The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-05

all the jocger Harry Howsrd md 6i In real New rk
day Of the National Fremen's Tgu nAment
-.
the Bids for the Nsw Grand Reservoir.
The dispute sho 70 be the successful contractor
IN tho bics for this ssupeno work 10 -axing warm,
and that the lawyers have got interested bids fair tn
be iedioup well - expensive rhe foil, sing tho
three invest bids which were n all considered by .he
Bard
pinrncre Wood d;.;....t......."..".. so! Iss 81
John p. rhos. Cummings s.......,...... 72o s07 65
kersrs Dnsnore Woods bid vas irregular On sooouns
Of the su,ees not being an right and thrown oat
fey oiaim bcwevev, thai ihsy amend heee accord
Ing 70 the act, and s' Do the ccnractors They
retained y counsel VIM. n, Eva,A, E.q
keesYs Fsiyonild, Oo,nAp L Co.'s bid, H n claimed
be shr1wn out hceause Of the surees xr Alien
employed in tho Tax conmss,cues's or,oe TDey COZ
test tho matter and have employed James X. Whiting
Eu counsel
fno Messrr Cummings a-e the ners loves, bidders and
sbc,v bid al forWk they claim hat ID the only
legal one, and that the others cannot be amendef NJ
Field heard few days since In thelf behalf and yes
Co counsel she argument nok place before the oo
TN bosTd and Comptroller Fasg In the ooc Of tho eng
neer Of be Board, and - By quite number Of
tho contractors. At the oper Of the OGumeu the
PRsHonr ann unced that he lad received q ocmmunca
ton, which ne -esd a. follows
TO TIE CnoroS AauEDucr BcAEp:-
Jon, sw.rdiIe o ne con,rao. Or hs woss q as new
ore OF suSees the ee'luse Is disqualasd although
our We ys ., & ss NJ st.s no ds.s
s So1ns IN 2, m css, os %
poss. e Ss % as sna
pointed sy ,ns aniho, OF the soei, anenabl. Z
s
jon against one Of the Mss,s Sa@nas., Who Com
n.on.I Of Ecir.aon 'hs srosod ,hSi Be = suos Spm
cdr ~ y ~ objection he ground sssnmaa by hs
.Srs D IN ~ place q ssa s sssrs ss ssss
sIHfs.a saHfa = SotsnSS 9 tws.n,S,SrR
BHkRY J. BROWN.
Br. DrpLU FTr,p, en- bensN Of Messrs Cummings oties
Cd 70 the substitution - Illegal Acd unjust his vie~
the ordinance Gny authorized . substitution Of legal
surey for another because any other construcn would
authorize she acceptance OF surety AFTER bid had been
esa usn .d o-.S % a.
another would be substituted. anoe Mr. Alien not .
legal surety, tho bid kessrs ooman. Fairosnd 8o~n
VA ust The same - Of only surey had been offered
TDe Mss1b. Cummings bad 2ui In was coscsded the
lowest legal bid. Was any other party 70 be Allowed N
jams X. WHITING. Es.. on ssssif Of Mc.sr,. co,m.n
Farchiid Brown, ssougbs that t5 nos he phase 10
object 70 sureiies Inc that when the bids ~ere
openoa therc shoy Id be deciou 10 who The 10
bLder, and did not he In the mouth Of ALy bidder
n object " the surrey Of snohev fhe competing parties
qaarn surety. There nothing in the charter o,
0dhsnoss OF the Common Iouuc exercising any atro
over him His was county cfhoc aud was never known
to she cbter or the 0y The ocs he'd beeu oYRiuated
ny the last Legislature; and though he appointment was
made BY he 6uperv scs, Tho fees from county Coz
uDetnces. His duties wore under tho sole coatso and
decion tns saie, sad he could nos ue controlled By
The city government ct all Az CcmmirioneP, MP Allen
did nons for The city. he merely spporoued tina vsius
of tho properly Of the city cf New York uson Viii the
Supervisors ooud bAas . mssdst,n for The SAFE 70
Ievy hA rhe on,ce sarcy county once perform
Ring In the ordinance foreiddns even essber OF Ihe
Common Council or besr Of depsvtDens from besoing
. surety; Tns isw Only forsds bem hon beiss .sss
reseo 10 he contract 10 relation N the proposed
san,ion oi another surety for NJ Alien, he contend
% tbss vbers . party offered . surety whom ho
anosher, win me consent Of NE Bosrd Dss,h,
failure, or Ary osher good for disqualification hs
thought would suhorso .as Board 70 substitute one surety
ftr sDober. he believed 70 be The duty or the Bard
v soc-pt substituted surety In ihs cAsc, vhcre tho cty
~oaid he saved an oxpense Of $4,000.
tns fsrnsss OF the pAries, and he only question
which had the rebs 10 the cou rssi p which ,d Piled
qassucD Of hycr but Question OF right fNessrs Fair.
child 90 hsd put Ia cg>l Did hey entitled IN .ns
contract II not, their bid could mol be- amended aud
scars. Gum muirgs must have the contract Mr.. Sbiups
Bad rersp ed from noticing ine fao that Mr. Allen had
make ASSESSMENTS FOR wells, pumps sewers sdraius and
ner purely CIV mAisers, wnioh made aim . dscloecy
CITY ofncfr. W@ we thsi The Board could
soceps ~ sureues Comosro''er Flasg or ar.
