New-York tribune., 1888-08-30
HOPE FOR THE AQUEDUCT.
run NEW COMMISSIONERS MAKE A GOOD
~AAA' BEGINNING.


,vevxr THE FACTS ABOUT THE oUEs.
-, ALLOWANCES FOR EXTRA EXCAvA. 4
a AND ASK FOR THE CORPORATION =
rnursr,,s ADVICE IN WAY THAT q,
uusr BE EXTREMELY UNPLEASANT
ro THE CoNTRACToRs--AN OUT
LINE OF THEIR ACTION.
AN the Aoueduct Commissioners except General
w.~ton were in their places at the regular meet
inc Yesterday. The greater part Of the time OF
The meeting was taken up with the report Of the
committee on Finance and Audit, to whom the
Commission had referred all contract estimates
awaiting the Boards action, with instructions to
ascertain whether the cross section limiting tun-
mel excavation was determined by the Chief En-
eineer in conformity with law and what extra
tunnel excavation had been made in pursuance OF
his orders, with all the dates and data relating
to the subject thus bringing up the whole sub
iect OF withheld estimates defective work, and
allowances for extra excavation. The commit
tee find that there are awaiting action monthly
estimates from February TO June, inclusive, on
Sections Q g. and 4. the work Of Brown, Howard
& Co., amounting to si375a3 II, and monthly es-
.ima,es from April to June, inclusive ON CT ons z,
8. and o. that Of O'Brien e. Clark amounting to
sll3,l29I4: total, $3.50, ,722 SIS. The defective
work for which these estimates were Withheld
rs security TO the city was estimated by inc
Chief Engineer or July "a, 1888, at s365,5OO
divided as follows: Brown, Howard Il Co., s263,-
600; O'Brien K Clark, SlOo,50p
The committee decides that the now famous line
A A of the plans, limited at once the contrac-
tors obligations as to the extent OF tunnel cXca-
walton and what should be paid for it, The
committee says:
II IS true that hard rock cannot be cut out as with
n Knife or saw and thai in blasting for the purpose
II cxcavatng to given line contractor m a mu'1 ,,e o
but that Is matter which the contractor must pe
deemed TO have taken into Of ,bO mne
The city required him 10 eXcavaio to gwen It. nhc
and agreed gre %S to pay more m whehr in eScavanG 10
thar line he would as matter Of iar, eMcavae huen
upon his skill and carefulness and the character OF
explosives used
Irntil early in 1887. the committee finds that
the contractors monthly estimates so far as al
lowances for tunnel excavation were concerned.
were calculated except in tmbcred sccnons' so
rs to allow them area of excavation circnm-
scrbcd by the outer permoter OF the orlcK MAS
onry lining Of the AQucduct, that is. by thc Ahc
AAA The report then SAYS:
uoward @a'""1 Co. and oBrlcn & CLARK conc!dcnally
Complained by letter 10 the Aqucduc commission ai.S'
tion They then asserted the claim which as I'VE we
understand they s adhere TO- ana ,nea,Gn tIt ibry
sre entnd to be allowed for tho total area actually
% ed by them Go sho%n 9a So the draw
or specially fixed by the EnSneor. ms MS on lam
eIbcr 1i by the AGnedmc Commission or The present
or any former Counsel TO tAe Corporatloh, in ct
N ,bot t no payment will be made for any excavation
outside Of the crosssccton oi me tnnnei eA ,h namt
os The eontpsctors seems to be absurd aud m
founded that impossible to 6esss ss ,haa nrosab,y ad M
vnScd SOLELY upon the theGTy smsd sha somehSr would
surely be given
The committee devotes many pages to review
of the statutes and contracts, with liberal QUO
tatjons from the opinions and letters OF Judge
Iacombc. Judge OBrien and Mr.. Bcekman IN
which the noted typical cross section comes
in for its share OF discussion and Interpretation.
The committee final conclusions are embraced
in the following resolutions which were aoop'eu'
pesovcd That the report Of the Committee on
Finance and Audit dated August 30, 1883 ical.'3 70
allowances for tunnel excavations. be transiteo ~
the t0"nsc TO the Corporation 10. ms G cH m d,,oe
and consideration and that he be iequcSte" 10 ao'so
"'f ffirrs1.Wboiher the allowance agSegating s3s3-
<os ~ made 70 thr contractors after May 70. leo',
or tunnel excavation done ior 10 o o1 and l beyoOd
Tho outer permeer of the tweve-lnch brick hnhs
masonry was lawfully made. 80. ,rs,,,,, r,,da
,~hether 50 much Of the amount as has been pad 10
te contractors lawfully be- ana shohid De ic'aiho
ccome due TO said contractors for work done upon the
sec ions above cnnm ,raied -. -, ann
TIird-IIad the chef engineer power under t!ie con
rscts 10 fy by general order, crosss cti"n lhe Oi
,"nnei cycavaiion for work yet 10 be dOno uicilhs
f,or, any one of the cross section lines sho"h u"
;ccis ic OLE ard 10 Of the plans and therein III
djca'ed by the limo A.A 49,, - . -o.
ronr,I-Ii tie chief engineer had no such power,
rbctrr the allowance. aEgfcga!nS Slo2,S9O9 9o, was
awhile made to the contractors on Inc scVcai mon NY
estimates since May 20, 1881, lor tulln.I 80 %,
sono taa lime being the esna,eo 'Iiuy, o we an
rrntra., ptIcrs Z" 'Nti"h "c ~
lie neat cross-scctlon limo shown In sheets -;
n ID and 10 and another Nne ontside oi IT, & on.
running entirely around The tunnel esnu % 'nms '''
Tiftb-I II the lgsi men Toned allowance has nol been
lawfully made whc'her much OF the an1u" q,
has been paid to the contractors can la"lny, @ a'.
,bouid he retained on of and dc1nclcl lron an
'"omnrs duc ar hereafter 10 become due, to SAID
c0nfracors for work upon the sections above
enumerated ,.oa ~, ,ho .orc.
Resolved That the resolution adopted by me ilno ,
rnct Commission on December 30. leo'. d"hh'ne d';
r,rinc .ho cross ion OF tunnel excavation anu
zach and every resolution or action OF inc NucIuI,'
iesion not hcreiOfOr" rcSrndHd ana rcpNHieu::
rcecrbinp rules and lncth"ds f0r the measurement O
inncl, be and they hereby are repealeo
ard rcscnded.