The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-12-01

OF sustaining II. In a court OF Justice;
II is doubtful whether the state can avail ifselt
their compensation. at least while the state re-
work and materials. The contractors were
acting in their. own interest and SO long as
they were %guiltless OF fraud. or OF collusion
with the State officers, they ought not to be
held accountable for the loss or damage sus-
talned by the state through sne neEsiefS a STATE
officers, public officers. however. occupy g dlt-
ferent position. They arc the rSpresentativ eS
their action must conform TO the authority
conferred and the duties imposed upon them
1.-The Canal Improvement law aimed to- SO;
cure definite and accurate maps, pans Anu
speciisstionSs oil tine er w0TH anu m preparod by
q skiiul and practical engineer. familiar
with the canals. before any co tnhpac s, there
tooppdent OF Public Works. Tho proper OBJ;
servance OF the duties thus imposed would
tion Of preliminary estimates for and the as
certalnment OF the actual amount required in
vTiSaod IN the several contracts. so that. except
fp very unusual or EXTRAORDINARY ciIGnm-
eta, stanc es tbe pl wSs'o or pc sp nS While the
provement. would be practically ascertained
and settled by the preliminary estimates ana
In discussing the, State Engineers liability
the report says: This oficer seems TO have
appreciated tho Importance of a complete sur
yey. which he CAUSED to be made at an expendi-
we're OF not S5o0; soSapleted as they he should have
been, SO that the entire survey should be con
neeted and complete and the ilnal eompntSStioht
Is quite clear. however. that the computations
upon the greater portion OF the canals were n tSs
frst contracts were awarded and executed, In
November, 1896. nor, indeed. until December;
we're eIecuted and delivered. Nor is it clear
when the plans and specificahons Were pre-
pared pared Or but eo II Il eyId shsy t Mere T not fnrnis he'd
mates OF quantities Of the different kinds Of eN.
~cavation TO be removed and OF materials 10 pc
used in the progress of the work. and the cost
or amount Of money required for the compile;
notes, as an authentic SOURCE Of information.
4 seem to have been largely. II not entirely. ig-
n SSd pa n ST1isaiE1fiR IL f MAKING PIaGf the he's general preiim::
inary estimate Of the expenditure 70 DO IN
errred fSCrr.tah the .e enlISrgsmehn ndj not received tho
defnitions OF earth and rock. as well as EN-;
In the light 2f the specifications, were neces.
sarily imperfect and unreliable. and could not
safely be. Inserted in contracts Of which the
specifications formed an, Integral part: me
Byiffsss tie t State Eo Ensineer. after consuitstion With
his deputy and the division. resident and first
assistant engineers. and were not uniform In
It appears that the information contained
in the now survey and furnished by the meas-
urements and data connected therewtth,. when
the combinations were completed would have
enabled the State Engineer to have made pre-
Total cost Of the Improvement substantially
accurate. of which he was cogniZant at the time
plans and specifications and determine. the
Estimates Independently ofthe survey. and the
estimates Of quantities were, therefore. defec-
and accurate and complete estimate made. as q
rule, either Of the quantities Of work or ma
penditure required for the, entire work as con-
templated by the statute, but PARTICULAR sums
divisions and contract sections and adopted by
the State Engineer. to. bring the, entire and APP
parent cost Of Thework within the limit of the
Judge Gouptryman then refers to the agita-
tion leading up to the canal Improvement ap.
nppropriated would complete t6eimprovement:
,as,ss the ps ste ct The nn sam ; T q 1 SsE5 t astF sRd N me e9s
could not be SO completed that The
t fsSeutr cost within the appropriation. and that
haste was made to exPend a large amount n
ton was insufficient, and. for fear, the
work might be, stopped. the State Engineer
tain with practicable accuracy the quantity OF
e~mbankment, excavation. masonry or, other
Contracts; or. II such Quantities we're ascer-
tanned. he did not accurately state or include
them In the quantity " Iha n sheets So 4a that a the sg could could
them, to make proper: safe and Intel;
or items thereof embodied. as contemplated BY
statute. in the contracts with proper care or
ferests against the subsequentc claims ofthe con-
tractors for additional, or extra work. In other
Wit6ont the re sfss,mess' to ,ot the proSisio msfi In The
specifications regulating the nature. and eI-
tent # such work, and md dsaI ths other na I haSdi the
Hons Of work therein contained were formu-
lated Independently, and without relation to the
ties had been ascertained and determined. This
is evident from a comparison of the estimated
materiaIsc contained in the quantity sheets with
the later revised estimates. and as to COM
pllssted c ont r Tsid w. yin n tn fne sS 1dIa Antilles n ana Z
IS equally evident from the dispartties, in the
amounts of expenditure contained in the pre-.
liminary and subsequent estimates OF the cost
OF the Improvement. and also in the original
estimates and the actual payments made un.
Judge Countryman here reviews several con-
tracts, showing that several hundred thousand
the estimates. contracts running over from II
to 80 per cent. OF estimated total cost. and says:
A some q the contracts have not heen hall,
Be largely. Increased above the latest estimates;
the Quantities Of rock contained in the original
and revised estimates, relating TO the contracts
in the western. ulVlblOn. vi Une ulUeen cOn-
tracts awarded in that division the preliminary
estimates of the quantities of rock show a
total Of 348,150 cubic yards. and Of this
amount. 292,5l9 yards were removed to
untouched 81 694 cubic yards Of rock. making
q total of 612, 203, or an excess over the original
estimate OF 26S,S50. which excess at the con-
tract rates would cost $3.50 1886 to excayate
over and above the original estimates. The
extent Of the general increase In quantities is
also Indirectly shown by the revised estimates
OF the entire cost Of the work at the contract
rates as heretofore given.
1t is evident from the various estimates Of
quantities and amounts of expenditures above
set forth that gross inaccuracy peryades. as a
rule. all of the quantities embraced in the more
Important contracts in the. canal divisions
adopted for the purpose OF this Improvement.
But there are many. instances in each of the
divisions in which 1t is apparent that no proper
estimates were even attempted to be made in
preparing the quantity sheets for the use OF the
bidders.",
Judge Countryman cites several instances to
support this contention. and adds:
One of the usual results in letting contracts
at a nominal or very low estimate OF the guam
tity OF a given material in the bidding sheets
was q comparatively high bid, as such a bid
would not greatly increase the total amount of
the proposals, and in the event Of a consider
aII.s ,an.,na -N,,ll a,,.a 80 tLA -. .