The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-03-19
CITY COUNCILS.


The regular stated meeting Of both branches
OF Councils was held yesterday afternoon.
ILEcT BRANCH.-President William S. Stok
Petitions and communications being in OF.
der,
come from five or six thousand citizens iii the
southw estern section of the city, asking for
the opening OF Fifteenth street by the re lnoval
and Baltimore Railroad Company's depot.
Referred to the Committee on Railroads.
A large number of requests for gas, water
pIiately referred.
MIR. Hodgdon, from the Committee on Water,
reported a resolution authorizing water pipe
TO be laid on Fairhill street, from susquehan-
avenue on York; Third street, from
Susquehanna avenue to Dauphin street; on
Latona street, from Eighteenth TO Nineteenth,
and on Eighteenth street, south of Latona
street. Passed.
MIR. Franciscus, from the Comm lit ee on Rail-
roads, IT ported faVorably upon granting an
extension of the time in which to remove the
railroad tracks on Broad street to July l. The
committee. stated that they have the pledges
of the Pennsylvania Railroad Company and
merchants on Broad street that if tins request
is granted they will not ask u further extern
sion OF the time Appended to the report was
"a resolution directing the superintendent of
City Railroads TO postpone the removal of the
tracks until that time.
The resolution passed by a vote of 81 yeas to
nays.
A message was received from his Honor
Mayor Fox, ,vetoing a bill authorizing a cer-
tain form Of street cleansing passed at the last
meeting of Councils:
OFFICE OF THE MAYOR OF THE CITY OF PHILA-
DELPHIA, March lS, 1S69-To the Select Council
OF the City of Philadelphia: GentlemenI re-
Request o the Mayor and superintendent of
Street Cleansing" The subject of cleansing the
streets is one to which TOO much Importance
cannot be attached. Health and comfort are
deeply involved in the administration of this
measure, and those who undertake the work
must be required to execute the duties they
have undertaken, at ali hazards. If they have
made an improVldent bargain, if unforeseen
unexpected
obstacles are presented, the duty of The con-
tractors is plainly the same as was assumed by
them. And then, after faithful performance
Of their oblig at1ons, they might present for
dealing and the liberal spirit of the governing
authorities of the city. But if the contractors
have entered into the present agreement
without a determination TO comply faithfully
and fully with all its p DIVISIONS, every instinct
of justice admonishes us that they should
visited upon them.
There was a time when our city was remark
| able for its clean streets. This was one OF its
attractions and notable characteristics; but
that state OF things no longer exists, and the
extreme of cleanliness has been followed by
| an extreme of uncieanliness, though there is
no adequate reason that can be assigned TO
| Money has been lavishly expended for the
purpose, but without avail; and now the city
| has contractors who do not and will not p ar
| form the obligations of their contracts, yet
| who demand moneyed gratuity. To pay
| them for work which they have not done is to
| bestow upon them gratuity.
| On the 9th instant 1 sent Councils COM
| municatlon on the snbject, detailing the ne
giect OF the contractors, and my refusal ret to
AIRY, claimed to be due upon their several
agreements. ! presented the report made to
| me by the Chief OF Police, showing that the
| requirements of the agreement had been ut.
terry disregarded also SUBMITTED the official
| opinion OF the City Solicitor, and to these pa
pers again invite your attention. The va
| r1ous contracts describe the work expressly
pursuant t. TO the directions O Of the the ordInSnces
| authorizing them, and each contract declares
9at the CITY agrees to pay t0e @ eid up party 1
| and faithful performance of all the afore-
SAID work" The sum (agreed upon in each con-
tract), per annun, III warrants by the Mayor
on the City TreasuI er in equal monthly instal-
ments, reservlng one-tenth of the amount"
&C. To this stipulation both parties assented
| IN whiting, and the Mayor has no authority,
even il he had the inclinatlon, TO draw a war;
'full and falthfur' performance of ali the
aforesaid work. Having once ascertained that
all of the work has not been fully ana faith
uliy" performed for the preceding month, he
would usurp an authority not given to him If
he signed warrant for payment contrary to
and the opinion of the City SoncItor Is
very explicit in declaring that ''if the Mayor
| believes there has not been a full and faithful
performance of his contract on the part of
any contractor, he may and ought to with
and my duty was SO plainly Indicated
to me that 1 would have been justly
amenable to public criticism had L con-
sented to pay money out OF the City Tire As.
ury TO those who had no legal nos equitable
| right to receive H. Inc ordinances OI COun-
| ellis impose upon the Mayor great RESPONSE
bility in making him the exclusive judge of
| the ferformau ce or neglect of duty by the con-
tractors, and this power is expressly given by
| the terms of tho written agreement. Most
| gladly would I avOld the exercise of my
Judgment on this subject If could refrain
without violating my Uflicial obl CATION; Jut
required to decide all questions, both of law
| and of fact, relating 10 the contracts or TO
| their performance, have taken pains to as
| certain the facts through the officers of police
| uhe resul, of which you have with my former
&c te'mmunication), and to be instructed in the
appropriate law by the law officer of the
city, and can discover no propriety, nor jus
tice, nor expediency' ~ IN opty paying the n Goa,
which faithful performance alone would en- title
them. we should deal carefully and ju tly
with the city's money, paying all debts, but
avoiding gifts, and, aooye al, we should q eau a.,
fauiting contractors, and thus set an example
from winch the most pernicious consequences
may and probably would Follow while the
Mayor is Instructed 10 annul the contract'
upon the emergency de manded in them, he Is
according TO the opinion of the CITY Solicitor
the sole and exclusive judge, without appeal
, OF the time and manner Of doing thisi ane
whilsL Ala GAY illing ~ Kolleve Lheee eontfa9t
4 Oia ffOrn Rny nnfnfdiled OniiRQttQnN.t i M1U