The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-12
MuYlCIPAL AFFAIRS.
PROCEEDINGS OF ThE COMMON COUNCIL.
s~N~~S>N~N~SN~NN~SN-~N-~NN>
Interesting Reports from the Street
Department.
The Mayors Views Of the Battery
Enlargement,
AC &C &C.
BOARD OF ALDERMEN.


Several petitions received and referred
n1KaAI-rY OF THE srHIET CLEANING CONTRACT
communication received last night in the board
81 Aldermen from George W. Morton, CITY Inspector IN
reply the resolution of Dec. 7, directing him 70 make
contract with W " FORBES, J. G. Holorook and VIM M.
Waterbury, clean the streets OF the Guy ana remove
ashes, &c for the term Of five years
ne CITY Inspector refuses comply on the ground that
svan ~ tSs lowest RESPONSIBLE bidder with adequate
security After quoting the Jaw and secton SS OF tho
charter regarding The giving out OF puoho WORK, ne
From careful reading of the above, viii be that
contracts shall be made under such regulations as shall
ev established by ordinances Of the Common Council;
hut TO be inferred that the Common Council have
right to make or direct the head ola department to
'smaken make contract and with such persons
Abe Common Council may direcU -
While evident that by three four,hs vote of the
members et cted each Board Of the Common Council
e work TO be done supply TO be furnished may be or
desed otherwise" than by contract, this provson 1t
cannot be contended authorizes the common Council 10
direct The work TO be done for state with parties
selected and for term Of years Or N other words ana
m fact to make contract between these parties shu the
Corporation .
nss been suggested tha, the plain and stringent
IN smount Of cos, the sum $780, reference sim
nav 70 the perfect "unfnished' JOB &C.
Gan Mis- idea be entertained for a moment consist
eat With the spirit Of the sectonP Can he that the
Legislature deemed it requisite 70 provide, 70 words SO
or orS wbs the whole of WORK 70 be done
supplies furnished for the Corporaton-not alone the
vork or supplies PAID FOR from the amount annually
ment but also the many millions annually expended and
PAID by assessments for public improvements ask can
deemed consistent or N accordance with the intent
sf ne Legislature suppose that the whole section
construed together, and that the requirement,
when work is TO be done by contract that the con.
tracts shall be entered by the appropriate heads OF
and shall be founded on sealed bids or pro
poss made Win sr ~ hs oxes, nd
der repeat II be urged consistent or truthful
Mat this requirement las reference TO unfinished"
The resolution directing the making of contract
Dor street cleaning, as above, forms the nrst attempt
fore governing the making of contracts for public
work, and although tn sum mentioned s one OF mag
ps>~de vet a comparative trltie IN contrast with the
sums which, by abuse Of such power vested in the
Common Council could be expended on public works in
tne future the forms Of advertising and award 10
The lowest bidder provided the precedent should be thus
established. unable 70 believe that the alterations
A charter made by the Legislature at its last session.
preserve the guards against fraudulent bidding, and TO
protect the rights of BIDS submitted by persons good
sih and to secure the award Of the to lowest
bidder any work be DONE or furnishing OF supplies,
and which had not been ordered by the Common Coun
a 70 be done or furnished otherwise than by
ras Entertaining these views and deemng the SUBJECT
Sssoys an.srnS INTO conirac, as r authorized and
directed by the resolution addressed note 10 the
Counsel 10 the Corporation propoundns certain inserroga
torres in relation right and power of the Common
Council in adopting such resolutions and OF the duty Of the
CITY Inspector under their requremens-copes OF the
Tpectyey A and B. Ihave, therefore, declined com
shance with said resolution and close this communication
mon the following Words am right follows, from
sese WE'VE thai the Common Council had authority TO
Vsse The resolution question: that what they cannot aa
s,cr,zs 70 be done they have right direct Of
Their agents 70 do; and that their ordnance conrmaory
The proposed contract being an act OF VOID legislation
entails no obligation OF compliance upon any executive
sEn.e If aafJs-Fs d. " S,sovER ON THE s1Yxrf "
PARrsEST-AIlKGAnoSs o. FRAUD
srsnu DEPARTMENT, OFFICE Q, STREET COMMISSIONER,
- nc Honorable The Common Council Of the City Of Ser
Section 20 Of requires that "every head Of
department shall report in writing 70 the Common
Council quarterly the state Of his department with such
suggestions relation Improvement thereof and
ese public business oonnSted Herewith he may deem
advisable" With such requisuon II becomes the duty Of
sbe undersigned head Of the Street Department, 70
comply, and be therefore respectfully presents TO your
ssa0rasls body the following report
The acton Of the late Mayor and Common Council in
refusing 70 RECOGNISE officially the undersigned,
saa tie consequence, might have been confidently
expected, has been that payments by the Comp
rsSsor. and others, and he City Treasury has been
aefrauded OF thousands OF do lars by judgments OBJ
famed, without any determined efforts on the par, Of
le eorporauop Counsel TO prevent the same. Section
OF chapter Of The ordinance organizing the Street De
parment requires that A" moneys payable by the Cor
cr for the performance II contracts for work
done under bureau the Street Department shall be
PAID by the Of the Comptroller drawn upon tho
yequiston Of the Street Commissioner" II Ia therefore
apparent that the Comptroller legally act only
carrenee with the Street Commissioner, when making
payments account Of the street Department. yet ap.
