New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-30
A DEMAND FROM sNAITH.
COOLEY ASKING THE PAYMENT OF 100000.

THE ASSEMBLY CEILING COMMITTEE INDICATE
PURPOSE TO DECLARE THE MONEY FOR
D-ATroRNEY.GENERALT TABOR IN
DOUBT ABOUT CONSPIRACY PRO.
cEEDINGs
Albany, May 2o.-JOhn snaith the contractor for
the Assembly ceiling, was driving about the streets
Of Albany to-day in his phactOn attending to his bust
ness affairs chatting with his ielow-cltlsens afabiy
not In the least puffed up by his National noorsty
Just the same simple John snaith, ready to take
state contract that he oySr was. Moreover. hs d.
mandt that tho state shall pay him that 100000
which Is SIN duo him on his Assembly ceiling con-
tract. Controller wemple has the 10000. IL
should be $4,000 but the Controller made little
mlstalc one day and ovsrraid Mr. snah to the amount
OF $4,000 Tho latter wrote 10 Fremont Cole the
Speaker OF tho Assembly, last week, demanding that
money, Mr.. Colo having been q member OF the Cell
ing Committee last year. Mr. Cole AMI his follow.
members OF the committee, William +. shechan' OF
Buffalo; William H. Gallup OF Syracuse, ana ffahL
J. En- OF Ithaca met in tho office OF Attorney oeherai
Tabor this morning and Informed him OF Mr Shai'h
remn kable letter.
81 have made no reply to that letter. said Mr.
Cole, I" and have judged It best TO summon nero inc
Ceiling Committee. and with them ask your ADVICE
Attorhey-tIrnera Tabor replied that NJ had been
reading tho evidence taken By the ABwOrth and INC
Fish Ceiling Invcst gallon Committees 10 loSrn what
kind Of attitude tho state ought TO assume toward
snaIth's claim for that $4,000; and also toward
Charles II. Andrews, the superintendent OF Public
Buildings. and Timothy J. sullivan ono of tho ceiling
contractors Two three lines OF procedure wero
open to him.
Il fudo no said, "that while tho statute under
which this Assembly ceiling work was done says
nothing about rho acceptance refusal Of the work
by YOU the contract with snah says you may forfeit
any balance due him II no fails 10 fulR that contract
Van, "a, yrsh tbp my
superintendent; OF Public building. Mr. Bulnham, d.
riaro that $40 900 fortified IN consequence Of non
fulfmcnt Of contract IN" newspapers have said that
! should prosecute Snaith sullivan and Andrews i'm
modarcly for conspiracy, but wish 10 Get all the
facts before I begin any kind Of suit ! remember
that the state began suit hastily against one Of the
more prominent OF tho Canal Ring. but when 1t GOT
into court found that It did not have
tho evidence to sustain IFS suspicious, and
II had not set up a cOuntei-caim OF $50 600
against the man do not know whore we would
have come out must say that have not yet
discovered what the Legislature desires ME TO DO In
tho matter OF snsith. sullivan and Andrews. II
thought could maintain suit for conspiracy against
them, l would bring It; bui even the Fish Committee
Is not yer, definite in this recommendation"
~ think can say for every member Of the Ceiling
Committee said Speaker Cole, that II you ran main
tain an action for conspiracy It should be brought
Il certainly am in favor Of an action for con-
r,
maintain II except IN this county Of Albany. believe
there was only one honest bid put In for this contract
outside Of that put In by snaith, and that was put
IN by Sweet and believe Andrews found out what
hat bid vas
Have YOU anv evidence Of that fact'' inquired
the Attorney. General.
an after some! replied Mr. Shechan
Tho state" continued Mr.. Tabor. might bring
su, Tor fraud That goes tn" theory that the con
tract was vtiatcd by fraud Then you could bring an
action for alleged non fulHlment Of nra'. Ihlidy
you could declare the 100000 forfeited by non'tul-
nmcnt Of contract II you do so, you cannot turn
aruIul and sue for the remainder OF the money
which ha. bc"n paid - Snalth and sullivan But IL
YOU DO declare that gao 900 forfeit can also brnS
.uu for conspiracy. The question with you should
be vyherncr after all you viii save morn ~ the
state by retaining that s4O 900 than you would by
bringing suit to recover all the money paid to
Snalth7
The Attorney. General then pointed out the fol
low Ing provision Of the contract IN regard to ioreuro
Of the balance due tho contractor;
And tho saA committee ana Sup"Hntcni'nt o. Public
Buiings on behalf Of the party OF III" second part may
In dscrNoU Tor any failure Oh the part oil hs p'p
o. tho part prosecute III" Work win ~ aI'iuo
force or f1r non compliance With orders ana nruc'oh'
~ N the manner Of performing H. or for any omission or
neg t ot their OF the plans ara 'p"'ln'"
don. declare this contract forfeited; when d'eSi"'o"
- forfeiture mr. l. ia writing and served upon tho party
q, tho frs, part hail cXancato the party OF the -co"i
r.,, from any ani all liabilities ard obligations efl'ihS
e, this contact ami any balance due the parry OF the
s,., mart on account Of work shall b ioHel"a 70
tho marty ~ ~ n'ond part and tho party OF the -eeoi
ro, Tho ,,i committee aud the Superintendent OF fuohc
pulings ha have full power TO enter upon anu '.A0
r,,essnn of tho work. and TO contract Win 'uS o'N''
r..rsan or persons for is completion
"If We declare this 100000 forfeit was tho cum
nrnt Of speaker Cole, tho cooperation IS necessary
-, E5rar X Rurnham, who will assume once As
supcrinrrndent Of public Buildings on juno l. move
that ~, adjourn uniil June II, and then meet again
here I'm Albany with superintendent Burnham' ana "'
P.H i,oIney General Tabor thenupon said While
YOU arr absent from Albany you might well cohS'uor
these points: ,,.,a ,,r fraud and
'o"I Second II not then tho question IS; shall an
action be brought for damages TOR thA
{" Third This depends on the question wncthcr thc
s,,tc viii bs I'm any better condition by DECLARATION
Of for'riIur, SLOWED by tho contract ,,
anca his viii prevent action for fraud and con-
~: FIN. But declaring tho contract forfeited VIII
''s TS" committee then adjourned It was cl"ar from
rho GENERALS talk that he thinks the ceiling
Committee had better declare the S4O,ouV sun Wv.
Snah forfeited owing 20 non,iulhlnTn "a ,tb nm
tbat no Il opposed to permitting hnaUh 10 PAlVn up
he had work I'm the ceiling and then claim the S4O',
600 and that he thinks II doubtful u me Stae wTn
succeed al present IN any sur u IlSno or With
am sui 10 recover the 1910 600 already nnh uChI
Tho Attorney General said that before he IsiS os
mlttce meets again no should see hTnimstrN or;
ono Of tho expert architects who declared IN rPWt
that there hal been fraud I'm the construction VI mo
ceiling and obtain his evidence "f t.
BILLS SIGNED ny THE GOVERNOR.
Albany. MAY ao-Governor IIln to-day signed Mr.