New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-06-01
An OLD CLAIM REVIVED.
ASKING THE CITY no PAY A BIG SUM,
CONTRACTORS WANT MORE MONEY FOR WORE
DONE TWENTY YEARS AGO.

CONTRACTORS WANT MORE MONEY FOR WORK
DONE TWENTY YEARS AGO.
question Of considerable interest was before tho
Board Of Estimate yesterday In tho shape Of old
claim against the city presented by John H. srahsn
counsel for James Fl. Sullivan d Co., contractors
for regulating and grading Seventh ave, from Ono
hundred andtepth 10 onehundred and forty seventh
SIS. about twenty years ago. Tho contract was Dot
on June 6, 1867, and the contractors bound them
selves 10 complete It January l, 1870. 1t not
completed. however, until in March 1870 and owing.
Mr. Strahsn says, TO want of harmony between the
Park Department and the Commissioner of Public
Works, the city did not accept until March 81, 1873.
The custom in thtse days was TO allow contractors
monthly advances upon their work, and deduct Inter
these advance payments up TO It's acceptance by
the city. The total claimed by sullivan
1866 ,3se 50, but the city paid him only 1856
deducng the amount Of $50 795 SO rs interest upoA
the sums advanced during the progress Of the con-
tract up to the acceptance Of the work In March 1879
Sullivan bases his present claim upon the Withholding
of interest by the city up 10 the acceptance OF the
work. asserting that 1t was really completed three
years before, and that s57 900 wrOngfully
withheld, which be now asks for, with interest from
April ], 1870. With the interest added. Sullvaas
claim is swelled to over 1922 600 The whole claim
was outlawed long ago, but the Legislature, BY
chapter 405 Of the laws Of 1885, gave 1t new lease Of
life and the Board Of Estimate authorized TO
delays for which the contractor not responsible
would have been completed the date determined
to be taken as the time when tho work was completed
The Board also 10 determine the amount OF Interest
at the rate specified in the contract tho several
payments made by the city, the work went on
from tho date Of payment 70 the ascertalned date, the
difference 10 be returned with Interest 10 tbs con.
actor from the date of completion.
Mr. StTahan submitted testimony TO substantiate his
claim which referred by the Board 70 the Con
tFoler and the Corporation Counsel and they fixed the
date Of completion at July /, 1870. This would give
the contractor something over s64 600 interest, and
allew him the sum no claims, or about eI22yO0o
resolution setting the case this basis
was ready for 6pal action al the last meeting
but both the Mayor and President Coleman OF ho Tax
Department expressed their disncinaton 20 vote for
tho payment of 90 large gum OF interest upon 10
terest' they termed It and the matter was laid
over.
When II came up again yesterday President Cole,
man strongly opposed II the ground that II had not
been Sufficiently investigated He said that he had
discovered that there had been competitive bids or
any public letting when the contract was given out
In looking back tho records he hsd found protests
from Mr.. Aston Mr.. Wheeler and several other prop
crty-h holders against paying chS oiaim Here was q
claim seventeen years old which bad been Outlswed for
ten wears brought up sought be pushed throu gh
after all tho in relation To II hhd been forgotten
IL It werc allowed Mr. Coleman predicted that 1t wona
be only tho entering wedge and that legion OF other
claims would follow It. He believed that the con-
tractor had really made large sum OF money out
Of the xorh and that tho city owed him nothing
Mayor Grant said that nothing 10 the PosriS
transactions had given him 80 much concern As this
claim. The fact was, he said, that the Legislature
had done ungrscous thing In referring the case
TO the Board. 1t belonged TO q judicial tribunal 10
adjust and ought be settled by the courts
Mr. straban made an ingenious defence OF ms
claim md showed BY what fair and Open measures he
hal proceeded In advocating IT, The Legislature had
made Il the duty Of the Board to decide the dafe OF
complefon OF the contract, which all there was
in the case, and be hoped that the members would
perform that duty and not compel MIN 10 Apply 10
The courts for d mandamus . =.
Mr. coleman hoped that Mr. stTahan would resort 10
that course He would like the courts 10 reieVe him
of the responsibility.
After some further discussion the claim was re-
morn Investigation.