The New York herald., 1865-01-20
ne CITY AND THE GAS MoNOPoLEs.

ne xaw and the Facts Of the
Matter,
&C., Sc, sc.
DRARrnrr on FMANcE, JAN 16 1856. !
10 uH HoSoRABLg THE CoMnoH CoUNcIL-
0xsrLRMns-Havng carefully considered tho resolu.
esns adopted by your predecessors the late Common
Ceunc providing that the existing contracts for lighting
~ streets of the city OF New York with gas shall be
minated and contracts made according the terms
which the gas companies having the exclusive control Of
on that the resolutions are not only violation Of tho
rights and interests OF the Corporation and against public
yolcy but are an Invalid acs o. municipal legislation
operation, 80 far as falls within my province TO do
herein lay before your honorable body the which
Ths resolutions question were adopted by the Com
mon Council on the S0th day Of December 1884 and ap
gsvsd y hs Honor the Mayor on the same day They
Whereas certain contracts exist between the Corporation
e ths city Of New York with the Manhattan Metopctan
q :iss.:2s Si;sss: y ria .isy
- rshs 70 ssrmnss their respective oonracs with the
e sss
"a companies Sy is Street and pissis Be- i
s .S
q .iors:sd sompspss tSs supplying shtns
srsn FOR he period of one year from Tie i2h Janua
The first branch OF the subect-that which relates to
~ right Of the Corporation TO annu contract beneficial
2 ns city having several years e run IN order that
tss Of the city and for tho benefit Of tho contractor
and practically on his own terms without reserve
1mlt-rclates TO the Manhattan Gasight Company that
being the only company with which the Corporation
Aas an outstanding contract Tho other parts Of the
0uhject will be considered in their order.
The Manhattan Gaslght Company was incorporated by
special act Of the legislature on the 26th day Of Feb
ray 1880 On the sth Day Of Nay 1883 the Corpora.
"a the Streets and public places north Of line
commencing At the East river, al the foot Of Grand
ssvsn street. through Sullivan street % to Canal street.
md through Canal street the North Hudson river
. yearly expense not exceeding fifteen dollars for each
Imp. This contract contained numerous provisions for
tho protection Of the interests Of the city, and its
vas 70 continue until the 18th day Of May 1853
Axsd for the expiration Of this contract the Manhattan
Company obtained another and better contract from
ne city virtually abrogatins that then existing, by
he city, from the same line at Grand and Canal Streets
bat limiting the northerly boundary to Forty second
street, from river to river, IL having been found
Improbable TO the company 70 be under an obli-
0aiion light the portions Of the city then
same price per lamp, fifteen dollars per annum should be
paid but fixed the number Of hours during which each
Imp should be kept lighted at two thousand three hum
red By the terms OF the first mentioned contract all
Teprs Of the Streets when broken opened TO lay
Spar pipes were 70 be made under the direction Of
ssrvcss should be- PAID for BY the company The new
contract stipulated that the inspectors appointed TO
pensed these repairs Of work done for the benefit Of
Gey-An important item Of expense each year, II the
nnnmesabe occasions for inspection properly At
on % another branch Of the question win be referred
eo In their appropriate place.
me hst mentioned contract 70 continue until the
H11h - Nav Ie08 In vy1nf fpoun
~ l2th day Of Nay next may mention, incidentally
Nat the calculation Of two thousand three hundred hours
1Sga furnished Light ct certain periods to an extent
which rendered gAsght Unnecessary Unt that on The
slst day q December 1855 the Common Council passed
neou and arbitrarily nxed the hours during which the
e should Se keR. nights and others
he a%s-by which the number NJ % Of n hours each lamp
1Ssd Per year. The Manhattan Company, under
shs carefully guarded provisions Of their last
twenty -four dollars and eighty cents for each
amp instead of fifteen dollars and have practically
. he present time The operation Of that @ ordinance Of
1858 In the whole city was 70 increase the cost Of lighting
ne same number Of lamps hundred and thrty.one
thousand dollars In single year. at that period Of
paratively limited number Of burners
The position Of the question: 30 far as the Manhattan
soemn Contract had the right on The soh day Of Deem
ber 1894 the time the resolutions under consideration
were passed. have all the public lamps within the dis
u
fraction half cent per hour and this right by the
terms Of the contract to continue until the LIST day Of
Nay, 1885, The resolutions OF the Common Council
without any consideration, reason. for
expressed pretended TO exist surrenders and gives up
70 the company this obligation proposes to forfeit all
She benefits advantages acquired by the contract and
which continue 80 long, and practically surreners
al the interests of the city 70 the company authorizing
70 charge such amounts as II shall choose, there Is
c0mpetition-there can be noneundcr the proposed
arrangement The company, for aught that appears to
The contrary can be urged in opposition may charge
ten times or hundred times much present and
thus saddle the city with burdens and increase Of taxa
tion 70 q corresponding extent.
I certainly am at loss TO comprehend this kind Of
legislaton do not think that use very strong Ian
guagc when say that II is against public policy aud Is
public wrong-that II s not dictated by that careful
gard for the interests Of tho city which should influence
nos according 10 the principles which govern ndi-
vduas in their private transactions for no man would
simply In order 70 allow the other party TO increase the
prcss and bind himself 10 pay whatever that interested
d n the sst days Of the session without sny refer
snce examination, and must conclude that their
character escaped the vigilance Of the members Of the
90 mot believe tina. the proposed proceeding is 40
eording 70 law The officers OF the Corporation whether
legislative or executive are but the trustees Of the people
Of this city, and have right 70 give away It's properly
er its rishts which are the equivalent Of property.
When . contract 10 made BY the Corporation bene-
ths whole psopis-Mis sacred trust in the hands Of
their representatives and cannot be sacrificed given
q % sss, CT ss'i ss
dollar proposed 70 be taken from the pockets OF the
people ulusy and Illegally The regular and necessary
burdens q our people arc surely sufficiently heavy as the
The system Of law under which our municipal contracts
made carefully guards at every step each detail by
which obligations assumed II expressly declared
BY statute that the Common Council shall not make any
contract-its province Is confined 70 the duty Of lsgis
1Atins the subject, authorizing work 70 be done,
snd leaving the mode Of concentrating the
obligation 70 the rules and regulations estso
nshed BY Law, under the formal supcrintendence
u the appropriate executive department After con-
txact made the law gives further power 10 either
branch or the city government IT, except 70 that
shall DO performsd n the city cannot directly make
IN agreemsnS certainly cannot contract that an obga
CATION shan - eanoesd so guarded the provisions
Of the chanef reect 10 contracts that s expressly
declared ms no additional allowance beyond the legal
claim, under any contract with the Corporation shall BE-
or what avail this restriction n contract can be tar
minated ~ In the present instance and new one made
tho contractors own ermsf this precedent ID al
How many other contracts are there held by great