pears that the large Of sl53437 has been paid BY
him sundry contractors and others from time time,
the undersigned assumed the charge Of the Street
Department up November II, 1857 without any requi
sion inquiry Of or reference 20 the department;
schedule Of which payments is annexed, marked Docu.
usent No q MANY OF these payments arc known 70 be
wrong some IN excess Of legitimate claim and others in
direct and Illegal overcharge on contract That such
salts should ensuo, Is no; at all surprising, when
The checks Instituted 81 Jaw dispensed with
and parties having claims 10 be paid, left TO arrange
their demands according 10 the facility thus afforded
for settlement Had these claims been regularly sub
United 70 the Street Department and paid only upon
ne ane he h would nG have
occurred. In resPec, 70 the Law Department would
hat the Corporation Counsel has gone beyond
non recognition Of the undersigned and the Street De
pa-tment under him and that Notwithstanding the deci
zion Of the Supreme Court 20 the contrary he avoweiy
has recognized the said Devn and bis assumed Street
Department as legitimate, upon mistaken assumption
Rbgrabsm IN the Court Of Common Pleas; and upon the
strength of such assumpt he admits that when
Devn and his Apprentices sued the Corporation for salaries
ne refused ~ allow defence be set up against the le
galy u their alleged appointments, aud consequently
Judgment vas obtained every sase by virtual default,
paftnent paid and the Treasury thereby derauded
Of some $4,000 schedule Of said judgments 10 an
ne1ed marked DocumeDtNo g. II is much 70 be regretted
that the Comptroller did not deem expedeni th.s,
fraudulent cases TO take himself TO make defence
behalf Of the C1T.rsion anil - cmuloy counsel sui
eide Of the law reps tnsr ~ I'D fnorc recently In
tie case q the los0f v 80 iso he cone - tie saving
% the Treasury N ile ~ MGR cases would have been
By the ord usnco recognizing the street Department,
neDl has a bureau assigned 10 him IN the street De.
psrtmeni md he e rhirged with the duty Of repairing
engnes bus" carts HOOKS and ladders and other ma
chimes ard apparatus for the q the Fire Department,
and bis transactions respecting such repairs W be
der the control direction and supervision o, the street
Commissioner.
The undersigned, however u Obliged 10 report that
sinoe be has been acting street Commissioner, the
Chef Engineer has regarded the requirement the
ordinance. and his transactions in the discharge Of
tle duties assigned him are unknown 70 the undersgned
His action furnishes another reason for placing the
tTeet Department IN Us proper position OF respect and
recrnuon among The departments for the expenditures
The C.ef Eng for account OF the Fire Department
lave been theme u public Comment for some time past
TIE undersigned further reports that the street De
tertfncD has been fully organzed by him, under the
vdkanCf nrd is A. has been all along prepared 10
oscharge he share % executive duties assigned b a.
uadsr the ,igtUr an ordinance and he trusts that
yout hcnofa ole body WI not permit the public interests
longer T. suf.r ~ the obstruction n public works and
Tho Equandcrug 90 puic money IN cases appertaning
sV..H N