yard; furnishing and laying curb.
| 70 cents linear foot; furnishing and
laying tagging. % square foot According to
these figures the Nm certificate OF the Surveyor woIf
amount to S265iI 10 By the terms OF the contract
amounts to 81 1895 GO. The amount actually paid TO
the contractor up to date Is S73,676 49, The work
returned by the inspector Of Department OF Public
Works completed on May 1s. 1885. AMI Surveyor
vele flied his nnal May 27 of that year Ac-
cordng this the amount earned by the contractor
was "a follows:
1867 cubic yaris earth excavation at So .sl7336oo
1881 caoicyar . rock excavation at CENTS. Io7
lO.45sa feet tagging &C i. cent 26l+
A., sll7s.ss g
Total amount earned ..:....slis9lsg
Certificates for 20 per cent payments on the con. -
tact were made amounting TO- --..-----.-- s2l7oos
veyors certincsIe .,.. =. -. s5ii7l72
dacted az secuiy for repairs the su q Of -. 3lsO
certdca ate ... s2LiSO22
The assignee Of the contractor claims payment for
1888 cubic yards OF earth excavation over and above
amounting to sG2.26 The total claimed !, Sl7s9l2 So
The surveyors estimates. on which the bids made
| q act "A "a
dturr o. Sl5676 p These were based on the SUPPOSE
on that The mos Of the wonli be Tao
first payment on the contract sll2Oo. male ny
Controller Grant on sepembcr IL 1883. aud tue second
$4,000 75 on November l.. 1888. Without any qIrs
lion Gavmg been r,.rd Tue ira. character oi IN, lob
was mad Knowo in The TRIBUNE IN D-crmb.r 1888
In consequence OF hsrxpcure the Senate Of issi male
exhaustive inves gaon OF the Job. an AZ the same
time tn special Grand Jury OF the Coir, OF oyer aud
Termim-r IN e. the direction OF justice Davis made
thorough examination.
AtGer ths completion Of these two inquiries. tie con.
contractor prosecuted hi- cain Tor inrd pay melt
ami, this refus d by the Finance Depart
,,nt were transmitted by the Corporation Coun
the Fin ,ncc Department, with r"qaest for in
formation. on August %, 1884 No answer Was miie
0y Controller Grant until OrtoDer T. when he sent
communicate ~ ncoslng ! letter from the DepTim'ns
fences known those winch had been connunl-
Gated orally 10 an assistant In tn" Law Department.
Mr.. Grant requested that AL proper LEGAL steps be
taFen lhe WAS tried IN tue superior Court ana
"a Judgment tor Sll.404 s. was recovered By tho
Contr ,ler Grant succeeded IN November, 1894.
by Edwart V. LDew, VINO favored cont-s INK tue ont
raguous claim OF ,dy TO thu utmost Ihe Corppr ton
Counsel Informed un that the court neli ha, unlrss
could be sAowm that there was cOlluson between tho
contractor aud surveyor the city hal no defen'e,
This could not he done me tractors c n pust
be pa d. The contractor .sEned MS IN u Born ara
Br.dy. On Au-n-t - 1852 the tonlr'ler a.kei the
Corporation Counsel "netl,r tlr cry WON no, we
defence gainst the painn Tor prlhzh< us 'u t' "hr
instament month aft r b. had armed M, maj pay
ment. aud had cla nei s62, 900 IN addition Tho
Corporation Counsel rep led that the work had never
been accepted by tue Department "f Pabc WORKS anL
therefore, the hntl pa Was hot uHe we, the
action recover payment the install cent WA. begnn
We asKei II there were any n facts on whch 10 oate
had no further ieencr offer On Octoner 1 The Con-
roller asked that his defence suggested on August
II be- set up ~ "A bar 10 tine cl im Tue 90 ppratl'n
Counsel rep led that ne asrrei with Tue Ell tha
tue claim lalons one. but un s. ne wa tir-
MS ed with facts bearing tue claim To nt"rpo-e ~
defence tue CHANCES OF ultimate recess "-r" mrdsre.
with Tue Finance Department W len came t. n thlhs
hegan final -n ss,inst the city to comp;i pay nent OF
the large amour, that he cla ued wa due i'm. Tue
summon. an complaint in thIs action were aSan u ',-
mite tue FIN nce Dep r nrnt WIN ne iie,t 10,
fact, Tor TIE defence. Tie Controller on June replied
10 he 60 oraon COUNSEL asking that PrOorrllhks DC
taken set asd the hrst judi meat on the sroinl tas
hIndng force ~ act which i, plalDuf re-
poses" The Corporation Counsel INV a-k'; ,h, .o,-
lf yoI will communicate to me wust thi, over,
wlrlmluy evidence i. where 1t may he lOi1d VIII
pro@p .a "dvSe y S D Sou be Of 10 ii
to apply to succeed in OBTAINING an or Ter "nenS
shoII he o. ened. AMI In the cone uson o. nr com.
atom yon. with great force and emphasis Ask that
snail tbs eNtrnce OF - second Jui IN it
defence a'isn, out OF tho all ton tnat ioe tue
second suit BEGUN the entire work covered ny ts
action na conuled II H. OF course. necessary or
me 10 know cu your deslr--tha tine Last lhisneht
shall retained defence ati,ing out OF the alleged
serrrauc. OF a. ton riIrt shall also 'e ma 10
10 or-n II on ground ~ those which assume
Won ara rapare to furnish To ne As the has OF tue ap-
plra lou iu opnlng the first ugnent for II vi be in
uoSslhr the time "u O'th lutsun ht- ana 70
sncc. ssfuv rely the existence o. 80 s-'oni 10
the claim in su Am pre- sarri To make VIGOROUS
an hole defence For the tnteu ,nce OF tss ie-
fence. however, rest upon PROOF now IN NY hihl-' OF
W len th, cn.ract r /. generally known 10 you, ana
which | do not 4 sire shalt be eq ally well known 10
representatives of the p sin III in advance o re ina OK
TINS acti IN AID Of princi al ob' tons on my
par 10 AN effort open the rO'm.f i1gnent Is fro
tho that effort would olive the disclosure
th, trs nony. which TO me seems or great c"hsc-
que nee alt nOt able os " as some one seems
10 have tnat It sIncint t. show beyond qucs ibn
that Brady iii 10 the work Will h, In the for"er
suit- he ned iud gments against the city II sich
be that testimony ali ha'c fiie 10 on
serve IT, sIoit be very mr'h obiiget tn ypn II you
would pom. it to for tpat, undoubtedly. wnud
m,dlfy to some extent ny opnioi to tue adysabiV
o: mvyln, 10 open former judgment
DEDICgfTlG A METHODIST CHTR0H