The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-26
CIJNNEEN ANSWERS ALL OF EN-
s,KtTE PAID TO FURNACEVILLE
q. WAS RETROACTIVE.
n, Material Already Excayated. by Con-
tract, at ~ Cents-No Hard Pan There
Anyway-t'heers for secretary John
IIny Interrupt speech by Towne.


rrr,ocaville graft without gloves at Car
.ar,a Hall last night. The meeting was
.rranped nv the Citizens Independent
democracy. of which Francis Burton Har-
riso,, used to be the president, and 1t was
attended that the Attorney General should
bo fine principal speaker because the organi-
gs,ion which arranged the meeting is red
hot for the election of Herrick and Harrison.
Charles A. Towne was introduced as the
first speaker by the chairman, Edward A.
Crowninshicld. The hall was about three
quarters filled when Mr.. Towne began
talking on national issues. After nearlytwo
hours it was not so full and he said:
Tomorrow night in this place, and I
sincerely hope to larger audience John
Hay and other Republicans are to speak.
should like to ask John Hay, or any other
republican, why war which began with
the liberation of one people ended with the
subiugation of another"
The mention of the name of the Secretary
O, state provided a whirlwind of applause,
and Mr. Towne had to wait while before
he could make himself heard.
Some thought the cheers showed that
good many Republicans are going to State
Democratic campaign meetings nowadays
and some thought that everybody wants
to cheer for the Secretary OF State.
1t was nearly 1880 when Mr.. Gunner,
got a look in. He got vociferous and
enthusiastic welcome. He said:
speech OF John Cunneen.
New York city will pay over 40 per cent,
the cost of improving the canals, providing
II is assessed directly upon the property OF
The State; while il it is assessed indirectly
The city's proportion will be much more.
IL, I'll sa
terested that the improvement Of the canals
be conducted in an efficient, economical
and expeditions way, This is my excuse
for again referring to topic which has been
much discussed in this State.
| refer to the credit Of $1S,8lS for ex-
cavating rock where no rock existed to the
Fur naceville Iron Company. This Item
T. not so important in its amount as 1t is in
Its character Men who voted against me
when proposed that this item be charged
the people, and il elected will have an i'm
portant part In conducting the great public
work in which this State Is now engaged.
] invited public attention to this item sew
pral weeks ago. Since then it has been
discussed by the great men and the little
men OF the Republican party In the State
/ am not going to take the time now to
point out the Inconsistencies in these dis
russions. wish to bring your attention
to few salient facts about which there
can be no controversy.
EXTRA COMPENSATION FORBIDDEN.
The Constitution OF this State article
VII, section 81 says: No ertrd compensation
shall be made to any contractor; but II
from any unforeseen cause, the terms OF
any contract shall prove to be unjust and
oppressive, the Canal Board may, upon the
application Of the contractor, cancel such
contract.
This last sentence was intended to prevent
just what was done under the Furnaceville
Mt r n yxvQr linn ut
the contract to faVorite as the lowest
bidder, and then making extra compepsa-
ton, on some pretenoe or other, afterward,
to make the contract profitable, III con-
tract to excavate earth proves to be unjust
or oppressive because the parties to the
contract were mutually mistaken, and
instead Of earth it was rock, then the States
agents have no authority TO make extra
Their only power to relieve the contractor
is confined to granting his application to
cancel his contract, that the work may be
again advertised and awarded after COM
petitive bids.
statutes have been passed in this State
intended to carry the provisions OF the Con-
sttution, to which have invited your atten-
ton, into effect. which provide that no work
shall be contracted for upon any OF the canals
until the engineers ascertain with all prac..
ticable accuracy the quantity and quality OF
all materials to be used, and make state
ment thereof, which, with the maps. plans
and specifications corresponding to those
adopted by the Canal Board and on file In
the office Of the State Engineer, Is publicly
exhibited to every person proposing or de-
string to make proposal for such work;
The State Engineer made plans, which
included maps and drawings, of the work
to be done under the coptract on Section 9
at Albion. This showed the amount of
matter to be excavated for the purpose
OF deepening the canal as 1875, 900 cubic
yards. This matter to be e1cavated could
be Identified by the plans and specifcations
as definitely as ones house can be Identified
by the name Of Its street and its number.
When the plans were prepared the Superin-
tendent of Public Works advertised for con-
tractors to make bids to do the work
NOTHING BUT EARTH IN THE SURVEYS.
In the estimate filed pursuant to statute
there was no reference to rock, stone or
in mind that the preliminary surveys and
Investigation necessary to enable the engi-
heers to discharge their duty Of estimating
the quantity and quality of material had
been made and that this estimate, describ-
ing the excavation as earth, and earth only,
kas the result Of this There are different
Rinds Of EARTH such as clay, sand, loan
end hard pan. The cost of excavating
foes not depend on the mere fact that earth
is to be excavated since 1t is more difficult
than loan. The conditions under which
the work was to be done would also affect
the cost the formation Of the ground at
the sides Of the canal, and various other
circumstances.
1t ia verv clear. therefore, that the con-
tractors who bid to remove the 1911, 900
yards Of earth under Contract No. o looked
the material over to learn the facts neces-
sary 10 enable them to decide what it would
cost TO remove it and how much to bid
II made no difference what it was called
The question was: What was it's char
acter? What would it cost to remove it?"
1.-THE engineer in the estimate had called It
iron instead of earth the cost of moving 1t
would be the same, and the contractor would
have bid the same price as II it had been
called earth.
There were several bids made to ex-
cavate this $4,000 cubic yards of material.
rs CENTS YARD WAS THE CONTRACT PRICE.
Nixon 4 Bowles, who lived at Albion. and
had the advantage of personal knowledge
Of the territory offered to excavate it for
2s'3 cents per cubic yard. Charles A.
Danolds an experienced contractor on
cana work, who lived at Eagle Harbor,
IN the immediate vicinity Of the work,
Offered to do it for 20 cents. The Warren
Scharf Asphalt Paving Company of 81
Fulton street, New York CITY, offered to
excavate it for 20 cents. E. D. MacDougall
of Auburn offered to do it for 80 cents.
:. G. Lauer and s. w. Hagaman Of
Rochester. offered to do IL for IS cents.