New-York tribune., 1896-04-01
4 PROTEST GOES TO ALBANY.
crrv AGAINST THE AQUEDUCT CON-
TRACTORS CLAIMS.
STRONG AND HIS ASSOCIATES SEND
o,,.1. TO THE CITIES COMMITTEE HOS
TILE TO THE BILL NOW BEFORE THE
LEGISLATURE PROVIDING FOR

LEGISLATURE PROVIDING FOR
SPECIAL HEARING.
49,. o,tempt Of the aqueduct contractors 70 take
ooo ont OF the city treasury by means OF Dill
w. ha,ore the Legislature. which provides TOT a
nv ,,.,or n hear and determine all claims arising
- aoueduct construction. independent OF the
-. v,lI be stubbornly resisted by the city author-
~. Having been beaten in litigation Obrlen ana
s, and their hackers are again appealing to the
,~s,.ture 10 secure their unjust and unsuostant'-
.tea demands The bill was introduced al Albany oy
.,,Ivran Wharton with the title: AN act to
-,,de for the final settlement. determination ana
po.nt Of certain claims against the city OF Now
York" ,., - .
=. ,,.na rcd by Corporation Counsel Scott and was
,oraoy presented to the Cities Committee in both
;.o,o,es NJ the Legislature The document was
.,r,aa bv W L. Strong Mayor; Francis NJ Scott.
Counsel 10 the Corporation Ashbel F. Fitch. Con-
,rolsr. John Jerolonan. President OF the Board OF
Aldermen; F. P Barker president OF the Depart
mon, of Taxes and Assessments and ]. c. Duane.
n-as,asnt ,f the AquedIct Commission. The bill
ofarred TO proposes 10 nuify and abrogae not only
eve ,aw under which the work done. but also
th exnress terms Of the contracts which were made
Nth the city by the contractors before they were
awarded.
The memorial asserts that by the proposed act the
commissioners are directed to award to the several
claimants. not the amount PROVIDED lot Dy tne sew
ral contracts nor the value at contract prices
a, the work which they were lawfully required to
nerform but FOR such work labor and services rem
dered and materials furnished to said city such sum
as shall be the fair just and reasonable value there
of over and above all payments made by said city
therefor and said city fairly and Justly ought TO
pay therefor
"A substantial part Of the city's defence TO these
claims Is that these contractors knowingly and will
fully violated their contracts and executed their
work in fraudulent, defective and improper man.
ner and Of this the evidence In the possession
Of the city Is conclusive. This bill proposes TO de-
nav for all services rendered and all materials sup
plied II will not matter whether the work was done
we'll or ILL., frauduently or honestly. These claims
are now all in suit. They aggregate over $s5o ,0o0
ore action only has been tried. and that has re-
suited in favor OF the city.
main two large classes: F!rst-They insist that
under the of their contracts they are entitled
10 much larger allowance for certain classes OF
work than has been made TO them. This contention
has been disposed Of by the Court OF Appeals The
second large class of claims is that which is impu-
amount o. defective work which discovered
along the whole line OF the AQueduct.
"Any legal questions that may be involved should
be decided by judges. and not by laymen ques-
srbiirators. The city Of New.York asks for no
Controller Fitch yesterday sent in a vigorous pro-
test 10 Albany against the Aqueduct contractors
robbery bill. his own account. addressed TO
Chairman Austin OF the Assembly Committee on
cites The Controllers grounds for opposition are
/practcally the same as appear In the memorial
Already quoted.