New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-03
cRoToN AQUEDCCT DEPARTMENT.
NO BIDS AWARDED.

NO BIDS AWARDED.
On Wednesday last proposals were to be opened
and contracts awarded by Coton Aquedact Department
for sunry street in the form stone block pave
mens and construction Of AT that time however,
owing absence Of A. W. Craven esq one OF the members
Of the Croon Board adjournment was had until Monday
at IL o'clock At the latter the matter further ad
Iouned by the Controller sending to the Croon Board the fo
lowing communication
err or NEW oRK DEPARTMENT OF FIsAscE,
COMrTRoLrER's OFFICE, Sept q, 1866 5
GENTLEMEN. consider to be my duty not TO be present
at the opening the bids for the large amount OF work for
stone and proposed to be awarded BY you this
Ky conclusion in this respect based on two grounds
First Because the list Of jobs intended TO be awarded today
embraces work that cannot be LEGALLY done such as building
whore the street Is not opened by law ana $500, .
Second Because the greater part OF the work proposed 70
be let cannot be performed consequence of the
amount Of work Of tic same description already let by your
Board and because in eases even tho material eod
setting Of Winter weather You propose to let to-day con-
tracts twenty different jobs amounting in the aggre.
subject 20 the objections have specified As all the jobs are
advertised be h at the hour today and my presence
would permit them oil 90 be awarded cannot avail myself OF
objections consider II my duty 10 make without aDstang
altogether from being present viii DO happy to confer With
your Board and agree early day for the opening OF bids
for the work not subject to objection.
troll Of all the fiscal OF the corporation and makes
his presence at the opening Of bids for contract work for the
corporation necessary 70 the validity OF the contracts II has
qurement Of the law is merely formal provision and
S@f not or syoTe linn y aUy po2 op any %prO
dent illegal otherwise Obectional contract cannot so
regard It. Tia legislature have imposed the duty the
Comptroller Of being present and taking part in
essential to the creation OF legal obligations
the part of the Corporation and understand why this
duty not involve responsibility every other
the time is to be lei, know believe that
there objections which in conscience and duty would make
improper that the should be let cannot perceive
what grounds could justify my presence to give validity
to it, and that though heads Of the Department pro
posing the contract should differ decidedly with in
and weight Of such objections II the
exercise Of the duty in these instances any other which a
within my province shall interfere with the discretion and in
dependent action when depaT ment may claim ioT itself can
at most only regret the facts cannot change the law or AVOID
it, obligation The law imposes tho Cay and must perform
IT, with all ts responsibilities have thus aladed to The sub
Jet because am that your Board dispate any right on
uy part exercise any judgment in the premises and that
have alternative but TO be present. whenever you summon
II needed for the action Of the Legislature in
giving the Comptroller power to intervene against ne MAKING
OF Illegal mpodent contracts they may DO founded on the
fact that that officer being charged with az the hsea concerns
Obligations arc not created which cannot be met or which win
lead TO the embarrassment OF the City finances
the city with trap block pavement Your
Board already during the present year, let 40 jobs for
at cost OF over $O0 This extent OF work has assured
exhausted the for the material required and the only
effect OF allowing the contracts in question 20 be made now
will be 30 enhance the prices, and 10 provide Tor the
appointment Of snpenumoray Inspectors, whose salaries
Improvement tho corporation the may be
With the appointment Of these Inspectors after the contracts
expense ordinary and Informed that Board
appoint Inspectors for the Job be in
heavy item In the cost and should enter into the
question Of the prOpcty Of letting the contracts at This time
be said TINT tho corporation have no direct interest IN
the for stone pavement because the ordinances au
tOzng the works provide that the entire erpes is 10 be
borne the OF property. consider that am Just as
much bound 10 protect the owners OF property against unjust
exncii0s and heavy, unnecessary expenditures, as am TO
stand between the corporation and any such improper attempts
AZ liability IL this otherwise the practice has been In
these s after authorizing the WORK with the stipulation
that O property shall bar the entire expense for
the
charge the corporation with half the EXPENSE and this
has been done In instances AFTER the assessment lists
have made up must looking 10 the practice Ia these
regard the corporation having direct Interest aneet
ing the appropriations by the Legislature and the finances OF
the city IN all these cases.
would remark too that the -of letting these
tracts supposed obligation Of the Of property
bear the whole expense and sabcq ehuy charging the city
with half thereof grave abuse II that charge were
attempted the proposed b. let the contract
could legally made because tie appropriations limited BY
the tax levy would meet them Tie law Is consequently
evaded IN the mode have stated and the debt OF the city
tarrUhy Improperly sxtnnded.
would also present. pertinent this sut5ee., ths
numerous IN which, ater work has been per
formed OF purely 0cal character the assessments have
been aside by the technical grounds and the
,bt charged account Of s3OJ upon inc
city large the principal aud interest oi which must DC Pald
by taX3tiOn
which have alluded irregularities which inyalidate
the assessments and thus eventually the entire expense OF
work started pr, enterprise made 10 Tall upon the city
large swell the which fall 20 uneyeny upon Or Gu
There are other objections the letting Of these contracts at
the present which and which nay suggest
az another period hue these hope vii he deemed sufficient 20
Justify declining he present ~ the opening OF the nds
in question. Very respectfully