The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-11
T Fl E r I N G..
Proof Positive of Municipal
Corruption.
~c~~~~~>~~>~~>>~~~~~~~~-
CURIOUS DEVELOPMENTS.
The Comptroller Turns States Evidence Against
tho Mayor and Street Commissioner.
TEE GREAT GAS sWxNDLE.
~~~>~~~~~~~~~~~~~~~-~
All About the Contracts Dissolved and the
Contracts to be Made.
The COMPTROLLER BREAKS THE RING,
&C.,, &c., 60.
THE GREAT GAS swxNDLE.
Omcial Communication.

To THE HONORABLE THE CoNMoN CoUNun:-
tions adopted by your predecessors the late Common
Council providing that the existing contracts for lighting
tho streets Of tho city Of New York with gas shall be ter
minated and contracts made according TO the terms
which the gas companies having the exclusive control OF
the business shall OFFER and having come to the conclu-
rights end interests Of the Corporation and against pub
lie policy but are an invalid act Of municipal legiaton
as fails 70 whn to do
herein lay before your honorable body the which
control mo in this decision.
mon Council the Both day Of December 1854 and ap
proved by his Honor the Mayor the day. They
whereas certain contracts exist betwe the Corpora
ton Of the city OF New York with the Manhattan Metro
potan and Harlem gas companies for me suppyIDg OF
as has become expedent to terminate the sarne now
belt
have the right to terminate their respective contracts
with the Corporation upon eivnga written notice TO The
contracts and the shall cease, determine and 90
absolutely at end ten days after the receipt Of said
written notice from either OF said companies BY the Street
Commissioner; and be IL further 49,
Resolved That upon the termination OF said contracts,
in the manner aforesaid, the said Street Commissioner
shall pursuant to law proceed to make a contract
contracts with the aforesaid companies for the supplying
and lighting Of tho various districts OF the city with gas
and ng up ns Lamps s fGr the pera OF one
The first branch of the subjectthat which relates TO
the right Of the Corporation TO annul contract beneficial
another contract may be made to the sacrifice OF the In
of the city and for the benefit Of the and
practically his terms, without reserve or limit
relates to the Manhattan Gnslght Company that being
the only company with which the corporal on now has
outstanding contract The other parts Of tho subject
will be considered in their order.
Tho Manhattan Gas Light Company was Incorporated
by special act of the Legislature on the 18th day OF
February, 1890 On the 9Th day of May 1888 the Cor
poration entered into contract with that company to
light all the Streets avenues and public places north OF
line commencing at the East river at tho Grand
cfrcaf md riinn ri
street. through Sullivan street to Canal street, and
through Canal street 70 the North or Hudscnriver at
yearly expense excccding ftcen dollars for each
lamp This contract contained humorous provisions for
the of tho interests OF the city and by its
torYns was continue Until the 18th day Of May 1853
On tho LIST day OF May, 1SlS 1--WE years before tho time
fixed for the expiration of this contract tho Manhattan
Company obtained another and better contract from
which the company contracted TO light the streets OF
the city, from the line at Grand and Canal streets
but limiting the nor.herly boundary to Forty second
street. from river 10 river having ben found unprof
able 10 the company to be undc an obligation to light the
outer portions OF the city then sparsey occupied Tn
stipulated that the price pr lamphtocn
dollars per annumshoud be paid, but fixed the number
OF hours during which each lamp should be kept lighted
two thousand three hundred by the terms Of the FIRST
mentioned contract all repairs OF the streets, when
broken opened to lay repair pipes were TO BIO made
under the direction of inspector appointed by the
Street Commissioner whose services should be paid for
by tho company. The new contract stipulated that the
inspectors apponted TO superntend these repairs OF
work done for tho bcnof OF the company should be paid
by tho Corporation OF tho city-an important item or
expense each year, il the nnumerabe occasions Tor
inspection were properly attended TO- Other provisions
of this contract having relation to another branch OF
tho question: wi DO referred 70 in their appropriate
place.
he last mentioned contract was continue until the.
