New-York tribune., 1896-04-03


Rrown receiver for Brown. Howard Co. lie
has brought suits against the city as follows:
For material and section OF the
aquenue, ~ .ecto, q q .............. 9os go q
70, Tor SAM ,ne ON section 5................. 7Gsiio 10
Total ........................... .'..'''.'''
The claims OF O'Bren Clark are as io'-
lows: . 800 -, .,
For material and work on section 52s - ~
For material and work section s...... lot4'' 30
Total .s?3I'.2's% %
"Iohn r. Rogers Edward Sharley. Edward j.
Farrell and others have claims for $4s3.lOo 3D. TOT
materials and work on Sections "A and l5' and
care Of Section l3 The contractors claims
amount 10 s6s9765l a. Besides that there are
mechanics lien claims seven cases In all, aggre-
eating about 81 OoO 600"
JUSTICE INGRAIIAM HEARD FROM
letter from Justi,, Ingraham. Of the Supreme
Court. in New-York City. was made pubic mere
to-day While asserting that some OF the aque-
due, contractors claims for compensation are
inst /; declares that the bill ot Senator Burns
T. ".n.irelv too broad" Justice IngrHham says
that ne read his letter - Justice Van Bruht, 'he
prosidIng judge Of the supreme Court of the
First District. and that Justice Van Brun; author
ized him TO say that ne concurred In 1t. The
Ingraham letter IL as follows:
Supreme Court Appellate Division. First Depart
m.nt New-York. March =. 1856
NV Dear Sir. An extremely busy week mas pre-
vented my replying 20 your letter o. MH'cn 70 ue
fore In 1891 tried the case OF . hf'eh aR' wv
Mayor which involved the right OF IN" CONTAGIOUS
who had built the new Aqn@dHci nh'e' oon' ~"
,rosc in pursuance OF the provisions Of 'hap'er
"a, ., the Laws OF 1853. That trial resulted IN
.uhs,ant!sl victory for the city. which was SUD
seouently affirmed by the Court OF Appeals
ON the trial I, appeared that certain Work hah
been aonc by the contractors which hai pee" o'
derel by the englncerS ana 81 "nrh mn1er the terms
OF the con,rac, and the provisons 81 ,or 1re ib"n
question could mot not p9 ,nat in some way pro-
Vision should be made FOR the payment o' '"es'
"I,Du"d "und with these claims. however. are several
claims which were clearly unjust ana .vp he
the city should no larse nIs amount OF extra work
,bni was ordered was ordered not as ,ti In
Dut as WV, VIZ ,h contract or TO make the Aqueduct
hat ,he contract provided II should De, any h,so M
~ work | 10 not think there eN.s,s any o'"e"
, snch W., any Kind in favor OF the contractors
PAD FEATURES OF THE BILL
,,Ao ,u that has been introduced. and OF which
o,v has bcen sent me- seems 10 me 10 "' '''''
TOO broad and to open the door Tor claims "sa,"-'
49, ,,,. ,rouuting 10 several millions oi doiiafS
for which the city should not unher any '"'"''
,ar, 90 lac held responsible. For examp,c, as ! rec
~ Ia,
ollect ~ s w. Ala n great deal OF grouting. which
c"nsised of filling up the spaces between we ,,or5
OF IN, ,i,' 'ThIs WAS not ordered extra work. but
as work necessary 10 make the walls OF IN. ~ cnn
a., en,ai I'm strength to that called for py lns oo,,
nc its"if and for that It would De extremely "h-
hlst 10 ho.d the city liable. Ill, -, ox,ra
'"ss an example however. OF The kind ol .Haa Aa
AZ, AZ az fnr wdirh think the city should pay tnere
,,erc excavations OF what wcr" cali-' "c'p.' md
M iM0r VIM, was unable to allow the contractors
- charge the city. For that excavation 'mI.n H ~
.,.o,id he an act OF Justice to require thc wy w
~ mo"'" TIE we're other claims to very hiBc
snount made by the contractors, such as ~. cr" ~
ioi nfs.,s ,s, Tomnissioners but those claims were
extremely shadoxy and unsuos,am,,a', an" n,. LlnJ
not think that for them any i''""' VI "'
exists ,,-,,,x,c
,,trl, therefore, that while certain OF the claims
ose,,cd nv these contractors are Just, o'hers Oh
them are extremely unjust. ana INA. "o ''' '"o'''
he passed imposing liability upon the c'.y ~, any
thing except for the extra WORK orneren ~ VI, "
,noers a. extra work. AMI not ordered py the e'-
o, ~ ,erformed by the contractors as a condi-
TO-, for acceptIng the work az compliance win
the contract and that in any bill that Is passed inns
distinction should be carefully preserved ana 'ne
right OF the contractors TO recover Im''' ~ ''o
ezra aI na woI Of Which the city received the benefit
am writing thia relying upon my recollection OF
the general impression produced upon my mind by
the evidence. without attempting 70 80 in'o s as'a xo
U,i, "oi when after refreshing my recollection from
the records hs s hns shSS% be
between the different claims by the contractoIs ~
would clearly be TO the advantage or the city 10
have all these claims involving. as they oo some
eight or ten millions OF dollars. settled IN way
that would be Just to the city ana 10 the con-
have read this letter to the presiding Justice and
consulted him about the matter lie presided a,
the General Term when the appeal was hearu anu
wrote the opinion there. He has authorized me 10
saw that he concurs In the Recommendations tnat
I have made and entirely approves OF the foregoing
suraestions Very truly yours.
GEORGE l.. INGRAHAM.
BvRNss SCHEME NOT FAVORED
The Brien claim was considered by the Sen
ate Cities Committee tonight. Senator Burns's
hill proyiding that a commission shall be APP
pointed to apprase the amount which may be
due for work performed by OBTien and his
partner on the aqueduct was taken up. The
sentiment OF the committee was decidedly ad-
yeree To Senator Burnss bill. and It's supporters
did not press the committee TO take action upon
II.
SUMMER SCHOOLS FOR TEACHERS.
Albany April 1.-The members OF the Corps OF
Institute Conductors OF the State Department OF
Public instruction. together with Dr. w. J.. Her
vey of the Teachers College. New-York City. ana
ntendent Williams OF Glens Falls, met to-
day with State Superintendent Skinner and Profes-
sor Downing who is at the head Of the teachers
institute department. In the State Department or
Public instruction, to consider plans for carrying
into effect the law enacted this week appropriating
xf 900 from the free-schOol fund for summer schools
TO teach peiagogic subjects. II was decided That
the summer schools should be held IN Chautauqu.,
Glens Fai.s and the Thousand Islands. They VIII
bc opered about the middle OF July and VIII con-
far .brea