New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-11
PRICE THREE CENTS.
CONTROLLER .NORGAN DE.
CIDE.S AGAINST UNSET
TILED CONTRACTS.
CHARGES FOR EXTRAS IMPROPER AND
ABSURD CLAIMS OF NEARLY SEVEN
HUNDRED THOUSAND DOL
LARS INVOLVED

Albany, Sept 10-State Controller william J.
Morgan received a letter in July last from John
y. Partridge Superintendent OF Public Works.
asking II he in possession Of any facts
Information which would lead him TO refuse 70
honor drafts for the payment OF the final ac-
counts on nine Of the canal improvement con-
tracts named. on which the work was reported
to have been completed.
The Controller has heretofore decided that
Illegal and improper allowances were made on
contracts Nos and . middle division. Erie
Canal amounting to S2ls POI 10. and his ex-
animation of contracts Nos. 3 and , Of the same
division just completed. has resulted in his ind
ing improper charges on these two canal con-
tracts amounting TO Sll6llO96
He finds in the disposition Of these four con-
tracts that more money is due to the con-
tractors. because they already have been paid
more than they we're legally entitled 70. by rea-
son of such improper extra allowances.
These decisions Of Controller Morgan are of
great public interest. they cover the disputed
questions underlying all Of the unsettled canal
contracts and involve nearly 100000
In the following opinion will be found some
serious charges against canal management and
the methods employed by the contractors.
UNAUTHORIZED WORK REVEALED
Contract No. 3 Of the Middle Division was
for improving the Erie Canal from a point 100
feet west OF the Upper Hollow Quon Of Lock
No. 30 to 100 feet west Of the centre of Camilus
Road Bridge. a distance Of 392 miles. John
Dunfee & Co. were the contractors, their con-
tract being dated November H. 1896 The
amount of the contract proposal was Sl36si2.
the amount Of the final estimate 1899 ~;
the amount retained including 10 per cent re-
servo. S27O1j -
Concerning this contract the Controller says
A comparison Of the original plans and quantity
sheets of this contract with the final estimate dis
closes the fact that a large amount Of work was
done which was not specified In these plans, and
examination Of the records OF the Canal Board
shows that much Of this extra work was not
sented TO by said Board. In passing upon this
tract for final settlement. therefore, the question
for the Controller. who IS the auditing officer. 10
decide is do the bills for this unauthorized extra
work constitute legal claims against the State? IL
they do they should be paid. II they do the
Controller cannot draw his warrant for their pay
ment without violating a specific provision OF law
The Canal Improvement act Chapter 79i. Laws OF
1896 after providing that the work shall be let TO
the lowest bidder. upon maps plans and specihca-
tions made by the state Engineer and approved by
the Canal Board and making provision that these
plans may be changed by the Superintendent OF
Public Works and the State Engineer in a written
agl cement describing the nature Of the changes
and giving the reasons therefor specifically de-
clares that no change OF plan which results in an
increase OF cost shall be made until assented 10 by
the Cana Board
The contention IS raised on behalf Of the con-
tractor. however. that increase OF quantity does
not constitute change Of plans; or 10 state the
case more intoligcnty for tho lay mind. he
tends that an increase Of the same class Of work.
such slope wall. vertical wall. embankment etc.
in which the same kind OF material is used, is not
a Of he teeffo frat D..
considered IS. Does increase of quantity or a.
just explained an Increase Of the same class of
work. change Of plan? And for a
more intelligent comprehension Of the subject and
clearer understanding 10 just what is meant
when maps plans and specifications are referred %
in the statute. # may be profitable 70 follow in
some detail the method of letting canal improve
work
METHOD or LETTING CONTRACTS
The State Engineer IS first required 10 make a
careful survey Of the part Of the canal 10 be i'm
proved. and ascertain. with all practicable accu-
racy. the quantity Of embankment. excavation
masonry the quantity and quality Of All materials 10
he used. and all other items Of work TO he placed
under contract" etc. Chapter 7ei. Laws of 1896
Section a. He then makes plans Of every part and
feature Of the work 70 be done. i'm minItcst detail
upon tracing cloth. which plans become a part OF
the records of tho State Enginoerss Office The first
sheet usually contains a map Of the entire section
Of the canal to oe improved and shows where the
work is TO he done and Its character
The next sheet usually gives a profile of the
.anal prism. showing the topography Of the bot
tom and the banks The line Of the now bottom f.
also traced. and at every one hundred feet figures
give the difference between the old and tho new
bottom thus Indicating the amount Of excavation
10 be made. Succeeding sheets give the working
plans in the greatest detail. Drawings are fur
nished 70 show exactly how the vertical or SLOPE
w * "a he Ia aeaF hou
the embankment is 10 be built, excavations made:
abutments strengthened or rebuilt. whether sheet
piling is TO be driven in front OF the toe or con-
crete worked under the wall or a breast wall built
in front Of it; they also show how tho lining FOR
the wall IS to be placed. and how the stones OF
the wall to rest upon It. In short. true dia-
gram or drawing IS made for every piece part OF
the Improvement work, just as an architect would
prepare the elevations and working plans for a
building nc about to construct.
These plans supplemented by specifications
describing in detail how the work is 10 be done
and the kind Of material to be used in the different
parts Of the Improvement. These specifications
are also supplemented by quantity sheet giving
the number OF yards OF rock or earth 10 be ex-
cavated the amount Of embankment II any TO be
built. how much slope wall or vertical wall how
much sheet pillng TO be driven how much lining
used etc
These. then, are the maps plans and specinca-
from the careful preliminary survey OF the en-
glneer. and were approved by the Canal Board.
They exhibited 10 the contractor when he
made his estimates. Upon them he based his bid.
and they became part OF the contract when he
signed II during the progress OF the work u was
discovered that the plans as approved were not
practicable the law provided for necessary changes
recommended by the superintendent Of Public
Works and State Engineer. and approved by tho
Canal Board Authority 10 change plan could
have been As readily secured from the Canal Board
at any time as the approval Of the original plans
II such change commended itself to their juds-
mcnt
AN ABSURD CONTENTION
In the Hight OF these facts. | will proceed 10 con-
slider the contractors contention. that an increase
OF quantity does not involve a change Of plan
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