Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-10-13

L NlNL i wv ZEN -.
srareliso contaies no provision Of that KIND
als INV Win regard TO Pac'ss contains this
unless approved by SAID Commissioner
OF Improvements and Assistant Commis-
sioners. and on their certificates that the
worl has been done accordsax TO law" Pa,
appears in the '.act concerning pared foot,cosS'
approved May 70, le55. The aci an relation 20
vidng for the appointment OF Commissioners,
anu prescribing their duties" That is q diff
ferent act, and was approved Nay -, 1873. lt
contains, however, NO proytsion such as have
read 10 relation TO paved footwsys; nor is
there any law OF the Corporation which re-
quir,s the work done under contracts for
grazing and graveline 70 be approved by the
Commissioner prior 70 the partial or entire
psyment OF the contractors
-. Is there ana law which requires, on the
completion OF contract for grazing or gravel
Assistant Commissioners A. None, OF which
have any know ledge. To some extent IL has
been the custom Of the Mayors To require the
approval but under the law, as il is written, It
10 require that approval or not. AT least, 1 so
unaeIstand 1t.
approval OF the Commissioner or Assistant
Commissioners requiredl A. To paved foot
ways. For illustration: In "An act concern
ing paved footways," sectien 4, IL Is expressly
bills shall be passed or paid unless approved
BY SAID Commissioner OF improvements and
Assistant Com missiopers, and on their certifi-
cates that the work has been done according 70
law" The design OF the difference, as 1 have
garnered II mp, is, in part, this: The Individual,
or citizen, must pay for pavements TO a very
Large extent, and becaose OF This the Commis-
sioners appear to be required to make the ap-
proval or part of them. Itis pro VISION look
ing apparently TO the protection OF the indiyid-
uals or C uzens upon whom the Corporation can
DdYmeHt. In ral
ton 70 the justice OF the claim. But the other
Act, with regard TO grading and gravelIing,
under the superintendent Of the Commission.
ers, but invests them with no authority or
power whatever 70 approve any estimate,
either preliminary or nnal.
Y. Have you examined tne so-called speci-
ncations attached 10 the Donovan coatractl A.
have.
q. Is there any law requiring this clause to
be N any way connected with thst or similar
contracts: "No part Of the appropriation will
be paid until the work has been approved by
tneClty Surveyor, the Commissioner OF the
Ward, and the Assutant Commissioners" A.
There is no law that would require or de-
mand such a clause 10 any specification To be
connected with q contract Tor gradrng and
graTeling. Ii such clause shou Id be put In, n
would be outside Of the req uiremsnts of the
law, one which the law does not demand.
q WHAT does the law require OF the Com
tract? A. Section Of the act OF May "a, lss3,
provides that the appropriations for the i'm
prorement of streets or avenues shall De ex I.
pended under the direction of the regular or
Ward Commissioner, and two Assistant Com.
missicners. Section reads:-"It shall be the
duty Of the eaid Commissioner, under the d..
rection Of the Mayor and the Surveyor, 10
superintend the grading and graveling, OF
paving, Of all avenues, streets" &c The spe-
cific duty Of the Commissioners, as laid do wn.
Is 70 superintend, under the direction OF the
ing OF the streets. The Mayor rs the superior
omcer, the Commissioner the inferior, ana
largely under the direction of the Mayor.
q. Does the form Of the contract actually
this A. The form Of contract, rs printed, and
which has been In use fvr perhaps some four
or five years-in fact. uch longer-and as used
in the contract In this case, req uires this -
That the work shall be completed to the sat.
isfaction OF the Commissioner Of the Ward
and the Assistant Commissioners' appoint
ed to suPerntend the work. 1t also con-
M s'se:s ms .sssH ss sp.. sPs:t e. ...I Of
work, or 70 complete il within the stipula ted
time, and In the manner equired by the agree
ment, full power and authority Is given to the
person" This !. the answer To- the nne.,,as o,nes
asked. The contract refers to, or REQ uires fne
superinte ndence OF The Commissioner appoint.
ed oy the Mayor fer that purpose, foliovise
precisely the provision OF the act of IsS3 The
act says: ut shall be the duty of the Commis
sioHer, under the direction OF the Mayor, 70
superintend the grading" DC. The printed
forms Of contract requires the same. The NO
are in harmony.
q. As matter OF fact, then, on what is that
part OF Cranes charges based which alleges
that the Mayor has wrongly advanced money
on the Donovan contract, without the approval
OF Cranef A. Upon an utter misunderstaudine
aud msappIehension OF the law as il is
written, as well as Of the form Of the contract
as II Is printed and in common use. Both
require, in terms, q simple superintendence
under tie control OF the Mayor. In additiou
10 that the law requires, and the form OF con-
tract contemplates, that IL there be any neglect
or failure on the part OF the contractor TO per-
form bis duty, that fact shall be communicated
the superiaten dent-of the work; and upon the
Comm issioner's communication to the Nayor
OF the fact that The work Is being imperfectlv or
wrongly done, the Mayor is invested with the
In addition, that il is the duty Of the Commis.
sioner TO make reports, as appears from section
OF the act OF 1853. the Language Of which Is:
"lt shall be the duty OF the said
Commissioners TO have an Office in the
City Hall, where he shall attend such days
and hours as the Mayor directs; to keep
separately records OF all their TRANSACTIONS and
proceedings; to make quarterly reports 70 the
Mayor, setting forth the appropriations which
have been made, and which remain, in whole
or in part, unexecuted; the progress therein,
and when any improvement has not been cen,
Tacted for, the reason thereof. They shall also
make annual reports, on or about the first day
Oh July, setting forth the nature, amount OF
have been made during the preceding year, or
which remain unexecuted." The answer.
therefore, based upon the law, would be- tha,
II is the duty OF the Commissioner TO make re-
ports Of the progress of any work of grading
and gravelling 10 the Mayor Ii thar be I,rcn
erly done, then, wherever there is any incor
rect conduct on the part OF the contractor, the
Mayor, being furnished by the Commissioper
with the requisite information, has the DOW
er 10 protect the city by terminating the
contract. Ii follows that, ii the Commissioper
properly performs his duty, that in all cases
tie city will be protected, and the wrong OF
the work, If any. upon his comm unicatipg
the facts 10 the Mayor, would be Corrected
provided shat the Mayor would then do his
duty.
q. Is there any law prohibiting the Mayor
from making contract for grading and gray-
cling without advertisement or noticei A.
There Is NO law which in words prohibits IT.
The law on that subject Is simply this
makes it the duty in the first place of the
Commissioner, not the Mayor, to aavertise ali
the contracts tor the period Of ten days. II
then provides Tor me subsequent ADVERTISE
ment Of the WORK BY the Mayor when q con-
tract is not given olt on the first notice, and
also for givintout the work BY days labor.
Z. What law DO you refer tot A. To section
2, OF the act Of May ~, 1853. The Law requires
the Commissioners, and not the Mayor, TO give
the ordinary ten days notice. 1t 10 true, that
It may b more or less under the control OF the
Mayor a. the chief executive oaicer Of the
city; but after all IL 10 o simple direction.
There 10 no provision In the Law which saws
that the contract shall Eot b made in any other
wsy; and, generally. when there is no such