New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-01-20
C.mp,roIicr Rrcunun on ti,e Gas Con.
CITY or .Sfw.YoRK, DEPARTMENT OF tNAEck
January TO- 1907

adopted by your predecessors the la'e
mon Council providing that the existing contracts ior
lighting the streets OF the city Of Nov.forE win gas
shall he terminated and new contracts made according
10 the terms which the Gas Companies having tseA
clusiye control OF the business shall Offer and having
come TO the conclusion that the resolutions are ECU o
violation Of the rights and interests OF the Corpofao
and against public policy but are an Invalid hc' ol
municpa legislation and that it is ny duty TO prevent
them from going into operation, 80 far Us ialls wtH
NV province to do So herein lay before your Honorable
Body the reasons which control ne Ia this decision
The resolutions in question were adopted by the
Common Council the Goth day Of December 1865 ana
approved by His Honor the Mayor on the same day.
They are with the accompanying preamble ss
Uhereds certain contracts exist between tue
OF the City Of New.iork with the MaBhaita,
and Harlem Gas Companies for TIE supp yig o. sas ~
die ent districts Of said city aud w'efes- II las p'coc "
De don't o tent innate the -aIuc. nJw be Il u,
R@re9 That each Of the aid rss companies shall have The
right 20 terminate their respective conirncs WIN the ,V'po
ion upon giving written notice 10 the street
OF their desire terminate said contrarts and the
shall cease determine and be absolutely Il an END zen us
Comrades by The stree: Commissioner and be II fnrhr
Resred Inst upon the termination Of said contracts N e
ant to s- proceed makes coube or contracts WIN .'
said eompan' the nlpins sha HF ,a ~ ~ ,
i isss.1 i'i Tie i''oo o. 0'' '' '''" ''' w -
the night Of the CORPORATION IA annn contract beheh-
oial to the city, having several yenrs 10 run III Oiuo
that another contract may be Wude 10 tle sacIhuc VI
the interests II the civ and FIR Tie bene oi thc con
tractor aud practically his own terms, without re-
serve or lmit-rcatcs 10 the Manhattan Gaslg' c9m
pany that being the only company with ioh The
roritiun now has outstanding contract 4Lo o'H'i
pnrts of the subject viii he considered IN their order
The Manhattin Gas-glt Company was inoorporated
hy special Act Of the lcgis stature on Inc son u'} %
Feuulrv. I.3O or the eth day Of May lst, the Cor
p0ration entered into Contract WITH taat COMPANY "
light all the streets, avenues and Pubic places norm .,
line commencing at tho East RIVER. NJ ,nc 10y u
Grand street and running through Grandsuec To SUI
street through Sullivan street to canll-sfcet
and through Caaa street Ia the North or inuson in'e
AZ a yearly expense not exceeding nt'eh u'N.is ~
each lamp I bis contract contained numerous Prov,
sons for The protection II the incpsts oi III" C! ana
he is terms VAS TO continue until lie 1911 da! OF May
ltfl
On the lst day Of May. isls five years before The
time fixed for the expiration Of ts contract te hhn
haitian COMPANY obtained another ana IciteI CON
tract from Tie city yirtnay abrogaiing thpt tcn ci
i,tng nv which he Couqauy cor traced 90 light tic
s,rcc,s ~ Tho city from II same line AZ Grand aud
Canal.sreets but linitns tie northeil boundary 10
Foiy second street from rer to iYor having Deeh
found Improbable to The Company 10 DC unoel oD',sn
ton 10 light the outer portions IL hc city, then spAsey
occupied This contract stipulated that Tue same pice
per lamp fifteen dollars per unnnn, shcnd De pau Dut
liked the number of hours during Which cach lhhp
shond he Kept lighted NJ tSO thousand three hundred
By the terms 81 the fist mentioned cont act al re-
pairs Of the streets when broken or opened to Jay or
lei
inspectors appointed by the street tomuis-lphcr
whose services should b. paid FOR by the COMPANY
The contract stipulated that ;he inspectors NJ
pouted 10 tunorutaId these repairs Oi roik done oi
tie bcuCl 81 tie Company were to be PAD bi The Cor
p0raton II the ciiy-gn important tCn OF expense
each wear " the nnnmcrahe occasions for inspection
were properly attended 10. Other provisions Of TN,
contract, having relation 10 another branch Of TIE
question will lie referred 20 In their npprupfiie pace
The Inst mentioned contract was 10 continue unil
the 18th day OF MAY s6 and has three years 20 ran
fu....s h. slft
denmlly that the calculation Of two thousand tire
hundred hours Tor each lamp per anaun YES mlde on
tie bnsis that tie noon furnished gh, AZ cerain pc
RODS To- extent which rendered gas ilgit unnecc'
sary bit that the 3st day ~ Dcccmhcr lt'1. the
Common Couucil passed an ordnance which ignored
The existence or Utility OF tie moon, hhd arulliaii!
