New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-04-20

.usht TO be cleared NJ, and the con'rsipn 10.
90 ch for carving the dead horses and cowsts tue
Rat tbe paw IL q round sum per month an1 the ,nse
Of TIE article. removed toe re.oa'an soatr.t 70
or,efrond TO the one Coles for one year would only
,Sd AZ The rate of twery shmgs piece for the 'n,ress
~ COWS and horses which increase instea 81 onens
he co, tractor would add largely 10 his Pfo1's .
Tie teuns and conditions Of The contra t wth 'oe'
xtich Il il upder,ood wns assigned 10 ReJno1s ana
Which ty the resolution referred to- puroed T. TORN thc
Eas OF the presen contract and the reasons why the
fy.d sums on most Of the items were Increased
from $4,000 in s5 10 es5coo for the suoeilent
months can probably he explained and perhaps sa,stt
tory 10 the Common Council by De- White late City Ia
,pector While Aldermen OAKLEY and sturtevsn' the
majority of the COMMITTEE OF Pablo Health exsmI.'a
rous witnesses end made elaborate report in 1888
tLey did not examine DR. White these points, but gave
an az davt made by him in .here certain indivda
al were prosecuted for breach Of the oriin which
secured ell the 4, al animals 20 the contractor
Il is important obtain cooy Of the Coles CONTRACT
in order TO compare the items With the ReYnnis conrot
There is an item e soap boilers nnisances which has
prominent place in tie present contract a1d 1t drsa
bic TO know whether this item in the Coles contract
referred TO- and what the service Of removing these NUS
ancos cunts to, before p,ymen' re.ovea o" ,,o,
Isar dead animals and ofs daily from per ou ~
tie CITY IN s52 the foot Of Foreth Sink expr"s-ypr
th;s pTrpoe There :, be proprety in paying
ihip sum since tie service has MT been perfcrmei Oae
Of the Witnesses whose affidavit is appended to the re
Ioft OF the Committee on Public HEATH DOC No 80, pi
le2 states that The contractor has Oce a. te 100 OF
Fortetb 81 for receiving the tood and oia The blood
from Il have both day aud nglt dumped fhre
from into the river along eide OF the dock last
sumIner the boat he's remained permanently there snd no
tlnp has been carried away in sad boat or IN any other
bosf receiving the contents Of tbs Don 20 tue best ct ny
knowledge and belief and for the last i've or SIX monh
che said boat has not beenusedor receiving s1y'hn-
1h is either true not true, andfhe legl'aVe oeprI
ue1t has tie power of calling witnesses and esaohng
fht yadit, or iDvaldity OF the statement III the state
ment il true why should the contra tor as pco7 led 10
the resolution now before the Com ron Council ne pali
nearly 600 per am um with interest," thereon i2 a"'H
which he engaged 10 perform bu which mas not ofen pF
form ed according to the agreement Mr. REYNOLDS ez
cu,e for ron performance in carrying away the deal ant
mails daily from the foot Of Foreih st on the Norm t'ver
t. that dficulios ountered and mat promi"eu
ipdiyidue the North River side advised him to carry
The dead animals the town TO Thirty fourth t and
that il mede difference to the tty whether be removed
The animals and ofa exclusively from po1t 0rtwo
Jtissunicen to that when per-oo engages 70 per
form srecif,d serv-e, in particular ay and ia to
have large compensst ion for H. he - bound 10 p-rofm
according the tero of the contract before ne c on
the Gry FIR pa rnent II is not sufficient for him -
say that it makes difference to The Chy "hetner ne pr
forms according the true intent and meaning 81 the
cortrsc,, OF in mode more convenient to himself
But In the case under consider ton Is axe vast
difference to the City, whether he dead animals AMI oii
are temoyed daily from both sides OF the town AMI from
The East and North Rivers whether the necessary time
is taken TO all tie dead animals ami 0ai Al
This is a question which IL il imately connece Ell with
the Lealh and comfort of the inhabitants generally In
every secon of he City the inhabitants WI ren'n,rfs
epaf,f the selection OF pier in their vicinity dump
inc see for shy Of these nuiseuce. hut me especially
for all the nuisauces Of the City Every reasonable per
son however readily be convinced that it is be for
all thai Il csc nusaDces should br removed from the City
in The sptedics practicable aud by dividing the
