The evening world., 1894-02-27
IN The DALEY DEAF?
Andrews's Excuse for Wanting to
Sell the Tug Dassori
Swore It Would Cost $500 to
Make Her First Class.
His Affidavit Contrndicted by In
spectors and Crew.

TIE WA Dl'NNTtiicS
by Bernard j. McDade ct al. against
William S. Anlrsws. Commissioners of
Street Cleaning, came Dip for argu-
mint.
Attorney George W. Dease. for the
plaintiff, argued against Commissioner
Andrews's claim that the tug F. Dassori
was worthy, and that instead OF
costing 81 800 to put her In repair, IL
would cost only a few hundred dollars,
and filed atiidavits in support OF his
claims.
He also argued that being an appointee
under the Civil Service act, Nc
Dade could not be discharged without
cause.
The application was opposed by Deputy
CORPORATION Counsel Dean in behalf of
Commissioner Andrews. who claimed
mat under the Law commissioner An
VI the tug and discharge the crew II
ne saw fit, and that the plaintiff had no
reasonable acton at law.
Justice Andrews took the papers ana
The plalntin, McDade. commenced
lnandamus proceedings against Com
missioner missioner A An61 r FEB be J., through Maba mis
was the captain Of the Street Cleaning
department tugboat F. Dassori, and
was dismissed from the service Jan: .;
on the gro md that the vessel was UNI
seaworthy ard needed repairs.
The case came up in the Supreme
iendant. Iiniiam $. Andrews. has
served upon the plaintiff and his attor-
Eey a very remarkable afhdavit. as roi-
lows:
SUPREME COURT OF THE STATE OF NEW
City and County OF New York. IS:
William 5. Andrews being duly sworn. deposes
and says that he is Commissioner Of street Clean.
ing In the city Of New York. named as defendant
herein that the relator' Bernatl :, MGDane' was
owned b, the Department OF Street Cleaning, until
Jan. s, 1894, when he was dismissed, Tor the rea-
son that his services were no longer required, the
steam tug Dassori having been ordered out OF
commission; that said steam tug Dassori was so
ordered out OF commission for two reasons: ~
deponent had reason to believe that tugs could be
hired 10 do such towing as was necessary for the
Department Of Street Cleaning at less expense than
1t would cost 10 maintain and operate said tug
Dassori: Il, for the reason that II said tug Das.
SORT were TO be maintained and operated. 1t would
be necessary In order that that should be done
with safety that she should be overhauled and
repaired. said tug being an old boat, which has
for about fifteen years that upon information and
belief, founded upon reports OF Inspections and
States Steam Vessel Inspection Service. and upon
surveys anu estimates made by competent persons
employed for that purpose, deponent says that re.
pairs necessary to put said tug Dassori In good
rider and to make her entirely seaworthy will
cost not less than 50. 500; that, in his estimate for
the expenses Of the Department Of Street Cleaning
for the year 1894 deponent asked for an appro-
priation Of money for the repair Of said steam tug
Dassorl. which appropriation was not made. and
that deponent 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 It Is
for the interest OF the city to hire tugs to do its
resulting from the operation OF the tugs 1t owns,
while 1t is not liable for damages resulting from
ponent further says that. for the rcarons above
s~tated-that is. the lack OF money to repair said
tug Dassori. together with the belief that it is
done. as being less expensive. deponent is about
t., {, sell ;aid tug at public n, sale, as he e ,n pthh%Syi1e
sworn to before me this 18th day Of January.
1894. T. E. ToMLINsoN, jr.
1t arpecrs tina, Commissioner Andrews,
in order to uphold his sworn statement
that 1t would cost So, 500 to repair the tug
Dassori, requested the United States Lo-
cal Inspectors Of Steam Vessels to make
a new and recent inspection Of the Das-
sori: The result {; this inspection was
made public to-day in an affidavit in
ment
Following Il the report of the special
inspection made at the request of Com
missioner Andrews:
Mesrrs, Fairchild & barrett. United States Local
Inspectors. New York.
Ge1tleu en- We, the un'e-slsnel. having been de-
tailed by YOU 10 make a snecial examination Of
the huIls of the steamers Dnssori and Municipal
li E at ne foot OF se,e7toenth st'ee, East RI er.
New York, respectfully report that We VISITED said
steamers and found them arnat. consequently could
not examine the bottoms of the vessels, but from
the circumstances, We believe the frames OF the
vessels to he entirely sound. and that their hulls
can he put In good and scawOrthy condition by
making the following repairs, viz. The stern. OF
the Municipal requires fasteninEs, q portion OF her
'oT Tss : h1s, should na.d be replaced by new new, q ones ST.,
Of the ceiling ncars the after tank; both vessels
should h, be Put ut. nron the dry,aHck for further ex.
should he recalkcd and vessels painted. We be-
iieve the above repairs would put the vessels In
an expense o TO EXCEED 4 e HUNDRED
DOLLARS. Respectfully YOURS.
iHN Il Il G +; uHhANn
7. G, Assistant Inspectors OF Huiis.
Then follows a supplementary report.
In which the inspectors say:
We visited said steamers at schewen's dry dock
at the foot OF Stanton rect. 2. n. and completed
Of the hulls Of said steamers to be sound and
stanch. except a few slight defects. The weather
p prassnt r IS la r1sfS d ippea ,a ,Ss n wsiss the III t ssssG1s
JAMES iM'cAusLAND.
Following is the sworn report OF An
drew II. Pitchford. United States AS
s%istant Inspector Of Boilers:
! made a special examination Of the boilers,
engines, pumps. &c, on tugs Dassori and NUM-
cipal, The boiler and engine Of the nassori, as
tar MS can discern. are In good condition. and
corners Of furnaces. On Municipal | find boiler.
engine an. pnmp in good condition, ! gave boil
III ON Dbln NOhls u tnCTOuRn hammer test and
applied hydrostatic te.,: Respectfully yours,
DIRE H.. PITCHFORD.
COMMISSIONS Andrews claimed $3.50
necessary to repair the Dasso.i, and
$500 for the Municipal, $1,000, for work
which the Inspectors say can be done
for a few hundred dollars.
There were also filed with the Court
to-day, in answer to the affidavit by An
, drews. counter afldavits by William
Murphy, chief Engineer of the Dassori
and John +. Legion, deCkhand and mate
of the Dassori. Murphy swears that as
a chief engince~ of steamboats, for the
last sixteen years he Is competent tC
testify as an expert as to the condition
OF the Dassori's engines and boilers
/, He swears the boat was in flrst-class
working condition as to power and sea.
wortiiness Jan. 2. 1885,. and that great
Injustice would be lone to himself and
the people of New York City II the Das
sori is permitted to he placed out OF
commission and sold as suggested in tht
affidavit of Commissioner Andrews. fol
the reason that while her earnings dc
not equal the expenditures, II Is not the
fault Of the boat or her crew, but from
the manipulation Of the officers and thu
; persons In the STRENGTHENING Depart
ment.
Mr.. Murphy declares under oath that
the Dassori has been deprived of work
while hired boats were employed. and
that there Is no reason why the Dassor
should not he given the work and the
city reap the benefit Of It's ownership
and save TO itself the large expenditures