New-York tribune., 1867-09-17
THE STREET COMMISSIONER And TIE
CITIZENS Association.
CITIZENS ASSOCIATION or NEw-YORK,
No. sl3 BROADWAY, Sept 10, 1867.

DEAR SIR The Citizens Association has received your
courteous communication III response 10 us Ie'er OF
Alter few words in reference to the publication Of its
former letter and TO the matter OF the $50 worth OF ink
stands, the Association proceeds as follows:
The Association cannot admit that 1t s in In its
our streets The Charter of the CITY of NewNork
pressy provides IN section 49, quoted by the Association
any be done complete perfect
S aorl AMI job is to he aderslea or supply furnished for The Gdpc
ration ar me several p,rs Of the sa work or snlp shall together
under ach regulations concerning It as shall be by ordinance
elected o. each Board it shall he ordered otherwise and ali con
i,'e,i @ M Iia m fg e m 5 l m or c % AVE. @% % % nj rr ys
public notice advertised sue, Of he newspapers o e cry aTsy be
at east days m each Of t daily newspapers emloel ad
ali e contracts when given, shall eveu To che lowest di,T Che
en- se oi & G rgn 70 ~. ' ~ I ] I m t T ,a Sr
prescribed and required b. oinanee ard The rieq9cy and snc
Although you assume the position That i'm the matter of
rcpavluE and repairing streets you acting upon
the authority of tie Legislature alone, it docs not appear
tAat YOU assume hat the spending OF s.SO0oO IN seven
months, m and about rcpaNiug ANA repairing tie streets
is not expenditure made Tor W"ik done ana SllH,S
furnished for the Corporation The law as quoted above
expressly states that who're such work or supply shall
amount 10 moro than $3.50 contract must be entered into
vltlAc lowest bidder. giving aJtouae ana SUFFICIENT See
cutl TO Doe approved by the Controller ioI the per
You say In the Tax Levy Of 1866 il was directed that
the contract for such work should be made with the
lowest hddc-a course which thc Legislature Tor good
Previous 10 tie year 1sc0 tlis work was performed
under the supernendence Of the CrotOn Aqurdur board
The provisions OF The Tax law Of 1865 streets rcpahg
and repairs 90 be done Ivy coniuwD, SloO,NN IL thl'
connection the Association respce I.lf cans your at'
TO he done y contract by tie Croton Aquoduet Board,
and 10y yOurs H. IL le6i as the association j. me. "tu
the Croon Aqucduct Board, 9lhOush ehPoWeieu D l"e
Legislature upon which YOU lay great stIt7l 10 nahc
contract, Gdreritsed M he oldwnY Tgy y"r proposals
therefor, dnd W Hc BeHf 300 Pufe"tu " 80 ''' 80
In the Tax Law OF 1S6C the provision Is: streets re
law ~ continued the following And it is hereby made
lawful for the Street Comlnasioncr to authorize ani
make to be made any agreement OF contract Ioi
tile purpose of maintaining repairing the roads ana
avenues and repairing streets, or any ot lhc III su
nv aud the contracts agreements shall be awarded
as shall be the interests Of the city Inc party or
made shall give such security for the faithful peifor
nance thereof the said Street Commissioners sa pre-
scribe and SUch contract or agreement StdH bt H'udc
eIept the forrest bidder otcring Gdeqate surety nor J0
any amount eTcecding tte dPPfoT'Gt2H. ~, ,,- 49,.
We 10 the provision or The law OF 1867. when
il will be whether or not the Legislature deemed
the lowest bidder Offering adequate ana Suicicht Sc
The Association would have preferred that should
have quoted the law, instead of merely giving your
opinion 10 it, provisions Ihe ~" IN me COPY m our
possession reads streets rcpaying ana repairs sSgY
me irork to be d9re by ootc or agreement dSP0rdeq 6y
lair under the direction of the street Delwre ana 40
ilsd Gs9lF'' 10 De 'nao' HI excess ' sum 1''' ''''
If it had been the intention Of the Lecslauroo have
given your department your predecessor was member
OF the seuate fun power 10 make contract or agree
ment IN the way IN yonr opinion hes, cou,ed TO I'D I'D
serve thv interests of the cty Is JUST 70 presume hat
this power would have been gwen TO you M so many
Is,
the expression " as provided by law
The point is whether the subject matero the contract
appert'dns TO work or supplies LOT IG C"rTiauon ora ON
il expressly behalf Of the Mayor Aldermen ana Com
mOnaty Of the City Of New-lork It, therefore seems
that you regarded the work 20 Dc done as work to he
undertaken FOR the Corporation.
