New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-15
WHAT MR.. CHURCH KNOWS.
DISCUSSING HIS OFFICIAL POWERS.


BUT FINDS 40 ONE TO DISPUTE
HIS sTATEMENTS-THE COM
MITTEE ADJOURNs FOR
WEEK OR MORE
There was a lively prelude to the regular pro-
ceedings Of the Aqueduct investigating Commit
tee yesterday. As usual, it was caused by MI
Fish. Chief Engineer Church, the witness OF the
day. had been called TO the stand. lie was about
to begin his testimony when Mr. Fish asked per
mission to correct a published statement that he
was member of the Real Estate Committee which
reported in favor Of paying the New-Iork and New
England Railroad Company Sll2,50O for lana at
Brewster Station, which is actually worth about
$4,000. One witness lad said Mr.. Fish was on
this committee but the records show he declined
to serve, and Mr.. Dowd was put on in his place.
Afterward Mr. Fish opposed the committees re-
port The fact that The Evening Post had
used the missiatcment in an editorial reused inc
doughty Commissioners ire. lie said:
The Editor Of The Post" has chronic aversion to
telling the TRUTH II ! may judge from what the other
city papers say about him.
ANXIOUS TO HEAR MR. GRACE
No one disputing this assertion Mr. FISH con-
tinued by asking the chairman II cN-Mayor
Grace or his former private secretary had been
subpocnaed to testify. Senator Van Colt, who
presided until Mr. Fassetts arrival, said he did
not know.
Nj Fsh-Let ne have few blank subpoenas. want
what these gentlemen have 10 say about their
connection with contracts let to John Brunton Co..
OF which firm Morrison afterward became a member.
There was stir at this request. Corporation
Counsel Beellman jumped up and began TO talk
about the great injustice done to Mr.. Grace
by such remarks lie knew that both Grace
and Morrison were eager TO appear on the wit
stand.
Mr. Fish-wel. when shall have the pleasure OF
hearing them testify
Mr. Bcekmsn-Oh, 1 don't know. don't represent
them.
Mr. Fish, thought you did BY the way you talked
Mr.. Nicoll arose to take hand. Half
dozen began TO talk at once. In the midst OF
the confusion Senator Fassett came in lie
grabbed the gavel and pounded vigorously
One at a time gentlemen he called out
Yes, and let me be that one said Mr.. Nicoll.
He explained Mr.. Fish's request and it was de-
cided that the summoning OF Mr.. Grace should
be intrusted to the counsel Of the committee
Order is Heavens first law added Mr. Fas-
sctt, and il is also that OF the committee
MR.. CHURCH RESUMES HIS TESTIMONY.
Then Mr. Church, who had been an amused
spectator of the disturbance, began to answer Mr..
Boardman's questions about the expenditure Of
$500, geo of the citys money for extra excavation.
Mr.. Boardman-Mr Church. when you say 1000 was
spent FOR rutblc work and other witnesses swear that
sOooOoo expended for this purpose the differ
between you arises from the fact that you consider
rubhlc work necessary where they do not!
Mr.. Church-Yes, that IS
Q-Then it is not difference dollars and cents. but
Of opinion Ayes. suppose It might be expressed IN
that way.
Mr.. Church then repeated the explanation he
gave on Friday on this point, the substance Of
A. Ill -,
it. hid lot been for excavation outside the line
limiting the tunnel space for which the city should
pay.
Dwell, you haven't overpa.d the contractors at all
events A.-No, sir
The failure to keep the masonry line up with
the excavation as required by the contract was
taken up This was the fault Of the Commission,
Mr. Church said. as his efforts to compel the con-
tractors TO abide by their specifications were
thwarted by the Board In consequence Of this
the tunnel had suffered injury, ncccsStatins the
use Of rubblc work where otherwise it would not
have been needed \ good deal Of expense was
cntailcd by this very lack, for which the witness
did not hold himself responsible in the least
COMPLIMENTING TIE NEW COMMISSIONERS
Here Mr. Church paid a compliment to the new
Commissioners. Fish Barnes and Ridgway, that
made them blush. They had assisted the chicf-en-
gineer greatly, he said, and deserved credit. 1t
was pure guess-worl their part when they
ordered rubbe-masonry all along the line but
subsequent developments, he said, had proved they
were right
Senator Fassett-Do you mean to say that they were
better gues.crs than you were an engineer
Mr. Church-Ycs It happened in this instance
Mr. Churchs theory as to the extent Of his
official powers was discussed. Ii was his opinion
that he was the supreme judge between the con-
tractors and the Commissioners as TO how much
excavation should be paid for by the city But
he addel. have nothing to do with the equity
of the case
Mr.. Fassett-I should like to your definition II
equity in this relation
Mr. Church, mean that have nothing to DO with
whether the contract affects the contractors or not
Mr. Beekman-supposc your judgment on the line
A. A. A. should be disputed b. the contractors and the
matter be referred me- and that in settling tie VeNed
question should decide in favor OF the contractors 10"
would you actl q.
Mr. Church, should always. al all times give careful
attention to the Corporation Cohnses decisions but II IN
a,v instance knew that by following out he decision
tho construction work would weakened thereby would
override his opinion. -
There WAS long discussion On this point Finally
Mr. Fassctt said
Here is the point. Your business MI Church. Is to
no, all the facts engineering and legal and when you
cot them all you are to decide the matter and that finally
though YOU might be compelled to override he opinion OF
the Corporation Counsel
Mr. Cburch-Yes that Is my idea Of The matter
MR. CHURCH AND Mr. BEEKMAN DIFFER
Mr. Bcel,pan disagreed with this view and de-
clarcd that the city would not be bound by any
such decision.
Senator FassetThat has nothing to DO with the point
=, "a o,.stion for the courts to decide. The Chief En-
incer is the final arbcr Of the matter INT II docs not
prevent the city appealing That Is IN ACCORDANCE
with a welknown principle Of las"
Mr. Nicoll and Mr.. Lovatt took up tne discus
.io ,,Lich was finally terminated abruptly at the
snpccstion of the chairman. Nr. Lovatt the CON
tractors' counsel, remarked that he was glad 70
Gid relative 20 the supreme power Of the chief
engineer srd A, ,Ic
same time it rather frightenS me 10 know IT,
lLaughtcr) - IT,,