DeForeat-in o-n nember,-oa tho around TIA,
The lest q FAirchld Co p bid thai rsqucsvd
iahe that onnssc snd 70 ling 70 dc they could not be
compelad 20 ", OF mslcked dolng
%, simply oeosGss Mr.. Alien illegal surey.
kr. sHl Uo rejrned that Ar. Ausn's duucs did pos
mAae Inn Ae cflcer OF the Corporation He cootcnded
that even NJ FA-s should s-eaz that he had no In
m. Brxc, there g. nothing IN the lag prc.
veailrs him frrm beng scoopcd ~ . surety.
NJ, tnip vepned ioAs the law evidently nlended that
shcp the psme of faresy ~G given he must bs legal
surety, and ns not lbs bid is Illegal rbc oorporson
had no coDIsi over NJ fAss, Dut he nevertheless
sss,ure, perfofmlng duties which we're formerly po~.
.tzmed y tie rees OommisaioDer and Board or Asses
Afur sons further de.uliory srgamAnl ths Raard a.
jourred, roservEg hs deossion
Tie io,'o.ns are MT. Fields points which have NOT yvs
NJ Field claimed hal she ocnrsci for building Tho ncv
reservob should be assrded IN h~ssrs y. ruomas
anu a. Jr ,nsy being me b-ess edders VIA tho 80
CURLY required by he ooartry me osy oompegln-
bid lhai Of hesrs Tairchd o., Of shose Suro
Tee go jonathan Allen, . rax Gem missioner. IN this
NE ksmn- Cummings ohjected that rAx Comm ss,oner
~as ~ oompssent surety for with 100 Cor
yssaicn, and therefore ihe hid ooud no be rccsived
rhe es.cn whether Mr. Alsen was oonpo.cni 70 sns -
.srey derended upon .vo Others ns-was ne
oioer Of he owpo~Asion within The msasng Of NE 2sth
section of We new charter, which de- hrcd that no
membor OF The Common Council, heed az department,
shief Of barcas, deputy ther,of oek nerer, b. any
cfer of-r Of The Corporation, shall DO trccty6 indi
recuy bssrts ed IN ary ooutac, 20 Or hu.ise., iss
" o. iSsirecty isieresssin in the '.oonirscs, wos
Foraron ID BOT depend upon ihs ssurce wbcn,e he no
1eved h appointment but upas Me duties vhnh he par
s,,no, 'Srr,1 ss ss ~ S wS e ms,y .sg.n'ss sy se
Mr. Field ons@ndsd that u -s cf importance hal The
m Oomnslione we're sppcin I'D by ue 81 petvsor,
was y % aEv Consequence 70 sbo~ thAi Me sup>vvsovs
~ese 70 some eaeri and for certain purposss, ofc-p n
tho tornraou rne aci however, lch.ptey l7i OF lhe
lass y 1851 BY -bch ihs osce u Tar % nmissioner
created provided Mai taey shculd be "hnown Tar
Elssoners Of tho city Of Nsv yorsv rhe question:
Msp, Docs rsr oomuissoner perros city duues
auhes for iho city, -s sns-ered Il oros
DS rsss..ss 10 NE as- dnAF'er, Saa 'hs s,..-s
mcst acs q April 10, 1851. ohapssr eT7. hns s.er
aa declared that herc should be In the ~
~ Nes Yert three na Con mssicpcrs; plsoca
thels ohsge ihe Bureau Of formerly under
sne Fett Der IAtment author red them n apoonl City
surveyor made he Assesors for Ui,y Imp -ovemenss
and devolveo upon them 's the powcrr and dutiss
po-se,sed BY re street. Commission ers depart rens In
ss-d 70 making and pefecrs asseesmen~" sr rcii then
argued the qeeu n wneshsr surety for cont actor
Interested directly Indirectly, In ,he oon,rac, work
eu,pess. Ho said interest might be On interest 10
make gain interest not 70 suffer ka. suresy
old not participate IN the rron ha tne visr of lose
be bad direcs nterest In the princ ais ~orh la lhe
nhtaSncss vith which he procured as labor and mate
rtafs l..