New-York tribune., 1907-09-17
AHEARN'S POWER CITED
STREET REPAVING UP.
Boroug gh President, Dir. Spencer In
sistS, Could Order ReIapng.

Albany. Sept. 16.-Slow progress was made TO-
day in the hearing before Governor HugheS on
the charges of the City Club OF New YORK
against John F. AhearD. Borough President OF
Manhattan The greater part Of the sessions
this afternoon and tonight was taken up WIN
the examination, redirect ana reouttai
of ceorge p. Olney. former chief engineer Of the
Highway Department OF the borough Hs eA-
animation ended at 93O o'clock this evening
p--adericx p De Berard. statistician for the
Merchants Association OF New York was the
second witness. Mr.. Littleton at once took up
the cross-exaninatiou Of the witness. his direct
examination appearing in the report OF the
Commissioner OF Accounts. upon whose lnves-
+,gation Of the borough government the COM
plant before the Governor largely is based
Al the opening this afternoon Mr.. Spencer
for the petitioners. stated that they would not
waive anv responsibility OF the Borough Presi-
dent for openings In the streets made by the
Department of Water Supply Gas and Elec-
tricity.
Mr. Snencer also brought out the fact that the
having contract for First avenue. which Mr.
OInev had testified was not laid properly, the
foundation being bad. contained a clause whlcn
provided that the Borough President could com
mel the contractor 70 relay it II the work was
not satisfactorily done.
On redirect examination Mr.. LittIeton showed
that various notices were sent out yearly 10
contractors TO repair streets for which they
were liable according TO the provisions or their
contracts Mr. olney said that he had-tnquired
into contracts for street pavements and through
an Investigation learned that repairs were made
on various streets again and again. but almost
Immediately afterward the streets were as bad
as ever.
Mr. Olney again testified TO the unwillingness
Of asphalt contractors TO repair paving laid by
other contractors. He said that out of three
concerns it was almost impossible to obtain
asphalt
How many companies control the output OF
asphalt?' asked the Governor The witness
said three. giving the names Of the A. LBarber
Company the New York and Bermudez Com
pany and the United States and Venezuela Com
pany.
During a discussion the advisability OF
transferring a fund for street improvement from
one department to another in case OF emer-
gency, Mr. Littleton said:
The city Of New York is strapped hand and
foot by interminable red tape"
Mr. Littleton took UP the photographs show
ing the openings in the streets, and by one
attempted to show that In the majority OF the
streets the maintenance clause in the contract
had expired, or. in other words the pavements
had been laid for a number OF years.
Mr. Littleton showed from Mr.. Olney's testi-
mOny that large number OF certificates Of
financial Indebtedness. the balance due contrac-
tors at the completion of the contracts were
held up by Mr. Ahearn because repairs had not
been made satisfactorily.
AS soon as Mr.. De Berard took the stand Mr.
Littleton read report made TO the Merchants
Association by the witness in May 1905 In
this report Mr.. De Berard went into details re-
gardng the bad condition OF the streets, but
practically absoved the bureau of highways of
the borough from responsibility. because of lack
of authority by the department over street OPEN
ngs. conflicts of jurisdiction with other city
departments, lack of funds and the attitude Of
contractors. In concluding his report Mr. De
Berard said President Ahearn had given him
every facility in his investigation, had been ac-
tive in seeking to remedy the defects pointed
out and had instituted a number of reforms
recommended in the report.
Later reports were made. Mr. De Berard said
but 1t was decided TO seek relief through the
Legislature by charter amendments
Mr.. Littleton brought cut from the witness
the fact that an extra official commission
on street control appointed by Mayor Nc
Clellan, of which Mr.. De Berard was secretary,
after an investigation had recommended the en-
largement of the powers of the Borough Presi-
dent. 1t also appeared that Mr. De Berard's
final report on street conditions with the photo-
graphs accompanying it, while submitted TO the
Mayor had never been seen by President Ahearn
until tonight.