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The Merchants' Association of New York
OFFICERS 1906
Preszalezza
CLARENCE WHITMAN.
1st Vice-Preszaleztſ
GUSTAv H. SCHWAB.
2d Vzce-Preszdezzf 3d Vice-President
HENRY R. TownE. WILLIAM A. MARBLE,
Treasurer Secretary
GEORGE L. DUVAL. S. C. MEAD.
Business Manager Balztor and Statisfaczant
HENRY D. DUMONT. FREDERICK B. DE BERARD.
Counsel
HoN. John W. GRIGGs.
Dzrectors
J. HAMPDEN DoughERTY.... Dougherty, Olcott & Tenney, 27 William St.
HARRY Dowie. . . . . . . . . . . . . . . . . . . . . De Winter & Co., 334 Greenwich St.
THOMAS H. DownING . . . . . . . . . . . . . . R. F. Downing & Co., 13 William St.
GEORGE L. DUVAL. . . . . . . . . . . . . . . . . . . . Wessel, Duval & Co., 25 Broad St.
JAMES H. KILLOUGH. . . . . . . . . . . . . . . . . . J. H. Killough & Co., 157 West St.
CHARLEs R. LAMB. . . . . . . . . . . . . . . . . . . . . . . . . J. & R. Lamb, 23 Sixth Ave.
W. H. MCCORD. . . . . . . . . . . . . . . . . . . . . . . . Post & McCord, 44 East 23d St.
WM. A. MARBLE . . . . . . . . Vice-President R & G Corset Co., 395 Broadway
DANIEL P. MoRSE. . . . . . . . . . . . . President Morse & Rogers, 134 Duane St.
GUSTAV H. SCHWAB. . . . . . . . . . . . . . . . . . . . . . . . Oelrichs & Co., 5 Broadway
PROF. E. R. A. SELIGMAN. . . . . . . . . . . . . . . . . . . . . . . . Columbia University
HENRY R. Town E. . . . . . . President Yale & Towne Mfg. Co., 9 Murray St.
GEO. FRED'K VIETOR. . . . . . . . . . . . . . . . . . . Vietor & Achelis, 66 Leonard St.
CLARENCE WHITMAN. . . . . . . . . . . Clarence Whitman & Co., 39 Leonard St.
TE
2 S
N S
C n —”
Committee on City Conditions
Paving, Street Cleaning, Police, Sanitation, Enforcement of Ordi-
nances, Street Traffic, Street Signs, Streets and Parks, etc.
John C. EAMEs, Chairman
S. CARMAN HARRIOT W. A. MARBLE
WM MCADOO HENRY R. Town E
FREDERICK B. DE BERARD, Secretary
REPORT OF COMMITTEE ON CITY
CONDITIONS
New York, December 5, 1906.
To The Board of Directors of the Merchants’ Association of
New York.
GENTLEMEN:
*HIS Committee has had cognizance of the subject of Street
T Administration in this City since the Fall of 1904. During
the earlier portion of this period many complaints were received
from members as to the defective condition of the streets. Each
specific complaint was presented to the Borough President and
steps taken to secure proper repairs.
At a later date it became manifest that a comprehensive
examination of the methods in use by the Bureau of Highways
was desirable. Accordingly, in May, 1905, a thorough inspection
was made of all the streets south of I25th Street and a few
streets to the northward. Two parties were employed for about
two weeks during this inspection. A record was made of nearly
all the important defects, aggregating over two thousand, to-
gether with notations as to the character and probable cause of the
defect. At this time a careful analysis of the statutes, ordinances
and regulations governing the subject of street maintenance was
made. An examination was also made into the internal methods
of the Bureau of Highways. A careful report setting forth the
conditions, the legal responsibility therefor, and the seeming de-
fects of procedure in the Bureau of Highways, together with
recommendations for improvement in those methods, was at that
time prepared. This report was not published but was submitted
to the Borough President and the subject-matter thereof taken
up not only with him but with the Commissioner of Public Works
5
and the several engineers of the Bureau of Highways, with the
result that some of the recommendations were adopted and a
partial reorganization of the methods of the Bureau of Highways
ensued.
Consequent upon this change of methods a material improve-
ment in the conditions at once followed. In the course of a few
months, however, the revised methods were practically abandoned,
and in the Spring of the present year it was found that conditions
were apparently worse than when the first observations were
made. Accordingly a second inspection was undertaken in July
last, at which time 3,006 important defects in the pavement were
recorded, in addition to which a very considerable number existed
which could not be recorded because of the general tearing up
of the streets in a large area for the purpose of laying water
IIla III.S. -
It became obvious during the investigations of the Committee
that, although the legal responsibility for the pavements is im-
posed upon the Borough President, in practice the jurisdiction
is divided among a number of co-ordinate departments and
bureaus, the operations of which are often in conflict, with the
result that action necessary to proper maintenance of the street
is often paralyzed.
In September this condition was brought to the attention of
His Honor the Mayor. At a later date the subject was formally
presented to him in the following letter:
THE MERCHANTs’ Association of New York
- October 12, 1906.
HoN. GEORGE B. McCLELLAN, MAYoR,
City Hall, City. -
Dear Sir : Pursuant to the oral representations made to you
October Ioth by Messrs. Eames, Towne and De Berard, we respect-
fully request you to appoint a commission charged with the duty of
examining into the efficacy of the present administrative system in
this City governing the construction and maintenance of pavements
and sidewalks, of sewers, pipes, pipe-conduits and similar sub-
surface structures, and of the regulation of the use of the streets
for building operations; said commission to report to you with
recommendations. -
It is a fact too obvious to admit of dispute, that the disrepair
of our street pavements is so general and persistent as to cast
great discredit upon the City, to impose a heavy burden of damage
and inconvenience upon the business community, to entail great
discomfort upon all citizens and to subject the public treasury to
heavy loss, through judgments for damages. It is also indisputable
that the streets are constantly and unduly obstructed by building
operations. This condition is due to:
I. Failure promptly to repair the defects due to traffic.
2. Inadequate control of restoration of openings in pavements
made by—
A. The Water Department;
B. The Bureau of Sewers;
C. Gas, Electric Lighting, Telephone, and other Public
Service corporations;
D. Plumbers and others.
3. Insufficient restriction of the use of streets for the storage
of building material and for other purposes incident to the
construction of buildings.
Great numbers of defects are due to the wear of traffic. These
are seldom promptly repaired, and are frequently neglected for
months, despite the fact that contracts for new pavements obligate
the contractor constantly to maintain the pavements in serviceable
condition for a period of five to ten years; the cost of such repairs
being included in the original contract price, and thus being paid
by the City whether the repairs are made or not. In practice,
these maintenance contracts are not effectively enforced, and the
contractors habitually neglect properly to comply with their
obligations.
In the case of openings for sewers, water pipes, etc., the re-
placement of pavements is subject to conflicting jurisdiction and
divided responsibility on the part of several co-ordinate branches of
the City government.
The Bureau of Highways is legally charged with the restora-
tion of pavements. In practice, the Water Department and the
Bureau of Sewers prescribe the form of contract under which
pavements removed by them shall be restored, and the terms are
such as to preclude the enforcement of promptitude either by the
branch in which the work originates, or by the Bureau of
Highways.
