The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-26
BOARD TO DECIDE
ON SUBWAY ACTION
Mayor Will Be Present To-day
When Mandamus Writ Is
Considered.
MCCALL HAS 4 SOLUTION

Mayor Michel. who returned from
the Plausburg camp yesterday expecting
10 go back last night, stayed over IN
order to attend an important meeting ot
the Board OF Estimate to-day lie Will
.eaye for Platishurg at IL so T. NJ.
The beard is confronted BY the wit OF
m~andamus granted by Justice Saearn 20
Ho.o-ook. Cabot 4 Rollins. compelling
the board either 10 approve or disapproNe
;Iat oompaHys coHi!ac; :or subway
work just as Il came from the Public
Service Commission. Justice Shearn
ruled that the board acted illegally in
striking out a clause providing that a
Jump sum payment for extra WORK could
be agreed pom by the contractors Il
he chief engineer OF the Public Service
Comm ss,on.
To-day the Board Of Estimate will
consider thee lines Of possible action
F~Irst-Appea. 10 the Appellate d.
vision from the Shesrn decision. This
QUIT does not So again untl Octob~-
Meanwhile SUBWAY completion would be
delayed.
second-RescEI the vote whereby the
lump sum clause was struck out and
1ppg'', the e.-irc contract
Th.r1-r.saTprOve the entire con;rac;
and request the Public Service Commas
SION TO -eadvertsv FOR bids.
George McAneuy firmly believes that
the contrac; should be approved In .,s
entirety. Comptroller Prtnder-ast took
the other view up 10 the time OF Justice
Shearn's decision. He mad a talk with
NJ McAnery yesterday and later NJ.
Mc.AHeny and Cooperation Counsel Polk
attended a conf renee at the Mayors
home. Mr.. Prendergast may sid with
Mr.. McAneny at to-days meeting The
Mayors position was not made public.
Chairman Mccall OF the Public Ser
vice Commission offered a solution Of
the muddle yesterday, which Will be con-
sidered by the Estimate Board to-day
He said the board could ADOPT a resolu-
tion requesting the commission not TO
approve unit or lump sum payments TO
contractors exceeding ) per cent, OF the
amount OF the contract without con-
sI.tiDg the Board Of Estimate
In NJ. McCa!ls opinion this would
not affect the legality OF the contracts
or the power OF the commission 10 carry
them out In his statement Chairman
Mccall said
with respect 20 the suggestion Of
Justice Shearn that the commission
might adopt a resolution declaring Us
inteatioA not 10 make use Of the alterna-
tive payment provisions Of Article MI,
the commission Is OF the opinion. and Is
~ 49, rr"H haE~s 'NNAN 81 "bsAN
the same legal consequences as striking
out the provision as suggested by the
Board Of Estimate anl Appor:ionment
1t would at hes, be attempting to ac-
compl.sh Indirectly tina; which il could
not DO directly. The commission cannot
as against a contractor divest Itself
OF the power TO carry out a contract
accord ng to its terms.
The commission Is not actuated BY
any sp.gi; OF pride Of opinion OF Ges!re
10 bubble over petty things. II has not
been possible for II 10 act in this matter
without inyalidatng subway contracts
a~ggregat.ng millions OF dollars. The
commission desires only tina, all such
matters be treated In a fair. broad gauge
manner cunsonant with the Importance
OF the work Above all Il Is important
that the completion OF the dual subway
system be not deferred a day longer
than Is absolutely necessary