New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-27
O'BRIEN GETS AN INJUNCTION
THE AWARDING OF THE JEROME PARK
RESERVOIR CONTRACT TO BE
HEARD IN COURT.
uxAI.DERMAN TERRELL. APPEARS AS PLAINTIFF
IN AN ACTION FOR TEMPORARY IN
JUNCTION RESTRAINING CITY OF
FICIAIs FROM AWARDING 1T


FICIALs FROM AWARDING 1T
TO MDONAID-CHARGEs OF
PREJUDICE MADE
,ornorarv Injunction was issued by Judge
Morgan j. O'Brien. Of the Supreme Court, yes'ei-
day at the instance Of John OBren the 'o"eS'
bidder to restrain the city authorizes iIoi" e''''
ing into the contract with John H. McDonaiu' ~
any other person or corporation for buiiding 'he
Jerome Park Reservoir. The aihdaVlt IN 'ne .a'o 10
made nv ex-Alderman Isaac H. Terrell. OF NO. SoS
Eightb-ave who appears in the case as a TAXPAYER
and as the plaintiff He rectes the award oi inc
contract BY the Aqueduct Commissioners 70 NY
Donald whose bid was Sl7iOc higher IMAM y h''e" D
calls attention to Mayor Strong's absence from the
meeting OF the Board last Wednesday wheh '"e
eward was made and his non-concurrence IN the
action of the other Commissioners; alleges 'Ha'
Mcdonald is not solely Interested IN the co"'"'''
ard charges that the action or the Con"ssio" WOO
influenced by unlawful, means
The mandlrus was directed 10 william /" S'rohs'
Mayor. Ashh., p Fitch Controller: William Brook
field Commissioner of Public Works. ana Aqueuuo'
Commissioners James c. Duane. lohn ). luckeI'
Henry W. Cannon and George Walton Green anu "
the Mayor. Aldermen and Commonaity Oh New
York The Controller is restrained from issuing vi
selling any bonds for raising money to pay on ac-
count of the contract. The parties Defendant are
commanded to appear at the Specia Term OF 'he
Supreme Court. Chambers on Thursday, August l.
at II a. m 10 show why the injunction shou'u not
be continued during the pendency OF the action Inc
plaintiff is permitted 10 file aduitiohai a"'"'"' -
he deems IL necessary.
The nlaintiff gave a bond in $3.50 to secure the
costs Of suit J. Emmett Flanagan, of No PIG West
Twenty-nfth-st.. and ex Alderman James A. Cowie'
of No. 40 Ninth-ave.. were MT. Ierrchs sureues
on the bond The plaintiffs counsel. who submitted
the complaint and obtained the injunction. are
Browne & sh.ehan of No. 25s Broadway. The
senior mariner is ex-Judge Edward Browne. of the
CITY Court. afterward counsel TO the Excise Board.
The Junior partner is John c. Sheehan. ex-Police
Commissioner.
AFFIDAVIT OF THE UNSUCCESSFUL BIDDER
Accompanying the complaint on which the injunc-
ton was issued was affidavit by John OBrien.
the unsuccessful contractor. After reciting that
he is contractor. and telling how he compiled
with the requirements of the Commission in sub
hitting MS bid. the deponent goes on TO say:
The deponent that the award Of said contract
as a public act by the said defendant Commission
ers. but Influenced and directed. among Other
Of s said Eommsspones and that the deponens
conclusion Is based on the following conversa,io
Commission. a. the office Of the same on or about
July 49, 1885, That in such or 1Re c sad
give you the contract for the reservoir l would
vote TO give ersS Ua sas sSans D" and said
asked deponent If he. deponent, coud not get some
po pom could. then deponent. Mr. Duane said. could
get the contract. that he Duane had had converse
Duane that under no circumstances would he. Can
non. vote to give the contract to OBrien and tina,
that he would resign rather than award the con
tract to SAID Dusne a Ta, ommssoner
Cannon of" or remove his prejudice Com
Ths asked puane we 6
ton to deponent because OF his connection WIN me
was not that there could not be any objection TO
that as II had been accepted and was all done sat
ton occurred Just prior the day assigned for the
first meeting of the Commission after the bids were
was fixed for said day. the Commission did not meet
in public session; and that therefore the meeting at
the bids made, II was generally rumored about
OF the not ssd sa
ddeponent was informed by Andrew Mcmillan a
ponent believes to be true. that two gentlemen
and ssTasq1 in shs
further SAYS that Mayor Strong was absent from
the meetings"
The complaint sets forth that the Aqueduct Com
mlssoners about TO award the contract 10 Nc
Donald. and thus waste the citys funds by not ac-
cepting his bid. which the lowest.
CONVERSATION WITH CORPORATION COUN-
Sell SCOTT.
As bearing the point that he had always per
formed his contracts with the city properly. Mr..
O'Bren relates in his brief a conversation that
he had with Corporation Counsel Scott. bearing on
He says: II asked the Corporation Counsel II there
was any objection to my bidding for said work, or
dice Of any kind against me. II such prejudice
existed. Mr.. Scott would certainly know OF II. as
and had only recently retired from said Office to
accept the office Of Counsel to the Corporation
existence OF any prejudice In the mind OF the Aque
duct Commissioners against me that there could
was not in default with the city; that carried out
10
missioner Cannon was unfrleDdly and Mr.: Scott
tSat il Mr. nc cannon was ali light he believed
that the rest Of the Commissioners would be.
time to my financial condition and TO my
ability to carry out the work, as well Of the dis;
20 be excavated from said Jerome Park reservoir:
all of the said inquiries were answered apparently in
satisfactory manner TO him He stated at the time
that my plan was the best and the proper solution
then and there stated that II was the lowest
bidder FOR the BUILDING Of said reservEr ne
his advice asked for. that there was no OBJ
lection against the awarding Of the contract 70 me d"
discuss the turn affairs had taken. President
Duane said that there nothing to say, as their
contract could not be awarded until It had been
dissolved. There was no meeting OF the Commits
sion. The next meeting Will probably be held on
Monday. Meapwhl;e the brief submitted by
Counsel. TO pass on the legal points raised
ONLY FOUR CLAIMS REMAIN TO BE FILED.
The Jerome Park Commissioners OF Appraisal at
yesterdays session. at No c. Broadway, received
and filed seven claims the largest being that Of
the Joseph r.. Puiton estate Ont OF total OF lfs
parcels but four claims remain now to be filed.
The work of fling claims. which is prac-
tically completed, has been done quickly. and
the Com missioner pleased at the result. Had
contend with the number OF claimants
in the country and with country lawyers" said a
member OF the Commission yesterday morning at
would have taken months for US 10 have done so
well"
COLD TO Re SHIPPED TO CANADA.
Gold amounting to $4,000 yesterday with