In the case of openings made by Public Service corporations,
plumbers, and others, repaving is done under general contracts
7
made by the City. The provisions of these contracts are not
adapted to enforce promptitude. In other respects also, the
administrative methods are defective, and much unnecessary delay
in repaving results.
The occupation of the streets for building operations is fre-
quently accompanied by extensive destruction of the pavements,
not only immediately adjacent to the premises where building is in
progress, but often extending across the entire street. This con-
dition of disrepair is commonly maintained during a long period of
time. Moreover, the occupation of the streets by building materials
for building operations is usually unduly protracted and often
abused, so that the public is needlessly deprived of the use of the
streets, and subjected to the danger and inconvenience of long
continued obstruction.
Stated broadly, the administrative conditions governing the
branches of the public service to which we allude involve:
1. Conflicting jurisdiction.
2. Divided responsibility.
3. Defective methods.
No one will deny the need for better administration of our
streets. In our opinion, that result can only be reached by abolish-
ing conflicting jurisdiction, concentrating responsibility, and reorgan-
izing administrative machinery where defective.
It should be the duty of such a commission as we suggest,
to make a thorough study in detail of the administrative methods
now prevailing in this City, in order fully to exhibit their defects;
to make a similar study of methods in those cities of Europe and
America where the best results in street administration have been
obtained, and from such study, to evolve a plan of reorganization of
street administration in this City upon a basis which shall tend to
maintain the street pavements upon a high plane of excellence.
In case of the appointment of such a commission, The
Merchants’ Association will undertake to co-operate in its work
through the services of competent experts and otherwise, and to
promote the passage of such legislation as may be found necessary
or desirable to give effect to its recommendations.
Very respectfully yours,
CoMMITTEE on CITY ConDITIONS,
THE MERCHANTs’ Association of NEW YORK,
By JoBN C. EAMES,
Chairman.
After due consideration the Mayor concurred in the request
of the Committee on City Conditions and stated his intention to
appoint the Commission desired, and under date of November
28th named the following gentlemen:
John C. EAMEs, Vice-President of the H. B. Claflin Co.,
Chairman; -
NELSON. P. LEwis, Chief Engineer, Board of Estimate and
Apportionment;
WILLIAM C. REDFIELD, ex-Commissioner of Public Works,
Borough of Brooklyn;
SAMUEL WHINERY, C. E., author of “Municipal Public
Works, Their Conception, Inception and Management,”
who has served as consulting engineer in certain matters
for the Department of Docks, and the President of the
Borough of Manhattan.
WALTER C. KERR, President, Westinghouse, Church, Kerr &
Co., Engineers.
The scope of the duty devolved upon this Commission is
stated in the following letter:
CITY OF NEw York, OFFICE of THE MAYOR.
November 28, 1906.
Sir :
It is my intention to appoint a Commission for the purpose of
enquiring into the present system of the street administration in
the City of New York, and of devising some comprehensive plan
which will do away with the existing conflict of jurisdiction over
such matters, and concentrate the responsibility for the administra-
tion of the city streets under one central head.
As you are probably aware, the control of the streets of the
City, under the existing law, is vested not in one department alone,
but in many. The Police Department, the Department of Street
Cleaning, the Department of Water Supply, Gas and Electricity,
the various bureaus under the jurisdiction of the Borough Presi-
dents, namely, those of Buildings, Incumbrances, Highways and
Sewers, are each charged with certain duties in regard to the
streets, some of which are of a conflicting nature. Thus the
Police Department, the Department of Street Cleaning, and the
Bureau of Incumbrances, are each required by law to remove
* º
9 * * g 4 = * *
* * w * *
*
.*
obstructions from the streets; while the Bureau of Buildings is
permitted to grant permits for their partial occupation during
building operations. The Department of Water Supply, Gas and
Electricity, and the Bureau of Sewers, have the right to allow the
surface of the streets to be opened, while the Bureau of Highways
is charged with the duty of keeping the surface of the streets in
repair. In addition, the public service corporations claim certain
rights to open up and disturb the surface of the streets for various
purposes, after the exercise of which it is often difficult to obtain
from them a speedy and satisfactory restoration of the street.
As a direct result of this divided responsibility, a street is
often allowed to remain in a deplorable condition, while it is
impossible to call any one Department to account for its existing
condition. For example, if the Police Department, or the Depart-
ment of Street Cleaning, proceeds to remove building material that
is unnecessarily obstructing the traffic on a street or sidewalk, the
defense is offered that such an obstruction has been permitted by
the Bureau of Buildings. If it is sought to hold the Bureau of
Highways responsible for the condition of a pavement, the answer
is made that the Bureau is powerless to proceed, because the
openings have been ordered and continued by the Department of
Water Supply, Gas and Electricity, or the Bureau of Sewers.
The continuance of these conditions should no longer be
tolerated by the City. In my opinion a better administration of
our streets can readily be effected by abolishing all such conflicting
jurisdiction, and by concentrating the responsibility for street
maintenance under some one central authority. It should be the
duty of this Commission, which I propose to appoint, to investigate
the administrative methods now in force, and to suggest a plan of
reorganization through which the City may obtain an efficient
system for keeping its streets in the condition demanded by public
safety and convenience.
My purpose in writing you at length concerning this matter
is to ask whether you will accept an appointment as a member of
this proposed commission.
Yours very truly,
(Signed) GEO. B. McCLELLAN,
Mayor.
Early in November the Committee on City Conditions made
a third inspection of the streets with the purpose of demonstrat-
ing the extent to which conditions of disrepair continue, by ob-
serving a second time the more important of the defects recorded
• * 10
* . . . * *. ..W. * *
*
* *
w -
* *
in July previous. It was found that although extensive repairs
had been made they were not systematic or thorough, and that a
large proportion of the defects existing in July still continued to
exist in November.
The several reports embodying the results of the investigations
made under direction of this Committee, which exhibit the condi-
tions in detail, are appended hereto for your information.
The efforts of the Committee on City Conditions having re-
sulted in the appointment of an official commission competent to
deal effectively with the whole subject, the further work of this
Committee will be to co-operate with that Commission and pro-
mote its work by placing at its disposal such assistance as may
be desired by it. For the promotion of this work this Committee
has requested and received a suitable appropriation to defray the
necessary expenses of the Commission.
Very respectfully yours,
JoHN C. EAMEs, Chairman.
Committee on City Conditions, The Mer-
chants’ Association of New York.
JoHN C. EAMEs, Chairman.
WM. A. MARBLE.
HENRY R. Town E.
WM. MCADOO.
S. CARMAN HARRIOTT.
FREDERICK B. DE BERARD, Secretary.
11
APPENDIX A.
REPORT OF INSPECTION OF STREET PAVE-
MENTS AND ANALYSIS OF METHODS
OF ADMINISTRATION.
May 29, 1905.
John C. Eames, Esq., Chairman, Committee on City Conditions.
DEAR SIR:
URSUANT to instructions from your Committee, a general
inspection of the pavements of Manhattan Borough was
begun April 24th and continued during ten days. During this
time two inspection parties were continuously employed. They
comprised F. R. Davis, C. E., P. Winkler, asphalt foreman,
Willard E. De Berard, photographer, and the writer. All the
asphalt pavements and many block pavements south of 125th
Street were inspected. More than two thousand defective places
were located as per schedules herewith.
