The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-12-12


There is mHnifestly a disposition on the
part Of the present City Council TO -epudIate
\ contract made by the former City Council
with Niles Co., Cincinnati, to build a new
engine for the KaterWorks. The present
WaterWorks and Finance committees, nader
instructions, visited Cincinnati 10 base that
eoRtraet rescinded, in which however they
failed. A meeting Of he City Council IVES
called % the = alt, . receive and cor
sidef Of their report, which was quite q
lengthy document, in which, emongst other
things, they say:
The undersigned, at the outset, formally.
but ", notified the Secretary OF the
Niles Works, who is the authorized agent Of
the same, that the Mayor and City Council
/ Of Nashville do not sdmil that any legal
contract exists between the corporation OF
| Nashville and the Niles Works, and that
the latter must look 10 Mr.. J. Z. Bauman,
or "whOm u may concern" for the fulfill
/ ment Of the terms OF the contract Of August
2sth last, entered into with them BY the
said Baumau, probably Is the attorney, in
fact, Of the Mayor and the Chairman Of the
| Finance and Waterworks committees Of the
/ City Of Nashville. We stated that grave
legal difficulties enveloped the whole sub
isct, TIE ultimate Of which We could not an
4 ticipate; but that, nevertheless, under the
| recent action Of the City Council, We were
| instructed 70 inquire upon what terms, IL
any. the contract, or supposed cont act,
might be set aside, aud the corporation Of
4 Nashville released from ali claims on the
| part Of the said Niles Works.
Now, if that contract be illegal, in what
does il consist Was there an inIOrmality
/ Of such a character on entering into the
/ agreement on the part Of the City Council as
10 me Ike il null and void In the month Of
| March last the following resolution passed
| both Boards Of the Council, to-wit:
"Res0lBsd, Rg the Board Of Aldermen and
Common Council, That the Committee on
/ Watersorks, in conjunction with the FL
nance Committee, be, and are hereby su-
thorizel 10 contract for the building Of .
new engine pump, supply aud discharge
pipes Tor the Naterw0rks and that they
contract for the building aud completion Of
the same IS sO0n Is possible"
| In accordance with the above resolution
the two committees appointed John /.
Bauman, superintendent OF construction,
who, alter making she proper drawings,
specifications. etc, advertised proposals FOL
bids TO build the engine, Niles 1 Co.. Gin
cinnati being the lowest bidders by 20 est
| mate Of about SIS 900, the work was let Out
10 them BY contract, which was ratified by
the Board Of Common COun' IL, September
18th, 1868, aud by the Board Of Aldermen
September goth, 1855.
There is no conceivable reason Why thi
sontract il not binding on the city, creep
the ground be taken that the members o.
the former City Council we're appointed by
, Andrew johnson, act ng % Military Cover
nor without authority, and consequent,
that body had no power 10 act IN the prem
ises. We suppose these are the grave lie
gal difficulties" alluded 10 in the report
. which, if correct, would make all the act
p | Of the appointed city Council for three an,
a half years 'snul and void The etis en-
Of this posi- i0u, if sustained, would be pro
1 ! ductiye Of much evil and no good, beside
. making an issue with the Federal Govern
, meHt when ia the exercise Of its powers TO
the restoration of civil law in the UnioI
and under the Constitution.
9 The imperative necessity Of erecting
. new engine for the Water Works is Obvious
/ and even admitted BY a resolution OF tn
Common Council at its last meeting.
7 The supply OF water to the city Is entire
e | ~ dependant upon the large engine at tn
| Waterw0rks, which has been in cOnstan
| service for over eleven year,, aud liable a
any moment 10 be rendered useless by SOM
D | untoward accident. The inconvenience
e. | aud insecurity against frs on the happen
ing Of such an event might be better i'm
| sgiued than described. The contract Will
! Niles i Co., was entered into by Andres
{ Anderson, Chairman Of the Waterwork
p | Committee, and Joseph B Knowles, Chair
man Of the Finance Committee, en- the par
10 Of tho city. The former gentleman having
% | served one year IS Mayor, and seventeen
4 and 3. half years, end the latter eIgbteel
| years as Aldermen and Counoilmen OF IN
A., city. The character Of these old citizen
for honesty, judgment, and bus ness caPaci
e ~ Is a sufficient guarantee that the terms o
b, the Niles & CO., contract Is favorable 10 M
best interests OF the city, and that the citl
70 revenue, under ca economical adminIstTa
b tiQu Ct muniOipal affairs, is ample TO NEE
30 the p5yIueu3s a. they become due. Il.