New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-22
DETAILS OF THE HEARING

DETAILS OF THE HEARING
Before beginning the taking Of evidence before
THE Nazet Committee yesterday Frank Moss pre-
sented q tabulation OF the work done Tor the DOCK
Hoard on treasury orders-orders issued upon the
,iea NJ emergency without public competition. The
o-6ers given under this system were as follows and
their value fully bears out MT. MOSES contention
trat the law for public bidding has been consist
emily evaded and that favored firms have greatly
benefited thereby. Nineteen orders to Morris
Cummings dredging SOS. 4Ss; twenty-nine orders to
Naughton & Co.. for piles and lumber, slol95'
twelve 10 John NJ Sheehan. for paving, SIe -FOUR
10 Thomas Nugent. painting, N,lso; twenty-nlne 10
Edward F. Heating & Co. AAA9; twenty-nine 10
7 z Ogden 81, 15S: thirty-four 10 Murray * Co..
SO 778: thirty 10 the National Contracting and sup
r,, COMPANY Ses9; sixty-nine TO H. p. Drew
s24 go; twenty-nine 10 J. c. Orr d Co. Slo7"' Iory
70 Charles Foersch Sc $751; nine 20 George W PUNK
81 SO 500, eleven 20 John +. Kane Co.. cement
S436sO; seven TO the Uvalde Asphat COMPANY
81 sl3: fifteen 70 Martin b. Brown & Co.. $l52sS'
two 70 the Sicnian Asphalt Company, $780, thirteen
10 Carroll Box and Lumber Company. S.l8 and
twenty-five 10 Brown Fleming. s''Soi
John Won Knoe5el. asphalt expert, was hrst
oauAd As a result Of his examination OF the as
80, a,orl, done by the Uvalde company under the
Dock Departments Treasury orders he had found
the pavernents had been badly laid. and there were
such deep imprints IN the surface that the water
did not drain or. great deal OF tho work was
already in a dila p!da;st condition.
wHALEN ON RAMAPo.
Then Corporation Counsel Whalen. who has been
twice before called without responding 70 HIS name
took the stand. lie brought with him an original
corv OF the Ramapo contract. The contract was
rrst brought 70 him by Mr.. Holahan and before
passing upon = he had made various changes IN It
which he thought necessary for the protection
Of the cty's interests Mr.. Moss asked him several
questions concerning the property owned by the
company It's titles and options but regarding these
Mr. Whalen said he knew nothing. The inVestsa-
ZION OF these matters he said, not part OF his
duty He had merely TO pass upon the legality OF
the contract. Mr.. Moss sought TO show an analogy
between counse,s duty in passing upon title
which his client was about 70 acquire and what
was incumbent upon the Corporation Counsel IN the
present case Mr.. Whalen declared there was no
such analogy It being his duty merely 10 pass upon
the contract as 10 form. as some four thousand
others are presented 10 him every year.
II Will take you al your word" said Mr.. Moss
you were 10 pass upon the legality Of IT, Now
that involves the legal right Of the company TO
make the contract does It not?'
Tt IL for others 10 decide the wisdom and pro
prtety q making II That is FOR the Board OF Pub
lie Improveu ents They would no doubt find out
whether the company is able to carry out the con
tract"
But II the corporation had no legal existence
how could It's bond be worth anything?'
Such bond is usually given by some other cor
pora.on. not by itself"
Put could the city recover against the bonds
men Il the company had no legal existenceT
1T is assumed that, all the members OF the
company are good Republicans. they would go 10
your bonding company for their bonds and that
this company would satisfy itself Of the legality
% the corporation's existence Mr. Whaen an
swered. somewhat fippanuy
rs not the right Of the company 20 make a con-
tract question OF law
nd he
1T IS just such a question would be asked OF
you IN law school"
II you asked such question that In a law
school the professor would laugh at you
And II the professor asked such question OF
the student and he couldn't answer the professor
would mark him down" Mr. Moss retoried. hoty
Mr Whalen then volunteered tho statement that
he thought ne understood what Mr. Moss wanted
that know what were the Corporation
Counsers duties in the making OF contracts II was
his duty no said. only 70 advise the CITY Depart
ments whether they had power TO make contracts
and not whether the company with which they
were NEGOTIATING was responsible Mr.. Mazet sun
thought this was not satisfactory reply 10 ue
question but he did not succeed IN getting better
one. When forced TO corner. MI Nhaleh lounu
refuge in ne contention that the so-caIeo contract
was merely an option
THINKS THE CONTRACT GOOD ONE.
Mr. Whaen you considered the contract GOOD
thing for the city, Mr.. Moss asked. switching on
70 another line Of examination.
y Go Don't your answered the witness. II
can shane my contracts 50 that the city VIII
get the best OF It. / satisfied We are not
looking after the interests OF corporations
would not the contract put the corporation IN
the power Of the Water Commissioner for iorV
years 70 Gomez"
q, would not put any such power in the hanos
OF single Individual"
Why od you pot draw up the contract no 'na'
II would protect the corporation from ue p0SS'-
bilty CT blackmailT"
well. as It is composed Of good Republicans
was not looking after their interests was s'i"-
ply interested IN protecting the city
Why 40 you not cause the clause proV'oins
Tor reservoir 800 feet high 10 be built IN the Guy
70 be put in the contract?'
Because ! was not taking The place or tho en-
glneers and the other municipal officers whose
cuues It Is 10 arrange such matters
MI Moss asked the witness several tneS why
yafc