In the case of asphalt pavements, minor inequalities of sur-
face were disregarded and only actual breaks in the surface or
extreme depressions were recorded. The old block pavements
were found in such generally bad condition that only aggravated
instances of extreme depression or unevenness due to neglected
or improperly repaired openings were noted. The responsibility
for these specific cases is located below. The generally bad con-
dition of the old block pavements is not due to shortcomings of
the bureau in charge but to the failure of the City authorities to
make the appropriations necessary for repaving with more
modern pavements.
The defects observed comprise:
12
Breaks from wear and tear (hereafter called “traffic holes"),
Gas and electric openings,
Water Department openings,
Sewer openings,
Plumbers’ openings.
After collating the several reports in schedule form, a care-
ful study of the provisions of the Charter, City Ordinances and
the rules and regulations governing the removal and replacement
of pavements was made. Inquiries were then made in the Bureau
of Highways to learn the method employed by that Bureau for
giving effect to the laws with whose enforcement it is charged.
Among the officials from whom information was sought were the
Borough President, Superintendent of Highways, the Chief En-
gineer and Principal Assistant Engineer in charge of highways,
and several clerical assistants in the cashier's office. Information
was also obtained from officials of the Edison Electric Light Com-
pany, Empire Subway Company, Consolidated Telegraph and
Electrical Co., various asphalt companies and men employed
in the actual work of paving. Copies of the various permits, re-
port blanks, rules and regulations, contract forms, specifications
and other documents in use were obtained. The various record
books were inspected. In general, a sufficient examination of the
methods and routine of the Bureau was made to afford a view of
the workings and permit intelligent conclusions as to their
efficiency.
Each class of defects observed is analyzed below. The legal
regulations attached to each are cited, the causes of the contin-
uance of the conditions are shown, and the legal responsibility
therefor located. It is shown that defective organization and
procedure are the prime cause, and in conclusion recommenda-
tions for improvement are offered.
TRAFFIC HOLES IN ASPHALT PAVEMENT.
HE maintenance in good condition of asphalt pavements is
provided for by the contract for their construction made
between the contractors and the Borough President on behalf of
the City. The Borough President is charged with the enforce-
13
ment of the conditions of such contracts. One of the conditions
is the following:
“Item (BB). The contractors shall immediately repair and
make good to the satisfaction of the Engineer, any disintegration,
cracks, bunches, levees or settlement or any depressions in the pave-
ment that shall measure more than three-eighths of an inch from
the under side of a straight edge four feet long, which shall occur
at any time during the period of five years from the date of the
acceptance of the whole work, when notified so to do by the Presi-
‘dent by a written notice to be served on him, either personally or
by leaving said notice at his residence or with his agent in charge
of the work; and in case of failure or neglect on his part so to do
within forty-eight hours from the date of the notice, then the
President shall have the right to purchase such materials as he
shall deem necessary, and to employ such person or persons as
he shall deem proper, and to undertake and complete said repairs
and to charge the expense thereof against any sum of money
retained by The City, as herein provided, or to the Contractor
and his sureties, and the Contractor or his sureties shall pay all
such expense to which the President may have been put by reason
of the neglect of the Contractor to make such repairs as
aforesaid.”
To enforce this provision the City retains a percentage of the
contract price for a period of twelve months after the completion
of the work. The sureties are bound during the entire period of
five years or such longer time as is covered by some of the older
forms of maintenance contracts. It appears from the foregoing
citation that the Borough President has ample power to cause the
prompt repair of asphalt pavements in a defective condition
because of traffic holes.
Inquiry in the Bureau of Highways develops the fact that
there is no systematic and periodic inspection of asphalt pave-
ments with a view to informing the Engineers of the actual condi-
tion of such pavements. For that reason holes may and as a mat-
ter of fact do exist for a long time without any initiative on the
part of the City officials toward requiring the contractors to re-
store the street to good condition. Attempts to enforce the main-
tenance contracts are sporadic and occasional instead of constant
and intelligent. In case specific complaints are made, the
Borough President and his subordinates are active and zealous
14
in their efforts to cause repairs and the grounds for such specific
complaints are usually promptly removed, but in the absence of
complaints by citizens, or occasional personal observation by the
responsible engineers, the latter are dependent upon the reports
of their inspectors. As such reports are not systematically made,
the engineers remain in ignorance of defects, and the action
necessary to proper maintenance is delayed or omitted. The
reasons for this failure of inspection are set forth in detail further
O11.
PERMITS FOR OPENINGS.
O openings in the pavements can be made by any person or
N corporation for any purpose except by the written permis-
sion of the Borough President. He is authorized by law to es-
tablish rules and regulations governing such openings and is re-
quired by law to exact a deposit sufficient to cover the cost of
restoring the pavements. The ordinances together with the rules
and regulations prescribe the length of time during which an
opening may remain, and the manner in which an excavation shall
be refilled and the pavement replaced. There is ample authority
in these provisions to secure the prompt refilling of every opening
that is made and the restoration of the surface of the pavement in
a durable and proper manner. In fact, very few of the openings
actually made are so restored, for reasons which will appear
below.
GAS AND ELECTRIC OPENINGS.
N the case of trenches made by gas and electric service corpora-
tions, the work is usually performed with the greatest pos-
sible despatch and the excavation refilled with a careful observa-
tion of the rules and regulations in order to insure proper com-
pacting of the earth to avoid settlement after restoration of the
pavement. Immediately upon refilling the trench, notification is
sent to the asphalt company by which the pavement was originally
laid, such company being entitled by its original contract to re-
store all openings at the original contract price, or in the case of
recent contracts, at the rate of $3.00 per square yard for less than
ten square yards, $2.50 per square yard for more than ten square
15
yards, and $2.75 per square yard for openings between or adjacent
to railroad tracks. As a rule such trenches are repaved with rea-
Sonable promptitude by the asphalt companies having the contracts.
Nevertheless, in occasional instances there is considerable delay on
the part of the asphalt companies in obeying the orders sent them,
and in some cases the surface remains unrestored for a consider-
able period. The companies making the openings have no control
over the restoration of the pavement after the excavation has been
filled, the asphalt companies being charged with that work, under
supervision of the Bureau of Highways. There does not appear
to be adequate machinery in the Bureau of Highways for prevent-
ing these occasional delays, due to disregard of orders by the
asphalt companies as explained in following pages.
WATER DEPARTMENT OPENINGS.
HESE are responsible for serious and persistent defects
in the pavements, for the reason that there is no proper
co-ordination between the Water Department and the Bureau of
Highways. The former Department having obtained from the
Bureau of Highways a permit to open the street, proceeds
through contractors to make excavations and lay pipes. The con-
tract requires that the contractor shall cause the excavation to be
refilled and the pavement to be properly relaid. It sometimes
happens that the contractor has little financial responsibility. In
such cases the asphalt companies refuse to relay the pavement
without payment in advance, which the contractor is unable to
make. The Bureau of Highways refuses to do the work because
the cost of it should be properly borne by the Water Department;
the Water Department refuses to do it because it belongs to the
contractor. Because of lack of co-ordination, the pavement
remains unrestored for months at a time.
