The evening world., 1894-02-27
IN the DALEY DEAL?
Andrews's Excuse for Wanting to
Sell the Tug Dassori
Sworc It Would Cost $500 to
Make Her First Class.
Ills Amdayit Contradicted by In
spcctors and Crew.

In the Surr?ne Court this morning
the mandanus proceedings Instituted
10y Bernard j. MCDade ct al. against
William s.. Andrews. Commissioner of
Street Cleaning. came up for argu-
m'nt.
Attorney George W. Dease. for the
plaintiff, argued against Commissioner
Anirews's claim that the tug +. Dassori
was unseawortny, and that instead OF
costing 5000 to put her IN repair, IL
and filed ~atiidavits in support OF MS
claims.
He also argued that benz an appoints se
Daue could not be discharged without
cause. -
Corporation Counsel Dean in behalf of
Commissioner Andrews, who claimed
tnat under the law Commissioner An
lrews had a right to discontinue the use
uf the tug and discharge the crew II
he saw ht, and that the plaintiff had no
reasonable acton at law. :,
Justice Andrews took the papers and
reserved decision.
nandamus proceedings against Com
missioner Andrews Feb. ., through his
st,9rn ey c seorEe of the De Street tMieanins
department tugboat +. Dassori, and
Was dismissed from the service Jan. ),
when Andrews retitad the tug nassori
| III ne 6lo Nv ~ ~ 'N
seawr"thy ard needed repairs.
The case came up in the Supreme
ConTt a week agf he nut ms,S TI Tine a'} the de-,
PENDANT, William. $, Andrews. has
served upon the plaintiff and his attor-
roy a very remarkable aftidaVit. as loi-
tows.
SUPREME COURT OF TIE STATE OF NEW
city and County Of New York. rs;
William =. Andrews, being duly sworn. deposcs
and says that he Is Commissioner OF street clean
ing In the city Of New York. named as de,eruaht
herein: that the relator. Bernard J. McDade. was
"mpiryci as captain Of the steam tug r. Dassori.
owned by the Department OF street tIeahlhg' un,I'
Jan. :, 1894. when he was dismi:'eI' lor a "a, "a
son that his services were no longer required the
steam tug DassOri having been ordered OUT OF
commission that said steam tug DassoTi was 80 80
drponent had reason TO believe that tugs could he
hired to do such towing as WAS necessary Tor IEe
Department Of Street Cleaning at less expense than
Il would cost 10 maintain ana Operate aa" rus
Dassori; ~ for the reason that II said tug pas,
SORT were to Le maintained and operated, II woulu
be necessary in order that that should be done
with safety that she should be oNerhauled ana
repaired. said tug being an old boat; which mas
been In active service, as ~dtpnucnt is informed;
for about fifteen years: that upon Information ana
belief, founded upon reports of INSPECTIONS ana
examinations made by instructors OF the United
States Steam Vessel Inspection Service, and upon
surveys ana estimates made by competent persons
employ ed for that purpose, deponent says that re.
pairs necessary to put said tux Dassori in good
rider and to make her entirely se'worthy WI
cost not less than 81. 500; that, In his estimate for
the expenses Of the Department Of Street Cleaning
for the year 1894 deroncnt asked for an appro-
priation Of money for the repair Of said steam tug
! DlssOri, which appropriation was not made. and
that ioponent Is. therefore. without means at his
disposal to pay for such repairs: that the expense
OF operating the DassOri would exceed the expense
Of hiring towing done as required. as Is now being
done; that another reason why 1t is
towing Is that the city Is liable for all damages
resulting from the operation Of the tugs IT owns,
: while it is not liable for damage: resulting from
} ponent further says that. for the reasons above
r tug nassori. together with the belief that it is
for the best interest Of the city to hire Its towing
= done dc sell !, as s,, Gei ing S ls's Do e1psI ss," =, se pc IS ,h 's "S9%i
, by law to do, WILLIAM S. ANDREWS.
