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

I charge the contractors whenever q com
peient and proper substitute or success
sor is provided. We should deal with these
matters as we would with our own AFFAIRS anu
we should not allow the public money to be
paid under circumstances where we would feel
morally and legally justified in withholding
our owns neither should we for the puole pur-
sue policy such as would not be acceptable
individually, in relinqulshing the suretyship
ofa deficient workman until we can supply
his place with one more competent. am
aware of the provision, in each contract max
ing it the duty of 1.-THE superintendent of
Street Cleansing, or whoever may be deputed
for the purpose, TO overlook and supervise the
work, and report any neglet of the contractor
TO the Mayor, and to the committee on street
Clean sing and also notify the contractor of such
neglect; and II after such report and notlce
the contractor shall not Immediately rem .dy
The complaint the Mayor, upon the request of
said committee, shall direct said superintend-
ent, or other person aforesaid, tn perform the
work so neglected, at the expense of the con-
tractor, 10 be paid out of the ten per cent. re
tanned from each monthly instalmentyp and
about this the City Solicitor has said; "Thts
clause, ii seems, was introduced to remedy the
occasional neglect on the part of he contract
ors, such as can be remedied by appropriating
the ten per cent. retained, and the Mayor can
only act ON the request OF the Comm4ttee on
Street CleanSingo
The reserved ten per oentum was intended
for az dtional security to the city IL was to be
retained until all the work under the contract
was done; and 10 can be used, as was expressly
agl eed, in paying for such labor as may be
directed by the Committee on street Cleans
il e, to supply the defects and omissions of the
con ractor; but it was never contemplated
that compliance with the clause requiring
May or any latitude of authority as to payment
If the other portions of the compensation, or
any right to indulge the eontractors. co i or allow
The office of the Inspector OF Streets has BEEN
abolished, and although It's duties have been
assigned to another city official the Chief
Commissioner of Highways, who, it Is de-
clared by the ordinance of The 7th of March,
| 1865, shall be eX officio Superintendent of
Street Cleansing; he shall supervise the work
| OF contractors and report any neglect on their
| part to the Mayor and to the Committee on
contractors of his or their neglecp'-th1s duty
has not been performed, the Chief Commits
| he had not taken charge Of the matter, so that
| practically the work of the contractors
was after frequent complaints of citizens
| that the streets had not been cleaned
through the agency of the Police Department.
trust that you will appreciate the necessity OF
d and s1me w he g%e
to this matter, and who will be required to per-
| form the duty of experimenting the work; for
hitherto the contractors have been without
supervision, and, as the usual consequences,
| they have neglected to perform the work.
| The near approach of the season when the
safety of the citizens Is imperilled by unclean
| streets, will, am sure, impress upon you the
| imnortance of immediate attention to devils
| ing some plan by which the streets will be
cleansed under proper and authorized supervi-
sion, regularly and faithfully. whether this
| shall be effected by increasing the number of
the districts and thus, by reducing the size al
| lotted to each contractor, open the contracts
/
| an increase of force in the various districts as
| now arr aDged, or by other means, are matters
| which you can well determine. But this re-
| suit cannot be attained by setting an example
| ofindugence to delinquent contractors. The
experience ofthe past 81 and thS present must us,
| payment requil ed by the resolution (Which Is
| now returned) for work which the tribunal
| agreed upon by the con tracting parties has de-
| cided has not been performed, would afford to
| the citizens no promise thata more exacting
| rule-would be applied hereafter
| cannot, for these reasons, approve the res
olution requesting the Mayor to pay the Feb
| ruary instalment to contractors If this re-
| quest ere omitted 1 would interpose no OBJ
| lection to the other provisions of the resolu
| tion, and respectfully ask your reconsidera-
'ioA' 'i 'no DANIEL NJ. FOX,
| Mayor of Philadelphia.
| Mr.. Barlow moved to refer the message to
| the Committee on Street Cleansing.
Mr.. PlumIy wished the matter settled at
The res resolution, which was returned by his
| Honor, was read. 1t requires the Mayor to
| tractors. for cleansing the streets for the
| month of February, and authorizes tne super
| intendent of Street Cleansing to proceed at
| once to clean the thoroughfares, and to pay
| for the same out of the fund retained by the
| city, under the contracts, being one-tenth of
| each mon hly instal lment.
Mr' Fox desired that both the resolution and
| the message should be referred to the COM
| mittee, who upon considering each, might de-
| cide upon a satisfactory plan OF cleaning the
| streets.
tion TO refer the Mayors message to the Com
mittee on Street Cleansing-yeas l5, nays IL
and the motion was agreed to-.
| A second message from the Mayor was read,
| approving certain bills
| MIR Jones, from the Committee on Law, sub
mtted an ordinance regulating stands for the
sale of merchandise on the public highways
Mr.. Cattell, from the Committee on Girard
Estate, informed the Chamber of the recent
decision OF the Supreme Court of the United
| States, in the suit of the heirs of stephen Gil
| rard, 10 gain certain portion of the estate
| which has been fully published.
A number of original resolutions were in
| troduced.
| Bills were reported from Common Council
| and were dis posed of as follows:
| One for the support of q joint spe ctal com
| mittee to examine the books, papers, and ac
| counts of the City Treasurer. Agreed to.
| Mr., Smith moved tor the reconsideration OF
| the bill granting the sailing privilege to the
| Germantown Rail- DAD Company, which was
| vetoed by the Mayor
| on the question, "Shall the bill pass notwith
standing the veto of the MayorP' the yeas
| were 10 and the nays 6. Passed.
| Common Council bills were again taken up
The ordlnau ce establishing u wharf line or
| the Schuyl<ill passed.
| A bill 1orthe regulation of the collection oil
| the militia tax passed.
| An ordinance for the construction of sewer
| commencing at Thirty-second and Pennsylva
| mia avenue, and extending along Thirty-seconC
TO Thompson and down Thomps On to Thirty
| hrs T. pas SEQ.
The bill requiring the Mayor to station of
| GERS TN Passyunk road below Broad street, u
| prevent crU city to animals, passed.
Mr. Franciscus introduced the following;
Resolved, by the select and Common Coan
| Gil, that the Legislature of the State of Penn
| sylvanla is respectfully requested to pass the
| following bill:
That from and after the passage of this act
il shall not be lawful for any railroad com
| pany, whose road now runs to or through any
| part of the city of Philadelphia, to refuse u
sell TO any passenger a ticket for his convey
| ance on any tram from or TO said city, at
| price rate DrODOrtiOnate to the charge