New-York daily tribune., 1861-05-26
Law INTELLIGENCE.
COURT OF GENERA SESSIONS.

(ltV Hal OF The SAID Cliy on SIouiu"I'
fifth day OF May i'll the of our LORI one 'nousiiu
eight hundred and siXty-one; present, tne uoD Jon
III. McCunn City Judge Of the CITY OF New lofh,
Justice Of the Sessions, The Crane jury hiahe l'e
following presentneDt 10 the Court, 10 WIZ; ~
The Grand Inquest Of the City and County OF New
York, respectfully present that they have devoted
several days inves gation In respect TO the man
per in which the streets and Oher publ; places oil tnlS
civ have been cleaned, undcr the contract WITH
Andrew y. Hscklcy. The prosentment OF the E1st
Grand jury ehowed that the sum OF forty thousand
dollars paid by Thomas Hope to said hackiey, IN
relation TO this contract, On the Gay "i feo
ruary last; that resolution awarding !he contract TO
him sltuongh there twenty-five bidders al lower
rates, huriedy passed on the evening OF tue 5
day that Hackley refused TO say VIVA! use ue u MD
Of he money on the groand that his answer WOai1
Grimm ,ie him; and that a contract Was h'ue WIN
iIackley according to said resolution, hteeh Gays r
is Iassage. A con ract made under sich suSpi l'us
circumstances, that the person To DC D'su,'cd oy ~
will enoure confinement in "a prison rather than slate
by shat manner of cIimiuaity be procured 1t, bee mes
necessarily cause OF oieuse and pubnc repioach;
aud il Is the duty every puehc oiher 10 lnSls az
tbe work required by it, provisions shall be strictly
and lully ieformed The Grand inquest have, there
FORE examined large number oil WITNESSES, em0rLcinS
one or more from every ward IN the ciy lnciudl
stree inspectors and Others to the extent 10 which
the streets in the respective wards We're swept dUihg
The TWO weeks commencing with MoIdas, 'he Slth Of
A.r and ending with Saturday. the llth OF May.
Broldwav below Fourteenth street, is req ired 10 be
swept every night; and the Grand Inquest nave no
doubt that tb portion of the work has teen iaimay
pei. ormed Park Row, Chatham street, the BOw-ry'
below Grand street; Grand street, east 0i BroadWay;
Maden Lane, Fulton street, east OF BrOadwsyJ ana
Couttandt Wall aud Wuitehall streets, were required
20 be swept at least twice in each but nei her
Of them was 80 swept during tine two weeks specified
AL the OF er paved streets, avenues mes, alieyt
and an 0ntters wharyes piers and heads OF sips.'
were required to be swept at least once III each week
The streets and parts Of streets so swept consisted oi
OILY forty yiour blocks-namey, one OOc6 ," each oi
the following Streets Centre Market flace L1abeth,
Nineteenth and seventh Streets two blOck' III each OI
the following stresis: Barclay Baxter, Bridge,
Cedar, Fulton, Pine, Thirty.eighth, Nesey and
Waer Streets three blocks in each OF tie FOL.