In other cases there is dispute between the Water Department
and property owners as to the responsibility for the cost of re-
storing the pavements which have been opened in searching for
leaks. Last year numerous large openings were made in the pave-
ment of Broadway near 46th Street to locate supposed leaks in a
main. The leak was finally located in a private service pipe,
16
damaged by building operations. The Water Department de-
clined to replace the pavement on the ground that the cost must
be paid by the property where the damage originated; the Bureau
of Highways refused to act because the opening was made by the
Water Department; and as a result that part of Broadway was
almost impassable for many months.
The proper refilling of the large excavations made by the
Water Department is necessary to the stability of the pavement
which may be relaid above it. This is supposed to be inspected by
the Water Department itself and by the Inspectors of the Bureau
of Highways. As a matter of fact, the refilling is often so care-
lessly done as at a later date to cause huge depressions in the
asphalt pavement which has been placed above. A number of
examples of this kind were observed in the course of our in-
spection. A cave-in of the pavement due to this cause not only
makes one of the most dangerous defects in pavement but is one
of the most persistent and difficult to properly restore. Because
of the conflict of jurisdiction between the co-ordinate depart-
ments, each looks to the other to perform the duty of restoration.
SEWER OPENINGS.
IMILAR conflict of jurisdiction exists between the Bureau
S of Sewers and the Bureau of Highways. There are oc-
casional cave-ins in the surface of the streets due to defective
sewer construction. These remain unrestored for long and in-
definite periods. Such an example exists on Third Street near
Lewis. A break in an underlying sewer causes the foundation
to be undermined by each heavy rain. Nearly the whole surface
of the street has caved in. It has been once repaired by the
asphalt company, has again caved in, and the occupants of ad-
joining premises have found it necessary to dump several loads
of broken rock into the hole to make the street even reasonably
passable. This condition has existed for a year and a half. Many
complaints have been made in relation to it. Other similar
examples might be cited.
It is impossible for the Bureau of Highways to maintain a
17
proper surface upon the streets so long as the Sewer or Water
Departments, in case of the works under their charge, neglect to
make proper foundations for pavements.
PLUMBERS’ OPENINGS.
A. In Old Block Pavement.
In openings of this class the holder of a permit is required
to restore the pavement. The regulations require that “the refill-
ing of the trenches shall be done in horizontal layers of not more
than four inches in the loose and each layer shall be thoroughly
compacted by hand ramming until firmly and solidly packed be-
fore the next layer is placed thereon.” No stones larger than
three inches on the longest side are to be used.
There is practically no inspection by City Inspectors during
the process of refilling plumbers’ openings. In consequence the
refilling is seldom properly done and considerable settlement is
the almost invariable result. As a general rule, the earth is not
sufficiently rammed, and often is not rammed at all. It is usually
heaped up above the proper level, and the paving stones when
replaced form a ridge considerably above the level of the pave-
ment. Inevitable settlement and the impact of traffic is relied
upon to ultimately reduce them to their proper level. The
result is seldom satisfactory. In other cases the stones when
first replaced are at the proper level, but owing to the absence
of proper ramming when refilling the earth foundation, they set-
tle badly and form a permanent trench. No systematic inspection
is made by the Bureau in this particular. Practically no super-
vision is exercised by the Bureau in case of replacement of
plumbers’ openings of this class.
B. Asphalt Pavements.
Permits for this class of openings are practically under the
jurisdiction of the Cashier of the Commissioner of Public Works
ostensibly because they deal with deposits before permits are is-
sued and with refunds after the completion of the work.
Plumbers are required to fill any excavation and to leave it prop-
erly packed and rammed for the repaving required. As a matter
18
of fact, practically no inspection over this part of the work is exer-
cised. The regulations require that after the earth foundation
shall have been prepared, the surface shall be temporarily restored
by paving stones or broken stones. This condition is permitted to
exist for six days in order to insure proper settling. When the
plumber notifies the Bureau that his work is completed, an in-
spector is sent to measure the opening and compute the area of
asphalt pavement to be replaced. A notice is then sent to the
asphalt company to do the necessary work. So far as the Bureau
of Highways is concerned, there is no further inspection and it
thereafter washes its hands of the entire matter unless the asphalt
company presents a bill for the work done. In practice many
months frequently elapse before the asphalt company gets ready to
do the work which under its contract it is bound to do five days
after having received notice.
The reason for this delay is that the asphalt companies do not
send their repair plants to a specific locality until a considerable
number of defective places shall have accumulated in that immedi-
ate neighborhood. There is no inspection by the Bureau to learn
whether its orders have been carried out. The delay may and
usually does continue for an indefinite time or until it suits the
convenience of the asphalt company to do the work ordered. In
the meantime, in the great majority of cases, the opening is a
grave obstruction to traffic. As a rule, paving stones are placed
loosely in the opening. They often form a ridge or protuberance
which projects from four to twelve inches above the proper level.
In many other instances they are several inches and sometimes
more than a foot below the surface. They are practically never
reasonably uniform with the surrounding surface. The photo-
graphs show some of these conditions.
As a result of the delay of the asphalt company in making
repairs, the opening becomes considerably enlarged beyond its
original limits. The sum which the City has required to be de-
posited to pay the expense of replacement covers only the original
area as reported by the official measurer. The area of defective
pavement constantly spreads. When the asphalt company gets
ready at its own convenience to repair the hole, the opening is
19
frequently three or four times its original size. The order to the
asphalt company specifies the original area as the quantity to be
replaced and the company can collect only for that quantity. Con-
sequently the company refuses to repair the hole. The conditions
complained of continue until they become unbearable, when a
further order is issued to the asphalt company to repair at the
public expense the added area of defective pavement.
DELAY OF REPAIR COMPANIES.
N case of the neglect of any asphalt company to obey the orders
of the Borough President as to restoration of pavements over
openings, the only recourse of the Borough President is to
order some other company to do the work. This is not effective,
for the same incentive to delay, namely, the desire to wait for the
accumulation of a number of openings in a certain district, in-
tervenes. Speedy service can be exacted from repair companies
only by requiring payment of a forfeit unless the work ordered
is done within a specified time. A more practicable method of
meeting the difficulty of making speedy repairs is the installation
of a City repair plant, in whose operation there would be no
incentive for delay.
NEGLIGENT INSPECTION.
HIS is the radical cause of the bad condition of the streets.
Broadly speaking, the force of inspectors employed in the
Bureau of Highways is incompetent, neglectful and in some cases
corrupt. There may be and doubtless are exceptions, but this is
true of the force as a whole. The responsible engineers in charge
and the responsible executive officials of the Departments have
little control over the inspectors. It has been shown above that
the inspectors do not inspect in the case of the refilling of
plumbers’ openings and that they do not systematically inspect
and report on the defects existing under maintenance contracts,
but as a rule only in specific instances where complaints are made.
It is further the fact that the ostensible inspection made by
them in the case of new work is frequently careless or nominal.
20
Within the current month in the case of pavement now being
laid on the Boulevard in the vicinity of 128th Street, the speci-
fications call for four inches of concrete topped with one inch of
Portland cement mortar in which are to be imbedded wooden
blocks. The inspectors regularly certified that this work was
being properly performed. This was found by the engineers to
be untrue. The concrete foundation upon which the integrity of
the pavement largely depended, was found to be as thin as con-
crete could be laid—from one to two inches in thickness. No
cement mortar was used as a bedding course for the blocks, but in
place thereof only sand was used. The inspectors in question
were placed under suspension.
