New-York tribune., 1902-03-19
OFFICIAL FRAUD CHARGED
TWO MOUNT VERNON OFFICE HOLDERS
ACCUSED BY TAXPAYERS.
COLLISION WITH A TANfMANY CONTRACTOR
ALLEGED-MANY SUITS BROUGHT
AGAINST THE CITY

Another serious outcome Of the mismanage-
ment Of public affairs in Mount Vernon under
the Democratic machine which. led by Mayor
Edwin W. Fiske. has had control OF the city,
came 20 light yesterday. when papers were
served on the City Clerk and Common Council
by ex-Judge George 9. Appel. representing
twenty or more persons who are bringing suits
IN the Supreme Court 20 sci aside the assess
nents for improvements which were made in
front of their property in Bedfori-sve.. a rest
dence street IN Vernon Park. which they claim
were Illegal and wholly eNtravagant. The tax
payers. through their attorney. practically
charge collusion and fraud between Bart
Dunn. a Tarnmany contractor and brother Of
eK-SheTin Dunn. 81 New-York city. and two
Mount Vernon city oficials-John O'Toole Com
missioner of Public Works and George w.
DrumheIer. City Engineer They ask TO have
the entire cost Of the work. amounting to Sl4.-
go 80 aside the grounds that the city
illegally changed tho grade without complying
with the city charter and that the contractor
received false certificates from tine city officers
certifying that he did certain work when in fact
he dd not DO s. Judge Appel and his clients
estimate that the contractor paid about
$1,000 more than he entitled to had the
work been done in a reasonably economical
manner. The taxpayers whose names appear
IN the actions follow. Benjamin Westervelt J.
& Bennett. Clarence s Mcclellan H. 6.
Wheeler. Wallace Van Dorm. " J Fee George
A vreeisnd. Louis wieseman Thomas r.
Hodge Anna Johnson Martin Ackerman
Frances II. Wilson, ". H. Martens, y. W.
Whtmore and Anna l.. Johns Here is OF
the specification In their complaint:
That prior 20 the foth day Of June. 1901. the
aforesaid contractor Bart Dunn and the Com
missioner of Public Works OF the defendant or
his chief engineer. or both. conspired and con-
federated together for the purpose Of fraudu-
lently procuring from the defendant payment to
the said Dunn AT the contract rate, for more
excavation than he the said contractor, would
CT could do under the aforesaid contract or upon
the aforesaid work of regulating. grading and
otherwise improving Bedford-sve. from East
Third TO East Sixth-st.. and having the cost
thereof including such fraudulent increase. as
sessed upon the property within the district of
assessment hereinafter described including the
property II this plaintiff"
MANY MORE SUITS COMING.
city Clerk Hoyt. upon receiving the papers in
the suits. turned them over to Corporation
Counsel Marshal j. is said that the suits are
only q few - u large number that the residents
of Vernon Park and the section Of
Mount Vernon viii bring vacate the assess
uents on the almost ruinous improvements that
have been carried on in the neighboThood by
Bart Dunn. who seems 10 have had mon
opoly q vast amount Of work in Mount YER
non. Charles II Lovett. the newly elected presi-
dent of the Common council, when he learned Of
the action of the taxpayers u Bedford-ave., said
to-day
This is no more than 7 expected. Nearly
quarter Of A million Of dollars has been sunk in
costly Improvements in this neighborhood, and
4 the assessments in many cases are greater than
the value of abutting property. 1 understand
that Nr. Dunn had three very fine contracts at
Vernon Park. one was sewer which cost
Slj00o0. then there the Sixth-st. extension
AZ S97 600 and the other the Bedford-sve. grad
ing al S14oO0 The sewer. the Sixth-st. eXten-
sion and he Redford-ave. Improvement We're so
near each other that they intersected. I under
stand that the contractor took the stone from
SiXth-st and paid for removing Il. and that
he used II in building the sewer and received
pay for il again. Then. / understand. he re-
moved the dirt from BeGford-ave. at much
cubic yard and used It ill In the Sxth-st.
extension. where he also received pay for It. So
that he practically was paid twice for moving
the dirt and rock each IF the contracts. If
this is true, there is nothing criminal in il so
far as the contractor IS concerned He was
merely fortunate. But what Of our officials who
allowed such loss 10 the city TO go on? You
can form your own opinion that. These
only number of many extravagances that
Mount Vernon people are called upon
pay for
The Tribune reporter learned that probably
many taxpayers along the Sixth-st. extension
are preparing TO ask that the assessments be
vacated and the work be made public charge
Joseph :. Wood. president Of the Board of Edu-
cation and a prominent Mount Vernon lawyer
has a number Of cases. It IS said that there is
only house the line Of these improve
nlents. which were made at a cost of S97 Op0
This house was left so low that it was aban-
doned and is tumblinG down.
The papers in the suits of the Bedford-ave.
taxpayers have been turned over to Corpora
tion Counsel Marshall. Mr.. Marshall said to-
day that it probable that the city would
fight them to the Court Of Appeals
The action is simply a civil one" said Cor
poration Counsel Marshall but the papers con
tain some very serious accusations against Com
missioner O'TooIe and City Engineer Drumheller
They are accused practically Of coliuson with
the contractor II. these charges are proven at
the trial. It is up 10 them. II they are not
proven. 1t seems 10 me that they should have
some very good actions for libel against Mr..
Appel and his clients"
WHAT THE ACCUSED SAY.
Engineer DrumheIler. who is accused in the
leonpleints. declared that the charges are un-
true. and said: We are not saying much. but
we will make some feel sick before this
rhing is over. We will make them prove these
charges. and II they don't-weH, I'll not say any
more It's time to talk when the case comes
20 trial"
How about these statements that Bart Dunn
received pay for removing earth and stone from
one street and again paid for deposting
them somewhere else asked the reporter