The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-22
WHALENSTANDSBY RAMAPO
ARRAYS HIMSELF WITH DALTON,
HOLAHdN AND BIRDSALI,

the Ramapo contract upon the people OF New
York come forward and declare their faith In
that severely ridded instrument. Frat II was
Water Commissioner Dalton; then President
Holahan OF the Board of Public Improvements
then Engineer Birdsall. Mr.. Dalton's adviser;
and yesterday Corporation Counse John Whn-
len went on the stand before the Mazet Com
mittee and pacidly said that the contract would
be good thing for the city II II were adopted
Supreme Court Justice Charles II. Truax. who
ia stock holder in tho Ramapo Water Com pa ny.
and was one OF its counsel. was also q witness.
and said that he revised the contract
which was presented to the Board Of
Public improvements. Another member
of the Ramapo Company who appeared
was the chief engineer Peter 4. Nostrand.
and that he hasn't appeared before 10 rather a
joke on Mr.. Moss who has been wanting him
very much for several days and has had sub
pPna servers looking for him under the name
OF Van Nostrand. while the engineer has been
doing business undsturbed at his offce as
usual. He refused to give any information
about the company. or to furnish the options
and maps in his possession. on the ground
that he had no right to do so except by direc.
ton OF the Board OF Directors.
wHALEN SAYS THE CONTRACT Is LEGAL ONE.
When the Corporation Counsel was called
Mr. Moss asked:
VINO lTbI UeutlOneU 70 you tne hafndpO
contract"
Well. I'm not sure" replied Mr.. whalen.
EFT was either Mr. Holahan or Mr. Dalton.
Both OF them talked with me about It. Mr..
Hoahnn brought the contract to me.
q. Who was there when you changed itf A.
Mr.. Holohan and Mr. Birdsall.
Q. Didyou discuss 1t with them after you had
chanRedit It? A. Yes Mr.. Holahan said 1t was
all right and Mr.. Birdsall said my changes were
in favor OF the city.
.. Did you look into the company at all? A.
No, sir; 1t wasn't necessary.
y. Did you inquire into the property OF the
company? A. That isn't my duty. All have
to do 10 to see that the contract 10 a legal con-
tract.
y. Was it a legal contract? A, think IL was.
=. Who In the city government is the man
to determine whether or not a contract 10 legal.
ifnot the Corporation Counsel?
The witness said 1t was his business to ad-
wise the city departments whether they had
power to make contracts
Il assumed" said he. that In this case the
gentlemen having this matter in charge would
take steps to find out whether the company
could carry out the provisions Of this agree
ment. II they come to me for advice on the
subject I'll give 1t to them"
q. But could the city recover against the
hondsmen IL the company had no legal exist
ence? A. 1t is assumed. Mr. Moss, that since
tho members OF the company are all good Re-
publcans. they would 40 to your bonding
company for its bonds. and that this company
would satisfy itself of the legality OF the cor
poration's existence.
.. You consider this contract a good thing
for the city? A. Why. yes So do you. don't
you? You're lawyer.
y. Don't abandon your position Of a witness
know it's hard for a lawyer not to ask ques-
lions. and / want answers. A. That's right
Yes. think it's good thing for the city
y. Where is the 300 feet elevation to be at
the city? A. / should think so; shouldn't your
=. Did you consider that question whom the
contract passed through your hands? A. Not
particularly. understand that the pressure 10
to DO at the city limits. II the clause 10 not
clear they can change 1t when 1t goes back to
them.
.. Then you think it will go back to them2
A. Oh. yes: don't you?
O.. You are trying to get the court to dissolve
this In junction? A. I don't think there will be
any great difficulty about that.
Q. Are you. as CORPORATION Counsel opposing
the motion TO make the injunction permanent?
A. Certainly: that is part OF my duty.
O. You believe In the contract? A. II you
could get the company to agree to the contract
under it's present form. you would be doing
great thing for the city.
JUSTICE TRUAx TEsTIFIEs.
To accommodate Justice Charles Fl. Truax
who had adjourned court to come before the
committee. the witness was withdrawn as the
Justice took the stand.
"Iwant to state. Mr.. Moss" said he. that
have not evaded service OF subpoena as stated
in some OF the papers l have been in the
court house every day"
ANY such statement" replied Mr.. Moss
.,,&hA lad u Van, hauA nk
ovaded service. as know"
THANK you. Mr.. Moss" said the Witness
and the examination began.
Q. Are you a member OF the Ramapo Com
pany2 A. Yes.
Q. Are you its counsel2 A. was associate
counsel
O. Do you know where the secretary. Mr.
Lamont, can be found' A. To-day do not.
'hS amy oskers ss NJ buchsr told
me ne WAS "a stookhoider' Mr. Rsusens is too.
O. Have You had any conversation with any
person prominent politically about the Ram
z Win whom & Richard Croker.
=. When Al In October 1877 when yellow
kamapo. He asked me what the Rqmapo mat;
was recently when saw Mr. Croker in a the
atre where there was some Joke about Ram
y. Have you talked with any other person
Of political prominence about the matter? A.
/ have not nor have made any communica-
tion in any way;
q. Have you done any work for the company
In a Legislative way? A. Yes. in Albany in
1895.
o. Did you prepare those amendments to the
bill. which were credited to Mr.. Lauterbach?
A. | did.
Q, Had you ANYTHING to do with thu, pre-
paration OF the coutract2 A. | revised the
Contract sent me by Mr.. Lauterbach
.. DO you know. the address OF Mr.. La
mont? A. Its In New York city.
.. VIII YOU try to get the address for the
committee? A. No, IT isn't part Of my duty to
act as messenger boy for this committee. I'm
too busy Mr.. Moss.
That will DO" said Mr.. Moss.
III YOU want any more information on this
subject OF RamapO, Mr.. Moss" said Justice
Trnax. as he stepped down. call on me /
know a great deal about It,"
JUDGEMENTS by CONSENT AGAINST THE CITY.
Mr. Whaen was recalled. He denied that the
contract gave, the company any improper
powers though admitting that the city had
never been called upon to consider contract
like IL before.
Mr. Moss asked the witness for n list OF the
judgments entered against the city since Jan.