The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-20
BOARD OF ALDERMEN.

Reps. and SuIe. for supplies furnish
ed on requisition Of Chief Engineer. 5,523
Upon certified vouchers of Supt. OF
Fire Apparatus, viz:-For work or
dered by Street Commis'r for extra
work on contract for building engine
No. 9, S24l, and on engine No. 10,
SIS facts communicated to Common
CounciD reels for engine No. 9,
by order Of Common Council, sos,
and watch lines, SO in all........ 40
Upon certified vouchers of Messenger
OF Fire Commissioners for cleaning
their ONCE ACKNOWLEDGEMENTS. AZ
-s52,732
On 7th inst, according to report of Chief En-
gnecr, orders outstanding for which
vouchers had not been sent to Street Com
And recommendations Of Chief Engineer were
awaiting approval Of Street Commissioner
to the amount Of. ...................... 1880
Since the date of the above mentioned report
of the Chief Engineer recommendations of
Chief Engineer have been received in this
office 10 the amount Of .................. S36--
The above statement, shows that the amount appro
prated diminished by the Legislature $ll 400 and
while the available thus made less additional
work not provided for in the original appropriation has
since been ordered by the Common Council amounting
81 COO Surprising that the original estimates were accu
rate would require but little calculation
the inevitable result OF decreasing the amount Of the APP
preparation and increasing the amount of work to be DONE
Sec % OF the amended charter OF 1857 requires that
no expense shall be incurred by any Of the depart
ments officers thereof whether the object of expend
ture shall have been ordered by the Common Council
not unless appropriation shall have been previously
made, covering such expense" the Common Council
the to make appropriation for necessary
expenses in of the amount included in the levy
would respectfully urge upon you the necessity for max
ing appropriation for the Fire Department and would
suggest that sll 400 being the struck by the
Legislature would probably be sufficient for the remain
der Of the year. The consideration Of this subject will
bring again before your honorable bodies the question:
wis there legal power vested in the Mayor Aldermen
and Commonaly of this city TO appropriate money
sary the safety Of property life or must this
money TO be raised by tax9 My duty is clearly defined
shall not incur expenditures until an appropriation shall
have been made therefor Respectfully submitted,
Since writing the above have received from the Chief
Engineer communication, of which the following is
OFFICE crIEr EScIsEER FIRE DErARrxEsrl
NEW York, Sept. II, 1859.
sRI gra,ied at the opportunity to inform you that the
Is s Every article of ire IN
perfect working result meyer attained at any one
No fresh appropriation will be this
as sy preenddE S Ssf e
Chief Engineer Fire Department.
am at loss to understand how this result could have
been attained, when recommendations from the Chief
Engineer down TO the 14h ins for repairs said to be
cessary, still awaiting my approval, amounting to
$217and differ with the Chief Engineer when he says
" No fresh amount of appropriation will be needed by
this bureau" and trust that provision for contngen
cies which certain to arise, may be made for the
commentators already made WILL If approved, make
deficiency of $50 81.
Besides the above there several resolutions Of the
Common Council ordering the Street Commissioner to
chase apparatus, the bills for which will
more than 81 900. must therefore repeat notwithstand
ing the above official opinion Of the Chief Engineer, that
further expenditures for the Fire Department will be
Qured during the remainder of the year. Respectfully
submitted, G. W. SMITH, Street Commissioner.
SEPT. 10, 1859.
The following was also received from the Street Com
missioner
STREET COMMISSIONERS OrrcR !
NEW YORK. Sept. II, 1859.
