New-York tribune., 1872-08-30
MUNICIPAL CORRESPONDENCE.


THE LEGALITY OF REPAIRING STREET PAVE
MENTS AND LAYING WATER PIPES BY DAYS
WORK.
On July q Commissioner Van Mort called
the attention of Controller Green to the opinion of the
Corporation Counsel relative the authority OF the De-
partment of Public Works to have the maintenance Of
the Croton Aqueduct the laying and repairing Of pipes
and the repairs street pavements done otherwise than
by contract at public letting. On Aug 10 Controller
Green replied stating that he had directed the bills OF
S. H. ngerson for repairs to wooden payements TO be
audited but adding that the opinion of the counsel to
the corporation had application to the particular
question presented Mr.. mgersolPs bills and that the
bills facts relating to them not apparently laid
before that officer. In feutaton of this assertion and Of
the allegation that he making contracts in violation
of the charter Mr. Van Mort has prepared elaborate
reply, OF which abstract can here be presented
He claims that the language of the Corporation Counsel
explicit and positive upon this subject; that 1t was
unfair the Controller to lay much stress upon the
fact that bills in the aggregate amounting to more than
OOO were rendered the day; that the records
of the department show that while orders issued at
| different dates for repairs to wooden payements
| in separate places, generally on the So
citaton and complaints of prOperty-Owners in the
lines Of the several streets and avenues each amounting
to less than 81 OOO the work performed would not be
measured by the proper officers Of the department until
a number Of jobs in the same street were completed
that the date Of these bills therefore, has reference to
measnfeent only and not 70 the time when the work
was actE4y performedi .nat Mr. Ingerso was paid IS
er square yard for repairs 10 wooden pavements and
that work equally good cOOid not have been obtained
by awarding contract to the lowest bidder and that
the Corporation COunses Interpretation OF the law is en-
titled TO respect until it is set aside y higher legal
authority In reply TO Mr. Green's words "it must be
EXPRESSLY understood by your department that fur
ther work is TO he done Of this character without
nIi5nGe with the provisions Of the charter Mr. Van
Mort says:
Am to infer from this that must obtain The permis
sion Of the Finance Department seTro l ielnpUgIms
aborer or beginning piece OF work Inc law imposes
no such duty upon the head OF dGpat9eA eaIn oeIng
personally TespGnSiGHe& H & ISF r. o section Y6
OF the charter ysre 1indlng upon this department It.
would result IN at least temporary suspension OF al
branches Of the city government who draw tnelr sup
plies from the Department OF Pubhc Works nouf OMn
IequisOns made from time TO time, usually Tor lnlne'
date supplies repairs to markets amount III tne as
gegae TO many times t9e sum OF so ana co., GouH rneTG
and delay of contract by public letting Wsh u 10 De
distinctly understood that VIII use NY "a SunOy wv, aI
10 fullest extent in favor OF days work. until the
present contract system, when believe TO DC IN the
highest degree unsatisfactory and injurious TO the pub
lie interest," is reformed as to 40 away win existing
abuses.
Controller Green also sent to Commissioner Van Mort
Yesterday long communication in explanation Of the
following phrase his previous letters relative to wooden
pavements: "Other work is proceeded with by your
department in similar disregard OF the charter" The
letter is in substance follows:
He cites two contracts made by the former COmms-
siOner of Public Works with John Il. Greene without ad
yertisement letting upon bids, required ~ law,
for laying water pipes from F0rty-secondst thIough
Madison-ave Tweny-siXth-st, Thrdave., the Bowery,
BeecKer and MOtt-sts. Chathalnsquarc, New BOWery,
and adsOn-s to Pearl-st The eCOnrOerclams that soon
after the present Commissioner OF Public works was
IN PFferepce 10 Mr. Greenes contracts ana tohe execu
tion of the work which these contracts apply. and
after some delay, and without informing the Depart
ueut of Finance OF his intention, hc proceeded with the
men for payment. Under the statute providing for the
removal OF the aqueduct from Ninety -thrdst 10 one
ana TIE laying OF large pipes
in lieu thereof, the Department or Pubic works
has distinctly the discretion to contract or employ
mem aud thus far in the 20 blocks Slj6J u have been
expended, chiefly i'll blasting rock and eXcavang pre-
over the city by contracts daily but in the law under
which men laying the large pipes In the lower
part OF the city there is no such provision and it was
fbe dufy Of Mr. Van Mort TO advertise ana let the
TO the lowest bidder. The Controller claims that the
0uestiOn Is not Of preference of method of doing
the work but what the law commands. If Il discretion
were given by the w,One might choose one method ana
another different method, hut there Is no such dscre-
zion left in this case He states that the work
which Mr. Van Mort is doing by days labor
can be executed equally well by responsible contractors
al fully 30 per cent less than the prices OF MI Greenes
contracts The total amount OF these contracts VIII be-
uuder prices not less than SG55j 30 cent OF
which would be f9636 co. He has, therefore, directed
the hills of Mr. Greene he audited at fair valuation
will be paid upon release being given by him of all
claims under such contracts. He viii also provide Tor
the pay of the abOIers the rolls already forwarded
10 his department and further in order that there may
be 10 excuse for stopping the work ne Will endeavor TO
DO so for time sufficient TO enable Mr. Van Mort 10 haze
the properly advertised and let as the awprovdes