New-York tribune., 1908-02-20

ica- engineer; Charles Il. Graham. engineer in
charge of sewers; Patrick J. Reville superintend-
eRt Of buildings; a number of other employees OF
The Borough OF The Bronx. and several contractors
members OF companies and private citizens, ap
pear for examination pursuant TO Section No. 1884
OF the Greater New York charter.
The petition is addressed TO of the justices
OF the Supreme Court, and recites that the de
ponents are informed and believe that the borough
officials and other parties named in the title have
violated and evaded, and have aided and abetted
IN the violation and evasion, OF numerous pro-
visions OF the greater New York charter and Of
the Penal Code, resulting great loss and damage
10 The city Of New York and the citizens and tax
payers thereof.
ALLEGATIONS II PETITION.
The specific allegations in substance as
That on OF about July 20. 1906 Louis F. Hafen
Commissioner Of Public Works; Martin GelsZleT
Superintendent Of Highways; Josiah A brlgssi
assistant engineer. and Robert L. Alien. an as
aided, abe5ted and allowed Dennis ". Moran TO
falsely demand and fradudalenty receive from the
Sy @-S24 l. upon the false and frauduieIt
lations by the said Moran that ne had Iaithtully
beGIoinled @ q contract according 70 speclncauons i
ing paving and grading Macomb's Road. from
when as a matter Of fact he had continuously
violated the terms OF the contract and specitica-
tons, especially in the construction Of retaining
avenues: that the ofIicias named We're al notied
ana personally advised. prior to July DO by John
Brady. then an inspector OF regulating paving and
despite this notification the officers named falsely
compHed with, thereby aiding and aoetting the me
contractor 10 frauduIenty demand aIc Tece!cs
165 o. the state Penal Code and Section 1851 OF
the city charter.
COMPLAINT ABOUT PAVING.
That Hanen. Bruckner. Briggs. GeiszleE ;ej .s and
sleQ. oeL5eI - @ slG a2"5a i7 t5iS md frsf5iently re
2-laS 10 5slseE 'tl- a{5 % @ or he faIse and
fraudulent representations Of the company that 1t
naa faithfully eF[orIned a S0nlFSSt 60 a5S a renaTin
with asphalt blocks East 153d street from MeToss
fact. the oompany had in the course OF repaaviRs
contract, especially in laying the pavement at d
greater height than the plan-graGe, and in con
sgeng the cutters & "a at s l ~ 3sP Poci5i Pr notification
having been given ne Officials named prior 70 sep
&c5oT & @ o. 5f lSc5sr = falsely certify that
tEa TTa-ringe Paving Company had carried out the
terms OF its contract. thereby aiding and aoetths
The eopany IN fF21al5 d d ng 4, qaf fbe # in To
lat5on Of Sections 10 Iq D. I23 3- ol CF2 15.T ''
That HafEen, Brlckne-. GeiszleI, 5glggGS 80, aIu
fully aided and abetted the Hastings Paving Com
pauy in falsely demanding and fraduently TecelE-
ier+ Ta9resentations Of the company that it had
fa+bf-11Iv rerforrned a contract entered into with
+Sa -ity on FEBRUARY 20 1893. for repaving with
asphalt blocks East 158fh street from Lhird ave &
nue. 10 Park avenue when as 8 matter o. fact ne
company had, in the course of repavlng the s4ia sac
street. continuously violated its contracL esIecag
- the citv was available and should have been
used upon the work II ma lS oaav i 1g noed
by Michael ConvnghaTn, then an inspector OF regu
4 aorTscT PafTi@dg TGd 6eG 6en sd Tolafsd the ocss named
falsely certified th2t The cQ9tTaoC nc -I nsF 1 he
Hastings Paving Company n receiving 85 % from
the CITY in violation Of Sections 165 and l65 of the
state Penal Code and Section l55l or the CITY
charter.
