The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-12
STREET CLEANING.
Corporation Counsel Whitney's Opinion
on Contract Labor.
Police Commissioner Nichols on the Sectional
and Contract Systems.

Counsel whitney has given legal opinion in favor OF
having streets cleaned by contract labor PROVIDED
that provisions Of the contract do not exceed IN
time than year or outstrp the annual sp-
propriationa In this decision Judge Emott concurs'
The full text of both documents is sueoined'-
MR. wHrNBYs OPINION
Law DEPARTMENT.
orcs or rHr o0Us Sar T Yo nas fs 1873
duly received letter Of the Sd Of an
npcn the following questions ,o,,.v 10 s0,sr into
the term OF which sn. not sa,sna ssyoId is
he marty contracting with board city shall
deAke all AIs .S S Ia sor
surhy cleaned from time to time and kept AZ al time;
ashes Garbage rubbish swespn-s OF every kind
,ords Ms an the es dy
to stree. seann sna ,e%..nS the s az ,s ea
which the Board OF Police by chapter s77 OF
II the Board has such power year. would be
authorized part Of the TO- sell the plant S.s"m
the property OF the city used by the Bureau
Of NJ ,ss % vaa w considered at the re-
qnest OF the Board OF roliee by this Department 1874
Angus. s 1874 rendered opinion TO the Board which
aad he advised the Board await action by the LeGsa-
After careful consideration of tho whole matter nave
arrived the encas0n 'hs the BSas possesses s ns
Dos psed Sr ie Was deemed advisable to do the ne.
sa,v in view OF tho TACT that general 81 tue
ST. 900 to by but there Is no pro
lioton IN this act against their doing the work oy con
section Of he act provides tina. the Board Of
hereby charged with tho duty Of causing All streets
49, a. s 4
makes mention whatever as 70 the method ~ when
s n"fk or sp BY contract oaars tue "''A
ne hs tb section sse sepero e"a.racs
vi.i nf the chart
them TO do il by contr.ct and in no other way ID &C.,,
poy aborers and purchase or hire horses carts ana the
sos enable the said to
efficiently all the duties imposed by this aet &C th,s
oubtess confer the power TO dispense with the contract
satcn and neither here act is there
direction expressed as to the msthId ~en y rsr
subject ac. and upon duty ma.ed
The principle OF law that unless restrained by
70 the oas OF Tito tine d a or
Of BY natural person may enter into
proper IN tho discharge powers Doagla.
NJ Hy4x g IDS M rS SY
having power grade incidental thereto power
work " 1 70 be d
hs to the Work
q s tor hs as nSi aes as
encaily the one mode ~ seh Ill Work should oe per-
legislation intended to limit the application of this con non,
tract section 50 far as street cleaning T. Inc
with this act Of ls72 have this result
ditSre Of over 81 90 to be done by contract
ton the Police board 70 DO s fsss sSns
be construed as iondas them TO use t aa y
The charter Of 1878 made entirely
ssH sy sH shaa Establish IN their
switch shall be called the Bureau OF street Cieanng the
sasa inspector Of shall under
the S sns al the Of @
tunno ao1
., ANY ssnas now In force so
such once officer then existing as that
Of lily .na hs S xss sra" III inv
spector Cleaning OF all The power reserved to
cissd ~ him as a bureau the direction
OF h sss rsss d the
the city Inspector were The OH to be iound ex
80. .ss 40 Of the 1851 BY Sue
BE- sno"e as the cs
with bureau in Il 70 render such services as ny Srd
The ordin ances 1859 provided for tho Organization Of
,hs department The subject Is reviewed in iloiimans
Law. the city aSrs vo $40 SEQ
In general DO said that AS the head OF department
lie not only authority enter into contract but
e .s no 81 y In s@s %a u.s. to cleaning
with some det. IN decision OF Judge In,
ssss $40 the work Provisions
that hesh sS SS ans aa ."
h to the City Inspector aud his subordinate Off
law For that purpose he the delegated agent of the
ssi sss % >: . ssas
n % the G y s now any
authority employ persons TO clean the streets except by
Tsers Is no doubt therefore Inspector
laws and ordinances hen applicable TO nm had
done by contract aud transfer of his TO the In
% he Ike y
rn ann and % spasa ct that tie s'a Board @ the
power TO direct the street cleaning &C.. to be done
Bubble Ss sd".r.%sn to the loves. bidder giving
adequate security ana complying with the terms imposed
esed the existing appropriation Tor street cleaning made
that the terms OF the contract be made SO
definite my
SIMILAR contracts made In the past being that they were
ney the obligations assumed by the contractor that
In answer 70 your inquiry the property
IN n:e by the Tor cleaning can
In view Of the doubt heretofore expressed the law
have requested opinion the subject from Judge
no.. b.,s the homo. TO enclose the Same herewith
am. gentlemen yours rssgysfeaIi,uiyx - uurrnpv
Counsel the Corp oration.
KNOTS OPINION.
sweeping and cleaning its streets and the removal of
ais. and E.o.set rs one 81 OF the ne'
ihs affecting Y, the city Of New YORK, nike
c csiss. S BY eo%DeT%s shss.ans sweep
,a ss1n a' o~ To the work. Ss
pioy by day month enter into contract
with that object age. with the Counsel
10 the that the Of New fork has the
except forbidden by special enacnent to
euter into contract contracts with individuals or
She Gle snng of its streets -
Ia the org OF the city OF New
York certain departments created, and each is
ronierred certain and imposed certain duties.
duties have been varied, rom time 10
slime by statutes Of the charter But when
over the within the Of the city
govsmsnt I. Nv statute to one department OF ,h"
that It's boads made the
raus city by ana through whom must deal with
That subject, and Of invested with All powers
POSSE ssed by the city Ia relation 10 H.
by apter ST. Of Laws OF 1871 the power and duty
ri causLg be cleaned all the streets OF the
bsy IL committed the Police department. II tins act
bad stopped here the department. would have been re-
,ricted 10 two thods OF accomplishing TINS
5he members Of force could have set the work
Il this course adopted No such work would OF
course involve expenditure Of more than 200 II must
We he.u done Dy contract This follows from the pro
v.ion recurring costing than 81 OuO to be
lone BY contract. let the lowest bidder which
Ihe tine and repeated In the charter Of
iS73 OF 1877 expressly authorized tue Police