The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-16
THE INGERsOLL PAVEMENT,

Letter from Comptroller Green-Plain
Talk and Advice to Com missioner Van
Mort.
The question of the payment of Mr.. Ingcrsolrs
claims against the city for repairs to wooden pave
ments has been referred to In long letter adj
dressed to Commissioner Van Mort by the Comp
troler In which the latter agrees to audit the bills
In question The following is an extract
The only explanation which have received from
you in reply to my communication OF the 18th
ultimo IL yours oil the oath ultmo, enclosing to me
copy Of the opinion OF Mr. O'Gorman. II you
peruse this opinion you Will that IL deals prin
cipally with the question a. to the duty oil your
department to maintain the Croton Aqueduct
ter OF repairs to street pavements consider IL has
but little application to the particular question pre-
sented on Mr.. Ingersos bills. These bills, or the
facts relating to them, were not apparently laid be-
fore Mr.. OGOrman.
When a special case does arise where the defect
In the pavement Is OF such q character as to
threaten immediate danger to the ctiZens-which
Is substantially the point referred to In Mr.. OGOr
mans opinion-I concur as to the necessity OF i'm
mediate action on the part of your depa tment;
but where the defects are not OF such a character
the OF the 10lth section of the charter ap
ply and ought to be observed.
Where the repairs Of q particular class of wooden
pavement exceed the sum OF 81, 900 on a particular
power under the charter to proceed with the work,
except authorized by the Common Council, and
II by contract upon sealed bids and letting to the
II this course had been followed in reference to
the work performed by Mr. lDgerSOll mo part OF
which falls within the exception pointed out by Mr..
O'GOrinan), am satisfied that the result would
have been equally as good work and q saving TO
the city Of upwards OF twenty per cent upon the
amount of his bills, at which rate understand
responsible parties are ready to do work OF this
character.
Other work also ind II proceeded with by your
department in similar disregard OF the charter,
and IN some instances the first Information which
has reached the Comptroller that such work had
been undertaken Is furnished by laborers demand.
ing their already earned wages
II seems to me that such a state OF matter as
this ought not to continue In the administration Of
your or any other department OF the city govern
10 the lowest bidder after full notice has been too
long established and assented to In this city to war
rant departure from 1t without express authority
Of law.
How, in the circumstances have explained, the
bills OF Mr.. Ingcrso should be dealt with Is ques-
ton which has given me considerable embarrass-
ment. Not without great hesitation have con-
Guided to exercise the powers vested In this
department, and direct the bills TO be audited for
payment, but II must be expressly understood by
your department that no further work is to be
done OF this character without compliance with the
provisions OF the charter.
II you prefer rather than apply to the Common
Council and obtain the proper authority for the
work and have the same advertised and let as the
charter provides then the responsibility must rest
with you and not with this department.
IL will give me great pleasure to facilitate the
operations OF your department whenever It's action
isawthln the authority OF law and good admnistra-
tHn, and you Will scarcely expect me to sanction
departures from the provisions Of the charter OF
tne city, which Is alike your guide and mine.