Evening journal., 1905-06-16
DURHAM IN THE
CITY CONTRACTS
Sensational Evidence Given
in Case Against PhiIa-
delphia Councilman
A PARTNER OF THE M'NIGHOLS

highly interesting developments in
Mayor Weaver's crusade for good gov
eminent The fight against the troll
lay franchise is for the moment for
gortcn in the light of what developed
at the hearing of Select Councilman
Frank II. Caven, who is charged with
violating his councilmanic oath by be-
ing interested in city contracts. Dur
Ing the hearing Il was shown that In
surance Commissioner Israel w. Dur
ham, tho asaFr Of the Republican or
ganization in thie city. is a partner in
the McNichol firm of city contractors.
II was slso shown that while James p
McNichol, who is now a state senator
and one Of the local Republican lea(
ers, was In city councils the McNichM
arm consisted of Durham, Mrs. James
p. McNichol, John NJ. Mack and Dan
iel J. McNichol a brother Of James p.
McNichol. IL was also shown that
after James p. McNichol left councils
his wife withdrew from the firm and
that her place was taken by himself
Other evidence of a sensational char
acter was to the effect that a secret
agreement existed between Council
man Caven and his father, trading as
James Cayen & Son, and another firm
In which they agreed that no contract
shall be entered into by either of the
parties with the McNichol firm or
other firm doing work on the city's FL
tration system without the written
consent Of both parties
Work on Filter Plant Stopped.
AS result Of what developed at the
hearing Mayor Weaver accepted the
resignation of John w. Hill, chief en-
gineer of the bureau of filtration, and
also that of his son, Henry W. Hill,
who was assistant to his father. The
RESERVATIONS were sent to the mayor to
take effect June 30, but they were ac-
cepted to take effect Immediately.
Chief Hill was the highest salaried Of
fetal in the city, his compensation be-
ing $4,000 a year. Simultaneous with
the acceptance of the designations all
work on the filtration system was or
dered stopped The Office of Chief
Hill was placed in charge of Assistant
Director of Public Works Hicks. and
the citys Offices at the plants were put
in charge of detectives with instruc-
tions to permit no one TO remove any
records or other documents. While no
official expression could be obtained
as to the reasons for the designations
II Is learned from a high authority that
Mayor Weaver was not satisfied with
of the filtration plants.
The filtration system has cost the
city about S22,000.000 and it viii take
upwards of s5,O00.O00 more to com
plete the work. The McNichol firm
has had the contracts for about three
quarters of the work.
The hearing of Councilman Caven
attracted to Magistrate Eisenbrown's
court a large throng of lawyers, poll
ticians and private citizens who were
drawn there by the expectation OF hear
inging sensational testimony.
After establishing the fact that Cav
en- was a member Of councils for seven
years Judge Gordon produced three
contracts made by the city with Dan
iel J. McNichol for sand, gravel and
other material. They aggregated
s1,355, 600. The agreement entered in
to by the Cavens and the firm of Nor
cross g. Edmunds, of New Jersey was
submitted in evidence. The agree
ment, in substance, provided for a un-
ion OF interests and the harmonious
action of the Cavens and Norcross &
Edmunds in the furnishing of sand and
gravel to McNichol or any other con.
tractor who would thereafter obtain
the contract for the construction of the
filter beds. II was an iron clad agree
ment and bound the parties 10 a faith
ful performance of all its provisions
Chief Hill testified that on one con
tract there was a bid lower than Nc
Nichols and. that it was not awarded
to that bidder. but instead bids were
again advertised for. This time Nc
Nichol was the only bidder and he re
eeived the contract.
Daniel ]. McNichol then sprung the
sensation Of the hearing by giving, un
der rigid examination, the personnel
of the McNichol firm. He said he re
ceived one.twelfth Of the profits Of the
firm.
win Prove Conspiracy.
Attorneys for the defense inquired
what difference it made whether Dur
ham was in the firm and Judge Cor
don replied: "All the difference IN the
world. We viii show that consplrac,
has existed between all these partiel
and that IL was this conspiracy tha
was responsible for the awarding O
contracts without any competitive
bids"
It was brought out that one con
tract let 10 the McNichol firm for $3.50,
600 was sub let to the Caven firm
which did the work for S215000.
Chief Hill was recalled and relate,
a conversation he had with Council
man Caven, I'm which he asked Cavei
whether it was incompatible with hi
position as councilman to be furnish
ing materials for the city, to whicl
Caven replied that he was only mana
glng HIS fathers business and that h
had no capital invested IN IT,
Judgs Gordon brought the proceed
inps 10 a close with n lengthy argu
ment. in which be arraigned 'boodling
n councilmen scored the McNichols an'
promised startling developments il
court CaYen was then held in $3.50
for court.
Favorable Report on Repealers.