New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-17
GIVE THE CITY A CHANCE.
STRONG APPEAL TO THE LEGlSLAl' kE'
REMARKABLE EFFRoSTERY OF THE NE" AoOA'
DICT CONTRACTORS

o,. r,r,,,oor rts,ev having reported leaks In sec
- vos "a and II Of the new Aqucduct' the com
customers yesterday ordered p"So' .0"''e -,
,bem Controller Myers dechh'u u Wv " ~
esoution until assured that no other sc'""'' "0'u,"
,.i,,r rbese ,,vo sections had been accepted with
ont croutinc because provision l"r u was maui III
tbe contract The work VIII cost "po"' q''oo'.
o.r;o l. fr,rl contractors for section y, were c'cd
20 an,ear ON "wednesday and show cause why thcir
contract should not be forfeited ~ lc'soi' VI "'o
10 complete the work in accordance win 'Nc,' "se"
. oo,,o, M was accepted on the CHEF En-
gneers recommendations ,.,
. committee to oppose the bill pending at Albany III
vovinr the payment of S6oOOooo TO contractors ior
detective work. reported that theh e""r'S n"' no'
hoon successful. The contractors seemed 10 nave inc
Iocisl,ture in their grip. telegram from Albany
u.as read announcing that the Assembly committee on
C;,ios would 1--WE the hill another hearing on Thurs
cav An earnest protest. prepared by Corporation
foursol Clark and addressed TO the Legislature, was
read and approved. II is signed by Mayor Grant
Corporation Counsel Clark, President Duane ana
commissioners Howe. Scott and Tucker of the Aque-
duct Commission. Controller Myers, Public Works
Commissioner Gilroy. and Me>>rs scott ana Howe VIII
lake il To Albany 1t is in part follows:
To the Legislature: The undersigned respectfully but
rnctv protest in thu and behalf Of the city OF New
York. against the passage OF Dill now pending in III"
legislature senate Eli No 553. and entItlc!
AN act to provide the speedy determination and
settlement all claims arising ont of and relating to tn
construction OF New Croon Aducduct reservoirs
and dams with the appurtnancc thereto for the purpose
Of supplying the city Of NewYorA with an increased
SUNNY of pure and Wholesome water
The otensbe purpose OF this measure as indicated by
rs title to facilitate and hasten the final adjustment and
disposition large claims which, it understood certain
about to prefer against the city Of New
York.
TIE real purpose Of the ti which Is easily dscernibc
uuon reading Of its provisions is TO provide special
tribunal for the and allowance OF these claims
The city Of NewYork Is entitled TO insist and does In
sist that these claims ike all others OF similar nature,
shall tried and adjusted in the regular courts OF the
STATE a. established by the Constitution and with all the
,,,equard provisions against that the experience
Of mankind and the history Of Jurisprudence have shown
% be necessary the ultimate triumph Of justice
The city Of Ncw-York to-day by statute the right
To claim an absolute preference the calendar for all
actions 10 which it is party and its Counsel To the Cor
norton has offered that preference in all actions
that may be brought FOR damages arising out o. moneys
claimed be due under contract for the construction
Of the hQueduct An action brought and prosecuted
according ordinary and established form OF judicial
nrocedue could be tried finally disposed Of long before
the validity OF such act as the one we now protest
against could determined 1t should b. clearly understood
that no case presented OF claim claims as to which
the only contest the amount due. The contractors
have been and will paid every cent admittedly due them
as soon their work is completed and the amount due j.
determined Everything that they claim over and above
these payments Is disputed. not only a. to amounts Dut
as
have been grossly II wully and fraudulcntiy negi
gent in which their contracts have been
executed They consumed years NOR in their
compl.ton than they originally undertook 10 do They
have put the city great loss and expense by reason Of
their unrithful and datoy OF performing their
Their pretended claims rest for the most part upon
disputed questions law which the city j. entitled
to the the established courts OF the State
understood the claims OF these contractors con-
sist in the main OF large classes First they insist
that they are entitled much larger allowance for eN-
cavaton than has made them This claim must
be sustained II sustained ALL legal interpretl-
ton Of the terms Of their contracts The question Is
purely one Of law. The principle OF allowance having
been settled no dispute WIN arise 10 the amount
of measurable under that principle The
ond large class claims that which Is impudenty
serted repairing the amount OF detective
work which discovered along the whole line OF the
soueduc existence Of the bad WORK ana us extent
IL NOT seriously disputed But with sudacity that Is
unparalleled venture 70 assert the
claim that the city and not should bear the cost
OF its repair claim based the most technical
legal oubbeonc which court Of justice would be likely
10 regard for instant.
1t may become necessary however to meet by proving
absolute bad faith fraud part OF the contractors
and their employees legal questions involved should
be decided by judges by the question Of bad
faith and fraud by jury. and not BY arbitraors The
city Of New-York asks favor. but appeals for
Justice The courts well equipped and Of
recognized honesty and ability Every sutton be- his
claim large or small just unjust must seek his remedy
In them. Are the aqueduct contractors entitled %
special tribunal simply because their claims arc large and
their wealth greatf