The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-12-07
ANDREW s. DRAPER ENJOINED
LAWYER ALLEGES INTENDED
ER4ID ~ CONTRACTS
For Furniture for Department Of Educa-
ton Dr. Draper Describes the Pro-
ccedlngs 80 Ear ana says lie BcilcNcs
The, Have Bcrn Correct and Prudent

Frederick /. Klein. "A lawyer, brought
suit yesterday a. II taxpayer for AN in
junction restraining Andrew = Draper,
State Commissioner of Education, from
letting contracts for s2OO.OOO worth OF
furniture for the new Educational Build
ing at Albany ON the ground that he is
about to pcrpetrate fraud upon the
people of the State"
Upon the complaint in kleln's suit
Supreme Court Justice GiegeriCh signed
a temporary injunction restraining Com
missioner Draper from opening bids
on the furniture at "a meeting ot the Board
of Regents to-day and directing the Com
missioner to show cause before supreme
Court Justice Ford tomorrow why the
injunction should not be continued pend
ing the suit
Commissioner Draper has invited bids
for the new furniture under a bill which
was introduced by Senator Thomas II.
Cullen, Brooklyn Democrat III the
closing days of the last session. which
became Chapter 9oi of the Laws of 1911.
The act was approved Ivy Gov. Dix on
October -. 1t permits Commissioner
Draper to spend sl,?5o.ooo for books
and furniture for the new Educational
Department Building without public let
ting. and although Commissioner Draper
was appointed IA a Republican there
was no fight on the bill in the Legislature.
Section of the act reads
The Commissioner of Education j. hereby
authorized To enter into contracts Tor an
amount not to exceed in the aggregate
the sum of two hundred thousand dollars
saOO. .OOO for such furniture and oflicc
fixtures as may I've necessary for the state
Education Building and the rooms and
Offices thereof.
The complaint states that acting under
the authority of the bill seven days before
il was approved by the Governor Com
missioner Draper directed his deputy
George NJ. Wiley. to send out invitations
to various furniture dealers and firms
which equip public buildings asking
for proposals for fitting out the Educa-
tional Building. II is stated that the in
vitations carried with them no speci-
tications although the Deputy Commits
sioner submitted the number OF desks.
chairs, cabinets and bookstacks needed
and some measurements, but did not
state whether the desks were to be of
wood or metal. The shelving was de-
scribed more in detail The complain,
says:
No plans or specifications or detailed
drawings accompanied said invitations
and without such plans specifications and
working drawings II is impossible for
contractor intellgentlv TO make up any
sample for submission TO the education
department II i the usage and custom
ali
given to prospective bidders concerning
the nature. kind. quality and number Of the
, articles OF furniture to be purchased and
| to supply to bidders plans. working draw
! ings and specifications of such furniture
| to be supplied
The complaint goes on to allege that
| the Library Bureau, a Boston concern
| has full specifications of the furnitur.
desired. and says upon information and
belief that many Of the employees of the
department of education are Interested
| financially in the Library Bureau. a cor
! poration engaged in the manufacture and
sale Of Office furniture and furnishings
| and plaintiff is informed that the said
Library Bureau alone has been given
information as To- the details and specifca-
tions of the furniture for which the bids
have been asked. and that said Library
Bureau therefore has an advantage over
rant of the nature and character of the
furniture for which bids have been asked "
Mr.. Klein says that an award under
such conditions will be in violation OF
the laws of the State and constitute a
waste of public money, and that the course
has been pursued with intent To deceive
prospective bidders other than the Library
Bureau. He insists that 1T prevents
fair and honest bidding at lower price,
than will be obtained under such imprope,
bids
The Injunction order was served or
Commissioner Draper Yesterday. and hi,
reply has not yet been filed in the Suprem,
Court.
Or, DIAPERS REIOINpER
AIK,Ny. Dec. e--Dr Draper made tn,
following statement regarding the injunc
ton suit:
The Injunction proceedings relate onl,
TO the furniture for the Office and worl
rooms and 10 the cases in the Stat,
Museum. Ii is impossible for me to say
even appro1imat tely how much money
Is involved, but ! have not SUPPOSE
that more than one-half of the $500 OO
appropriated for the building would b,
required for this purpose The furntur.
for the large and more public rooms
such "a the delivery room and the fiv.
reading rooms in the library, is bein,
designed by the architects, and uDon the
designs and specifications bids will b,
asked. That has nothing 10 do with tn
matter now in court
As to the office furniture about which
/ my procedure is questioned, il was be
, lleved that il would be fairer to manu-
facturers and better for the State I,
invite makers to show goods OF the
own design In that way they woulC
not have to conform to patterns strang
TO them and we would have the advantag,
Of the best designs in the market. vi
! have been willing To select rom the bes
STOCK FURNITURE for this purpose. and tn
way We have done was the only way /,
do 1t. We communicated with a doZel
or more of the leading furniture manu-
facturers OF the country, asked thei
advice about procedure and have foIlowe,
il as best we could
Exact plans and specifications SCENE,