New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-12
TIE sypFrr CLEANING CONTRACT.

TIL, S1,pEE.r- CLEANING CONIkACl'
.....;a..;o,, UNA received last night IN the
1r.1I.e c,rn George W. Norton City In
be resolution of Dec. I, directing
sF'V'' ;" ~! cortrac. with ". II. Forbes, j. q.
u.,,,.i a,d VIM NJ. Waterbury, to clean the Stfee''
80. .rd remove ashes, &C., for the term Oh h'e
years. .c..- - ,,,,,,,l, on tI,o ,,rorr1
e,ob contract should have been open to COMPETE
. and given to the lowest responsible bidder with
adoopatc security. After quoting the law and section
Is al the new Cnare: regulating the giving out oi
pul,lc work, he says: go,
Frcm careful reading of the above, it will be
seen that al contracts shall be made under such sgu-
Iniions as shall be established by ORDINANCES oil the
Common Council; hut Is it 30 be Inferred that the
Cannon Council have q right to make, or direct
I,e head Of department To make sLch contract and
z,;t euch oersOps as the Common Council ydirect
.'Wlie il is evident that by thrce-ioqrht vote oil
shc members eleCted TO each BOad 'l ne Common
Council the work to be done or supply 10 d. iuT'neu
msy he ordered 'Otherwise tuah -! contract us
,-oysor :, canno, be commended authorizes the Com
mon Council o direct the work TO he done Tor stated
sum with parties selected and for term OF years or
in other words, and in fact, to MAKE contract oe
tween these parties and the Corporation.
ait har been sgges ed that the plain and stringen.
reourcment in relation to work or supplies exceeding
in amount of cost the sumot SOD has reference SIMPLY
20 the necessity 10 perfect an unfinished JOB, &c.
ept with the spirit of the section Can It be tlat the
Legislature deemed il requisite TO provide, IN words
precise for contingency which seldom occurs, Us to
unfinished work, while the whole OF WORK 10 %
done or supplies furni hed for the COrpOrstion-not
alone the work or supplies paid for from the amount
annually levied by tax fer the support of the NUM-
cpal Government but also the many millions annu-
ally expended and paid BY assessments Tor pubic IN
movement II ask can it be deemed consistent or
IN accordance with the intent of the Legislature, 10
STUBS that the whole section not 70 be construct
together and hat the requirement, when WORK Is 10
ly done by contract that the contracts shali De
entered into by the appropriate heads Of Depart
ments and shall be founded on sealed Dds or pro-
posels made in compliance with public notice
for at least ten days, ana gwen 70 tho
ss.ent or truthful that this requirement has reer-
..oce 10 unfinished work alone
The resolution directing the making of contract
for street cleaning ~ above, forms the hrst attenpl
70 ylye a different construction to the action hereto
fore governing the making Of contracts TOR pdohc
work and although the sum mentioned Is one oil mag
nitude, yet il comparative trlte IN contrast WIN
the sns which, by an abuse OF such power, II vested
in the Common Council, could be expended on pubic
works in the future without the forms OF advertising
aud award to the lowest bidder provided the preoe
dent should be thus established. am unable to be-
leye that the alterations III the Charter made by the
Legislature at its last session. designed for any
purpose other than expressly to preserve the guards
against fIsnduent bidding and to protect the rights
OF bids submitted by persons in good faith, and 10 Sc
any work to be done, or furnishing of supplies, and
which had not been ordered by the Common Council
to be dove or furnished otherwise than by contract
Entertaining these views, and deemug the subject one
of the greatest importance to citizens generally,
before entering into contract a. authorized and
directed by the resolution | addressed note 20 the
Counsel to the Corporation propoundinS GER
fa;p interrocatories in relation to the right and
mower of the Common Council in adopting such reso-
buttons and of the duty of the City Inspector under
their requirements copies of the note ana reply being
herewith presented marked respectively A and
'BJ. have therefore declined compliance with
said resolution and close this communication by quot
inc from the answer of the Counsel to the Corpora
ton the following words : If am right, it follows
from these views that the Common Council had no
'authority to pass the resolution in question; chat
swhat they cannot authorize TO be done, they have
mo right TO direct of their agents to do and that
their ordinance, cOnfrmatory of the proposed con-
stract being set Of void legislation entails no obi
'gston OF compliance upon any executive officer OF
'the Corporation. 1t is your duty not to make and
texeCute the contract.