New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-18
THE PAVING OF FIFTH-AVE.

ARGUMENTS FOR A MANDAMUs 10 COMPEL THE
COMMISSIONER TO OPEN A CERTAIN BID.
Postmaster Dayton as counsel for Kelly & Booth.
contractors. moved In the Supreme Court before
Justice Smyth yesterday for a peremptory writ OF
mandamus directed against the Commissioner or
Public Works TO compel him to accept and open the
firms bid for paving Fifth-ave. with asphalt from
Ninth TO Fifty nnthst. and also to compel him TO
accept the check accompanying the bid and TO
award the contract TO the petitioners
Mr. Dayton commended that the firm had complied
with all the conditions precedent TO becoming bid
ders for the contract The bids were TO be opened
on August at II a. m. On the preceding day. he
said the chief engineer OF the Commissioner went
to Brooklyn inspect the works of the firm, and
said It was first-class plant, capable Of turning out
the material necessary On August at lO:D a. M
Mr. Booth went to the chief clerk with the sealed
bid containing a check for $500 and a bond for
so O0 and the clerk refused accept the bid. stat
ing that these were his orders. At IL o'clock Mr..
Booth went before the Commissioner and again
presented his bid and bond and the Commissioner
refused to accept 1t on the ground that Mr.. Booth
had failed TO file certificate showing that ne had
done work elsewhere, which was recommended as
having stood at least two years wear. Mr. Booth
replied that no had filed such certificate from the
chief clerk OF the city OF Fresno Cal. This was
sent for and when arrived the Commissioner sun
refused to accept Kelly Booths bid. Mr.. Dayton
alleges that the Commissioner then awarded the con-
tract on the spot the California Asphalt Company
Mr. Dayton said he did not know whether the IN
formation ne had received was true or not that the
California company had assigned their bid to the
Barber Asphalt Company but II ne found II 70 De
true he would ask that ne be allowed 10 hle an
affida VT 10 that effect 49,
Assistant Corporation Counsel Ward, who repre-
sened the Commissioner. said that the Kelly q
Rooth company had had no right in the frst place
TO bid at all of the main conditions precedent
the right OF becoming bidder was mat certinI
cate from the chief officer OF city where material
had been used simila 10 that proposed TO De used
here should be filed at least four days III advance
certifying the wearing qualities or the pavement
The certificate from Fresno. he said, had been nled
only two DAYS before the bids were 10 be opened,
and was insufficient moreover. because whereas 1t
stated that the pavement OF asphalt had worn SIX
years in front Of the Opera House. the area OF me
having was not mentioned Ii was also stated that
when the chief engineer visited the works of the
petitioners in Brooklyn. Mr. Kelly told him that
Inc firm had none OF the asphalt on hand that IL
could only be obtained in the West. and thar II
would be necessary 10 enlarge the plant for the
work The engineer recommended that the contract
be not awarded the petitioners Mr. Dayton
stated also that the bid should be awarded 10 MS
clients as their bid was $4,000 less than that of the
California company. which was s5lo,W
TIstice Smvth reserved his decision.