Civ ~ done by the contract into two sections, one on
the East and the other on the Norm hVer ana 0y re-
mo, ing the nmals they were dead, promptly
and daily from each eide Mr.. R-ynolls stipulated,
puolncton would not take pace before The carca7ses
we're removed from the City and the ground 81 compliant
would be in great removed Tn're l. no doubt
,hs the hui 1t the fo't of Thirty fourth St which
occasiored the outbreak ani destruction OF the contract
l,.to IN and VIII
$4,000 was greatly aggravated not producef by carry
ing The dead from the foot Of Fifteenth 81 and the
dead horses from the west eide entirely across the town TO
the East River. In the time occupied, necessarily in
making the collection the caroasses became putd, aud
when dumped from the carts TO the bat the wloe at
mosphere wes impregrattd with tn eiinvia when sex
ened tic Inmates Of the teDomens in the vicinity of the
dunn ing place The neglect of hr Reynolds, therefore,
in mitrg 10 carry az Az the dead animals the
side 6, the town daily, from the foot of Forty sixth st. Is
yerv serious breach Of his contract which mas probably
eost The City already e3oOO and he can have no Just
claim to draw from the treasury sl' per day Tor 'i'S
oHs ers is an item the present contract of $500
p moving butchers blood, ofd &c. Was this item in
/ the Coles contract of ls5l, which was assigned 20
REYNOLDS end made the basis Of the present contract
The City Inspector has been called for copy Of this
contract but he says, 10 note of this date, april II
ha,e never seen the contract in qaG,ti'R have
therefore alone account for the original and Nj Rey
nolds for the counterpart audit not to be supposed that
either Of them wond refuse to produce the document if
called on by either branch VI the Common Council
There item Of $500 per month equal to g. 200 per
anrum for L" removing garbage from h tells ant public
buildings The Stree, Inspector expend annually
slcOoOo in removing garbage and ashes from the dwell
ipgs and fom the City and is important TO ascertain
ls whether this item in the Coles contract and 2i
TO ascertain from those having charge Of hotels and pablo
buildings TO what extent the contractor has performed this
service.
The opinion of Mr. Blunt the District Attorney which
was communicated by him to the Controller 10 conse
Quence of information which 20 his knO Wedge in the
dscf arce of his official duties is appended and marked
Il. The authorities referred to by the District Attorney
clearly show that the of the Common Coun il of 1851
under the control Of their successors in 1884 Oar
Common Council cannot by private contract bind The
capacities Of its This says Judge N is
proposition too clear for and he adds that
otherwise every public duty, beng the subject OF
tact might be placed bel ond the control of the City
authorities for any given length Of time unil nothing
would he left for the exercise Of legislative discretion
According TO the decisions of the highest OF the
State the Common Council not restrained by the egs
stye acts Of its predecessors ard direct letting Of
the act for the removal of oa and dead animals
giving ~ MIR Reynolds protection for all his OUTLAWS sad
PREF aratons for csrryr the business given
changing ferry leases II the parties who al the erpira
on of the Cole contract offered to perform the service
for 81 600 and for nothing and those who contend
that The monopoly secured TO Sir. Reynolds is worth
$4,000 beyond all expenses of doing the work do MT
then forward with adequate security then their
mouths will be sealed and Mr. Re, nold will be secure in
the quiet 10Y ent of HE contract.
If however tits resolved TO wsive the qestion the
legality of the until il is decided by the Courts
the contractor ought 10 fulfill every part Of the conrac; to
enti,le him 10 pay.
In a communication from this department dated Feb l.
1884 Doc. To- il stated that preliminary
hsd been taken for appeal from the decision of judges
Morris and Edmonds. The mandamus covered the ella N
OF the contractor for two months amounting 10 something
over 81 goo question whether appeal from
the decision in the manda nus case stay of the
cution This question has been argued before the Supreme
Court bet the decision has not yet b. on made Ii i,
Ne 10 ha sta