A similar slighting of work may be inferred in the case of the
recent repaving of lower Broadway with granite blocks. The
inequalities of that pavement are obvious. Its condition can be
due only to a violation of the specifications, which could not have
occurred except by the neglect of the inspectors.
The place of inspector is looked upon as an easy job. Ap-
pointments are practically all controlled by the district leaders.
The appointees in many cases do little or no work. In some cases
they appear upon the work for but a few minutes daily.
Before the streets can be put and kept in a proper condition,
a thorough weeding out of the inspectors of the Bureau of High-
ways is necessary, followed by a complete revision of the system
for controlling inspectors and the devising of some method
whereby honest and efficient service can be exacted from the
inspecting staff.
DEFECTS OF INTERNAL ORGANIZATION AND PRO-
CEDURE.
HE Chief Engineer has hitherto had jurisdiction over the
repairing of traffic holes, under the maintenance contracts
with asphalt companies. The Principal Assistant Engineer has
had jurisdiction over the restoration of openings made by corpora-
tions. The Cashier of the Department of Public Works has had
jurisdiction over the restoration of plumbers’ openings. The
21
Water Department and Bureau of Sewers have had actual, al-
though questionable jurisdiction over the restoration of openings
made by them and have had control of the issuance of orders to
the asphalt companies by which the work is to be done. These
orders have been more or less neglected by the asphalt companies,
as above set forth under another head. There have thus been
five distinct co-ordinate authorities responsible for the mainte-
nance of the street surface. In a single block there might be five
openings, each of which would be under a distinct jurisdiction.
Cases innumerable have arisen in which an asphalt company hav-
ing a contract for maintenance of a particular pavement would
repair one kind of hole and neglect two, three or four holes of a
different kind immediately adjacent, and months would elapse
before all of the holes would be repaired, a number of separate
visits by the repair gang being made necessary by the fact that
orders would issue from different bureaus and at different times,
and all of them thereafter be subject to possible delay, at the
caprice of the repairing company.
When formal notices to asphalt repair companies are required,
it has hitherto been necessary to secure the concurrent approval
of five or six separate officials, with the possibility of delay in the
office of each, so that often several weeks' delay ensues in cases
where speedy action is a prime object. This circumlocution has
now, however, been largely done away with. Such notices are
usually signed by the Borough President immediately and upon
the direct application of the responsible engineers.
The repair of practically all classes of holes depends (I) upon
prompt inspection and report; (2) upon the prompt issuance of
orders by the engineer in charge; and (3) upon the prompt en-
forcement of the orders by authority of the Borough President.
It is obviously absurd that the cashier, who is purely a financial
officer, should have any jurisdiction over the issuance of permits.
He has neither the organization nor the qualifications required
for the work. It is no less absurd that repairs should be contigent
upon orders from five co-ordinate branches. The control and
responsibility for the restoration of pavements of every kind and
class should be concentrated in charge of one specific engineer,
22
who should direct the inspecting staff as related to openings, issue
orders to asphalt companies for restorations of all kinds, and
have authority to enforce those orders. This would end that
scandalous condition which permits holes of one kind to be re-
paved while several other kinds of holes immediately adjoining
go without repairs for weeks.
LEGAL RESPONSIBILITY FOR RESTORATION OF
PAVEMENTS.
HIS rests absolutely upon the Borough President, under
Section 391 of the City Charter. No removal of pave-
ment may be made for any purpose whatever without the written
permission of the Borough President. This applies not only to
private persons and corporations but also to the Water Depart-
ment and Bureau of Sewers. In the case of private persons and
corporations, the Borough President is required by Section 740
of the Revised Ordinances to exact a deposit sufficient to secure
the proper replacement of the pavement and all expenses con-
nected therewith, also to establish rules and regulations govern-
ing such replacement. Under this section the City at all times
has in its hands a fund sufficient to pay for the replacement of
openings made by private persons and corporations, and in prac-
tice itself makes the contracts necessary for such replacement.
As to openings of this kind, therefore, the whole responsi-
bility of the restoration rests with the Borough President. If
it is not promptly effected it is due to defective procedure in his
Department, and not to lack of power or lack of funds.
In the case of openings made by the Water Department and
the Bureau of Sewers, there is room for serious difference of
opinion as to responsibility. These branches seem to have
authority themselves to restore the pavement in their own way,
subject, however, to the approval of the Borough President, who
may cause the work to be done over if not satisfactory. There is
no distinct provision of law whereby the Borough President can
enforce speedy and proper repairs by the Water Department, nor
is there any definite financial provision made for such cases. The
23
Water Department claims that its appropriation is not intended
for nor sufficient to pay the expense of restoring the pavements.
The appropriation made for the Borough President's Department
does not contemplate the restoration by him of pavements dis-
turbed for water or sewer purposes. It is highly desirable that
this point of fricton be abolished.
RECOMMENDATIONS.
N view of the foregoing statements of fact, of law, and of
analyses of resulting conditions, the following recommenda-
tions are made:
1. As To Inspection.
The City should be divided into districts and an inspector
assigned permanently to each. Each inspector should be re-
quired to make, upon cards, a report as often as once in two
weeks, of the condition of every block in his district, noting the
nature and details of every existing defect and certifying that
the defects reported are all that exist at the date of the report.
Such a system would enable the responsible engineers to at all
times maintain strict supervision over the conditions of all pave-
ments, by creating an effective record prepared by the inspector
in such form as instantly to convict him of any neglect of duty,
which would be revealed by an occasional comparison of his re-
ports with conditions observed by the engineers in passing
through the streets. The failure of an inspector to report defects
would be shown by his cards and would enable his dismissal from
office upon charges which could be proved by his own entries. A
few dismissals of this kind would insure efficient inspection there-
after.
2. Concentration of Responsibility Upon The Borough Presi-
dent.
The Water Department and the Bureau of Sewers should be
relieved of all power and responsibility as to the replacement of
pavements. Upon the completion of their sub-surface works, the
fact should be certified by them to the Bureau of Highways. That
Bureau alone should thereafter be charged with the duty of itself
24
restoring the pavements or causing them to be restored by asphalt
companies having contracts for such work.
3. Readjustment Of Appropriations..
The Board of Estimate and Apportionment should make no
appropriations for the restoration of pavements by the Water
Department or the Bureau of Sewers, but should combine all
funds for that purpose in a single appropriation to be given
specifically to the Bureau of Highways.
4. Maintenance Of Pavements,
Comprising repairs and the restoration of all openings of every
kind whatsoever, should be placed within the immediate juris-
diction of one engineer, who should be clothed with authority
over all inspectors concerned with that branch of work and also
authorized to enforce the provisions of contracts as to mainte-
nance and restoration.
5. City Asphalt Plant.
The ownership and operation by the City of an asphalt repair
plant seems necessary to secure the prompt repair of small or
isolated openings in the asphalt pavement, as in the absence of
such a plant the Borough President is unable to compel prompt
restoration of the pavements under existing conditions.
It is suggested that these recommendations and the reasons
therefor be presented to the Mayor, the Board of Estimate and
Apportionment, the Borough President, and the Commissioner
of Water Supply, Gas and Electricity, and that the Mayor and
Board of Estimate and Apportionment especially be requested to
readjust the present confusing conditions as to appropriations
and the relative jurisdiction of the Water Department and the
Borough President, which is largely responsible for many of the
defects described above.
