New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-08
FIGHTING FOR THE SP0ILS.
THE CITY RECORD CASE IN COURT.
CHARGES OF FRAUD pENIEp-wHAr THE AFFI
DAyITs SAY.


DAvIrs SAY.
The lively squabble In Tammany Hall the Eat
plum Of ~The City Record printing, up before
Justice mgraham in the supreme Court, Chambers,
yesterday. John II. Emn, taxpayer brought
the suit to enjon the Board OF City Record composed
OF the Mayor, the Corporation Counsel the Commits
sionor ID Public Works and the Supervisor Of Ihe
City Record" TO restrain them from entering into
contract with Martin b. Brown for publishing Inc
Record" for 1892. Emra really appears behalf Of
Samuel ]. Brown, who is printer, and he wants 10
submit bid for the work. incidentally, fraud ana
colluson charged against these city officials
In the AFFIDAVIT Of Samuel J. Browu, submitted to
Justice Ingaham, Mr. Brown declares that the prices
paid by the city for 1891, amounting for tho wioie
work for the year TO S6S 900. are excessive Mr
Brown also alleges that tile reason why the city has
heretofore had TO pay such rates is that through COZ
fusion, fraud Otherwise the contract has been maze
10 call for type, seldom used for newspapers
Mr.. Brown complains that wide dissection mas been
given to the supervisor Of The City Record" putting
II within his power 20 make arbitrary difference OF
from Sc 900 10 $4,000 the TO the printer and
that the letting Of the contract has been delayed uni
too late for any other bidder except the holder OF the
contract TO arrange his affairs in time TO do the WORK
For these reasons Mr.. Brown declares the contract
has been given year after year to Martin b. Brown with
little competition. although there are other practical
printers who would be glad to do the work at lower
rates.
Nj Brown says tia. he instructed his attorney,
William Mem. Speer, TO inform the Board OF Civ
Record OF his intention to bid for the contract FOR
printing The City Record" and TO request the Board
TO fix as early day possible for the letting Of the
contract. This request made october 10.
Mr. speer Informed Mr.. Brown that he had seen Mr..
Kenny In compliance with his instructions. But he
never received any forms specifications for bidding
for the printing and he heard nothing about
II until November 20. when he saw in the
.oA Cfu fha
contract to Martin b. Brown for another year at the
price at which the contract for 1891 awarded.
Mr Brown then declares that he is willing and pre-
pared TO do the work for less price than is paid TO
Martin b. Brown and 10 comply with all the require
ments of the law in respect TO it. As "a practical
printer he declares that he knows that at the present
prices there is a large and excessive profit.
In the last paragraph OF his affidavit Mr. Brown
SAYS al AN informed and do verify believe that the
reason why the said proposition of the defendant,
Martin B. Brown, not printed in The City RECORD
at the time it alleged to have been made, and the
reason why notice sent to me OF the same, was
that the defendant Kenny intended etealthily and
fraudulently TO procure the sao contract for the de-
fendant, Martin B. Brown, and TO prevent other and
lower BIDS 10 the great damage and injury to the tax
payers OF the city of New York and to the plaintiff
Mr. speer in an affidavit says that he called upon
Mr. Kenny and asked 10 have specifications and blanks
sent 10 him when ready and Mr. Kenny promised 10
do so. lie did not keep his promise, however, Mr.
6pcer says, and the blanks and specifications never
came Mr. Speer also declares that he went over the
pense of printing The City Record" item by item with
Mr.. Kenny and pointed out how much money could be
saved. spite Of this Mr. Kenny Eod the Board that
no cheaper could be secured and advised the
reletting Of the contract TO Martin b. Brown In his
brief Mr.. Speer declares that there fraud first in
the cOnceament by the Supervisor Of The City
Record" that Samuel J. Brown other printers were
ready bid for THE City Record" contract and that
they had both orally and in writing requested an OPP
portunity 10 bid; secondly in suppressing the pub
cauon and official notice Of the offer of the defendant
Martin B. Brown, to his contract until it was
printed m "The City Record" Of November 81 thirdly
In sending circular letter in regard TO the price OF
the work and the letting of the contract TO certain
printers and in not sending copy of this letter 10
printers who bhe Supervisor Of The City Record
knew wanted opportunity to bid or TO their attorney
fourthy in the Supervisor OF The City Record" giving
Samuel ]. Brown his attorney TO understand that
copies of bids specifications and other blank forms
would bk furnished and not furnishing Them, and In
Withholding from samuel J. Brown or his attorney all
knowledge of the proposition Of the defendant, Martin
b. Brown, to renew the contract.
Charles Blandy Assistant Corporation Counsel
who appeared for the Defendants admitted
that no formal written contract had been
executed with Martin B. Brown. He de-
MED shat the city would suffer by the carrying
out Of the proposed contract with Martin B. Brown
There law, he averred, which made 1t obligatory
that "The City Record" should be published under
contract entered into by proposals previously adver
Used for by competitive bidding On the contrary
when, by the concurrent vote Of the Mayor Corpora
ton Counsel and Commissioner of Public Works. 1t Is
decided The City Record" published or printed
without contract after advertisement for bids or pro-
posal 1t may be done such terms and conditions as
they might deem 10 be for the best interests of the
city Mr.. Blandy said that there lump amount
fixed by the Board Of AppOrtionment to be
paid 10 the printer of "The City Record" The
sum Appropriated $4,000, but the printer was
~ get paid for Just what he did This work was 10
be paid for at the rates mentioned by the palntns:
Mr. Blandy said the proposition to change the style OF
type and make The Guy Record" a common" news
In an AFFIDAVIT Mr. Kenny declares that it Is not
true that Mr. speer called upon him early in october,
1861 or at any time and requested him TO designate
IS early date possible for the bidding on the con-
tract. Speer had repeatedly t0ld him that other per
sons could do the work Of printing The City Record
Is well Martin b. Brown could but opeer mad never
year make a bid if there should be public letting.
Mr. BlaDdy said that The City Record" had been
published since 1879 and In only four years In that
time had the contract been awarded after advertisement
and BY public letting On these four occasions only
one bid had been received besides that OF Martin b.
Browns and that bid much higher than Mr..
Brown's
The Judge took all the papers, except Mr. Blandy's
brief which win be submitted to-day, and decision was
reserved.