In regard to the complaint that you purchased IN one
month s. worth Of limestone chips without contract
in quantities OF $3.50 and under You state this
and You refer the Association section 49, article
chapter Of the revised ordnanees OF lscc which you
lied directed 10 purchase the material necessary 10
make the repairs required TO the roads the SAID materials
delivered points the road where the repairs
are required and Is authorized and directed to employ
such labor may be necessary 10 Distribute such aei
ais and make such repairs, triNoid contract"
The Association not ignorant OF the existence of the
section to which you refer but IN the copy OF the
revised ordinances in It's possession the section is as FOL
lows: "The Street Commissioner Is aulhsIlcd ana
directed TO purchase materials necessary made The
repairs required The roads the said materials 10 DC
delivered at points on the ioan where lhc repairs arc
labor may be necessary TO distribute such materials
You will perceive that your clerk has made i'm
pOrtant mistakes In punctuation m cOpJ ug THIS section;
and that from the correct copy given above ~ can 5e
insisted upon with great sho" Oi lcds" it lhc "pIns
uiHOW cOHhUci' do not apply 10 thc purchase Ci NE
materials, but only to the employment Of labor necessary
10 distribute the materials and make the repairs
H. however, this Interpretation OF the section be
waived It will yet remain To be SHOWN no reheEc you OF
tie charter plOils requiring contract 10 pc Hlu.l
that this ordinance adopted by three iourts vote
Of The members elected 10 each Board Of the Common
It would also appear that you entirely rely upon
OF s. 900. expended in one month for limestone cs on
chaees VARYING from 800 to $3.50 each for 1000 loads Of
chips furnished by John W. Crnp between the 18th
No one can fail to remark the fact that special is
taken to have these supplies furnished IN quantities ~,
yOlvng the expenditure Of not more than s2D lt would
seem that your department IN practice prefers TO Keep IL
quantity without contract under the supposed authority
OF the ordinance you quote ,,. -. -
clnee ms Thousand dollars worth
the roads without contract 81 cannot make contract
nder the charter I'm sum exceeding $3.50 except by the
exnress direction Of the Common Council and IN refer
ence 10 the complaint that you are spending the s4WO
appropriated FOR stationery and blank books without
Contract Won saw among other things Before general
contract be made for such stationery ana supplies
must be authorized by the Common Council This has
II is not to be supposed that the Common Council can
take nal action IN all the details OF expenditure ucr
each department and IL is for this ana other reasons Da
it passed section 10 Of article p chapter OF the Revised
"The street Commissioner shall, when required by INC
Common Council, inquire into ana report upon any Oh ue
and s6GH from time 10 time communicate 10 ne Common
Council any qornoti0 or SmVeSto" ""o" "e "ov "''"'
ia fDOrt0Ht az relation thereto"
e association does not agree with You 10 the prac
tcal dmcuy OF making contract @ ioI @ on MI % o
at is impossible 10 anticipate tIc Aiu vi t W
stationery and supplies which VIII DC lequcu ou'S 'no
year. ...-..,.,.. ..,,. r,,,ort,nert he.
ing able 10 anticipate the Kind and quantity needed hA
the Controller bases his estimate Tor slatloiCiy Station
blank hooks in his annual budget 10 thI ~ i
sin IL is 10 be presumed that your ~
estimate 10 the COntlOutI OI thC
stationery and blank books required for year. unless
had a very definite ldca Of the KIND ana qu"n''o'
Ieeded. -, 1i.,ro %
As regards your explanation OF the expenat9r&e & Oh
81 2i7 without contract On the sp AT the i.ol Oi Vu
Kindred and xth-st and Harlem River, the ASSOCIATION
sts with yOu that the dredging OF TINS SIP III thS
manner was In consequence oI an emeIBohV' ""''"
cannot occur again" - 49, ,.,,,o. 90
regards the payment OF ss for one dozen bottles OF
cOpyng ink, the AssOcat on regrets that on 'I io
tho maine OF this Imported article of french naluac
turc" recommended for quality ana economy, anu h
which rs of a stronger and more brilliant nue. thi the
ordinary article and does not dry IN tle ttanu s9
-. 49, hlen nAun 10 nMu