The New York herald., 1872-08-30


the Comptroller, relative to repairs to wooden
DEPARTMENT or PUBLIC WORKS.
COMMISSIONERS OFFICE 26o BROADWAY
NEW YORK, August q, 1872.
To TIE DEPARTMENT. OF FINANcE:-
After lapse OF three weeks since my communi-
t cation of July "a transmitting copy Of the opn-
the authority Of this department to have the
maintenance and repairs to the Cr0ton Aqueduct,
pavements done otherwise than by contract at
public letting am In receipt OF your reply thereto,
In view OF your statement that you have directed
the bills OF L. II. lngerso for repairs to- wooden
pavements to be audited for payment, l should
consider further correspondence on the subject
unnecessary, were 1t not for several assertions
contained In your communication which call for a
You state that .the opinion OF the Counsel to the
Corporation has no application TO the particular
the Bills or facts relating TO them We're not ap.
parenty laid before the Counsel to the Corpora
In rentation OF this assertion will simply quote
from the opinion "A repair In each separate
place at which repair Is needed may fairly be rel
garded as constituting separate job, and thus the
fact that two or more jobs, IN the aggregate ex-
Ceeding one thousand dollars in amount, are to be
M aen n bo tne
therefore, Of the opinion that the expenditures for
repairs, referred to in .yoar communication, have
Ss 1 sd HsSS sSna upon
It is difficult 70 see how the Language, Of the
s to the @ SS %sds Or %STs sow
1t could be misunderstood by the most obtuse
mind. Apparently It did not suit your purpose to
understand 1t or to act by 1t.
The head Of the Departments Of Finance is well
aware that the date OF bill Is not positive index
Of the time when the work materials e . or services
lay much stress upon tile fact that bills. In the
aggregate amounting TO more than $1,000 were
partment show that. while orders were issued ct
different dates for repairs to wooden pavemepts IN
ana and on of
on the lines OF the several streets and avenues,
each amounting to less than 81, 600, the work per-
formed would not be measured by the proper
officers Of this department until a number Of jobs
In the same street were completed This was done
In order to save time and expense, and, as In all
cases. to secure an accurate measurement, the
rubbish and dirt covering the street had to be re-
erence to the measurment a. only and not TO the
time when the work was actually performed
You assert that "f this course" contract by pub
work of Mr.. Ingersoll am satisfied the result
would have been equally as good work, and saw
the amount OF his Bills at which rate understand
responsible parties are ready to do work Of this
The price paid Mr.. Ingerson for repairs to wooden
pavements Is $5 per square yard The Nicolson
pavement laid on Mercer street and Pine street.
square yard; other wooden pavcments latd in this
city cost so and as high as SO so per square yard
e n Ss nm ne ao oa % Hs
beyond the city limits 1t Is therefore more expen
sive than the laying OF new pavement. Mr.. Inger-
soil 8 pavement, like all other wooden pavcments,
is patented, and can only be laid by the patentee
or by his permission. Tnts fact alone excludes
pavement now in use In this city. 1t is impossible,
therefore. that work equally as good could have
been obtained ~ awarding contract TT to the lowest
have been lcss
In answer to your persistent efforts to impute to
me violation or the charter can only say that,
between your Interpretation OF the law and the
opinion Of the Counsel to the Corporation, whom
adviser OF this department, am in duty bound to
respect and abide by the latter until 1t is set aside
by higher legal authority.
gard OF the charter, aud that the first information
which reaches you OF such work being undertaken
is furnished by the labOrcis demanding their pay"
Further. 'it must be expressly understood by your
department that no further work is to be done OF
this character without compliance with the provis-
Ions Of the charter"
Am to inier from this that must obtain the per-
mission of the Finance Department before employ
Ing laborer or commencing piece OF work. The
law imposes no such duty upon the head OF de-
partment-each being personally responsible for It's
Upon my accession to office personally ex-
pressed to you my earnest desire to co operate
Nnae sf or the Civ ~ o cJUs
frrtherance OF good and economical adminstra
tlon and you promised me your hearty support
upon the best manner or executing the much
needed repairs to street pavements and your
pairs bear witness TO the fact that my offers OF
operation were not mere empty professions But
was impossible, because in your estimation Il means
absolute submission to your views In all cases: and
you endeavor to enforce such submission by arbi.
trarily Withholding payment. not only rom persons
furnishing supplies and work to this department,
but from persons employed by It, embarrassing 1t
In all Its operations and causing distress and dis
satisfaction among the workngmen.
do not hesitate TO say that, II your interpreta.
tOn OF section 104 OF the charter were binding upon
m n lea n
temporary suspension OF all business In several OF
its bureaus as well as In several branches OF the
city government, who draw their supplies from
the Department OF Public Works. Your own requ
s.tions made from time to time, usually for i'm
mediate supplies or repairs to markets, amount In
the aggregate 10 many times the sum OF $1,000,
aud could, therefore, only be furnished after going
through the formula and delay ofcontract by public
letting.
Leaving aside the legal. aspect OF the question
and speaking merely. with reference to the two
tract by public lctting-I wish 1t to be distinctly un-
derstood That will use my authority and discre-
tionary power under the provisions Of the charter
the present contract system, which Ibeleve to be
In the highest degree unsatisfactory and in
formed as to do away with existing
abuses However incongruous with your present
entertained similar views ut one timc as expressed
In lengthy report to the Central Park Commits
sion several Years ago anu published % In the city
say 1.-THE contract system has its advantages. OF
which public officers should avail themselves; yet
under that system In vogue IN this city, what have
we witnessed but frauds In bidding, combinations
In bidding abandonment OF contracts. straw secu-
rifles, lawsuits n.uncsioDs claims for extra work
and the whole swarm OF vcyatI0us arts and arti-
fees In the mystery OF contracting that the inge-
nuity OF men bent on gain could devise, In many
Instances carried to such an extent that reliable,
competent mechanics and contractors have left the
field Of competition, finding II impossible to COM
pete with the arts OF dishoncstyfn
You refer to the contract for grading Eighth ave.
nue. as case In point AMI say :--"Ths Is not q
solitary case public buildings, sewers, pavements,
grading streets and other classes Of work will az
ford far too frequent examples"
You also alulc TO an examination into the prac-
tces or the CrOton Department and say:"Al
though the CrOton Board Is one OF the departments
OF the city government ana Is bound by the pro-
visions OF the charter or the city relative TO con-
tracts vet none OF the laying Of their pipes s done
by contract, but by days work, under yigant su-
pcrintcndencc. This Is because of the Importance