In this connection it is proper to say that during the progress
of the investigation herewith reported the Borough President,
his chief officials, and the Commisioner of Water Supply, Gas and
Electricity, have evinced the most friendly spirit and have shown
an earnest desire to better the conditions complained of. It does
25
not appear that these conditions are due to shortcomings on the
part of these officials. On the contrary, Borough President
Ahearn has labored earnestly to overcome the difficulties with
which he has been surrounded and to remove just causes of com-
plaint So far as it has been in his power to do so.
Since this investigation was begun Mr. Ahearn has waived
all questions of conflicting jurisdiction and has issued peremp-
tory orders to his subordinates to cause the prompt repair of all
openings of every kind, including those made by the Water De-
partment and Bureau of Sewers, ordering that the expenses be
paid out of the appropriation of the Bureau of Highways, and
leaving the final adjustment of payment to the Corporation Coun-
sel and the Board of Estimate and Apportionment. This pro-
cedure, however, will speedily exhaust the appropriation at the
disposal of the Bureau of Highways and makes it all the more
necessary that the question should be adjusted by the Board of
Estimate and Apportionment. Mr. Ahearn has likewise moved
towards concentrating authority and responsibility in the direction
outlined above.
Commissioner Oakley has carefully explained the causes of
some of the conditions brought to his notice and shown that they
were unavoidable under the existing ambiguities of law. Mr.
Oakley, in correspondence with this office, has stated that in his
opinion the duty of replacing the pavements disturbed by the
Water Department should be placed upon the Bureau of High-
ways. e
Respectfully submitted,
FREDERICK B. DE BERARD,
Secretary.
26
APPENDIX B.
REPORT OF SECOND AND THIRD INSPEC-
TION OF STREET PAVEMENTS.
November 26, 1906.
John C. Eames, Esq., Chairman,
Chairman on City Conditions,
The Merchants’ Association of New York.
DEAR SIR:
I INDER date of May 29, 1905, a comprehensive report was
made to your Committee as to the condition of the pave-
Iments in the Borough of Manhattan, the specific defects existing,
their causes, and the methods in use by the public authorities for
maintaining the pavements in proper condition. That report set
forth in detail the legal regulations governing street pavements
and the methods prevailing in the Bureau of Highways. It was
shown that the pavements in the Borough of Manhattan were in
a state of extreme, general and persistent disrepair, and that the
condition was due :
I. To the defective methods of the Bureau of Highways.
2. To the conflicting jurisdiction of the Borough President
and the Department of Water Supply, Gas and Electricity.
3. To defective methods of the Department of Water Supply.
Gas and Electricity.
The report of May 29, 1905, was based upon a thorough
personal inspection of all the asphalt, and many of the stone
block pavements south of 125th Street. Since that date two
additional inspections have been made. An inspection party was
continuously at work from July 5th to July 20th of the present
year, during which period all the asphalt pavement in the Bor-
27
ough of Manhattan was inspected and so far as practicable all
defects requiring repair under the specifications of existing
maintenance contracts were recorded. The specific defects
demanding repair so observed and recorded in July numbered
3,006. They comprised:
I. Breaks due to traffic and subject to prompt repair under
existing maintenance contracts.
2. Service openings made by plumbers, public service corpo-
rations and others, who are required to deposit the cost of repairs
before the openings are made.
3. Trenches made by public service corporations under
similar requirement of deposit to secure replacement.
In addition, a great extent of street surface was in bad condi-
tion owing to the installation of the high-pressure water service.
This phase of the subject is considered separately in a following
section of this report. The condition existing in July may be
summarized as follows: -
Disrepair of the streets was general and widespread. Very
few streets were found without defects obviously due to neglect
of the repair companies to maintain the pavements as required by
the maintenance contracts. In many cases the disrepair was
extreme and the conditions such as could have resulted only from
Several months continuous neglect. A great number of service
cuts were noted, many of which likewise had apparently existed
for several months. The general condition was such as to show
conclusively that, although repairs were in progress in many
places, repairs as a rule were not made promptly or systematically;
that in many cases they were neglected until the pavement was in
a ruinous condition; that the maintenance contracts were en-
forced only spasmodically and very imperfectly; and that the
enforcement of the ordinances as to the repair of Service cuts was
very slack and inefficient.
The third inspection was made during the early part of the
present month. It showed a material improvement in the general
conditions observed in July. The fact that inspections and a gen-
eral investigation of the maintenance of the streets were in pro-
28
gress by this Association became known to the Bureau of
Highways in the month of September, and unprecedented activity
was thereafter displayed in the repair of streets. This activity
may have been induced by the attitude of this Association, but
despite this unusual activity and the material improvement in
conditions, the energy shown is spasmodic and unsystematic, as
evinced by the persistence of many serious defects noted in July.
SERVICE OPENINGS.
T that date a great number of service cuts existed whose
condition showed that they had been neglected for a long
time. Although many of these have since been repaired, enough
of them still remain unrepaired to demonstrate the lack of thor-
ough supervision. A striking example of this is shown by
photograph No. 51, East 126th Street between Second and Third
Avenues. In this block there are fifteen cuts at intervals of about
ten feet, seemingly made for service pipes of some kind. After
the excavations had been refilled paving stones were loosely and
unevenly replaced in the openings, and the cuts have remained in
this condition of so-called temporary repair. The cuts were ob-
served and recorded by this Association in July. Inquiry as to
the length of time during which these cuts have continued was
made of adjoining residents, three of whom stated that the open-
ings were made in the Summer of 1905. Since July other defects
in adjacent blocks have been repaired, but nothing has been done
to improve the condition of this specific block.
Other examples of persistent neglect of service openings are
as follows:
Photograph No. 4 shows three cuts on West 34th Street,
opposite Nos. 30, 32 and 34. These cuts are of large size, ragged
and broken, and form a dangerous obstacle to travel upon one of
the most important and crowded thoroughfares in the shopping
district. These cuts were noted in July, at which time they were
in substantially the present condition. A number of other cuts
were at the same time noted in that block, the latter having since
been repaired.
29
Photograph No. 32 shows the west side of Central Park West
between 64th and 65th Streets. The surface of the street is prac-
tically entirely gone over an area of about 150 feet long by 8 to 12
feet wide. A large new apartment building abuts upon this part of
the street. Active building operations were, however, completed
many months since. No valid reason exists why the openings
due to these building operations should not long since have been
properly restored. Extensive openings were made throughout
the entire length of Eighth Avenue in the Summer. The street
has been for the most part restored, with the exception of this
instance. Competent supervision would have caused the restora-
tion of the pavement at this point as well as at the other points
upon the street.
Photograph No. 34 shows a service opening opposite 348 or
349 Central Park West. It existed in practically the same dan-
gerous condition in July last. It likewise has been neglected,
although other portions of the street immediately adjacent have
been repaired.
Photograph No. 43 shows a service opening opposite 629 East
Ninth Street. The opening is about 6x8 feet. It has been tempo-
rarily patched with loose paving stones and has been in a danger-
ous condition for months. It was observed and recorded in July
last. Many similar instances of neglect of service cuts were
observed and noted during the last inspection.
DEFECTS DUE TO TRAFFIC.
