The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-05-15
hHBARN ORDERED TO ANSWER
COURT BRUSHES ASIDE HIS RE-
SISTANCE TO INQUISITI0N.

Justice O'Gorulan OF the supreme Courb
decided yesterday that Borough President
Aieorn must submit himself for exanIina-
ton concerning the management OF his
odioe and the various departments under
his jurisdiction before the commissioners
Of Accounts. The decision gives Ahearn
Ave days in which to make u' his mlno'
and IL he is still contumaclols Juetice
o'Gorman will grant an application to
punish him for contempt.
The decision deals with the refusal OF
Ahearn, Superintendent OF Highways
George F. Scannell, Superintendent OF
Public Buildings William II. Walker, and
Chief Engineer George r. olney to answer
questions put to them by tue Commissioners
Of Accounts concerning their departments.
The decision applies equally to all four
Justice O'Gurman says that the Law is
clear and that the only limitation upon
the examination Is that the questions pro-
pounded shall be relevant and pertinent.
IL Is in m oense n judicial proceeding. 1t
IL merely q part or incident Of an admins
trative system devised by the Legislature
for the efficient government OF TIE NUM-
cipality.
The order. Of course. does not mean that
n Of the heads of bureaus is required to
incriminate himself. The attention OF the
Grand Jury is to he called to the evidence
theCommissionersof Accounts have brought
cut with regard to Walker.
All OF Ahearn's chiefs of bureaus were
stll in Office yesterday. Mr.. Ahearn spent
raost of the dry in an automobile inspect
ing the p avements 81 the CITY,, lie had a
talk with SuDt. Walker and when 1t was
over Walker did not seem to ieel uneasy
over his job.
president Ahearn,r said Mr.. Walker.
docs not take too seriously the testimony
which has been given to the COMMISSIONER
AZ Accounts, because he realizes that II Is
ell one sided. Mr.. Ahesrn told ne that
before he took any action he would first
look into both sides
Mr.. Walker gave out a statement yester-
day In which be declared that he had never
had any financial ira nsactions with James
MMeSC7ieeTy OF any Of the contractors doing
work on the public buildings. He said
that ne had given contracts to men like
1ydings and Rovce' & Lynch because OF
their ability, but as they were men with
out money they were compelled to borrow
money to do the work given TO them.
Walker added:
Among the men who furnished
tions by loaning money were James
McCleery. a man who has been in the paint
ing business for over twenty years and who
could afford 10 make these loans without
embarrassment TO himself, and my son,
who was engaged in the soap business and
who is now a member Of a lumber firm COM
posed OF all OF my SONG. My son went into
the soap and sponge business and occupied
orfces in the same building with the firm of
Boyce & Lynch. The latter firm paid rent TO
him at 40 Christopher street. He WAS In the
habit Of cashing checks for them and accepts
ina their checks in payment Of moneys Dor
owed at various times, and my son mace
deposits of these checks as they we're received.
as he did with all other checks or moneys
aAa. al wall EnnWinQ that there
was nothing in these business transactions
that should be concealed. My bank account
has never been very large, and for the last
four years, as my pass book Will show, the
balance on hand has not been more than
$500 at any one time and less than that
amount most Of the time.
Comptroller Metz at the request of the
Commissioners, OF Accounts has stopped
for the time being the payment of any
money to Tydings and to John Egan. the
contractor who supplied the city with
lumber. Mr.. Metz announced this purpose
after receiving this letter from the Com
missioners:
The evidence adduced at the hearings lately
held by us in our examination now in progress
Of the accounts and methods OF the office OF
the President of the Borough OF Manhattan
Appears to show that the contractor, Thomas
A Tydings. has either char ged the city for
materials the property OF the city of New
York, or has failed to use materials charged
for in his btiis.
The evidence also tends TO show that there
may have been and probably was collision
between the said Thomas A, Tydings and
one John Egan Of 6Oa West Twenty-fourth
street, lumber dealer, who also receives
orders for lumber from the Bureau Of Public
Building S and Oflces.
II is not clear 10 us whether the lumber
which Mr.. Egan has charged for in his va
rlous bills to the city has been delivered to
the city or 10 Tydings. In either case 1t would
appear that there have been irregularities.
Pending our further investigation OF this
matter, we respectfully. advise that all pay
msnts to Thomas A. Tydings and TO John
Egan by the city be stopped.
Otto Klein chief engineer Of the Com
r~nissioners Of Accounts. testified yesterday
that the wooden paving blocks now being
laid in the city's streets were not UP to
specifications and that they had not been
properly treated with c%reosotes. They are
the worst blocks / ever saw" he said, ~and
AZ they will soon rot the pavement will
become detective Mr. Klein asserted
that although he had called the attention
Of the Borough President'S oftice to the
inferior blocks they were still being used.
Stephen H. Peckham, an expert chemist,
testified that the specifications called for
the saturation OF the blocks with creosote
and ~coaltar. but that he had found that from
% TO 10 per CeII, Oh LIE plOChb hdu DcCn OlilJ
partially treated. while IS per cent. had not
been immersed at all.
The contract for the supply Of the blocks
IA held by the United States Woo Pre-
serving Company. At the yards OF the
oompan at Perth Amboy Borough Presi-
dent Ahearn is supposed to have an in
epector stationed to examine the blocks
before they are shipped here.
ANeL ethe hearing the Commissioners Of
Accounts sent a letter to Mayor Mcclellan
calling his attention to the report made by
aIr. Klein and recommended that the lay
ing OF the blocks be at once discontinued
and that the United States Wood Preserv-
ing Company De compelled to replace tn
inferior blocks with material upto standard.
They also advised that all payments TO
the company be stepped.
Marvin Scudder. the accountant eme
ployed bv the commission, went on the
stand again yesterday and stated that
the DEPOSITS in Walkers bank account from
January, 1905, to April, 1907. amounted to
$50 liza. Mr.. Scudder said that this sum
was exclusive of the salary of S4i6.6o a
month received by Walker. In the same
period the city paid 70 Tydings and Boyce
Il Lynch a total of S2e, e65.
Commissioner Mitchell after a conference
1esterdsy with Corporation Counsel Ellison
6n the subject Of the decision made by
Justice O'Gorman said he understood that
Martin w. Littleton, counsel for Mr., Ahesrn,
intended TO take an appeal. which would
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