The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-08
adion, rd 10 Wednesday.
BnARn nr cOuNCH.MEN ;.

fhs Board adioui ~ 10 Wednesday.
BOARD OF COUNCH.MEN.
This Board met Ia, night in their chamber, in the
City Hall the Precedent II the Board n d. Conoyer,
occupying the char Vie minutes Of The last eting
~ad and appro.oi
The only petition prcaentel in regard - i'm
nrovcmcnts in street
OF the resolution offered appointing com
mites TO inquire no uoran reference to James Iorey
Street COMMISSIONS char ring him with having accepted
$500 from Philip Forey contractor. for work in Fifty
ninth street. to ineuire to The matter OF tagging south
aide OF Fifth street act entered into between Peter
Connolly and The SIRE mmissioner. This resolution
adopted.
resolution mott Tered directing the Cooperation
nsei TO discontiruc ~ uceings in the Of the
Msyor, &c, VS.. Wn r tauain police clerk. 1hs reso
luton also adoltet,
The report of the spteal committee insa.igation
into the affairs of The H Intitu'ion presented by Dr
J. W. Panney was thcs taken up, amt called ua long
debate. The report furlly adopted.
The following usssasc was then read from the
MAYohs JnT, INV YORK. Aug. :, 1855.
aogas aosoRAnB1ir lrAsD o. CouNoiIsf'; -
GrArFNEN-I reiigA without approval the resolution
directing the Street l,nm sioner to award 10 Hustled
kscebi the contraci fof iioying Diamond Reel;
i sa wi vs. 81 sasRs e he he street cs%n'
snd 10 report 10 them tie bids the object being Is
supposed to ascer,p about what the work woad cost
'e1.s s sesding np'' = eSesu,is s ..,;.,,. 10 a.
ye.f.se. but by s.tsne. mis- AXE worded hs sf.a "a
ss IN snsh = s "a, s in sa he ro ~
nc cric yard or IL ihe soss fer the whole quantity 70
b. removed.
loves. terms, )" wlcp deciarng whether i was meant
Tho lowest ei fcr he ntte rock the lowest terms
,,uea this saverti differently; bidding by
the yard, and othe, ly he gross Thirteen bids were
scccs,ed-sen oGerip. ~ he cubic yard and three for
the whole; Hustled / K-cehl being OF the fo,ner. The
street Commission marked all the yard bdars az in
I"mai and irIegua dgring the lowest sum IN gross
tae west bdde NJ cane9uerty entitled 70 th-
contract. This, if confirmed by tho Common Council
rc-d have given til net T. Cornelius smiih whose
bid Va. SO COO as - u,n or which nc "''ia remove
the cock.
MIA unnecessary i Inquire whether ihe Street Com
n.' ac was righ9 u icing any bus = ,na rn
c sppesv to have ustn tom him all such discretion
He directed to rot he bids and undes that diec
iioa he deprtvcc nf a. control supervision over
them. Iie therefor, diy reported every bid to the
tommon Council vao ok them into consideration
nation OF the whole mater, md adopted the resoiu-
ion DOW before me 70 approva a,rrs,,ne We sre.
wh, had bid by the yari but who subsequently altered
thci- bid 10 make il ~ gts,s sum.
10 who a-e the loves bdders. The error in the form
The advertisement, n4d The consequent ignorance Of
the bidders as 10 wha meant BY the lowest term By
III. ieps ment sut cen grounds upon winch 90 80
see any award maGc ei by the street Commssion.r
The Common Council There should be no ambiguity
lba ersemenis iecei,e proposals FOR doing Tor
po,iioa work f,here were the charter which requires
III be done by nract TO be given 10 the osct
Ioter vita adequate security could be easily disregard.
"a and rendered inouma 1--WE An ingnniol,y wprdcd
advertisement would exclude any bid The object OF
pobc adver,iselnent- is invite competition bu, here
be competition II impediments are throsn "a The
WY I'll 'i:s Tin initiate and honest bidders.
Aoy frcad Of head o DEPART ,ent who i srlnaiu
81 Stn i5s intention oI those who ia decii" upon
br regularity or irregoariy OF The s,i'mairS won'd
have great advantage and could in al cases obtain the
smSss or uncer,ainy in % important mat mater "a
'hi. i o. isef sufreent to NaIran, read ~stsmea
nd rsoa!d prevent my approval OF any award . any
IN the present instance the creates, nneer ants csiss
- in iae minds Of bidder and, in my opinion cycgy
hd po IN rcgular-none could he etcutei--tnd the
pid for the gross and the lowest bid Tor the cubic
Ysrj sc.e each t6c lowest bidder AN anonalv never
bs1p existing TO my knowledge.
sr, .,ese other objections. The Comrc- Ceuneu
~ inis proceeding Is virtually doing cxecuLisc basi.
nrs.." 4 l. ewnrdng and making contrac-s. - her
I'd. a lfcm the head VI executive dep.r .nrn' lie
rower cf deciding who is the lowest bidder eeurl
tc, md he ordinance of 1sie expressly place, H. il
TO ssy that the Street Comuii oDcr j - The
power make the award AND 70 execute thr contract!
sad ie uodc The mere machine of the Common tounc,
undr whose exclusive direction no Is forced 10 sc IL
the legislative department OF the city government can
ac5ae ac parties by whom work shall be done ara NJ
me der,s IN q head Of department II can name le
pss'ies by whom supplies shai be furnished and y q
nrne slight encrt acl meat x the price and order
Inc money paid, all under the plea that II snpy mak
"g "a appropriation and cont, aiming a contract
men o. 'bis city, Ike all American governments, ~ d.
yided into the legislative he xecutse and uiicia
me rst can merely MAKE laws the second executes and
and The last expounds tbem. With the Comn,n Council
cf Rev York all power beyond legislation l. cut on cap.
by the smended charter u i left less OF ,e,ecit.yc
pret8nve than any other legislative body ia lie conn.
try The restriction Is extremely stringent.
The legislature appears 70 have been jeaou, ., IT, -
ercise OF this authority by these bodies seeing H.. ,,
ger in the executive than in the legislative h,pnrbe 81
city government. Whether there be less d,nrcs a.
not, cannot be considered the only question how
TAR Ia competent for the Common Council 70 20 i, the
transaction OF other than ST ictiy law making bushes.
Ny own views are clear this point--the limit de.
cded and 40 long the power is paced in my hanls
tfenagrcssion
mere are other points of objection appeftainnx
pnrouinry TO details 10 which il viii be unnecessary
snuae. ! 90 Dot see how 10 surIneunt those nj
resay enumefaied. If, however, you do not with
me, PEI mit ne 70 suggest that before making any con-
raet of TINS work, careful surveys made by compe
team and honest engineer and the money ~ nay Tor
be placed In the tax BILL and authority br ,,rocnred
from the Legislature 10 raise Il this purrr~n yee
respectfully FERNANDO Woop N,vnr
lbe Beard then adjourned ill this evening
upLsr,Nc OF TUE CoMNTTTrp ~ c,..