New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-05
TO SUPPORT AGNEW BILL
Civic Bodies to attend Hearing ON
Pavement Measure.

The City Club. the Merchants Association the
Road Drivers Club the Automobile Club OF Amer
lea, the Associated Cycling Clubs the Yves. F,nd
Association and the Seventh Avenue Protective and
Improvement Association have Endorsed the prin-
ciples of the Agnew bill allowing patented nave
ment 10 be laid in this city under certain condt-
tons and will send their representatives TO AIbanv
TO appear before the Assembly Committee on Cities
tomorrow. when that bill will have a hearing, 10
argue in its favor.
Last year, when the Senate defeated the Fitz
gerald BILL Of which the Agnew bill is almost a
duplicate. Senator White and his supporters argued
on the floor of the Senate that under the sec+,op
OF the charter which both the Fitzgerald and As-
new bills designed to amend IT was nArfectI,,
possible TO draw up specifications and contracts
admitting patented pavements to competition
despite that Justice Clark of the Supreme Court
had rendered decision 10 the contrary. Within
the last week Alger and Simpson, ATTORNEYS in the
Rose case. on which Justice Clark's decision was
rendered. have written 10 Senator White gfvin.,
their opinion that, owing 10 the ambiguity of the
section OF the charter covering this subject II ie
utterly impossible TO draw a specification or CON
tract admitting patented pavements to conpetition
and that the stand which he took against the Fitz
gerald bill was erroneous.
The Agnew bill was drawn by Chase Mellen who
was an assistant corporation counsel under Mr.
Rives and ii at present counsel for the propretors
OF tie patented pavement who Were Just prevented
from competing by the Rose Injunction Tba hill
substitutes provisions which, according to the de-
Justice Laughlin, will render the charter capa BILE
OF Interpretation by the It provides that
patented pavements shall be admitted to COMPETE
ton only against one similar forms OF
pavement In common use. and stipuates that only
after anal arbitrament by the Board of Estimate
and Apportionment shall patented pavement be
selected over an unpatented pavement which shall
have submitted a lower bid. The final decision is
thereby placed in the hands of the highest power
OF the eity government next 10 the Mayor.
ALREADY several members OF the Senate Commit
Tee On cites have pledged themselves 70 support
the AgneH Dill or the somewhat similar Fitzgerald
/ bill providing that this measure is amended 10
! coincide with the Agnew bill as Il whole
/ Inc asphalt Trust will be represented at the
I hearing by its attorneys The Agnew bill will be
cnamp.oned az the hearing by Chase MelleQ for one
q the manufacturers of patented payements: John
/ W coleman, representing the West End Associa-
ton; n W. Goodrich representing the Seventh
avenue Protective and Impro sement Association;
Lfa%rssnee WELLER. representing the City Club;
! Joseph oalinaf representing the Associated Cy-
cling clubs and Frederick De Barard representing
TIE &c proposed hill is absolutely honest" says
J Ar. Aellen There is nothing Interior behind H.
although certain makers OF Patented pavements
want chance 10 bid on paving contracts on terms
insatlAs fair and reasonable competition between
them and the makers OF all other pavsnlents.'