New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-06-26
LENTILHON TO FIGHT IT.
TEMPORARY INJUNCTION AGAINST THE
NORCROSS LIBRARY CONTRACT.

Mayor Van Wyck, Park Commissioner Clau-
sen, Norcross Brothers and others Will have to
explain some of the mysterious features of the
contract letting by the Board of Estimate and
Apportionment last Thursday. when NOrcross
Brothers secured the public library contract
with Did over $4,000 higher than that OF Eu-
gene Lentihon.
!. Latin Kellogg. acting for Mr.. Lentilhol,
Yesterday afternoon secured from Justice
Blanchard an injunction requiring the defend
ants 10 appear and show cause on July l why
there should not be permanent injunction re-
straining Norcross Brothers from entering upon
the performance Of their contract
Il may be remembered that when the bids
were opened the Mayor said in substance that
be was n favor of abiding by the judgment Of
Mr. Brainerd, one of the architects on the work.
and therefore would favor the selection Of Dor
set marble although Mr.. Lentilhon's bid pro-
Mding for South Dover marble was less, and
came within the appropriation for the work
Mr.. Kellogg viii put Mr. Norcross on the stand
and ask him leading questions concerning mys-
tsrious features of the contract. The plaintiff
will try 10 prove that Norcross Brothers have
q working understanding with Naughton & Co,
contracting firm known to have Tammany
hacking; that their Dorset quarry has not been
operated for twenty-five years: that there is an
no buildings with that particular kind of marble
IN their construction in this city. Just how far
Er. Kellogg VIII go in ventilating all the sur
iOundings Of the bidding can be judged by what
he said last night
There Is every indication OF rank injustice
having been done my client" said he land we
shall fight this case TO the last ditch. We are
absolutely confident of winning it,
By the papers it appears that the bid OF Lentil-
hon offering South Dover marble is SG0oOo0 be
low that of P J. Carlin. 100000 lower than
hat Of Thompson-Starrett Co & Crimmins. and
@6eoO lower than that of Marc Eidlitz q Sons,
and over $4,000 less than the bid Of Norcross
Brothers for the Dorset marble, who offered no
@d for South Dover marble. and refused to sell
any Dorset marble TO Lentihon
II farther appears. according TO Mr.. Kelloggs
papers that the Board of Estimate and Appor-
nonment was induced 10 select the bid OF Nor
cross Brothers 10y an alleged misstatement of
me architect, Mr.. Brainerd. II is charged that
10 marble has been taken out Of the Norcross
quarry for building purposes for over twenty
I'VE years, that it was not a working quarry,
mat the Drexel Building was not built of marble
@Aen from that quarry. as reported
an affidavit is furnished setting forth that
ny Brainerd. the architect. states that he did
mol recommend that the Norcrcss bid be ac-
.epted, but left the matter absolutely with the
Doafo Of Estimate; that the architects had no
.'lection 10 South Dover stone. but on the con-
vary they regarded it as very acceptable ma
terlsl
me plaintiff contends that the Library act
l'sihs no provisions authorizing either the
0'ro OF Estimate or the Park Commissioners
aEe any award 10 execute any contract,
that no contract can be legally given by
s VI the public authorities who derive all their
toT- olty from the legislature under the present
1,essoi VI the act II Is also asserted that the
Of - lofln OF contract violates the provisions
gorL +A-iDraTy act in that il provides that the
rror sthould be done and the moneys paid out
n-ss,one IL certificate and approval of the Com
tan 49, srs %, OF Parks for the boroughs OF Manhat-
n n, hchnond, whereas the Library act in
nonevp pigVlslons requires and provides that the
eate 20 stia be paid out solely upon the certi-
Solely t ne Fark Commissioners, and that they
s,sre, tl e4 nave power 70 supervise and
spplIes junction was granted upon the personal
sho ar '.n ~ OF Mr.. Kellogg. OF Kellogg & Rose.
bracle, me attorneys for the plaintiff. William
esis ~ a, taxpayer, who represents the inter
Mr. Lentilhoa.