, 1874-12-16
THE FuLIERToN-AvEnuE CONDUIT.

Cor10fltloN-CounSeI D1CKEYR oplllon III
tho Fullerton-avenue conduit case offers two
modes Of relief for tho contractors, if they
aro cquitably entitled to it. One is sotue-
ment with tho city through the Comptroller
and Common Council Or by litigation; and
the other by authorizing the Board Of Public
Works to rolot the contract to the same con-
tractors on new terms, which he thinks may
be done by q two-thirds vote Of the Common
Council. The first OF these modes is all
right; the second is all wrong.
Sec. II, Chap. VI, Of the city charter
provides that MI public improvements, tho
expense of which exceeds $500, shall be dono
by contract Us provided in tho case Of special
assessments This is:
All contracts shall be awarded by said Board Doard
Of Public Worksl tho lowest reliable and Responsible
bidder or bidders who shall have complied with the
above reputation aud WHO will sufficiently guarantee,
TO The satisfaction Of said Doar thu performance OF
sald work under the surcrintendeuco and to the saR
faction Of Gaid Board.
It was under this section that the contrnct
for the Ful!erton.ayanuo conduit was lot, aud
under this that any now contract for the same
work should bo Let. The only exception is
provided for in the following, ono Of series
Of late amendments to tho charter:
SEQ, 81. Rrora'ed, hor<rer any sueh contract
may 10 entered Into by tho proper officer without all
vostising for bids and without such sppsoval, by q
yo.o Of two-thiras Of all the Aldermen.
It is under this amendment that Judge
D1oxEY believes tho same contract may bo re-
lot to tho samo contractors without advertis-
| ing for bidders, If two-thirds vote Of tho
Council can DO obtained to sanction this
| course. We believe it would bo a serious
error, and certninly dangerous precedent,
for the Common Council to tako such notion.
Tho above amendment WIS adopted with
special reference to exigency jobs; tint is,
| to enable tho Doard of Public Works to pro-
caod at onco with public improvements imnle-
aiately demanded without waiting for the
slower process Of advertising for bids. For
instance, if bridge fell into tho river or was
permanently disabled, md tho public nccessl-
tics demanded ils immediate replacement, it
would bo competent aud proper for
the Council, by n two-thirds vote, to
authorize the Board Of Public Works
to lot lie contract without advertising for
bids, which would consume something hko
si1ty days. II MI ougino-house wero burned
or m engine destroyed, aud public sasety re'
quircd that 1t bo restored ut the earliest pos
able moment, thu Council would DO justified
in adopting tho course pointed out by Judge
D1oKEy. But tho Fullertou-ayonuo conduit
does not properly como undor this emergency
clnss. Little progress can 10 made during
tue winter months with the work, and if thu
prcsont contractors desire to abandon tht
work there will be amplo time for tho Doart
Of Public Works to advertise III the usua
why. 10 do what Judge DlcKEY suggests
mny DO dono in this caso Ia to establish
most dangerous precedent that will enable tht
Council ut any tmo, in conjunction with th'
Board Of Public Worku, to increase tho COM
ponsation for public worha which have bcel
lot to tho lowest among responsible and com
peting bidders. It Is easy to see how tho WI,
might thus bo oponod up to the most Aagran
abuses and to the great cost Of the. tux
payers,
it 10 possible That tho Fullorton.ayonu'
contractors may have an equitable clui'n 70
Honlo Increased allowance on account Of TIL
naturs ot Tie mntstlM uloy have encountered