The New York herald., 1872-08-30
THR LOCAL CONTROVERSY.
ComptroIIer Green Replies to Com
missioner Van Mort.
The Grounds Of Dispute Reviewed and
the Statutes Quoted.
Paysments Laid Without Authority Of Law
A Pretty Quarrel as 1t Stands.
The following communication has been addressed
by Comptroller Green to the Commissioner OF Pub

The following communication has been addressed
by Comptroller Green to the Commissioner OF Pub
1lo Works.
DEPARTMENT OF FINANCE.
C0MPTR0LLER's OFFICE,{
NEW YORK, August 27, 1872.
10 THE DEPARTMENT OF PUBLIC WoRKs:-
In my communication to you dated the 18th inst.
relative to the bills incurred BY you for repairing
wood pavements without. complying with Me pro-
visions of the 1O4th section OF the chart4f 1t was
Department in similar disregard Of the charter
TO some OF the works thus referred to 1t Is neces-
eary that again particularly direct your attention
these words:-'n order to provide for the improve
ment OF the lower reservoir and for increasing the
York, under the direction or the Department OF
Public Works, the Comptroller Is hereby author
tied and directed to upon sne na ana
the city Of New York, sum not exceeding
S5ooOOo and to issue stock Of the city Of New York
of the year 1870 payable not less than thirty years
yrom the date OF issue, and to bear interest not to
exceed seven per cent per annum. All the provl,,
apply to the stock herein authorized"
Nothing contained IN this % section relieves ELL % the
ments of the 1C4th section OF the charter, which
provides that where the work exceeds in cost
81 900 the same must be advertised and let to the
Disregai ding entirely these requirements. the
late Commissioner Of Public works without an ad.
two contracts with one John CrrssSsre both dated
July j, is7i the nrst Tor laying forty.eight inch
ssset trouTn street s and Madison
avenue to Forty second street, and the second for
laying thirty six inch pipe from Forty second street
through Madison avenue to Twenty-sxth street,
through Twenty-sixth street TO Third avenue and
the Bowery to Blocker street, through Bleecker
nam SQUARE, through New Bowery to Madison
street and through Madison to Pearl street.
These works do not 10 the most remote degree
fall within the description of repairs on the Cr0t0n
Auueduct The pipes now being laid are new 0neS
designed to carry better water supp supply to the
Quired, as they have been for several years, and
there is no reason why the work should not be
with EoI ana a. Ear the 1ss
upon these contracts were presented at this de.
partment for payment the matter was examined
the loath @ section q the charter applied to the
work felt that In the then condition Of the affairs
of the city and In consideration OF the stand was
compelled to take in reference to a large number
Of contracts which had been entered into In utter
disregard Of law was not at the time justified an IN
resolution was intimated both to the Commissioner
OF Public Works and TO the counsel OF the con-
Shortly after the present Commissioner OF Public
Works was appointed to that ofice he was made
S Contracts ar and % to the execution Of the work to
which these contracts apply, and after some
delay. and without informing me Of his IN.
men to do the same, and transmitting the pay rolls
Of the men thus employed to this department for
In dealing with working men have at all times
been careful to protect them, so far as properly
N amy loss tnsv s
responsible and as 1t would be manifest injustice
to allow the laborers who had actually performed
their work to suffer because the officials OF
the city employing them failed to comply with
the provisions Of law. accordingly provided for
warded BY you to this department mt as the hens same
time again examining Into the matter and point
ing out to you what considered to he the irregular
charter. nor under the statute authorizing this
work, any authority to proceed with the same as
you arc now doing. In the statute providing for
the removal Of the aqueduct from Ninety.third
larger pipes in lieu thereof chapter 23o, Laws
OF 1870 there WIN De found this distinct
Works ]. further authorized either to contract FOR
the performance fthe whole or any part 0fthe work
authorized by this act, or the said Commissioner
shall seem best to said Commissioner and most ad-
vantageous 10 the interests OF said city"
Here the Department Of Public Works has dis
tlnctiy the discretion to contract or employ men
whether the discretion has been wisely exercised
the future viii determine when the cost OF the work
ID made known. Thus far In the twenty blocks
41,s44 $50 IL have been expended, chiefly In blast
ing rock and eXcavating preparatory to the laying
OF pipes class OF work done all over the city by
But in the law under which you are now laying
Ii no such provision, and 1t was the duty Of your
Department to advertise aud let the same to the
lowest bidder.
Of method Of doing the work, but what the law
commands. II can find that out 1t Is fnal with
me. II discretion were given by the law one
might choose one method and another different
method: tut as understand the law there Is no
such discretion left In this case.
You intimate that these pipes cannot be laid
by contract, although do not regard this question
rs one for our consideration. think If you Will
inquire OF those OF experience In such works
you will find that not only Is 1t possible, but that
some OF the largest pipes In the city have been laid
specifications. believe 1t Is quite true that for.
merry the CrOton pipes were laid by days work,
but OF Later, years 1t Is very common to lay water
It viii probably be found that more than one
third OF all the pipes for water distributed In most
OF the cities OF the United states have been laid by
contract. l am aware that II Is work that should
be thoroughly done. Is 1t not Us important that the
new aqueiuct (Iiigh Bridge) that brings all water
that comes TO the city should be equally well dOneY
This was done by contract Railroad bridges
that carry millions Of persons over chasms and
diliculty about laying CrOton pipes by contract IS
that OF obtaining administrative experience ana
e are quite as likely to be secured through a judi.
clous contractor as under direct control OF the
work by public agency
mode OF doing the work, but what the law requires.
Being somewhat embarrassed in this instance, as
iu many others where law has been disregarded, I
have, in order to determine my final action In the
matter caused investigation to be made, and am
!ed 10 nehcve mat the work that yos are proceed
ccuted by responsible contractors at fully thirty
per cent less than the prices OF Mr.. Greene's con-
tracts and at an equal per cent less than il Is now
being DONE The total amount OF these contracts
win be, under these prices not LEGS than sl65455
thirty per cent OF which would be yi9,6}6 so.
with this Information before me 1t Is impossible
as view my duty, for me TO continue to provide
for pay rolls for this work while IL Is being done In
disregard OF the provisions Of the charter. Acting,
however, In accordance with the principle have
already explained, and with the resolution adopted
IN the matter OF the wooden pavements, I have
directed the bills OF Mr.. Greene to be audited at
fair valuation for the work that has been done and
the sum found due will be paid upon release being
shall also provide for the pay OF the laborers upon
the rolls already forwarded to this Department,
and further, in order that there may be no excuse
for stopping the work or for the laborers being
thrown out OF employment, Will endeav0r TO DO
% for time sufficient to enable You to have the work
properly advertised and let as he law provides,
The SPECIFICATIONS for the work are already pre-