loving streets Liberty. Mott, MuileTy and
Twenty-ist streets; and ten blocks in Washington
street. large portion OF The streets and avenues
were not swept even during the said two weeks
Tie schedule # etrtei-sweering oal'ted, annexed TO
this presentmert shows the streets required u be
sweJt four times during the said two weeks, and which
were swept once witch twice, aud which not al ali;
and also which Of the steets required to be swept
twice were swept once and which not at all The
streets below Chambers street were requi ed 20 be
swept during the night tiue but this requirement,
except IN two or three instances was dsregaiGed All
tie wharves piers end heads OF slips were required 70
be swept once in each week but, with three or Tour
exceptions, they, well as many streets, nave not
bsen swept since the contract was made. The map
which accompanies this presentment 50 colored is tc
show how often each street, etc. was required 10 be
swept during the two weeks aforesad and whether
IL was swept, and II so, how often. The evidence
before the Grand Inquest shows thar Wlle pains nad
been taken to make portions o. the streets
exposed TO general observation comparatively clean,
soe other portions were in filthy ana dangerous con-
clifton. La Thirty inIh street. between flIsI ana
", oud avenues, about one hundred and hity
leads of street.sweepngs were dumped on the paved
street and sidewalks, some two or three weeks
suce, in direct violation OF the contract, and remain
there vet notwt standing the repeated demand Of the
Street Inspector Of the Ward 10 have them removed
The evidence further shows thai although the conrac-
tor has never had enough men az work to perform his
contract fully be has reduced the number of sweeIers
to less than two hundred. At the average rate Of
work done during the two weeks that force would DO
the sweeping required about once month PROBABLY
about five bunored sweepers, woiKIog iHu1uhy' IN
favora Jle weather, would be required TO sweep the
streets once a week. The manner In which the pro-
visions OF the contract requiring CARTS fr te e1ec
on of Qarbage and ashes 10 be GENT round oiy nave
Ssan nTfor,ned has not teen examined into iuy as
she extent of the streetsweeplng; omt enough was
sEced 70 show tnat they have generally been better
ehseryed In one local ", however it was in proof
that pucb a cart rad not been round IN ten days
II il clear from the evidence that the contract has
not only been violated by Mr.. Hsckley in nearly
every respect but that Of It's requirements have
been entiiey dsregarded. The heat Of Summer will
soon be upon us aud in the opinion Of the Grand In
quest, it is the duty of the proper public officers TO
take immediate and efficient measures 10 save oar c-
zens from the dangers 10 which they will then ne
posed from filthy, pestile breeding streets. tortu-
nately the contract provides that payments shall be
due only upon its "true and faithful performance
and the Grand Inquest submit that it is the duty Of
the Controller refuse any further payments for the
time past, by reason of the failure OF ais conditions
and any payment for future time, except for periods
during which the contract is truly and faithfully per-
Performed and give Doce to the contractor that he
will adhere 10 this position and IN 10 case draw
warrant for a payment under other circumstances
scless compelled by adequate legal prOceedinge IL
is also the duty Of the City Inspector 10 give mne-
date in writing to the contractor Of his fail
10 perform the duties required by the contract
aud if the same fully performed to give notice
o the Controller, tbat he may communicate the
same to the sureles and ii they fail to have the
work performed within forty-elght hours there
after proceed and have done at their expense The
City Inspector ought TO schedule OF the work
done by the contractor returned by the Street In
sectors of the several Wards be made without
delay 81 the expiration OF each week. and If the con-
tract has not been fully performed during that period
lie should notify the Controller, in order that he nay
Withhold payments and he should alec take the pro.
ceedngs before specified for the purpose Of having the
work doe at the expense of the surees. The Grand
Inquest would also suggest that the Police Commis-
soners cause reports be made by the patrolmen of
the work done under the sreetclaning contract and
weekly schedule Of failures 10 comply with the
tract 20 be made oat therefrom aud transmitted the
Controller and to the City Inspector. They also
ues the attention of the Corporation Counsel this
matter in the hope that, if practicable mneoate legal
pIoc. edngs will be taken TO relieve the city from the
burden Of this contract.
TIE Grand Inquest further suggest that copy Of
fhis preSentment be transmitted to each of the public
officers above specified and also to the Mayor to the
board of Aldermen, and TO the BoSd Of COuncilmon,
and that the accompanying map be sent 10 the City
Inspector, 70 be kept In his office for public exaui-
nation.
ABRAHAn 1YGEs FLfAKrm L. BOIIRs,
JANIS q. Dy FoXRsT, JossPH NJ CoO.gR,
RogERT LEONARD, CHARLgs 4. HUsTKE,
CTLBERT OAKLEY, LRxUEL SXiTH,
JAMES B. BOsD HuGB GARDyFR,
WILLIAM b. CoRwIS,. WILLIAM n. AOHTnIuP
EDyAKD G.. BKADsuKY, CHARLEs SxITH
CLINTON GILskRr' SAMUEL II. CORNELL,