To rm HONORABLE COMMON COUNCIL
GKNTIIMES-An ordinance passed by the Common
Council in August 1885, TO regulate &C. the Fourth
between Seventy first and Seventy ninth streets and
is regular The contract for the made January
10, 1857, with John McGrane, by Joseph s. Taylor the
then Street Commissioner. The following the
amounts of bids for work, viz
John McGsrane. $23 OPS
Michael Treacy. Is $50
Terence Farley Observation-Disclosures. l6 $50
1t appears the contract awarded to Michael Treacy
and confirmed to him by the Common Council in Decem
ber 1885, but the contract signed by John McGrane,
by what right does not appear In the decision Of Judge
Davies at the special term Of the Supreme Court No
vember 8, 1858, in the matter Of vacsng
founded upon an Illegal contract, the learned Judge
says" At the time these proposals issued and the
contracts executed the provision Of the city charter
that all work to be done for the Corporation mourning
expenditure of more than $3.50 Gas this did, should be by
notice Of ten days. and all such contracts when given
shall be given to the lowest bidder with adequate Sc
curity."
Now the provisions Of the charter are mandatory and
there escape from them The contract must be given
TO the lowest bidder and there is option right Of
selection. sIf lowest bidder does not take it. then it
must be readvertised and awarded again to the lowest
bidder; and he should decline again to be advertised
till the lowest bidder does take the contract"
There is no authority given TO the contracting depart
ment to make the contract with any other party the
lowest bidder, and if made with any other party it is
atrd uares and void This contract was entered into with
the highest instead OF the lowest bidder, and it would
too plain TO need illustration authority sustain
the position that it was void db initio.
In the case Of James B. Brady against the Mayor Al
dermen and Commonay Of the city of New York, at the
general term Of the Supreme Court, October 1857
lore Duer, Chief Justice and Woodruff, Judge.
bafo Tho oupt ~ tbo
DEFENDANTS from judgement against them the report
OF referee. In this the contract given
tne lowest bidder and the Court say, 'not only the
statute provision of the charter violated but the general
ordinances OF the city disregarded." We feel no
neshason IN concurrng that contract made in viola
on OF ne charter and OF the general ordinances IL
legal ana VOID and imposed obligation the Corpora
ton Of any kind
Where the officers of corporation an act in excess Of the
corporate power The corporation is bound when the
statute under which the corporation restricts its action 10
poraon acts can bind in other the mode pre-
scribed. p''
On or about the 10th day Of January. 1877 Mccraro
assigned John Caaghan all his right title aud Interest
in this contract Several times Mr. Callaghan has nre
scented to this department surveyors certificates for work
done this under said contract; while Mr.
Cooper Street Commissioner Mr.. Cooper refused To
make any payment the grounds that it illegal
contract, not having been made the charter directs
The contractor sued for the amount due him. aud
ed judgment for $995s 81 and COSTS 1858 81 $500 Of
which allowed extra allowance, 1t being, in the
opinion Of the referee, difficult and extraordinary
Mr. M B. Brewer appointed by Judge Hilton ree
rec in this case and made the following report thereon
John C1uaghan he Mayor Aldermen and Consmoauy Of
re CITY Of No YoykTo the Honorable the Judges Of the
vourt q Common PeasThe above action having been
erred TO by order Of this dated November IL 1855
and determine all the issues between the parties and To
ed by the 40 ESP that have been attend
% 'esamony and having duly deliberated thereon
AZ y entitled TO judgment against said defendants for
a u slsl Co. with interest thereon from the 18th
NEW U.s. the wSof gR Ri VIZ e ssstss
., WIN pe perceived that the report does not stat
wnether tne Counsel for the Corporation raised the oos
uon as 70 ne hegaty Of the not nor does il
ppear N any o. .he proceedings before the referee so
Mr. Callaghan presented in NAV, 1889 to this Office a
surveyors certncate for done under this
and requested payment thereon. Mr. Lowell tba no,
Acting Street Commissioner, addressed the oowing Itr
TO Mr.. Busted, Corporation Counsel "s ''''s'
STREET CORRESPONDENTS OFFICE
- -, NEW YORK, MAY, 10; 1859. (
DEAR SIRJohn Caaghan desires further
for regulating &c Fourth
Seventy ninth street Was the late dec Of the Cont in
this such this department proceeding "a
make payments 10 Mr. Callaghany
NJ LOWELL, Deputy and Acting Street Commissioner