18th day Of May 1868 and has three years to from
the 18Th day Of May next may mention, incidentally,
thai the calculation of two thousand three hundred hours
for each lamp per was made the basis that the
moon furnished light at certain periods TO an oxtent
aS of s S1;
ordinance which ignored the existence or Utility OF
the moon, and arbitrarily fixed the hours during which
the gls should be kept burning-mo0nlight nights and
others the same-by which the number OF hours each
lamp to burn increased to three thousand eight
hundred per year, and the Manhattan Company Under
the carefully guarded provisions OF their last nent ond
contract became thereby entitled TO receive twenty
four dollars and eighty seven cents for each
cally received twenty-five dollars FOR each lamp from
that date 10 tie present time The operation o: that
OF lighting the same number of lamps hundred and
thirty thousand dollars in single year ut that period
Of a comparatively limited number Of burners.
The position OF the question, so fur tho Manhattan
Company is concerned is simply:-That the city, by
solemn contract bad the right the 30th day Of De-
cember 1854, the time the resolutions under consder-
ton were passed, TO have all the public lamps lighted
at cost for each lamp OF fraction half cent
per hour; and this right. by the terms Of the
May 1868. The resolutions OF the Common Coun-
Gil, without any consideration, reason
for none Is expressed or pretended to exst-sur-
pose TO forfeit all the benefits and advantages acquired
by the contract and which to continue long, and
practically sqreRder all the Interests q the CITY TO the
company, authorizing il to charge such ano1Gls as 4
sba choos' for there Is no competitlonthere can be
none-under the proposed arrangement. The company,
that opp the contrary or can be urged in
opposition, may charge ten times hundred times
much at pr sent and thus saddle the city With bur-
dens and increase Of taxation 10 corresponding ex
tent
certainly loss to comprehend this kind OF leg
sation. do not think that very strong language
when say that il is against public policy and is pub.
lie wrongtha Is not dictated by that careful regard
for the interests of the city which should influence
municipal rulers.
II not according the principles which govern in.
divduas In their private TRANSACTIONS for would
surrender fair and valid contract beneficial TO himself
simply in order TO allow the other party increase tho
prices bind himself pay whatever that Interested
party should choose demand. The resolutions were
passed In the last days of the without any refer
ence or examination, and must conclude that their
character escaped the vigilance Of the members Of the
Common Council.
do believe that the proposed proceeding lie accord
ing TO law The officers OF the Corporation, whether leg
isatve or executive bat the trustees of the people Of
this city, and have right to give away property
its rights which are the equivalent Of property When
contract ia made by the Corporation beneficial TO the city
Its advantages vest in and belong TO the whole people, II
Is sacred trust IN the hands OF their and
tanDot be sacrificed given up as eraluty, any
groundsof favor or otherwise Every dollar added 10
taxation by any such act dollar proposed 10 be taken
from the pockets OF the people unjustly and Illegally The
regular and necessary burdens OF people surely
sufficiently heavy al the present time. The system Of
law under which our municipal contracts are made
carefully guards every step each detail by which ob
cations are assumed II expressly declared by statute
that the Common Council shall not make any contracts
is province is confined 10 the duty Of lesstng on the
SUBJECT authorizing work 10 be done, and leaving the
mode Of communicating the obligation TO the rules and re-
guations established by law, under the formal supern
tendsnce OF the appropriate executive department After
contract Is made the law gives no further power TO
either branch OF the city government over IT, except 10
see that II shall be performed. II the Common Council
cannot directly make agreement u certainly cannot
contract that obligation shall be cancelled Sogusrded
are the provisions Of the charter respect 70 Contracts
that IL s expressly declared that mo additional allow.
beyond the legal claim under any contract With tie
Corporation shall be ever made
Cf what avail is this restriction II contract can be
ss in the present instance and new
made the contractors termsp If this precedent
is allowed TO prevail where will be the limH
How many other contracts are there not held by great
moneyed corporations but by private individuals, who
are dissatisfied with their contracts for regulating and
grading Streets for building and other Of the nnumera
bio objects Of municipal contracts In which the
tractors would like 10 make better terms, and who
could present strong equitable claims for being paid
higher rcesf And II they are all TO be relieved on like
liberal terms where will be the limit Of taxation2
How can the Common Coupcil In thcac mon wo