New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-02
THE FIGHT FOR O'BRlEN'S BID
ry-u-DGE BROWN ATTACKS TIE AQUE-
Duct COMMISSION.
Tr AccrsEs MT. CANNON or PREJrDICE AND
MAKES \ POINT or THE MAYORS Az

rE AccisEs MT. CANNON or PREJUDICE AND
MAKES POINT OF THE MAYORS Az
slxcr FROM TIE BOARDS MEETING.
In the supreme Court Chambers. yesterday argu-
menis Of counse! upon the return OF 'he temporary
Injunction issued last week restraining the Aque-
duct Commissioners from taking any further steps
I'm the matter Of the Jerome Park reservoir contract
were heard by Justice O'3rien The Injunction was
obtained from Justice ORrIen In th" supreme
Court las, week by cx-Aierman Isaac II. Ferrell
acting on behalf Of John O'Bren who failed To get
the contract for the construction OF ne reservoir
The conirac; was awarded TO John Il. Mcdonald
vhos- bii was S.i12os). although OBrien's bid was
&, 2g7 go o. N7iflo lower than McDonald's.
In an affidavit submitted with the moving papers
IN the cas-. ORrien saws that President Duane sail
t. him: II cant. or can't, give You IN" contract
for the r,yervolr | would vote 20 give You the
contract hrt Mr. Cannon IL much preaiiced
agnins, YOU" This conversation ia denied by Gen
eral Duane. VITO says he never had any talk with
O'Brien IN regard 10 The contract.
O'Hren also alleges 'hat Corporation Counsel
Scott told him that u here was any prejudice
agans, him. II mus, b. N the part Of Henry w
Cannon and that II J., called upon In his
Official capacity a. Corporation Counsel he would
advise that OErien's bid be accepted. This state
inen' the CORPORATION counsel positively denies.
Ex-Iicrtenant-t;o Governor Shcehan ex-inds" Brown
and T. y Lovcti appeif"l rs counsc! Tor - hrl"n
TX Judge Brown opened The proceedings 10y stating
that the awarding # the contract 20 Mcdonald
v.s and IS a f.nud He saiI rha, the nc, which
created the Board Of Aquo luct Commissioners
ordered that after plans FOR any Improvements were
prepared AMI approved biis FOR IN" work must BE-
invited bv advertisement. o'Bren had made
his bid according 20 the rules provided, he said
Ex-lulec Brown ih,n rod from the statutes 'hHt
connective BIDS were demanded 50 ~ 20 prevent
any possibility Of ravortSm or iohh'ry on tho
p,-i ~ puhrc officials lie went on 20 sly that iAc,
r-l2,sei 20 show thg' 'hr Mayor who * member
Of the Roard was rot present a. 'h' meeting when
IN. con'rac, VS. awarded AMI ih'i he had no
part in the awarding Of It. The bids w'r" opened
he Coc'arcd cftcr tn Mayor ief' tho city AMI tho
awari " IN, contract was mad" Will" the Mayor
was awav from tho city There wns not the least
GROUND FOR presumption ho asserted. sn' the Mayor
was ever asked - appear A. The meeting wh'fe
the resolution s4nc;o.inE -" 9wari - the contract
~ adopted IL coA''nlcd that the acts of nc
o;rcr men were Illegal. because due notice had rot
been given - tho Mayor
"rf Mr. Strong had been prrs'nt al tho meeting.
he said he would In a., PROBABILITY have qrcs
toned tho action Of N. majority Of tho other
Commissioners and have stopped 'hom IN ihei-
courso before they had surrendered their honor
and integrity and brought d'scrac" upon pnhhc
officials Tho bids we're 30 nearly alike that Mavor
strong's inquiry would undoubtedly have arls"r
no mistake they were 70. nearly ak"
FOR the successfll bd had a golden llang. witch
The other bid was not poss"esei of
Tho speaker requested thai IN" Court stop pro.
ceciinrs witch he charged began In ini1uy ana
would end H. disaster. ,
and ne no, pr aow"d to 60 farther Nc pre-en Nv
PAPERS ara affdavi's that personal pf"ludi'" inNr
crc.i A. least one ~ the Aqueduc' commissioners
II IS almost a disgrace - the city ffff wh"r me
Co-,.1iseiorers met "a award the contract the
room where hey gathered was prnr'c,ly inrnei
into = pooroor1 wifh tho betting that John - Eri
would ro get no contract
Aeiir1 ,o-l'lon Counsel Tur~"~. A. iho con-
81 Is on o. ex-juixe Browns argument. submitted
poreni denied TIA, 10 mad int"rvc" r.'h oiifi'n
ON July r. al asserted that he entertained 20 per
s0ral prejudice against him. AMI thai me award
Ing OF the contract % MrDluali ras Nf1" -
mo hos, ,r'ore9' - tho city ne 'h"r srFu~i fHni
unless fraud was shown ihe Court had no rgft 10
Interfere with the action OF the comm ss.or'fs os
with any su'ure action they nay take. ,lf..f nN
hc re absent from the meeting. ne cori'nfef nat
where certain powers are YES 81 10 BODY or
Poarl TIM; body Or Board NAV cx,r-ls" 'ao'c
powers whenever there IS a majority lfcN"n'
There was majority present h" stated "h"n mo
award made.
O'Ercn's hcha, "Preirii~c neninf' an ini.N'dH'l
connecting for public work he declared. 'ir as
coniennatory a. f,voriiism shown 10 another
A.thouga Nc may admit That IN" 'ommits''Hr'r
n 70 vested With certain Discretionary row r. y"
maintain that they are bound 20 us" mem 20 me
advantage OF tho city
Would the directors u Nj cannons hank
we're they erecting new sir1- irre. b. satsh'I
should ne award the contract f1r '''f' more
Than ne could get the work done Tor by a re$lons-
be contractor" asked MIR She"1an
Ius,icc O I}rien reserved decision.