HE failure of the Bureau of Highways to properly enforce
existing maintenance contracts, or otherwise provide for
the repair of pavements in bad condition as the result of traffic,
is shown by the following instances:
Photographs Nos. 6, 7, 8 and 9 show traffic holes in Times
Square, on Broadway from 44th Street to 46th Street. On the
west side, between 44th and 45th Streets, opposite the Hotel
Astor, are ten large holes where the asphalt pavement has en-
tirely disappeared. The dangerous nature of some of these holes
and the grave obstruction which they cause to traffic are shown
30
by the photographs, particularly No. 6. In the block on the west
side of Times Square, between 45th and 46th Streets, there are
fifteen holes in the pavement. On the east side between 44th
and 45th Streets, opposite the New York Theater, there are six
holes, the largest about 8 x 4 feet. The latter holes are shown by
photograph No. 8. A similar condition of general disrepair
existed in July, and, seemingly, no repairs have since been made.
At any rate, the pavement is in dangerous and disgraceful
condition.
Hitherto the Bureau of Highways has claimed that it was not
responsible for the condition of the pavement at this point, it
having been alleged that the defects were due to the operations
of the Rapid Transit Commission. The advancement of this
claim by the Bureau of Highways emphasizes the contention of
this Association that concentration of responsibility is desirable
in order to avoid neglect.
y
A glaring instance of neglect is supplied by IIIth Street
between Fifth and Lenox Avenues. Parts of this street were in
dangerous and almost impassable condition in May, 1905, at
which time the defects were brought to the attention of the
Bureau of Highways by The Merchants’ Association of New
York. Parts of the street have since been repaired. That sec-
tion between Fifth and Lenox Avenues has been apparently
entirely neglected. In July last a large proportion of the area was
in a ruinous condition. The inspection made during the current
month showed 47 holes in the block, several of them extending
almost entirely across the street, and most of them large and
dangerous. At the corner of Fifth Avenue is a hole about 25 x 15
feet in area, and several others are nearly as large. The con-
dition is shown by photographs Nos. 17 and 18. The large
break in the foreground of photograph No. 17 has recently been
“temporarily repaired,” producing the condition shown by the
photograph. The repairs seemingly consisted of dumping sev-
eral loads of loose earth into the opening and loosely placing
thereon the asphalt paving blocks. Elsewhere in the block not
even this semblance of repairs has been made. The general
condition of the holes is shown by photograph No. 18. In this
31
instance the paving blocks have entirely disappeared. The deep
hole has no bottom but soil. It was stated by the police officer on
that post that daily reports of the dangerous condition of this
street had been made by the Police Department every day for
about two years.
Photograph No. 3 shows the condition of West 23d Street
between Ninth and Tenth Avenues. Thirty-one holes in the
pavement exist in this block. A similar condition was noted in
July, and, seemingly, no repairs have been made in the interim.
Photographs Nos. 35, 36 and 37 show the condition which
existed on Manhattan Avenue between IOOth and IO2d Streets
on November 13th. A similar condition existed in July. On the
latest date repairs had been begun at two points upon the Street.
The generally ruinous condition of the street shows conclusively
that it had persistently been neglected for a very long period.
At the intersection of Manhattan Avenue and IoIst Street
fifteen holes were noted. From IoIst to Io2d Street there were
95 holes, beside many minor depressions.
Photograph No. 38 shows West Io&th Street between Amster-
dam Avenue and Broadway. The hole shown by the photograph
is from 9 to 12 inches deep. There are 43 holes in this block and
a great number of minor inequalities. A similar condition
existed in July last.
Photograph No. 41 shows a break in the asphalt pavement
opposite 565 West 183d Street. Opposite 569 is another hole,
8 x Io feet, which has been temporarily repaired by filling with
gravel. Both holes existed in July.
Photograph No. 16 shows East 27th Street between First and
Second Avenues. Near Second Avenue the street is in a very
dilapidated condition. The principal hole shown by the photo-
graph is 38 feet long by 20 feet wide. The owner of the adjacent
flat said that the street had been in the present condition for about
a year. He had made several complaints without result. In
September last a repair gang came and prepared to start work,
but, before beginning, an Inspector appeared and the men were
called off.
32
Photographs Nos. 21 and 22 show East Iorst Street between
First and Second Avenues. In this block there are 44 holes, most
of them very large, in one case about 20 x 15 feet. The same gen-
eral condition existed in July. Other examples of traffic holes
which existed in July are shown by photographs Nos. 26, 49, 50,
52 and 53.
DISPUTES AS TO RESPONSIBILITY.
LLUSION has been made to conflicts of jurisdiction as a
reason for neglect of pavements. A notable example is
afforded in the case of Convent Avenue. Photograph No. 39
shows an area of about 150 feet long, extending practically the
entire width of the street between 128th and 129 Streets, from
which the pavement has entirely disappeared. In February last
a large water main in this street burst and completely destroyed
the pavement. The break was presumably due to blasting opera-
tions upon adjoining property. The Water Department repaired
the mains and refilled the excavation to the level of the street. It
did not replace the pavement, on the ground that such replacement
was the duty of the Bureau of Highways. The Bureau of High-
ways contended that the damage was incidental to the operations
of the Water Department, and refused to replace the pavement.
The street is practically impassable in wet weather because of
this defective condition, due to dispute as to responsibility be-
tween two co-ordinate branches of the City Government. There
are, however, many other defects upon Convent Avenue, con-
cerning which there can be no dispute as to responsibility, and
which have been persistently neglected until the street is full of
very deep and dangerous holes. An example of the general con-
dition of Convent Avenue is shown by photograph No. 40. In
practically every block for a considerable distance a similar
condition to that shown may be found. All these defects were
noted in July. Many of them must have existed for a long time
prior thereto.
DEFECTS ADJACENT TO BUILDING OPERATIONS.
N the case of building operations, the Bureau of Highways
seemingly abandons any effort to properly maintain the Sur-
face of the adjacent street. Photograph No. 5 illustrates this
33
position. It shows West 39th Street between Seventh and Eighth
Avenues. Upon the north side the street is obstructed by building
materials, as shown. Upon the south side the pavement for a
distance of about 150 feet is in a ruinous condition, and, seem-
ingly, no repairs have been made, presumably because of the
building operations upon the opposite side. In this block there
are sixteen holes and cuts. In very many instances similar neglect
of streets adjacent to building operations was observed. Another
instance of this class is shown by photograph No. 10, showing
47th Street west from Fifth Avenue. This block was in fair
condition in July. Twenty-eight traffic holes now exist. Inci-
dentally, this photograph illustrates the needless obstruction of
streets by building materials. In this case practically all the
materials stored in the street could readily be stored in the lower
story of the building in course of construction, as required in
the construction of large buildings in the office building district.
TEMPORARY REPAIRS.
HE ordinances and regulations provide that in the case of
openings made in the pavements the earth shall be replaced
in loose layers not exceeding four inches in thickness; that each
layer shall be thoroughly and compactly rammed before another
is put in; that when the surface is restored loose paving stones
may be temporarily placed, to remain for six days to permit
proper settlement. The intent of the regulations is that the sur-
face of the temporary repairs shall be substantially upon a plane
with the surface of the remainder of the pavement, in order that
traffic may not be unduly interfered with. In the case of contracts
by the Water Department, the specifications as to refilling
provide:
The earth shall be replaced in layers not over six inches
thick, each layer carefully and thoroughly rammed so as to render
the whole filling solid and compact. To insure thorough compacting
of the material in each trench the number of men used for tamping
shall at least equal the number of men shoveling, and in addition
sufficient men must be kept in the trench to spread the material
thrown in by the shovelers. .
