New-York tribune., 1909-12-31
CONTRACTOR MUST
DEFEND CLAIMS
OTEEN.SBORO BRIDGE
PAYMENTS STOPPED.
Court Says Blame for Blunders
Must Be Fired Tribune
Sustained. -

Supreme Court. yesterday made perma-
nent the injunction granted by Justice
Seabury on December on the applca-
tion of Mrs. Amanda Schunck- OF Brook
Iyn. a member of the Allied Real Estate
interests. suing as a taxpayer. restrain
ing the city from making final payment
to the Pennsylvania Steel Company upon
it's contract for the erection OF the su-
perstructure of the greensboro Bridge
The amount involved includes 100000
claimed to be due upon contract, which
carries with il the retention by the city
o: the steel company's bond for $1,000
coo for faithful performance and $751;
461 Al claimed for extra work performed
under orders from the Bridge Commis-
sioner
The decision estops the Controller and
the Bridge Department from settling the
claims of the contractors and releasing
their bond. with the consequent preven-
tion of a thorough investigation TO fix
and great waste of the taxpayers money
in the erection of the greensboro Bridge
1t will be necessary now for the con-
tractors TO prove their compliance with
the contract even though the Corpora
tion Council has stated that the city could
not defend itself against the contractors
claims without the officials Of the Bridge
Department stultifying themselves
Thus the contention fzs4e for many
months by The Tribune las AT last been
sustained by the court.
GROUNDS OF PUBLIC POLICY
a noteworthy thing about the de-
cision is that it was given not so much
upon the legal points raised in the argu-
ment as upon broad grounds of public
policy
Justice Bowling took the stand that
one of the principal functions which the
bridge was designed TO perform was the
carrying of elevated railway traffic
From the evidence presented he found
that. owing 10 the failure OF the structure
To meet its specified carrying capacity.
elevated trains could not be run over the
bridge with safety unless millions OF
pounds of useless steel and concrete were
first removed. and then only limited
service of elevated trains would be pos
sible.
in
ton are, in the opinion of the court. OF
such grave and serious public impor-
tance that tney can only be satisfactorily
dIsposed of by a trial of the action before
the courts.
THE TRIBUNE'S CAMPAIGN
The decision of Justice Bowling that
the questions involved in the erection OF
the superstructure of the QueersbOro
Bridge are of such grave public i'm
portanc that they must be disposed OF
before a court with power 10 examine
witnesses under oath is the outcome of a
persistent campaign carried on by The
Tribune for more than a year and
half TO prevent the completion of
bridge that might have been a menace
TO public safety
ON May l., 1908, The Tribune pub
Iished a statement from well known
engineer to the effect that the Queens
boro Bridge as then being erected was
overloaded to greater extent than the
Inflated. cantiliver bridge at Quebec.
which collapsed during the preceding
year and caused great loss of life among
The facts contained in this article
were promptly and emphatically denied
by Bridge Commissioner stevenson and
his chief engineer. q. NJ. Insersoll and
| Mayor Mcclellan sarcasticaIIy requested
the Bridge Commissioner To be sure
and let him know just when the struct-
ure was expected TO collapse so that he
might not miss being present
! INGERSOLLS ADMISSIONS
! Chief Engineer IngersoIl while pro-
| testing that the bridge was absolutely
safe, admitted that the weight of steel nut
into the structure exceeded the amount
/ specified in the contract by 25 per cent.
or 19.0oO.000 pounds. and that the esti-
/ mated stress on the main compression
! members of the bridge was as high as
10000 pounds TO the square inch. al
| though The Tribune had previously
/ pointed out that the quebec bridge fell
/ with stress on its main compression
members of only $4,000 pounds to- the
/ square inch.
Gustav LindenthaI. who. as Bridge
| Commissioner. planned the Queensboro
/ Bridge, in interview in The Tribune
stated that. il il was the intention of the
Bridge Department to load the structure
up TO 100000 pounds to the square inch.
there was grave danger of the bridge
coliapsing under its first heavy load OF
| congested traffic.
For weeks The Tribune demanded that
| steps be taken by the city officials To de-
terminc the safety of the structure by
| an expert examination and by the maxi
/ ing of tests The Bridge Commissioner
/ ordered the officials of his department. 10
refuse To discuss the question. ulSier
/ pain of instant dismissal
Finally. Controller Meta took the initi-
/ ative. and with the approval OF the
l. D,-i1