The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-11-21
TALK OF REMOVING SIMMONS
FROM THAT EASY SIs.OOO WATER
SUPPLY jon.
His liking Tor the Place shown When re
Failed 10 Qualify as u Rapid Transit
COmmiaslOner-Even at IThRt He Wight
Have been busted inquiry OsOcs On.

Hioners OF Accounts under ths leadership
Of Commissioner John Purroy Mitchell
into the action Of the Board Of Water Supply
In declining TO award the contract for
buihding the great AshOkan dam to the low
est bidder develop the facts expected TO
he shown there seems to he little doubt
that Commissioner J. Edward simmons.
the president Of the board. and his fellow
commissioners. Charles N. Chadwick and
Charles A. shaw. will nave to answer charges
aimed at their removal from office.
Tho law gives TO the Mayor the power Of
removal subject to judicial review On a
writ Of certiorari. There in Of course no
way Of knowing exactly how Mayor MCClel-
Ian feels about the matter, and i, is unlikely
that he will make up his mind about further
action until the inquiry has revealed all the
Obtainable facts that bear upon the cass.
But il il in the air in City Hall circles that
the Commissioner of Accounts expect to
bring out by various witnesses Circum-
stances even more interesting than those
already revealed and which are likely to
form the basis Of removal charges against
the commissioners
II was pointed ont yesterday hat Com
missioner simmons for o period Of three
months last year was holding two offices at
Oncc-one as president OF the Board of
Water Supply and the other as Rapid Tran
sit Commissioned Section i54a Of the New
York City Chrater deals with such a situa-
ton in these words:
ANY person holding Office. whether by
election or appointment. who shall. during
his term Of office. accept. hold or retain
any other civil Office Of honor. trust or emOlu-
nlent under the Government of the United
States (eNcept commissioners for the taking
at bail. or registry Of any court - or Of the
State Except the Oficc Of notary public or
commissioner Of deeds, or Oficer OF the
National Guard .. or who shall hold or accept
any other ONCE connected with the govern
mcnt Of the city Of New York. or who shall
accept a seat In the Legislature. shall be
deemed thereby to have vacated any ONCE
held by him under the city government.
No pG.sop shall hold two city or county
offices. accept As expressly provided in this
act. nGT shall any officer under the city gov
eminent hold or retain an ofice under the
county government. except the Oflce Of
supervisor, or when he holds such office
eX oflcio. by virtue Of an act Of the Legis-
Iature. and in such case he shall draw no
salary for such ex ofiCio office.
The old rapid transit law, Low succeeded
by the public utilities law, provided that
the president Of the Chamber Of Commerce
SHOULD be a member Of the Board Of Rapid
ITNIElI IA OlItIOs VI w fNl Way NtDII u
\. Jesup was at the head % the Chamber
of Commerce. and represented that body on
the Rapid Transit Commission. Mr.. Jesup
quit the presidency II the chamber last
spring and on May = was succeeded by MIR.
simmons. who thereupon became ex officio
. Rapid Transit Commissioner. despite the
fact hat he was already president OF the
water board and drew in that Office n salary
u 81; OOo a year. This state Of things con.
tinued FOR three months. az the end of
which time the law legislating the Rapid
Transit Board out IF existence went into
effect and the Public Service Commission
took its place.
Mr.. Simmons, however. did not attend a
meeting Of the Rapid Transit BOARD and
did not qualify as a member. He tool, care.
apparently, not 70 ieopardise that sl2,00
agar. The fact remains. however. that he
did not resign as president OF the Chamber
If Commerce, which would have settled
the matter. The attention Of an eminent
lawyer, who for many years has studied the
avs OF this State IA relating TO this city
was called yesterday 20 these circumstances
Il do not t~elieve,- he said. that the fact
that Mr.. Simmons held these two offices at
this time. n thing forbidden by the Charter,
would iuvalidate any Of his acts "a a mem
Der Of the water board. But I do believe
that /, would have been excellent ground for
Lis removal from the water board at that
time"
Commissioner Mitchell in his examine
ton Of Mr.. Simmons on Monday exhibited
some curiosity as to the amount Of time
that Mr.. Simmons was in the habit of SPEND
ing in the Office Of the Water Supply board.
hut Mr.. Simmon wasn't able to crafty
this curiosity with any very definite in
formation. But whatever may loo the
facts ON this point, there was one thing
that MIR. simmons never neglected, for.
unless the City Hall gossip on the point is
wrong, on the first day of each month
promptly at 10 O'Clock the voice of MIR.
Simmons might be heard over the tele-
phone inquiTing why the city warrant for
his 81 600 hadn't reached him yet. IL had
~ he sent dow to is Otfice forthwith 10y
special messenger.
All three members ~ the Water Supply
Board were at the Offices Of the board
yesterday afternoon after the inquiry Of
the Commissioners or Accounts was over
for the day. Chief. Engineer ). Waldo
Smith, who spent the entire day under
examination. WI there. too. IL was said
that such a gathering at the water boards
Office at such an hour of the day was almost
unprecedented.
chief Engineer smith admitted in his
testimony hat in advising the members
Of the board to reject the low bid Of the
John Peirce Company he was actuated
entirely by his Judgment that the com
pany could not do the work for the money
and not because Of any actual knowledge
he had of what the work might cost.
When Commissioner Mitchell tried to pin
Mr.. Smith down TO details as to how he
arrive at the conclusion that the con-
. " " hNo -
like 81 800 ,OOO more than the Peircc COM
pany had figured Mr.. smith baked. He
refused to commit himself 20 any definite
opinion on even such "A small matter as to
how many feet Of earth a steam shove
would exCavate in "A day, how much II would
cost to run the shovel and how large n
crew would be required 10 operate il.
What size of bucket would you consider
best fitted 10 e~xcavate the earth at Asho-
kan?' asked Mr.. Mitchell.
Il haven't given the matter a thought, "
Mr.. Smith replied.
Cannot you give us some idea Of what
your estimate is OF the cost Of running a
steam shovel per day."
Il cannot. because | ave never made an
estimate Of such n COST was the answer
made by Mr.. Smith.
The importance Of these answers to the
apparently trivial matter Of the operating
II a steam shovel Law in the fact that the
hid OF the John Peirce Company was re-
jected solely because it was commended by
Mr.. Smith and the consulting engineers
called in by the Board Of Water Supply
that the bids made for earth excavations
by the Peirce company were too low.
Mr.. Smith said that IL would be possible
for him to work out a fair analysis OF the
probable cost of ~eKcavating and dam
continuation work IL he had an ODpor-