The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-22
IAYOR Anglers J.B. MCDONALD
,rSFRyOyR CONTRACT NO GIFT
nm HIM, CONTRACTOR RETORTS,

49,, tina City Hasn't Dealt Half SO Gener-
"' o,,sly with Him over 1t as He Has I'm
w.,,,rn-Asks for Years Extension,
.ndl.ow Den,tIrs at Granting More Time
Contractor John b. Mcdonald, who is
,.,.,n, trouble with the Merchants Associa-
,t.,, hsca,ss it objects to his getting 5000 900,
,i~o Tor the building of the western wall OF
the Jerome Park reservoir, ON the ground
.hot no hasn't kept his contract, went before
tho Aoueduct Commission yesterday and
,,ode the meeting lively for few minutes.
Mr. Mcdonald first asked for an extern
,;,,, NJ n wears time in his contract for
huilding that part OF the reservoir for
,.hich the Merchants Association thinks
hs .bouldnt be paid Then he said, with
r,ucb posl,'veness and looking straight at
Mayor Low, that if the Mayor, OF the mem
hcrs Of the commission. or anybody else
had the IMPRESSION that the city had con-
serred any obligation on him or had made
him A gift of money they were mistaken.
COMPTROLLER Grout seemed to agree with
Mr. Mcdonald and said SO, but the Mayor
said nothing Representatives OF the Mer-
chants Association were present, but they
kept mum,
Rssore Mr.. Mcdonald made these re-
marks the commission decided, on the
motion Of Mayor Low, to have its finance
o,mmittee, of which Commissioner Curtis
is chairman, take testimony on the protest
Of the Merchants Association against the
payment to Mr.. Mcdonald Of 100000 for
the building of the western wall Of the reser-
yoir Comptroller Grout remarked that
the committee would not have the power
10 iss,e subpelas, but could take the
testimony Of the employees of the commits
sion and whoever cared to submit volun-
,ary testimony Mr.. Mcdonald and his
counsel, ex-Judge Henry +. Rowland, made
no objection to this plan.
1t was right after that, that Judge How
land told the commission that Mr.. McDon-
aid would like to have his contract, which
expires on Aug. l, extended for a year.
Mr. Mcdonald made similar application
10 the commission about a year ago and 1t
was granted but the cont ract was not rati-
fled until two and q half months later and
Mr. Rowland said that Mr.. Mcdonald had
lost lust TO much time. From other CAUSES,
Mr. Rowland said. Mr.. Mcdonald had been
delayed and needed more time,
Mayor Low said that the city was ready
and willing to do the fair thing by Mr.
Mcdonald but he thought that when the
contractor made the application he must
have known that it wouldn't be granted in
a few days
Comptroller Grout didn't agree with the
Mayor He said that the application was
made on July 20 and passed by the Board
Of Estimate two days later Then it went
TO the Corporation Counsel's Office and there
II stayed until Oct. Q. Why, Mr.. CIRCUIT
a,;l Ia liln't lrnnw h,tt ha Iilp't tbinlx
that Mr.. Mcdonald should be- held respon-
sible for the delay.
Tho Mayor still demurred and then Mr.
Grout told Judge Rowland that formal
application. specifying why more time
was needed in carrying out the work would
have to be submitted to the commission.
Mr. Rowland started to explain the diff
and that was what brought the contractor
to his feet.
The contract said Mr. Mcdonald,
-is burden TO me and the city has not con-
fsrred any obligation on me. The eight
hour labor law hurt me. Your own ex-
perts agreed that was entitled to a bonus
Of 275a per cent. and accepted rs. Iwould
bs glad to work the men two hours more
every day and get the work done"
MIR. Mcdonald referred to a charge OF
the Merchants Association that the S4C0 900
which was awarded to him because of the
enactment OF the elgbt-hour law was a
pure gift. Mr.. GFout again backed up the
contractor by stating that when a laborer
worked eight hours he wanted pay for a
ten-hour day, and that some people (pre-
sumably the Merchants Association) didn't
know what they were talking about.
Il have been much more patient with the
city than the city has been with me in do
ing this work, Mr.. Mcdonald added later.
The commission replied to the charge Of
the Merchants Association that the COIN
mission had illegally given contracts for
work between the old and new Croton dams
by handing out an opinion by the Corpora
ton Counsel on the subject. Mr., Rves
saws:
In view of the broad powe and discretion
committed TO the Aqueduct Board by the
act OF 1889 and the general language Of
those portions OF the contract which YOU
especially refer to | do not think the position
Of the Merchants Association is justified,
u was not incumbent upon the Aoueduct
Commissioners, when they drew the contract
and prepared the plans, TO show in detail
every item of the work to be done. the
plans were expressly stated to show simply
the location and general character of the
work Detailed working plans 1t was eX-
press!y stated, were to be furnished by the
engIn' er Is the work progressed. and OPP
Iortunty Was reserved to make such modi-
deem necessary during the prosecution of
the work The earth and rock excavation
were not limited 10 the site Of tho dam itself.
bun embraced any other work which the
engineer may order
\ letter from Contractor Mcdonald, re-
pIvlng to Mayor Low letter saying that
there were reports that a larger force Of
men might 10 used TO advantage on the
Jerome Park reservoir, was read. Mr..
Mcdonald says that 800 men are employed
all that can be worked to advantage
under present conditions. As soon as the
special commission, which is investigating
ne reservoir has made its report, Mr.,
mcdonald says, more men can be put to