The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-27

DDS. OF New OreduS, ~ prices ranging rom 4Jc.
Acc. Freights 10 Liverpool were firm, with engage
ments Of about 10000 q $4,000 bushels grain in
bulk at I'd, and from 200 500 bales Of cotton
at 9-32d. for compressed and at sled. for uncom
pressed. To Havre cotton was engaged at &c.
How are eur Streets % be Cleaned, ana WAC
Has the Power % Clean thems
A legal controversy is now going on in the
Supreme Court which will settle the question
as to how far the power Of the Mayor extends
in causing our streets to be cleaned, should the
Commissioner Of Streets and Lamps neglect to
perform that duty; and as all matters invOlv-
ing the expenditure of large sums Of money,
to say nothing of their pertinency to the
health of the city, are subjects of vital i'm
portance, We have taken some trouble to ascer-
tain the facts connected with the pending lisi-
cation. That the streets of our city can and
should be properly cleaned all will admit, and
it matters little to the citizen how or BY whom
the work is performed, so long as it is executed
in an economical and faithful manner. and our
thoroughfsres kept in q passable condition
At present all work on the streets must cease
until the Court makes its decision, which we
trust will be speedily given. The facts of the
case are briefly as follows. The charter Of
1853 says
An work to be done and all supplies TO he furnished
two Suparsd ara r o "a sna b sy
founded sealed bids proposals made IN compliance
.i'b public notice for the ful period OF days; and
all such when given shall be given the lowest
BIDDER with adequate security AL suoh bids shall b.
opened heads Of adve using them
in the presence the Comptroller and Of the par
ties M them desire 10 be present.
As early as the 18th OF July last, Smith,
Seckel 4 Co. we're awarded the contract
for cleaning the streets OF the city, having
been the lowest bidders, and given the
requisite security. They had agreed to
thoroughly sweep ard clean them at an
expense OF less than Sl5o,o00 per annun.
The award of the contract TO these gentlemen
was given grudgingiy on the part of tue Com
missioner, Mr.. EDling if we are to Judge from
his subsequent action in endeav oring to stop
their confirmation by the Common Council, and
which confirmation was in no wise deemed es-
sential to their validity. As a pretence, how
ever, to annui the contract, it occurred TO the
acute mind of Mr.. Epliug to get up the plea
that this confirmatory action was necessary,
and thus Smith, Seckel 4 Co. were thrown out
OF the work. although the provisions of the char
ter bad been strictly complied with, and ade-
quate security, approved by the Comotroiler,
had been given. The street cleaning has ever
since been prosecuted lin name only. not in
fact,) hy the Commissioner, who has, in defiance
Of all law, abandoned the charter and gone on
his own hook, at an expense of over 100000
per year He has presented acquisitions for
the payment OF work performed on Broadway
alone, during the past month, Of over $4,000,
when it is well known that considerable por-
ton of that street was cleaned by private indi-
viduals who had become disheartened by vexa-
tious delays and were determined to have the
front of their premises in passable condition.
We ali admit the citizens Of New ork are lib
eral, and even extravsg CANT, aud bear their bur-
dens like men; but when they pay $500, 900 for
one item of city expenditure alone, they ought
TO have something for it.
Within two months, Broadway from the Bat
terry to Union square, locked as if the Alps had
been transferred to it by some sudden convul-
sion of nature. The Mayor, believing he had
the power under the Charter of 1880, and the
Ordinance OF the Common Council Of April 8,
1914, relative to street contracts to abase
so serious nuisance, notified Mr.. Eoling,
that if he did not within certain time
cause Broadway to be relieved from
its mountainous encumbrauces, he would
assume the responsibility, and do it b u
self. Dir. Eoling not responding to this .
peal, the Mayor advertised for proposals iyr
cleaning Broadway. Many bids were made,
and in due course Of time the contract VI.
awarded by the Mayor and Comptroller to Mr.
Baird, the lowest bidder with adequate securi.
ty. who agreed to perform the work for $685.
As soon as the Mayor had advertised for pro-
posals, Mr.. Ebiing became very suddealy i'm
pressed with its importance, and, ike OLD Rip
Van Wrinkle, arose from his prosrscted sleep,
and made a faint attempt to clean Broadway
Mr.. Baird also went on performing his con-
tract and thus those memorable monuments of
Nr. Ebling's industry were made to disappes~.
ana we trust have been sent to that bourua
from whence no traveller returns'
Upon this the attorney OF Mr. Ebling Sues
out an injunction restraining the Mayor and
Comptroller from signing any warrants on az
count Of Mr. Baird's contract, who is thus pre-
vented from receiving his money tor the work
performed.
a suit has since been commenced by oae Of
our taxpayers, praying that Mr.. Ebling be en-
Joined from receiving, and the Mayor and
Comptroller from paying, any money on ac-
count of street cleaning. The prayer of the
petitioner has been granted. Both of these
suits are to be argued this week.
The grounds on which the latter is based are
that the 18Th section Of the charter has been vi.
olated-the work done costing more than $3.50.
We await the issue with much anxiety. Let us
have clean ST. Gets, and we care not hog the
matter is decided.
ANOTHER PATRIOT REwARDED.-We notice