New-York daily tribune., 1857-09-28
THE STREET-CLEANING BUSINE SS.

THE STREET-CLEANING BUSINESS.
To the Taxpayers et@e City and County Of Ne,0 York.
GEsTLENES: You will bear 10 mind that Mayor
Council, Aug. last past, the subject of street.
cleaning.
And In reply thereto City Inspector Morton stated
that the sum Of $2 900 for removing the ashes and
garbage from thirteen Wards for the two weeks end
ing July II 1851 was not in reality extravgaut item
in cleaning the Streets from the fact that he had to
move the filth of eight Months accumulation.
Now. as / am familiar with the facts beg leave 70
curing the month Of April and up to May % 1857,
show that be removed from the thirteen wards in
question 1870 COO loads including ashes, garbage and
ort-eGu0l to 10000 loads from each of said wards.
This tact the City Inspector could not be ignorant Of
furthermore, be well knew that many of the streets in
ssid wards were thoroughly cleaned three times
twice and but few that not cleaned once. As
regards the contract with Reynolds and the Corpora.
tiCn, there is other very Important fact 10 which
wish TO call attention, and that is, if he had mani
tested the came amount Of interest in aiding Reynolds
TO carry out bis contract he did to defeat and break
it down there cannct exist a shadow of doubt to all
npreudiced minds that the condition of the streets
would have left no cause of complaint
At the time ssid R.ynods entered into con-
tract with the Corporation to clean said thirteen
Wards, the ordnance was in force which for 9ade
the throwing of ashes and garbage in any of the
streets. These ordinances said Reynolds had every
reason to suppose would be strictly enforced by the
city authorities and it was in fact part of the con.
sideraiOn upon which the undertaking was entered
into to clean the streets in the manner prescribed.
Consequently the head of the STRENGTHENING Dep art
Mt was in duty bound to see that the ordinances
were strictly enforced. The attention of Mr.. Morton
was called TO the fact, time and time again, that just
as fast as the filth was removed, ashes and garbage
were thrown broadcast into the streets; and nOtwtn
standing this state of things. he occasion in
voked the aid of the city officials to remedy the evil
On the contrary he thought this very suitable occa-
siOn to inform Mr.. Reynolds and the good citizens
generally, by way Of showing the fault Of the
tractor through the daily papers, of the numerous
complaints daily pouring into his Office of ths filthy
condition of the streets, when in fact and in truh the
fault in the head Of the Department for the rea
sons have already assgued
Again, by the specification Of street-cea2ing, the
Corporation for itself the right TO clean any
street or Gets after giving the contractor twenty four
houre notice. and the expenses so incurred are 10 he
deducted out of the next pay and on from time to
tine tor the full term of the contract; and in
there in the end deficiency of the contract price to
pay for the performance of the work. then, and then
only the securities be held liable for the nOn.per
formal ce Of the contract. This is laid down
by the specification of srectcleaning and il was the
only legal course to be pursued by the head Of the
department.
Again, by the terms of the contract the Corporation
agrees TO pay every two weeks "a the work progresses
in equal proportions of the contract price but the City
Inspe ctor nste ad of signing ReynOldss warrants for
his pay when the same fell DUE refused to do so, not
because ne (Morton) Lad performed any part OF the
lab in Gle aniDg any of the street, which he says
so loudly complained of and that he had Oh that
count greater Offset 10 make than there was money
due Reynolds at the time nothing of this sort is set
up i'll his plea nor yet that there not in fact
era thousand dollars coming TO Reynolds at the time
but his plea that the streets were not cleaned
as per agreement Who then violated the terms and
conditions of the contracts The answer is, the
Corporation, through the instrumentalty of George
w. Morton. City Inspector.
First. Recausp he faed IN enforca fha noas
"a consideration upon which the undertaking was
entered into.
Second: Because he did not perform the work which
Reynolds failed to do according to the terms of the
agreement, and which he was bound to do.
IhHd: Because he refused to sign the warrants fJr
that portion OF the contract price agreed upon he hav
rg offset to make for the performances Of any part
Of the work 0ne of the rules Of construing contracts
is according to the understanding and Intention of
" the parties and this intention is 10 be drawn from
=" the context Of the instrument, taken a whole"
But about this time, City Inspector NJ 'rton made
most astounding discovery; AMI that vas that con-
tract existed from the fact that the Common Council
had not dRpr0ved the contract; that by ordinance
II was provided that all contracts to be entered into
by the appropriate heads of departments should bs
Council.
Now had be manifested the same amount of interest
In eaamn ing the City Charter he would have arrived
at the conclusion that the Common Counc was never
nsestee with any such autt ori'y. once read in the
Cowens Reports, Corporations must show their
powers or else their proceedings are void" Cour.s
oeheve, invariably hold this dOctiine Corporations
nave DO powers except by the Charter under which
"they exist, and when thsy transcend their powers
" their acts are void. They have no Implied powers
excep such a. are necessaryto carry out the powers
expressed grant. d." "Corpoate powers are 70 be
SIcy construed" that is TO say qyaip,t the Cornor
alton and 10 favor of the citizen fqat clause in the
contract. subject to the action Of the Common Conn
Gil, ;" amounts to nothing.
The contract for cleaning the streets u tbe .h;r.
teen wards OF this city made and enter,d into he
Joseph Ebng, then the head of the Street Osns.,'
ment, and in pursuance of the city chatter i, arr
cases made and provided, Reynolds gave when be mn,
in his bids the names OF his securities. Mr. Eblig.
Mr.. Flsgg and Mayor Wood signed the conrae, win
REYNOLDS and no objections 10 the adequacy or snf
fciency Of the securities were made by Eblino or
Flagg al the time, and therefore there was to ali TO-
tetts and purposes contract made aud entered in.o
by and between the hesd of the Street Department oo
the part of the city, and VIM. X. Reynolds of the
other part, and approved and acknos sledged by the
Controller and the Mayor. These parties on the p,rt
Of the city, With the exception of the Mayor, are the
parties contemplated by the charter 10 make the con-
tract. and the fact OF the Mayor having signed it
cannot in any way affect its validity.
OSy wSo Knows, AND FRIEND TO JusIIcE