New-York tribune., 1895-10-18
COMMISSIONERS SEED FOR sr9.ss6.
MORE TROUBLE ARISING FROM THE wARBURroN'
AVE EXTENSION IN GREENBrRG

MORE TROUBLE ARISING tftOM NAhb'Ni'.'-
AVE. EXTENSION IN GREENBrRG.
Pennell & O'Hearn, contractors. OF Yonkers'
through their attorneys, Kellogg, Smith Rose
OF New-York City. have begun mandamus proceeu-
ings against Mayor John C. Peene of Yonkers;
John Besson OF Dobbs Ferry. and James j.
Treaner OF Hastings commissioners OF the War
burton-ave extension appointed by the supreme
Court. The mandamus will be argued on MONDAY
next In the Supreme Court Brooklyn, before Judge
Cullen. for the defendants, to show cause why
they should not pay Pennell & OHean sls'so 10.
work the extension The suit IL the outcome
of the failure of Coffin Stanton New-fork
brokers last winter through whose failure the town
Of Greenburg will become involved In a neht over
town bonds deposited with the firm by the COM
mssioners before the failure. The suit came about
in this way: During the session OF the Legislature
OF 1892 Assembyman Thomas X. Fraser. OF Hast
ings and Senator McCelland. of Dobbs Ferry put
a bill through the Legislature allowing certain
towns adjacent to cities OF 100000 people TO I'M
prove highways. The taxpayers OF Greenburg were
not aware OF the scheme until the bill was passed
Greenburg bonds for $4,000 signed and de-
livered to the commissioners. They were paced III
the hands OF Coffin & Stanton to be negotiated
Coffin 4 Stanton filed with the commissioners IL Il
said gilt edge collateral bonds valued above par ana
also paid them $50 600 in cash various times IL Is
alleged that short time after this representative
OF Coffin & Stanton visited the commissioners anu
persuaded them to allow them to withdraw the
collateral and substitute 1900 in bonds Of the VII
lage OF Hartman. Tenn; $1,000 in American de-
benture bonds and $1,000 of Santa Cruz. Cal. bonds
\ few weeks after the change OF collateral CONN
Stanton failed. owing the commissioners IL II Sdi
5000 When the failure was made public the au-
thoritles OF IronwOod. Mich repudiated me D9-ls -
of that place. the bond issue was he'd leedl ny
the courts and the $1,000 held by the commissioners
are considered almost worthless.
When the money was paid oyer 10 tne G}Inarn ST,1in
sioners work begun by Pennell & y h heaIm'
he A
cred that the commissioners were snort OF u!,ns S
and stopped work and the road Is unilnisheu olSe
then Pennell & O'Hearn have been trying 20 t sto
the Of their money. They received cer
from Cooper the engineer, who Is also 0o Soi'mI Thn
sioner OF Pubic Works Of Yonkers. Tor W ~ nsy
received on account various tines slsvp from tne
5000 paid in cash by Coffin stanton waeh theS
received the bonds. - .uoa
The commissioners. after Coffin stanton taitu,
tried for several months get back the Greehbulk
bonds or the cash from the receiver, but tle urn III
had hypothecated them. The bonds DO not contain
any limitation clause and II the hypothecated ponls
are considered legal they are first liens on every
house and piece OF property In the town
Cour, cannot do otherwise than TO compel the com.
missioners TO pay for the work done II the CouIi
orders the commissioners 10 pay my clients Nip
Mr. Kellogg "and they do not do u. they VII DC
locked up for contempt. until the claim Is pdid