The San Francisco call., 1898-01-26
Were His Sensational AL legations Inspired by
 Malice
ExplanatiOns Throw Light on the Motive Of His
 Charges.
ARCHITECT SHEA TALKS.
Interesting Results of an Investigation of a Suppressed Grand Jury
 Report.

Architect Frank Shea and the mem bers of the City Hall Commission are indignant at the sensational statements of Contractor D. O'Sullivan, formulated by him while member of the former Grand Jury, which plainly charge rob- bery and jobbery in the construction of the City Hall dome. Their expla- nations, supported by the records of the commission, rather extinguish the glimmering light in which MT. Sulli- van posed as a coming City Hall St. George, about to slay the dragon of corruption.
 '"The so-called suppressed report made to the former Grand Jury" said MT. Shea yesterday, 'fs wholly inac- curate as to detail, and was inspired by vindictiveness. MT. OSullivan is its author. About the time he was concocting it the Mayor received anonymous information that a private investigation of scandalous import was in progress on behalf of the Grand Jury, and like advice was received by one on the outside. The matter was brought to the attention of the com mission, and they at once instructed the secretary to formally invite the
  Quiry, prOffering at the same time every possible assistance. The invitation not needed, nor was Mir
 private report ted T. ae
 Jury o- lfElt5 repor
 l- ths ln2Hce inspired 1Ae
 te34ena cE 4Ir e SU t5tan was slg-
 ated
 am saurels oergain as to that fact. Atr. o Sullivan l ka6 known .or some ll1e, Waen he eaH.z- e. .ae one dag and asked thsa ssfa 85n iE ] could in se- curing d suDocsb tract ezl fsa work did ali that l9J in uy power te heiu ni51 ] spoke ro air q. EG(icesr, rep
 the Scp F'rarCtsc0 Noveltv ar5 WL
 >eatEa l hE
 sarai fa56- ,, 3ase.ca ta ,Ii- Ssa sasse .--- A,r. O'suIlivan failed 10 s-- ,ne subcontract for which he bid. the clustering. Shortly afterward he got on the Grand Jury"
 It seems that MT. Rudgear endeav- cred to befriend MT. O'Sullivan His bid,' said MT. Rudgear, was a thou sand dollars in excess of the lowest but l told him that if he would pare it down as closely as possible he might secure the subcOntract, inasmuch as I would look to him for a good class of workmanship. He came within $500 Of the lowest bid, and then I offered to
 
 5ected to signing 1t on account of a clause which was embodied in all my subcontracts, because 1t is in my con tract with the city. This clause has cost me several thousand dollars, I'll admit; but l have taken great bride in the work and gone to every length 10 satisfy the commission. I would not let Subcontract without a similar agreement, and the result was that MT. 0 sullivan angrily declined to take the work.
 The objectionable clause was as fol- lows:
 l3 In case it should be found, during the progress of the contract that any work or any portion of any of the work or material included in the contract can. without preju- dice to the building. be omitted; or if con sidered desirable for any other reason the contractor shall, on receiving the written or der of the architect, omit any work or ma terfals as so ordered; and such omission if any, shall not in any wise yitiate ar mt or end to the contract, but the value of tba same shall be ascertained and fixed by the architect according to fair and current rstns tae and prices, and the amount thereof be deduct ed and kept back from the contract amount or from any installment or balance due or be. coming due to the contractor on account of the contract.
 The protective purport of this agree ment requires little elucidation. It's plain intent is to leave the commission and their architect masters of the con struction, both in the matter of nro curing the best class of materials and in modifying the plans for architec- tural betterment. While the law does provide that no alterations shall be made in the plans between the time bids are made and contracts entered into for the obvious purpose of pre- venting collusion, 1t authorizes modifi- cations subsequent to the date of con- tract, manifestly to afford scope for complete control of the materials used and for those architectural improve mi e hi int1 f,a1x r
 d1ent in raising great structures as practical progress is made It is in keeping with the latter power that the commission imposed on the San Fran cisco Novelty and Plating Company the agreement quoted, which Mr OSulllVan found to be obnoxious when he was about to enter into a sub-con- tract.
 The specific scandal in Mir. O'Sulli- vans report, to which he points as proof positive of willful evasion of the law, in that certain contract specifica- tions were omitted or changed looks ugly until the law and the records have been investigated. It has been pointed out already that the commission is fully empowered to change the plans and specifications during the perform ance Of the contract, provided that thereby the contract be not vitiated They are further required in maline such notifications, to convert the ma. terials to have been used to other uses or to apply the sums of money repre- sented to improvements not contem- plated in the original plans. That is to say, when the architect found that an economy of iron or ornament could be made in one place and used advan- tageously in another, the commission if satisfied with the recommendation so ordered. If, again, he discovered that certain specification was either unnecessary or undesirable with rela tion to the original plans, and that in the plans and specifications an un- foreseen improvement, found to be necessary or desirable, had been un- provided for, he advised the omission or the one and the substitution of the other Under the law the contractor