New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-15
POLICE SIEZE ARMORY.
Work ON ed BattaHon's Home
Stopped to Azcait Courts.

A squad of police, under orders Of Commits
sioner Bingham took possession yesterday OF
the new armory for the Cd Naval Battalion.
under construction in First avenue, 5lst and
62d streets, Brooklyn. The move followed an
opinion by Assistant Corporation Counsel Ster-
ling. that James McFarren, the contractor who
has asked to be relieved from his contract, has
no right there until the case has been decided
by the courts
The contract for the armory was let in 1903,
and the building was to be completed in two
years at cost Of $4,000 Lord & Hewitt were
the architects. ]. A. Meyers got the contract
Tor the interior work and decorating which he
subsequently subet TO Neptune p. Smythe.
work on the armory has dragged. and on
december 20 last McFarren who had several
times asked for an extension Of time, appeared
before the Armory Board and stated frankly
that he did not have the money to complete the
work, and asked to be relieved from the con-
tract At the same time he asked the board TO
deduct from the contract price the amount
necessary to complete the work.
The board objected to any such arrange
ment, and decided unanimously to serve the Gus
tomary notice the contractor to complete the
work, and II he refused TO call on the Empire
Surety Company, which was on his bond for
$4,000. to force McFarren to live up to his
contract or forfeit the amount due the city for
failure to live up to his contract The surety
company said that it would not become party
to the arrangement proposed by McFarren. and
the case referred to the Corporation Coun-
sci.
In the mean time Smythe anxious to carry
out his contract for the interior decorating, but
McFarrens workmen, acting under orders, re-
fused to let Smythes enter the building.
Smythe appealed to Assistant Corporation
Counsel Sterling. and it was In acc ordance with
his opinion rendered yesterday that the police
acted They also refused to let Smythe do any
work, or to let any one enter the building, pend
ing decision from the courts
Practically work has been done on the
arlnory for three months. A Mr.. Holmes, who
said he represented the contractor, said yester-
day that the city owed McFarren $4,000 on
account, and that he had received no payment
since December 3. 1905
Mr.. Holmes said further that there had been
no appropriation from the city to heat the build
Ing, and that owing TO the bad weather Of the
last two weeks the structure had deteriorated
at least 90 per cent and that II would require
another contract OF 100000 to do over work
that had already been completed
Commander Rupert P. Forshew OF the %
Naval Battalion. is much put out over the de-
lay in completing the armory, and said he was
anxious TO have some arrangement made by
which the work could go
Neither Corporation Counsel Ellison nor Con-
tractor McFarren could be found last night by
geant Of police and his men were the only per-
sons in charge. An examination OF the inside
of the building showed that the plaster had
fallen down in several places. and the cement
seemed to be loose between the stones In the
walls.