1st Session. No. 78. IN THE SENATE OF THE UNITED STATES. FEBRUARY 2, 1854.-Ordered to be printed. Mr. SEWARD made the following REPORT. [To accompany Bill S. 182.] The Committee on Commerce, to whom was referred the petition of Thomas Butler, report: That on the 4th day of August, 1847, a contract was executed between Cornelius W. Lawrence, superintendent of light-houses, &c., in behalf of the United States, and Thomas Butler, the petitioner, for the construction by said Butler of a light-house on Execution Rocks, in Long Island sound. Among other things it was provided by the terms of the contract, that the work should be done under the superintendence and direction of an engineer, to be appointed by said Lawrence in behalf of the United States, and that the largest and most suitable of the several rocks composing the group called Execution Rocks, should be selected for the site of the building. The contract provided for the construction of the foundation as follows: "The rock not being of sufficient extent to receive the full size of the base building, the deficiency is to be made up with concrete, or split granite, well bedded in hydraulic cement." The working drawings, accompanying the specification, also show that the foundation was designed to be built of split stone. It appears by the evidence accompanying the memorial, that by the direction of the engineer appointed by the superintendent of light-houses to take charge of the work, hewn granite was substituted by the petitioner in the foundation for the split granite mentioned in the contract. This is distinctly proved by the testimony of William Brainerd, which is as follows: CITY AND COUNTY OF NEW YORK, ss. William Brainerd, of New York, stone cutter, being duly sworn, doth depose and say: That he was foreman of the quarries at Rocky Neck, Connecticut, for Mr. Thomas Butler, and that he was so employed during the time that the stone was being cut to build the light-house on Execution Rocks, Long Island sound; that Mr. Norris, United States engineer of said light-house, came to the said quarries and stated that split stone, as named in the specification, would not answer for the foundation; that said stone must be cut, which Mr. Butler objected to, when Mr. Norris agreed that such stone, cut as he desired, should be paid for extra, and said stone was cut to the satisfaction of said Norris ; 20TATE CAT HT TO TAKE HT VI and that the stone so cut comprised about five or six courses of the work, all which were to have been rough split; and that the superficial feet of stone so cut was about nine thousand five hundred feet, (9,500,) and the cost of such cutting is worth about twenty-five cents per superficial foot. gniwollot odt obem WILLIAM C. BRAINERD. Sworn to before me, this 8th day of January, 1851, TOJOHN B. PARKER, 09 יך 16 Commissioner of Deeds. The testimony of William C. Brainerd, as to the quality of extra work in cutting the stone, and the cost o of the same, is corroborated by the affidavits of Humphrey Stevens and Chauncy Brainerd, who were employed upon the work The following affidavit proves that the extra work was ordered by the engineer TWI W auilomo mw offIn Thomas J. Gilleland of the city county, and State of New York, being duly sworn, doth depose and say: That for the last eight years he has served the several collectors of the customs at the port of New York, in the capacity of principal or chief clerk, or secretary; that during that period of time he had the change, under said collectors, of the light-house department in the district of New York, and conducted the correspondence relating thereto, and particularly that relating to the building of the light-house on Execution Rocks, Long Island sound, by Thomas Butler; that deponent has read the petition of said Butler for extra allowance of pay over and above his contract price, on the ground that certain work, not provided for in said contract, was ordered by the then superintending engineer, Hiram A. Norris, and believes said claim to be equitable and just, namely: the substitution of cut or dressed granite in the foundation, in the place of rough split granite called for in the contract of said Butler; that said Norris conferred with deponent in relation thereto, and at the commencement of the work visited with him, the site of said light-house that said Norris in formed/deponent that the security of the building depended on the strength of the foundation, and that, in lieu of the split granite called for in the contract, he had directed the granite to be cut or dressed and secured with iron and copper. Deponent also saith that according to his recollection and belief, s said Norris resigned the superintendence of said work on or about the first of December, 1848, and sailed for California, at which time the light-house was about half up or completed; and that he is informed, and believes, said Norris is still in California, and has not returned to the city of New York. Deponent also saith that the commencement of the work was delayed several months in consequence of the difficulty in fixing the site of said light-house, under and agreeable to the directions and instructions of the department at Washington. had a tota dos telt begros airo M godw : alto bi to morodtaitna out of two as Sworn before me, February 17, 1851, Home buisq CORNELIUS P. DEIUCELY, The evidence presented establishes that the stone was cut by the direction of the engineer employed in behalf of the United States; that the cost of cutting the same was twenty-five cents per superficial foot; and that the number of superficial feet cut was nine thousand and five hundred, making the cost of the extra work in cutting the stone, $2,375 00. The petitioner claims payment for other items of extra work, and for materials furnished not included in the terms of the contract, viz: For one iron ring, 23 feet in diameter, 21⁄2 inches round, and letting in, cost.... $160 00 One iron ring, 21 feet in diameter, 1 inches round, and letting in, cost.. 110 00 400 pounds of copper dowels, put in lower courses, at twentyfive cents per pound.. 100 00 Drilling holes for the same in eight courses of stone.. 132 00 45 00 547 00 Total.... It is clear that the petitioner was not required by the contract to furnish these materials and work. Besides other proof in support of the latter items of charge, the engineer who had the superintendence of the work during the latter portion of the time when the light-house was being constructed, certifies to the correctness of the charges for the above named extra work and materials, and states that the same were of the utmost importance to the strength and safety of the light-house. The petitioner has given reasons satisfactory to the committee why these charges were not presented in season to be paid out of the appropriation for the above named light-house. Mr. Norris, the engineer who originally had charge of the work, left for California in December, 1848, after the foundations were laid and the extra work charged for was performed, so that the petitioner could not obtain the necessary report or certificate from the engineer to enable him to obtain the allowance of his charges at the treasury. The petitioner also claims two thousand dollars for damages for delay of the work for nine months, on account of the site for the light-house not having been fixed by the United States; and the further sum of five hundred and eighty-eight dollars charged to him by the accounting officers of the treasury and deducted from the amount payable by contract for extra time of the engineer employed to superintend the work. The petitioner has not presented satisfactory evidence in support of the latter claims; on the contrary it appears from correspondence of the committee with the 5th Auditor, that the delay in fixing the site for the light-house was caused by the petitioner. In the opinion of the committee the two latter items should not be allowed. Upon a careful consideration of the evidence submitted, the committee are of opinion that the charges for extra work in cutting stone, and for the other extra work and materials furnished, amounting to $2,922 ought to be allowed, and report a bill accordingly. |