New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-25
PRICE THREE CENTS
NO CONTRACT FOR O'BRIEN.
M'DONALD. A COMPETITOR WHOSE BID
WAS HIGHER, MAY BUILD THE
RESERVOIR.
THE AQUEDUCT COMMISSIONERS WILL ALLOW
THE DEFEATED CONTRACTOR TO SUBMIT
STATEMENTS TOMORROW BEFORE ANY
FURTHER ACTION is TAKEN.


FURTHER ACTION is TAKEN
The Aqunduct Commission yesterday passed
by the bid Of John O'Brien at s52s7s7o and
awarded the contract for building the new
Jerome Park Reservoir. near Kingsbridge, to
John b. Mcdonald at s5412,0s0. McDonalds BID
was sl74.7IO greater than that of OBrien. the
lowest bidder. but is above 100000 less than the
estimate Of Chief Engineer A. Fteloy.
The action Of the Commission may not, how"
ever. prove to be final. At the instance OF John
OBr.en's counsel the Commissioners agreed 10
suspend proceedings relating to the contract for
two days. In the meantime Mr.. OBren's Jaw
yers are to submit their reasons in writing
showing why the lowest bid should not have
been disregarded. This paper is to be filed with
President Duane of the Commission by p. m.
tomorrow
CROWD WAITING FOR THE DECISION.
There was the usual crowd waiting in the
board-room Of the Commission yesterday, while
its members held a secret session in the presi-
dents Office adjoining. There were present
General James c. Duane, president; JOHN J.
Tucker, Henry w. Cannon and George Walton
Green Commissioners. and Controller Fitch and
Commissioner Brookeld. members ex-ofiicio.
Mayor Strong, the only other member OF tho
Commission. was still on his vacation at Rich
field Springs.
The public session Of the Board began at $3.50
D. m After Secretary Allen had called the roll,
he read the resolution Of the Executive or Con-
struction Committee composed of all the men,
bers), which recommended that the contract for
the construction of the new reservoir be award
ed 10 John B. Mcdonald, at $5,412,Oso, his DID
being less than the estimate OF the Chief En-
gineer The vote taken on the recommen-
dation without discussion Of any kind. Aque-
duct Commissioners Duane Tucker and Green
and Controller Fitch and Commissioner Brook
held voted for giving the award to the second
lowest bidder; Commissioner Cannon voted
against IT
Ex-Judge Edward Browne asked that his ap-
pearance be noted as counsel for Mr.. O'Brien,
and objected 20 the award which. he said, he
hoped the Commission would reconsider, be-
cause the contract should go TO Mr y Briens
He admitted that the law gave the Board dis
cretionary powers IN awarding contracts, put ne
said that they should be exercised In justice to
all the parties concerned. He had failed 10
hear any objection whatever to the lowest DID,
der-any objection 10 the form OF his bid. to his
deposit check to the bond which he had givens
or TO the sureties that he had furnished. lie
would like TO know the reasons wnich actuated
the Commission in deciding to pass over Mr..
there should be strong legal reasons for reject
ing II, and adding nearly s-o"VVV ~ '"e '"S' VI
the proposed reservoir.
MR.. O'BRIEN's COUNSEL ASKS QUESTION:
Mr. Browne here asked IL notice of the meet
ing had been sent 10 the Mayor, VINO was
member OF the Commission. but was absent
Legal questors might be involved IN 'he MAY
or's absence, he said.
Mayor.
Mr. Browne-was i sent 70 the Mayors presens
place OF residence tRlchiieid springs ;sr., 90 ~.
City Hall
Mr. Browne proceeded with his argument and
insisted that the statute required that the con-
tract be awarded to the lowest bidder unless sood
and sufficient were given FOR failure so 10
do II there was feeling or prejudice IN the case IL
should be made TO appear This was matter IN
which the community was concerned, and should
be subject 10 no secret action.
The counsel asked President Duane II he would
no, state the reasons which impelled the Com-
mission 70 throw out Mr.. O'Brien's bid
General Duane (blun,ly)-we are not bound ia
give any reason
The Commissioners put their heads together
for few moments. and Commissioner Green'
having been designated spokesman for the
Board. said
would suggest Judge Browne that ths, vss,l we f0,
the Commission power OF discretion 70 act t9r me me
best interests Of the ety 'ss ba the best inter-
ests OF the city will be served by taking the action
which We did
ADDITIONAL REASONS DEMANDED.
Mr. Browne said that he took issue with Com-
missioner Green, and insisted that sufficient rea-
sons 10 satisfy the public had not been given
Rumor had been busy with its many tongues ana
reports had gotten into the public press giving
currency TO statements which Mr. O'Brien would
be glad to have the opportunity 10 meet iHe
records Of the Aqueduct Department showed that
Mr.. O'Brlen had faithfully executed every con-
tract. His work. every section. has been accepted
hv the city. He demanded the opportunity or
showing that the insinuations ana impu'a''o"s
made against him were groundless
ExJudee Browne was reinforced by +. I. Low
afr also of Mr. OBrien's counsel, who said tnas
he had the good fortune to be associated with MI.
O.Rrien in work done heretofore by him for tho
Aoueduct Board In making the award just
given where the loss to the city would be nearly
5000 0oO 1t was certainly proper that an oppoitu'
nifty be given to the lowest bidder TO show the IN
Justice which was being done 10 him. ana 10 ..e M
taxpayers OF the city. Mr.. Lovatt diiiereo WIN
Commissioner Green as 70 the meaning 1i nc
statute giving discretionary powers Inc loMess
bid must be accepted f all the reluireiienW, %
the law and the specifications were cop,eu 49,.
Mr. I,oyatt held up a fCrmida De-lookihs uoCu-
wont ~ many folios and said that he had there
one third OF the record relating to the WORK On tne
aoueduct and was ready to show that MI. lucn-
or Mr. Duane and other Commissioners nau Ger tu'
| ned 10 the excellence OF Mr.. O'Briens work.
MIR. LovArr NOT TO BE SMILED DOWN.
somo a, the Commissioners were observed to
| smile at this statement.
Mr.. I,ovatt--I have seen Aqueduct boards smile at
| ma hafore this mot the present Coninissioners)s
| thew sat here ard smiled. and smiled N,Wvo out
sef 80 ~ iRrien's pocket But we are prepared 20
| prove that this bid is made In good faith we are
kare ~ show that we can do this work at the bid
| we have pat in and make a fair profit on our DID,
| We ask YOU to give us time to do this.
| There is no use o being delicate about this mat
| ter n John o. Brien has done anything that 10
wrong the public ought to know IT, and II Is due
10 him 10 know the reasons which nave actuated the
| Commission In deciding against him. He has the
right to know why he has been thrown down. Z