The regulations also provide that the refilling must be done
in the presence of a City Inspector.
34
In the case of plumber's openings, these specifications as to
refilling are, as a rule, wholly ignored.
In the case of the contract for laying water pipes now in
progress south of 23d Street, the process of refilling was ob-
served and noted. At the corner of Sixth Avenue and West
Fourth Street five men were engaged in shoveling earth into an
open trench, but only one man was in the trench, ostensibly tamp-
ing. The loose material was thrown into the trench to a depth of
loetween two and three feet without being spread at all. The man
engaged in tamping made only a pretense; in effect the earth
was thrown in without any proper attempt at compacting, with
the manifest result that extreme settlement must ensue at a later
date, making it impossible to preserve the surface level with the
remainder of the pavement. Upon bringing this instance to the
notice of the contractor he declared it was exceptional; that as a
rule the back-filling was puddled, and every effort was made to
secure settlement during the process of filling, and to restore the
surface uniformly.
In practice, contractors rely upon time, instead of proper re-
filling, to effect the necessary settlement and compacting of the
earth. The earth is heaped up above the surface of the pavement
and the paving stones are piled upon the loose earth, forming a
ridge from six to twelve inches above the general surface of the
pavement. As settlement from natural causes proceeds, the
ridge breaks down, and in many cases a deep trench is formed,
both conditions forming dangerous obstacles to traffic. The
essential point is that the Bureau of Highways does not effect-
ively enforce the regulations intended to secure proper compacting
of the earth during refilling and reasonable uniformity of surface
pending final repairs; and permits the openings to remain with
so-called temporary repairs during periods of several months,
while awaiting settlement of the earth sufficient to permit of
final repaving.
Attention is called to photograph No. 12 as a typical example
of the result. Throughout a considerable portion of the East
Side, south of Houston Street, trenches were made for pipes or
mains of some kind during the month of July. The pavement was
35
then temporarily replaced. The general condition of that section
is shown by photograph No. 11, corner of Forsythe and Bayard
Streets, No. 12, corner of Hester and Allen Streets, No. 13,
corner Rivington and Sheriff Streets, No. 14, corner Rivington
and Pitt Streets. These so-called temporary repairs have there-
fore existed for a period of at least four months, some of the
streets being almost impassable because of their continuance.
The condition which has resulted from laying the high-
pressure water service pipes is shown by photograph No. 1, the
east side of Sixth Avenue, Eighth to Ninth Street, where there is a
ridge of about 200 feet by 1% feet, whose protrusion is about
six inches, with perpendicular sides; No. 2, corner of West 20th
Street and Seventh Avenue; No. 28, corner Waverly and Univer-
sity Places, where around the manhole in University Place the pro-
trusion is about one foot; No. 29, corner West 13th Street and
University Place; No. 30, West 19th Street, east from Sixth
Avenue, where temporary repairs were made prior to July; No.
44, West Ioth Street, west from Sixth Avenue; No. 45, West
Ioth Street, east of Greenwich Avenue. These are typical ex-
amples. The conditions shown exist on most of the cross streets
from Twenty-third Street to Bleecker Street and from Broadway
to Seventh and Eighth Avenues.
In the case of the high-pressure water service, very consider-
able and protracted disturbance of the streets is inevitable, as
the engineering difficulties are great and preclude more rapid
progress in construction than has been made. It is, however,
entirely practicable to temporarily restore the surface of the
streets to greater uniformity. An energetic enforcement of the
discretion lodged by the contract in the Water Department would
cause the contractors to bring the temporary pavement to the
general level of the street surface and maintain it at that level
until final repaving. This, of course, would involve considerable
expense, but that is no just reason why the streets over several
square miles of area should practically be kept obstructed and to
a large degree in dangerous condition. On representations made
by this Association, the contractors have agreed to lift the uneven
paving stones, to level the earth beneath and fill the depressions,
36
and temporarily replace the paving Stones approximately uniform
with the rest of the surface of the street. They should have been
required to do this months ago.
As to the trenches instanced on the East Side, no reason except
neglect can be shown for the condition. The trenches made in
July could and should have been permanently closed within two
weeks after the complettion of the pipe laying.
POLICE REPORTS.
N a recent report made by the Chief Engineer of Highways to
the Commissioner of Public Works the statement is made
that the number of inspectors at the command of the Bureau of
Highways is insufficient to properly perform the necessary duties,
the implication being that the Bureau is left uninformed of the
defective condition of the streets through lack of inspectors. The
regulations of the Police Department require every patrolman to
report daily every defect in the street dangerous to life and limb.
A suitable blank form is used for these reports. Such reports are
in fact made daily, forwarded to Police Headquarters and then
forwarded to the Bureau of Highways, by which means the
Bureau of Highways is daily informed of the existence of every
dangerous hole in the City. As instanced above in the case of
IIIth Street, daily reports of the dangerous condition of the
street were made for a period of about two years. Application
was made by this Association to the Commissioner of Police for
a summary of the reports made in a large number of typical
cases. The Commissioner declined to supply the information, as
set forth by the following letter:
November 20, 1906.
MR. FREDERICK B. DE BERARD,
346 Broadway, City.
DEAR SIR: Your letter of Nov. 17th to Inspector Cortright,
relative to defective places in the street pavements, has been
brought to my attention.
Section 1545 of the Charter distinctly excepts the Police De-
partment from publicity of records. It is not deemed wise to
furnish your Association with the records of the Police Department
37
asked for, however worthy the purpose of the request may be.
These records are, of course, available at the call of the courts.
Very truly yours,
THEO. A. BINGHAM,
Police Commissioner.
SUITS AGAINST THE CITY.
Y reason of the failure of the Bureau of Highways to main-
tain the street pavements in suitable condition the City is
constantly subjected to the payment of heavy damages. There
are now pending 364 actions against the City on claims for dam-
ages alleged to have been suffered through defects in streets and
sidewalks, exclusive of obstructions, excavations, ice and snow,
manholes and coal holes. Judgments have been entered against
the City as follows:
I902, 32 CaSeS . . . . . . . . . . . . . . $48,076.45
1903, 19 “ . . . . . . . . . . . . . . 23,887.76
1904, 24 “ . . . . . . . . . . . . . . 25,331.28
I905, 36 “ . . . . . . . . . . . . . . 34,464.62
Total . . . . . . . . . . . . . . . . . $131,760. II
In addition to the instances cited above, and shown by the 53
photographs herewith, a great number of other defects have been
noted and recorded, the record of November showing that a
large proportion of the defects which existed in July still exist,
in addition to which a great number of new defects have been
recorded. The general result of the several inspections shows
conclusively that however active the Bureau of Highways may
be in causing repairs when special pressure is brought, the efforts
of that Bureau are not consistent and persistent, that large num-
bers of defects persist for months, that in some cases defects are
neglected for years, and that the system of the Bureau is
inadequate to secure proper maintenance of street pavements.
Respectfully submitted,
FREDERICK B. DE BERARD,
Secretary.
38
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