CHARGE ABOUT NAcADAI CONTRACT
Taat Ia&gn fen 9 B[e9S 35g Bggs + 5f eS6f to fa1s9 5
demand and fTaUduleutly receive from 1he clIy uL
her So 1905, $55I - upon the false ana LrauouIen'
represeataJons o. Hart thst tls -ti - On
AUGUST 4 1905 for paving with macadam Webster
avenue from GuuhiIl Road (Otn avenuel 70 the
oriF line Of the city Of New York. in the Borough
Of The Bronx, when. IS matter o1 iacL M ne ll4S, "a
continuously violated the terms Of the contract IN
failing lay and roll the Inacadan3 lTehez, a. 70 d
+rslt - ana thar the Teford foundation required
70 be laid under the nlacaGaEn was not iald a.
~ @ catio OF an article Illustrated with photo
eraI5hs entitled Sensational Disclosures in Web
Herald, On September .. 1866. which showed how
49, Ire officials named falsely certified that the
contract had been faithfully performed, tnerepy
aiding and sbetJing the eoHlraGtqn, n 5aIS'y ~ e 0
state Penal Code and Section l07- OF te CITY cIar
'sT T-nar F5afer Br-ucl1ner, Geiszler. Briggs and
-rl1o~7r,s0n did knowingly and wilfully aid. ahet
and allow Nathaniel McConaughly, an assistant en-
peter F Topel, Nathan J. Norz, John schuh Louis
Isls siit- 81 The cirv in the Borough of The
Bronx. falsely demand aHG .Tsudu5ehlz rtoelE -
% and December 81, 1862 various sums Of money
As salaries and wages for services falsely alleged 70
paving Of certain highways and the GRADING, OF
srI7frE the sums paid for salaries and wages 70
t1e employees named was illegally assessed against
matter of fact the employees named were contLnu-
ously engaged during the months o. Oetooef' 80 ~
~7-f he
eTaIfioai work the exuense Of which should have
been Inet o. o5S ~ t fT sIic5 Work The deponents as
@ tLs{ tHeT have been Informed and believe that
the reason the salaries and wages Of me elpl0Ets
named were charged up against funds created by
the sale Of assessment BONDS Feaeei12le out % ., 10 10
ba-effe5 was that the regular budget appropria-
ion Tor the Typographical bureau OFT Of which The
salaries and wages cue ines (,-SI- Ta05
been paid, exhausted prior 70 Cttt3tr -
fuzzy cerllLy - -Ir ~ Tsz-ng certain highways
End grading others in order that Jher salaries ail
[rages n7ight he paid out Of the funds created by
Nc, ale Of assessment bonds in violation OF Sec
lions les and 1es OF the State Penal Code and Sec
ton 155I Of the city caa[leTi ane 5 aL 80
that although this charge T5s publicly @ C5 ana re-
ptalISs ~ t5a~lys FOR the Borough of The Bronx and
7tie~ prominent and well known citizens and tax
payers OF orccse5 lg bcrorgh officials to refund the
money Illegally paid out Of assessment bond FUNDS
gro - thus wrongfuy and Illegally received sal
aries and wages money 10 which they were no'
entitled.
COMPLAINT ABOUT SALARIES
That Hanen. Bruckner. Briggs. GeiszIer and
--oT,y,s1n did on or about November % 1892 know
,nej+- and wilfuy aid, abet and allow Brian =
Collier an assistant engineer; John T. Joyce, John
~ sheridan and John A Hennessy, ali employees
OF the city, &c receive from the city various Sums
ri money as salaries, wages and expenses falsely
alleged TO have been due them for services ren-
go the Bureau Of Highways for portion OF the
T10r4h OF November. 1902. when as matter OF fac'
aiI of the employees named were continuously en-
+ gsqed during that month IN supervising work ioI
fHe Union Railway Company, which was legally
f ,.bfIe 50 engaged The accused borough ofncaIs
lie depouents assert did nevertheless falsely GER
rffv that the employees named were entitled 70 re-
live salaries wages and expenses for SIX Gays
during the month Of November, 1872 for services