New-York tribune., 1905-07-25
GRAFT IN PHILADELPHIA
THE O,ROURKE CONTRACT.
Street Repairs That Were Not
Nade-The Charges.

Philadelphia, July "a (speciaD. Upon the ad-
vice OF Elihu Root. uttered before he assumed
the Office OF Secretary OF State. and Judge James
Gay Gordon. of counsel Mayor Weaver will
take steps at once TO annuI a contract with
Michael ORourke for repairing the streets Of
Philadelphia which directly involves S127Oo0.
II has yet to be decided by counsel for the
Mayor whether not criminal prosecutions will
follow the annulment of this contract. Mayor
Weaver has evidence in hand tending TO prove
that interested with O'Rourke are Senator
James P. McNichoI and ex-Insurance Commits
sioner Durham, trading in other matters as D.
j. McNichol & Co. II is explained that until
Mayor Weaver declared war on the Durham
McNichol organization secret was made OF
the fact that Senator McNichoI and Mr.. Dur
ham controlled four-ifths OF the O'Rourke con-
tract now AT issue The suggestion that Grim
inaI prosecutions will be based upon this trans
action rather than upon the frauds incident 10
the filtration contracts grows out Of the cir
curnstanee that ali of the essential facts in this
case susceptible OF proof by written and
physical evidence. while expert opinion must
of necessity figure in the prosecutions growing
out of the filtration contracts
Upon the official records OF the city it appears
that Michael O'Rourke. wealthy sub-con-
tractor, entered into an agreement with the city
in October last to repair and keep in repair all
of the improved streets in the city Of Philadel-
pha not occupied by passenger railways during
the calendar year 1905. The contract price
SI27OOO For the faithful performance OF this
contract O'Rourke fled a bond with City So
IicitOr Kinssy in the sum OF s63.5Oo. and as a
further guarantee he deposited S12, 700 in cash
with City Treasurer Shoch- The essence Of the
contract appears in the provision that all OF the
repairs to be made by the contractor were TO be
= i
charged that far as asphalt blocks figure in
the contract the contractor has not put down
one block in any part OF the city nor has ne
made any repairs whatever to any Of the many
miles OF streets paved with this costly material
Thomas L. Hicks, assistant director OF the De-
partment OF Public Works. has fled the papers
in the case with Mayor Weaver through Director
Acker.
AS a matter Of fact no considerable repairs
have been made 10 any streets under the terms
of this contract. The time has passed when
they can be made under the specifications. and
the Mayor has been advised that the contract
must be promptly annulled 10 prevent further
scandal The reports OF the highway inspectors
do not show that any serious attempt has been
made to comply with the contract
The most amazing feature OF the disclosures
thus far made appears in ordinance of Coun-
ellis approved by the Committee on Highways on
May IS. 1905 which bill provides that the city
Of Philadelphia shall repave all OF the streets
which Contractor O'Rourke agreed 10 repair
with asphalt blocks. as we'll as scores of other
thoroughfares which he agreed 10 keep in re-
pair. This ordinance appears on the official rec
ords as Appendix No "a. Journal Of Common
Council Page 135.' and bears upon its face the
indorsernent of every member OF the Committee
on Highways. May Is was an eventful day in
The gas steal ordinance was
jammed through on that day. and five days
later Mayor Weaver declared war on the graft
ers.. and dismissed Directors Smyth and Cos
teIlo from his cabinet II was originally pro
posed to have Director Costello award the con-
tract for repavfng these miles of streets without
ADVERTISING and the first draft Of the ordinance
shows how the scheme was to be worked So
clearly unconstitutional this project that 1t
was eliminated from the bill in committee The
amount involved IN this scheme 10 relieve the
contractor. O'Rourke. and his associates. was
$4,000 plus the S127O 900 10 be paid him for
repairing these identical streets OF this sum
$4,000 was available at the time BY dismiss
ing Director Costello the Mayor killed the game
without knowing IL
Throwing all discretion to the winds. the
rrafters inserted a second Joker in the repav-
ing ordinance. The bill. after the usual title
and preamble. sets out That the Director os
the Department OF Public Works be authorized
and directed to enter into contracts for repav-
ing the following streets with granite or Penn
svlvanfa blocks, vitrihed hrecIay or shale bricks
,r blocks sheet asphaltum, or resurfacing the
same with sheet asphaltum on top of the pres
snt pavement" The Joker is hidden away
in the line ''or resurfacing the same with sheet
asphaltum on top of the present pavement"
Under the usual Interpretation of this Joker
the contractor could any grade of sheet
asphaltum in lieu Of asphalt blocks or other
more costly material wherever and wheneve"
IL happened to be 10 his advantage so 10 do
With a definite purpose 10 annul the contract
'or noncompliance. Mayor Weaver has ordered
, thorough inspection made Of all the streets
In the CITY covered by the o. 'Rourke bid and
With this evidence in hand he viii press for
forfeiture Of the guarantees IN hand
Mayor Weaver. az the suggestion of Secretary
~ state Root who at the time was the Mayors
private counsel, requested the War Department
20 detail MatOr Gillette here. The latter is the
,fucer under whose direction the frauds IN
lection with the federal work in Savannah HaT-
Dor were unearthed. Major Gillette reported to-
lay for duty here