New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-06
STRANGE AQUEDUCT WORK
PAYMENT To CONTRACTORS FOR EXTRA
WORK WITHOUT WARRANT.
RUBBLg WORK NEEDLEssLY ADOPTED FOR THb
WHOLE TUNNEL IN GENERAL NEwToNs
ABsExCE-IMPoRTANT TESTIMONY BEFORE
THE SENATE coMMITTEE-THE cITYs
MONEY wAsTED-HAPHAZARD WORK


THE SENATE coMMITrEE-THE ciTYs
MONEY wAsTED-HAPnAZARD WORK
N THE CONTROLLERS OFFICE
1t was intinated that yesterdays session Of tbs
State Senate Investigating Committee. which has
been exposing the corruption in the new Aqneduct
work, would be dry and unimportant SO IL
for awhile at first. but after the examination OF
the first witness General Newton, had gone
little way, the evidence became decidedly inter-
estng, and before the last witness. Corporation
Counsel Bee1man had stepped down from the
stand the proceedings had assumed highly SEN
sational phase startling. in fact, in many
respects as those OF any prev ;ous day.
Two especially important and surprising facts
were brought out. the first being that the change
in the policy OF the Aqueduct Commissioners
whereby rubble work substituted for dry
packing throughout the entire length OF the Aquc-
duct-whether the ground happened TO be good or
bad made without the knowledge OF General
Newton, the sole representative of the city's in-
terests in the Commission. BY this change, which
General Newton himself. well almost every
other intelligent disinterested man denounced
utterly unnecessary the contractors secured some
thing over sl,OOO,0OO from the city. D.
PASSED IN GENERAL NEwToNs ABSENCE
The resolution authorizing il was passed by
the Board when the General was absent on account
of sickness and well the knowledge Of 10
kept from him that he confessed on the witness
stand that the first authentic information of this
action came to him since the Senate Committec
began its labors In other words the majority
Of the Board knowing. his decided
opposition to the iniquitous measure, took advan-
tagc of his absence passed it and then practically
said nothing about the matter for the resolution
embodying the change wordcd that
the General declared, a person might read 10
three four times without gathering the full
import OF it,
UNLAWFUL PAYMENTS FOR EXCAVATION
The other fact established was even more sur.
prising and involves fully much money. Foe
months the Controller has been paying the con-
tractors for eight inches Of tunnel excavation
outside the line prescribed by the contract. This
was done both by Mr.. Loew and his SUCCESSOR
Mr.. Myers, the present head of the finance depart
ment on the belief that opinion iustifying
this payment had been rendered by the city's
legal adviser. But yesterday Mr. Beelman and
his two predecessors, Judge Morgan J. O'Brien
and Judge E. Henry Lacombe, testified that they
had never given any such advice. Yet already
nearly ss00,O 900 of the ctys funds has been paid
out in this way. All of this except about s5O,0 900
was paid by Mr.. Loew
Mr. Myers learned the true condition Of
affairs only few days ago, ho
says, and at ceased honoring all
drafts for such work until he had
received advice on the subject from the Corpora
ton Counsel He has money enough in reserve
on the Aqueduct contracts to cover al that has
been advanced in this way, that the city will
not sustain any loss The Aqueduct Commission
ers of course, were in favor Of paying for tho
extra excavation and in fact had authorized IL,
although no settlement had been effected with
the contractors. who as is generally well known,
boldly insist that they entitled to every square
inch of superfuous excavation they have made,
regardless of the specifications Of the contract.
| The proceedings were began promptly in Part
| II of the Supreme Court at the appointed hour,
| ii a. M, although only two members OF the Com
mittee, Senators Fassett and Van Cott. were
present. None of the rest appeared. There was
the usual crowd Of spectators. including Aldermen
Cowie and McMurray. Assembyman Morgan.
Aqueduct Commissioners Barnes. Fish end Ridg-
way Contractor John O'Brien. Chief Engineer
Church and the ex-divison engineer, Mr.. Craven,
who testified for four days before the Committee.
General Tracy's serious illness prevented his at
tendance. His place examining counsel was
taken by the stalwart Mr. Boardman De Lancey
| NicolI appeared for the absent Democratic wing
of the committee but found little to do. because
it was simply impossible to break the force OF the
testimony offered. Mr. Lovett Clark g. O'Brien's
counsel was on hand promptly. lie desired to
have it understood that he only represented this
! firm.
GENERAL NEWTON THE FIRST WITNESS.
General Newton, the first witness, said that be
had been connected with the Aqueduct Commission
less than two years. Early in 1887 the question
came up in regard 10 the settlement OF the con-
tractors accounts for arrears claimed by them for
extra excavation. This before any opinion
mad been sought from the Corporation Counsel
on the subject These claims first came up at q
meeting of the Committee Construction. Tho
contractors claims were various. Some OF them,
particularly Mr. Mclean, of Brown, Howard x Co,
wanted pay for all excavation. Heman Clark was
willing TO take compensation for the excavation on
the basis of the crossection plus the space for the
masonry necessary to keep this cross-secton in Its
place
Afterward- remarked the General, Mr..
Clarks ideas became more dlffuse. lie wanted
more, but he never went quite so FAR as Mr. Nc
Bean 1t was asserted that in allowing extra
payments for the tunnel excavation the Commits
soners had acted in accordance with the advice OF
the Corporation Counsel, but long opinion given
by Mr.. Lacombe, which Mr. Boardnian read failed
to prove any such thing. Mr.. Lacombe's view.
which was substantially the same as that taken
| by General Newton, that where extra excaya-
ton was required for additional masonry, and Or
dered by the Chief Engineer, II was TO be paid for
by the city; the Chief Engineer, however. and
not the contractors, 10 determine whether such
digging was necessary or not
Some of the Commissioners did not agree with
the Corporation Counsel They adopted q report
of Chief-Engineer Church instead which the
witness did not think proper Interpretation
OF the contract General Newton, thereupon
brou ght the Boards action TO the attention Of the
Corporation Counsel. The result another
letter from thai official, and a compotc bacl-d0wn
on the part OF the other Commissioners. This
practically settled the matter, at least TO the sat
isfact0n of the General, but IL reopened
shortly afterward. in the fall Of 1887 The con-
| tractors did not propose 10 give up so easily.
Judge O'Brien. who succeeded Judge Lacornbe as
Corporation Counsel, the witness said, indorsed
the view Of the contractors claims for extra
payment taken by his predecessor.
THE CONTRACTORS WOULD NOT COMPROMISE
When the question came up again last fall
special committee WAS appointed tc confer with
the Corporation Counsel, the Controller and
the contractors. Several consultations were held.
A plan of settlement was finally suggested by tho