New-York tribune., 1907-12-26
ACCUSE WATER BOARD
TO BE BROUGHT.
Commissioners of 1ccounfs Say
Members ire Incompetent.

Members ire Incompetent.
John Purroy Mitchell and Philip r. Gaynor.
Commissioners of Accounts, yesterday in ar
extended report informed the Mayor that thIV
would within a few days prefer formal charges
agains. the Board of Water Supply. charging
the commissioners with incompetency and mis-
conduct in connection with the award OF the
Ashokan dam contract.
The commissioners of the Board % ale'
Supply are J. Edward Simmons, president
Charles " Chadwick and Charles A Sha".
Mr. Simmons is the president of the Champer ot
Commerce and president of the Fourth Natlohal
Bank; Charles y. Chadwick was suggested TO
Mavor Mcclellan for appointment on the board
bv the Manufacturers Association ana MI
Shaw by the Board of Fire Underwriters
When asked last night what the commits
siopers meant in their report to the Mayor ny
..incompetency and misconduct CohihisSionei
Mitchell said the misconduct came, in his opi''-
ion from manifest waste OF the city ; HloiieS III
awarding the contract for that AshohaH ie7'
voir dam 10 the Macarthur Brothers company
and Winston & Co. for a price s-''ot'f-o l''o'
than that for which the lowest bidder the Jo'ih
I,eirce Company, was willing to do the "olh-
..-rhe formal charges" said Commssionel
,,i.cba, ..v,ill be ready the latter part OF next
week. 1 expect to be away until Monoay heA'
,u+ n, Monday / shall begin the preparation Oh
tho charges AS soon they are preferred
anprehend that the Mayor will send the coiii-
missioners notice of formal trlal, peglhiiiiis'
probably by the middle of January. 90 ho'
know for sure that the Mayor VIII WANT '"0
Commissioners of Accounts TO represent 'he
proponents side of the case. / assume that 'iie
oor,r,issioners will be represented by counsel
The Judgment of the Mayor is reVieWaple oy d
writ of certiorari The law of 1905 under which
created says
that no member OF the board shall be removed
ercept on charges of incompetency and mis-
conduct"
The Mayor would not discuss the case in any
way 1t is known that the Mayor is determined
to keep an open mind in the matter FUZZY re-
aliz,np the seriousness of the charge against the
commissioners.
The law gives the Commissioners of the Board
of Water Supply wide discretionary powers II
is not contended by any one that they did not
have authority to dispose of the contract to
other than tie lowest bidder The commission
ers have been criticised for not more fully in
vestigating the probable cost of the work re-
ouired in the contract before disregarding the
bid OF the Peirce company.
After exhaustively reviewing the testimony
offered in the hearing before the Commissioners
of Accounts the report to the Mayor says:
The members of the Board of Water. supply had
the the fear Of delay"restng upon two causes mex
perience and losing price They & had bef4re
that a such Causes either existed were sufficient
pefience Of trese they asked no explanation
perification they failed take such. steps 10
Sasay snts ade to Them M by their chez engineer
as would be eEPeed Of 5 n
cut the facts from the lowest bidder. and Were
s. s5t 45 OF the citys funds upon record which
bears upon its face the evidence OF us re
bafnr
decision upon the matter absolutely no evidence xss
,ha, tie efe sa in wse but
support the proposon @ fnaI snebV sekamnation
Of the boards witnesses. in which every eftort nor,
made to bring ent sne IN these matters there
is no before us neW % which n WSqd b6e JUSTIN nr g
part below cost There is no eyidenss, before US
you'd Justify ras nd1g 1 thet hs ,ontary upon
res rst head we have the statement Of the lowest
e D,daer would have insured him 10 per cent profit
While the second we haze an board u.s reprasenta-
IN every pg the stand and even in one of the two
cases cited by 'a therefore presented that Of
low bidder of large financial rssouLc n t oarfepu
tbat Tsafy by could profit
at prices under m, Work passed over by the
fs naTs of Water supply the ground deese of es
periense sanncessfuI bidder possessed much greater
eHnerience without evidence tn.-I traa IN tbe work
bout evidence that the price was afx o
ano upon pn,s rot he obtained from the low olaoeT;
WORK reeks' INQUIRY has demonstrated nnas an an
TWO ds~weloned at our hearings might easily nave ave
nn within the knowledge OF the ins'gst tinn ss
board n ready to rely solely upon the opinion OF
others. 90 aha nroper, conscientious and
This nGslIfy Garformanee Tn Of official duties by
anbers OF the Board OF water Supp.i o r,o, IN
the it of view OF business adniplsL.ra.t.oh In III
me patter pottt Of the award Of this important ooi
view of foregons we deem 1nss our imposes
nc GUY .s such officers the obllgauon oI p.elei
upon us 20, as Mayor, charges or lnso,PJ,encss
ring I1aanduct 70 against the members OF tne t'oaiu M
eno enoater supply Such formal charseS E sied With
sn nrocess of prepaI1a,.oas' anu
YOU soon as coiiip 49, oo,
The bids submitted for the Ashokan oan' Gun
80. we're as follows;
John PeIc othsrs and Winston co.. oe5 40
Bradley ,e,a .,pl,-Shanlev Company i"'''oi'
Stewart Construction Com -o- ,zo
O'Rourke - 1900
~.,ort SAYS that careful analysis OF the
Continued on second page
49, &