The New York herald., 1865-02-02
The Street Cleaning Question.

The following correspondence between the Mayor and
Counsel for the Corporation will be read with much
interest throwing light upon the legality Of certain
questions which for time past have been before the
public in . vexatous atttudc:-
MAYORS OprIcE, New York, Jan Is, 1885.
Hon JoHS +. DEvErN, Counsel to the Corporation
DEAR SR-In behalf Of the commission appointed by
chapter 405 Of the session laws Of 1864 to make
tract for cleaning the Streets &c, OF the city Of New
York. your opinion srquested on the following points,
/. Can this commission now lawfully mako q contract
under the powers conferred by the above referred tor
If So what If any, legal objections exist TO the
cepance Of the proposition made by the New York ssni
tary and Chemical Compost Manufacturing Company
copy of which is herewith enciosed2
Requesting the favor OF an early reply, am, very
trnly yours, C. GODFREY GUNTHER, Mayor.
LAW DEPARTMENT, l
OvrrcR COUNSEL. CoRroRATroS Jan. 2S 1865. I
Hon @ GoDrmy GusrnER Mayor, &c. -
DEAR sR-Your communication on behalf Of the COM
mission appointed by chapter 405 OF tho session laws Of
1854 TO make contract for cleaning the streets &C. OF
the city Of New York. requests my opinion upon the fol-
l. Can this commission now lawfully make contract
under the powers conferred by the act above referred tor
II So what IL any legal objections exist to the
cepancc OF the proposition made by the New York Sani
tary and Chemical Compost Manufacturing Company
The section constituting tho above commission is in
the following words
approved by the Mayor Comptroller and City Inspector
a say $ % Dr 10 hs p bond 81 nvs ~ s s
i've hundred thousand dollars be approved by Mayor
three hundred thousand dollars annually
1t will be perceived that this enactment provides that
the amount Of three hundred thousand dollars shall be
raised annually by taxation to the expenses OF the
contract which may be entered under for cleaning
streets and is therefor continuing appropriation II Is
my opinion therefore, that the power Of the commission
20 make a contract still exists
The provision above quoted requires TINT the cleaning
the Streets &c, should be done under contactn The
word contract here used has definite meaning under
the charter of 1857 and there certain preminares
be observed before can bc entered into Tho provisions
OF the charter to which refer is In the following
words
Section 81 All contracts /. . shall be founded
notice advertised in such Of the nesspapers of the eiy as
s s ss As oS % The said
daily newspapers 70 employed and all such contracts when
Contract shall be settled by be corporsuon Counsel a. an 5
Of preliminary speeacstos I: As bid proposal and who
tract ia We manner prescribed and required by
a,on % the juscauon gmenI be approved
s The GonProe Al bids o. proposals shall be publicly
se0oe OF the Comptroller
the commission have received the offer from the
New York Sanitary and Chemical Compost Man
ufacturing Company, copy Of which you on
closed, in conformity with these provisions Il
. proper subject Sa,o for your consideration The
OF any proposed sretes with their agreement
become sch sureues In Of acceptance acconpa
MES IT, The law requires suretcs in the Of $500 600
The company offers to clean the streets for $500 00O
but has added to the specifications clause which has
hoe oeen "pr ~ cln.' me commission or tnM ae-
parmen and s nadmissibe. II Is TO the effect that in
addition TO the $500 900 70 which the annual expense of
cleaning the sxcets has been limited by the Legislature,
the company shall be furnished with dumping grounds,
piers and Croton water &c, without charge. These
PIERS dumping grounds and Coon water are property Of
the city, and Of vaue-the first two bringing In rental
and the third being sold for It's benefit by the froton
Aqucduct Department gift Of these to the contractors
would simply be increasing tho price by the
amount of their value Thus " the rent OF the dumping
grounds and piers were, say S. year. and the va
Of the troton water usd were $40 000 the contractor
insfead OF receiving $4,000 year, would actually
receive $Slo,ooo-an amount $4,000 larger than tile
legislature Las permitted the commission % pay Truly
yours, JOHN ~ DEVEblN,
Counsel 10 the Corporation.