fixed tie hours during hic the cns should DO Kept
burning-mOunlirht uiE' q AID others the tame-h!
which the number Of hours each lamp was t. bnrh wa
increased to three thousand eight hundred per 'crr
Tie Mlnhai,nn Company. under mo caIcin1 flaiu
provisions Of their lrst-mcut!oned contract, became
lhereby entitled TO rcciye tHeni! iols d"'Ta = "a
eetyseyen cents for each lamp Instead ~ htecn dol!
lars and have practically received twenty i've i,ai.a
for lImp nom that Gate TO Tie prcs'nt tho Ibe
opei al ou Of ordinance o. it.J IN Ne WHO'D" cts
VS.. 10 Increase Il o,s Of lighting the same nuuhcr -
lamps one hundred and thir thoufund collar. ~
single year AT that period Of compHau'ei! Mated
number Of burners. .
The position Of The question far the Manhattan
Company Is concerned il .iu ply; lhnt the city. by
solemn contract had the right on The JOih day q De
ccmber Ie6 TIE lime the resolutions under consider
alton we're passed. tu have all TIE pubic lamps, niitu
The district Of that contract lighted NJ cost for each
lamp OF fraction over half cent per hour nud this
right hy the terms u the contract, was to continue IN
mi the st day nf May rt-. Tic resolutions OF the
Common Council without ANY consideration. cane" or
for none Is e1pres,ed or pfciehdcd 70 SA coy
renders aud l,es up 10 tie COMPANY t.is otntHtun'
proposes Ia forfeit all the benefits ana advantage De-
CURED by the contract and which ARE TO coni,nne 20
long and practically surrenders all the Interests of the
city 10 the company, authorizing II 10 charge such
amounts il shah choose. for there Is no cou petitcn
there can be rone-under the proposed arrangement.
a -. ft.4s.
be urged in opPo,i,on may charge ten ti'nos or
hundred times az much as al present. and thus saddle
the city with burdens and increase II taxation 10 cor
responding extent
Iccr,aInly am AZ a loss 10 comprehend this Kid NJ
eyislaiiun. do not mink that use very .-ong Ian
guaFc. when cay that II IS against public policy. mid
Is public wTonsthat II IA not dictated ly thu rc.
fu regard for the interests OF tho city which shou n
GueDco our municipal rulers.
IL 10 not according 10 tho principles which govern IN
dNJuas In their private transactions. Tor DO man
would surrender far and valid contract. r.uecil Z"
him8cl simply IN order % ALLOW tho ocr party 20 ia
crease the prices and bind himself 10 pay whatever
resolutions passed in the last days Of The session
without any reference examination, and must con
cudc that their character escaped the vigilance VI the
members ~ the Common Council
do not believe that The proposed proceeding Is nc
cording 10 law. The officers Of the Corporation,
whether legislative executive are but tie trustees Of
the people Of Ills city and have right 20 give away
its property orits rights which nre the equivalent OF
property. When contract Il made by the Cooperation
beneficial the city it, advantages vest H. and belong
10 the whole people is sacred ;rust In the hands OF
their representatives, and cannot be sacrificed or given
NJ us graiuity any grOunGs-Of favor or other
wse Every dollar added 10 taxation by any such act
is dollar proposed to be taken from the pockets VI The
people unjEsy and Illegally. The regular md neces
sary Burdens Of people surely sufficiently heavy
at the present time
The system Of law under which municipal con
tracts made carefully guards nj every step each de-
tell by which obligations are assumed. Ii 10 expressly
declared by statute that the Common Council snail not
make any conraotts province Is confined 10 the duty
OF legslatng the subject, authorizing work 10 be
done and leaving the mode Of consummatiug the obi
cation b the rules and regulations established by law
fnrn,nl DndrnCe Of the nnrrnrrlrc