New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-28
1T WAS ALMOST A FIGHT.
COMMISSIONER WOODRUFF AND THE
CODY BROTHERS AT ODDS.
A CONTRACT FOR PAYMENTS SAID TO HAVE
CAUSED THE TRoUBLE-MANDAMUs
p,ocrrDtNcc rxIpEArENED

CONTRACT FOR PAYMENTS SAID TO HAVE
CAUSED THE TRoUBLE-MANDAMUs
PROCEEDINGS THREATENED.
stormy scene was witnessed by half dozen
people In the office Of Park Commissioner Wood
ruff yesterday afternoon, in which Mr.. Wood
ruff and the senior member Of the firm OF Cody
Brothers, the we-known contractors. were the
principals 1t is said that fight between James
Cody and Mr.. Woodruff was only averted
through the interference of three or four clerks;
that both men got thoroughly mad and lost they
self-control. Park Commissioner Woodruff
could not be seen last night His friends secuted
the idea Of his losing his temper to any such ex-
tent as is reported. and said that all that the
affair amounted to was simply passages OF
words such as would DE natural under the cir
cumstances.
The facts leading up to the AFFAIR nave 70 ~
with the contracts for the macacamizng OF
Glenmore-ave., the bids for which were opeheu
on Monday Mr. Woodruff. it is said, mace a
careful ,nourv into the ability of the bidders to
do the work, and threw out the bid OF the lowest
h,dders Cody Brothers whose offices are IN
Park-ave near schenck-st.. on the grcund tha'
tbev could not do the work. IT seems that they
were the lowest bidders for both sections OF the
work the lob having been divided into TWO sec
tions According to Commissioner woodruff
Cody Rrothers facilities for doing such large
contract amounting TO nearly Slooo'o' were II"
adequate The next lowest bidder was Iho""s
Byrne. who bid SCOTS for the Eastern farA""'
section and S42OS9 for the Glenmore-ave sec
ton 1t was said last night that MI. by" w
hd cleo been rejected and that the contract hao
boon awarded TO Mr. O'Rourk and Mr.. McCahh'
uho renresent two distinct firms, ana WHOSE
| facilities are said TO be adequate TOT pro'"p''
fulfilling the contract. When tribune repo' ,e
saw William j. Cody one of the members VI '"e
firm, last night, he SAID:
I'VE consider that we were oul'de
,r.otad NV Park Commissioner Woodruff ana
| we don't know why he should nave 60
| ala Nv brother James called on him this AFTER
, >, 90. him with reference to our bid. which
n,.. rho lowest by several hundred dollars Mr.
u,oodr,,y told him that we would not get the
! wor,, as he did not consider us capable OF iui-
sui,s rho contract My brother went TO the
vouahout Bank and returned to Mr. Woodrul
| onc. inside Of an hour, and laid on MS desk
oort,eed check for $4,000. Offering to make MN
| nresent Of the check II Cody Brothers iai'eu
| 70 carry out the contract This die not sa''s''
Nr Woodruff who told my brother tha' lac
| u,ouldn't get the work anyway lou vi ~. -
| words ma .sed between them, but just WIFI '"e'
were am unable 10 say. -. 49,. or. unable
| "IS Mr. Woodruff supposes that we atS III" = =
| N do a niece Of work like that ADVERTISED iot, ~.
! Is totally mistaken. We nave lo-'on O. ~
+ roller available at once, ana loly aassarv
! horees together with all equipments heces'a,
| Tor tho prompt and satisfactory perlofi'aisss "
| such a contract. Two or three OF the u,onIrufS
| that submitted bids, and VINO MI W., Waht
| seems to look upon in more lasoi n,oLsv.
| than he does upon US. haven't got p'1 g.
with which to do any work II the ~ ra I'm r,oh,
| missioner had been at all ANXIOUS 70 w ,;on ~
| have
| E,ighteenth-ave in this city, Wnere We W. ~
structed 3ss miles Of road. sixty zee. WIZ ~ LIT
we are able TO prove that II Is "a - the state
| Tho heat niece Of macadamized ROAD III tue SO.
| - Sou,York We consulted with our la"yeI'
| charles s. Brandt. whose Once IS IN ."1 Iyood.
| mania Building this afternoon ai'el va. ,o.Ion
nm refused 10 treat fairly. and on MS auEIce
| r and ,mus proceedings will be begun against
| Commissioner Woodruff to-morro" NOR ha
In conversation with Thomas byIhe ~ % Pvrne
| ivp whose bid was second lowest, MT pyine
| ga Thar II Commissioner Woodruff jumped over
| his bid and selected one Tor hlsnei 1' "
| also would begin mandamus proceeuiHH sna O, n
| park Commissioned Woodruff was founa az
,o,a hour last night and made 1t clear tid' ne
| rad acted In straightforwara Tan. s ne
| handling OF the bid OF the Cou' D''
| said among other things ., ona
One Of the Codys came to me yesterday, snu
| after some conversation l asked MN II NC NJ 80
what the penalty forfeit per Gay was nreviousy
rnade u clear TO him that the work woulo nay
10 be done in ninety days. he SAID ne supp US
II would be something like - ia! .. az Co..
! a small sum. l explained 10 MN tna' .iic ~,
feiture woui be n per cent OASIS anu 49, ~
arnount 10 $3.50 a day. He admitted that ~
| I'D NOT hone to do the work in ninety days anu
| asked me II | was going 10 rob poor contraT.o. ".
nv exacting the forfeit penalty: toid MN ',r t
| there was such pressing need LOT naNihs IN, III
! York done promptly that should reel coihPe'e,,
| 70 exact the forfeit, and knowing that ne naJ
| otbsr unfinished extensive contracts IN haho'
| told him that could not see my way cieat "
| Icing him the bid His bid was what IS KNOW
a. a balanced bid, In which the charge lor sIe'u
| ing was made excessive ana the CnAise i'' W
| stamizing dioulously low A.. Ill,
Lone Of the things that made me REJECT the plu
| ~ cody Brothers was the fact that the seuioI
| member OF the firm told me that MS nrn hao wv
! steam rollers / found that he had ohiy one anu
| I told him that II for no other reason WouIu le
| fusa to give him the bid on the ground I'M. ne
! had made a false statement 10 me hHott.e. 49,
ation which Is q most serious one WIN iei.i
once 70 the acceptance Of the bid OF Couy bto'n,
ers ia the fact that learned yesterday .nat 'ne
| used the name Of a rival bidder james by ne vi
| the bottom OF their surety bond wthou. HIS az az,
t w thus committing what the courts wouiu
nrobablv hold to be forgery. ana thahiis me- i
bid Invalid When Mr.. Cody was tod tndt M
! hid would not be considered ne grew ansI! ar
made n number If reckless charges apout iaNo y.
sm Of contractors. l think there is no quest.o.
~ nv legal right to exclude any or al pus el'a
Va nv Judgment seem TO be invalid or unreasoh-
h,a They can go ahead and mandamus tne
park Department all they choose IL is peter ~
! bave a comparatively short delay at tne ossii,
| Ming ~ the contract than TO nave an l"9 ' =; :
! DELAY in completing II. | want the "o,h ~ III :,
! ninety days AID shall have IL done III '"'' ''''e