1894. T. Z. TOMLINsON. jr..
! 1t appecrs that Commissioner Andrews,
e that it would cost 1900 to repair the tug
, Dassori. requested the United States Lo-
. cal Inspectors Of Steam Vessels TO make
sori. The he result g this inspection was
made public to-day in an affidavit in
answer to Mr.. Andrews's sworn state
ment
Following Ia the report of the special
inspection made at the request of Com
, missioner Andrcws:
GentlaH en- We, the un 'e-sifrel. having been de,
= tSn SuI ns " you the 10 s mSES q i n"ssHrI G asd M"ntci "a" al
ll g at TIE foot Of Sc e'taenth st ce, East ri .er.
New YORK. respectfully report that we visited SAID
steamers and found them afoat, consequently could
not examine the bottoms Of the vessels but from
= the examination that We were able to make under
the circumstances, we believe the frames of the
vessels 10 he entirety sound. and that their hull1
: can he mt in good AMI s"aworthy condition by
S making the following renairs, VIZ. The stern OF
. the Munirinal requires fasicninGs, a portion Of her
Il lower guards should b" r"placcI by now ones.
The +. lassori needs repairs Tor II small portion
~ tho ceiling nears the after tank; both vessels
II Shonld be Pvt upon the Irv-iock Tor further eN-
. should I've recalkrl and Vessels painted. We be-
d lieNr the above r"n,irs would rnt, the vessels In
an expense - To EXCEED A FEW HUNDRED
DOLLARS. Respectfully YOURS.
JAMES MCNUSINND.
- Y. c. Assistant Inspectors OF iIuIls.
$ Then ,fcuJws Il supplementary report
q IN which the Inspectors say:
We visited said steamers at schewcn's dry docl
Y At The foot o. stanton rect, +. r., and complete,
u the halls Of said steamers 10 II" sound an,
stan'h. except a few slight defects TIE weather
beaten and rough apDrHfance which tn" res@"'i
present is largely due to the neglect OF leeplnl
tibet" painted 1 nE"Es'E Z Gu INK
Following is the sworn report of An
drew II. Pitchfori. United States As
y Slstant Inspector of Boilers:
m'ir Il special examination n the boilers
"rFInrs, uunpS. s., on tugs Dessori and MnnI
p .toal, IN" boiler and engine Of the Disscri, Il
FAR as | can discern. ar" IN good condition, an
engine ana pimn in pool condition gave luil
~ ua both boats a tlorunSh hammer test an,
= applied L,dru,tatii tp-.. Resuecltully vonr'.
ANpREw II. ,r%IrCurupn
Commissioner Andrews claimed $50
necessary to repair the DasSo.i. an,
u 81 $40 for the Municipal, S,Ulu. for worl
A which the Inspectors say can be don,
49, 10" "A few hundred dollars.
~ There were also filed with the Cour
~ to-day. in answer to the affidavit by An
40 dr-v,s. counter attida Wit hv William
#" Murphy. chief Engineer of the passuri
Il, and John i. Legion, deCkhund and mat
r. Of the Dassori. Murphy Swrars that a
mr. u chief enginee" of steamboats, for tn,
NJ last sixteen years h. il competent L
=, testify az an expert as to the cunditiol
O. OF the DasSOri's engines and boilers
He sweUrs the boat was In tirst-clus
IN working condition as to power and sea
ir worthiness Jan. ., 1894, and that grea
injustice would b. done 10 himself AN,
- the people Of New York CITY IL the Das
SORT Is permitted 10 be placed out o
commission and sold as suggested in tn
=. affidavit Of Commissioner Andrews, fu
IN" reason that while her earnings d
not equal the expenditures, II Is not tn
~ fault of the boat or her crew, but fror
IN ill.," manipulation Of the officers and III
Ms persons in the STRENGTHENING Depart
he m"Dt.