The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-29
veris. supcrscding the Common Council with respect

verts superseding the Common Council with respect
10 such work.
cases They hold far this question is concerned,
that when legal contract has been made ana the
vision for II II is legal ratification and cures defects
But this doctrine has never, TO my knowledge, been
carried TO the extent OF ratyng future contracts or TO
thcextent of being interpreted as grant OF power 10
any officer OF department as TO future Official action
The third inquiry is, Whether the effect OF the bill II
II became law, would not be legalize several Illegal
entered into by officers Of the city having
no jurisdiction authority TO make or enter into such
contracts and whether all such illegal contracts were
not approved by the Counsel TO the Corporation before
being entered into?
Answer-There are really three questions here.
First whether the effect Of the bill would not be TO
legalize the outstanding contracts. In my opinion
such would be the effect Of the BILL and that is the
has advanced under them. Second. whether the con-
tracts not illegal and have not been entered into
by officers having jurisdiction or authority to make
themf This Is the question with regard TO which the
doubt exists. | OF opinion that the con-
tracts legal now, but II is question in
relation TO which lawyers might properly differ.
Third, whether such contracts not approved by
the Counsel to the Corporation before being entered
ntoY The form of the contracts has in each case
approved by the Counsel 10 the Corporation but in
these nothing appears in the form OF the contract
showing whether or not an ordinance OF the Common
Council existed II is perhaps proper for me to say
that cannot find that there any contracts out
standing having my Endorsement upon them which
have not ordinances of the Common Council authorlz-
ing the work in each
The fourth inquiry is for the particulars OF all such
outstanding contracts the date or dates OF the same,
tho works to which they refer and the amount involved
In each contract
Answer-I attach hereto n schedule OF the outstand
ing contracts
The nnh inquiry addressed to me is whether as to
all any of the contracts there have been accusations
OF fraud in the execution OF the work by the colusve
action OF the contractor and the inspector OF the work
or other officials OF the Department OF Public Works
Answer have no Information, except such as has
appeared In the press from time TO time This BILL as
have heretofore SAID would have no effect upon the
question OF proper performance nasmuch ms every le
gal contract whether legal In the inception or egalized
by act of the Legislature, must DO fulfilled in accord
with its terms in order TO sustain the right OF
covcry under H.
The sixth inquiry calls for statement of all actions
now pending or decided since tho first Of January
1875, in which the city OF New York is or was defend
ant, and in which the defence nterposed directly
indirectly, is want OF authority jurisdiction
to enter into the contractY
Answer-I annex to this statement a schedule in
swer to this inquiry.
have the honor TO be very respectfully, your
obedient servant, WILLIAM G. WHITNEY,
Counsel to the Corporation