The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-19


DO away with the system OF cleaning the streets OF
this city oy contract and to require the Police De-
members Of the police force and such officers, agents
and employees as the Board might appoint I am
constrained therefore 10 advise you that In my opIn-
lon the Board OF Police has not authority to enter
into contract of the description referred to your
letter and to repeat the ADVICE that the Board Of Po
lice should not enter into contracts for street clean
ing without rst obtaining express authority from the
Legislature"
This opinion given January 90, and in view OF
It's somewhat categorical and determined phrase the
Appearance Of another opinion by the same hand,
throws the conclusions advanced SO positively Two
weeks before, might we'll be called unexpected.
the $40 70 10 a. na
contract system. They simply desire to say here
that IN their Judgment, tho lansua:e Of the Act OF
1872 in empowering the Police Board to appoint sucn
officers agents and employees rs they may Ind neces-
sary 10 perform SUCH duties as cannot be sdvan-
tageously performed by members OF the police iorce,
OK their compensation, employ laborers purchase or
hire horses carts aud the necessary boats and other
taken In connection with tho TACT that the act was
avowedly passed to end to the contract held by
terminating ,he contract system. cannot but convey
any intelligent mind the conclusion that the Legs-
lature expressly intended that the work OF cleaning
the streets should be done by Police Board with
out the intervention of any contractor.
The act In another place expressly confers upon
them the power to contract for the sale sweepings
and garbage and the absence OF this provision
to contract in other parts OF The act when taken in
connection with the language employed ana the crcum
stances under which tue act was passed, would seem
to be conclusive 1t may also DO noted mere that IN
reply to similar applications of the Board In 1874 the
thon Counsel to the Corporation-Mr. Il. DolaGeld
Smith-had given AN opinion to the same effect as
the Board that without additional legislation they
were powerless to contract.
So much for the opinion. rhe Police Board, being
in possession oil the much desired Information, con-
tinued to reflect during the space OF fortnight or
more whether their present system was cumbersome.
imperative and expensive, making no outward and
visible sign OF existence the while, either "a deib-
erative or executive body. But on tho 26th day Of
Eahs t1Vo otnF
ture transmitted TO that body for selection oils.
one on the small contract plan, the other ON the
block plan, but both concurrinR IN taking away all
control OF the street cleaning from the Board OF Po-
lice. On that very day the reflections OF the Police
at a meeting Of their Board Mr. Wheeler onered a
resolution that IN the judgment of this Board the
work OF street cleaning ought 70 be let entire
chief clerk Immediately cause notice to DO
published in the City Record that proposals will be
received by the Board Tor the entire job OF cleaning
the streets the city OF New York ana removing the
material, as provided by the city ordinances. This
resolution was adopted by vote OF 70 l. Mr. Erhardt
voting in the negative. On the 4th OF March forms
OF contract ana specifications prepared by the chief
clerk, were submilted adopted by the Board on the
same vote as above recorded and sent 10 tho public
printer 1t is only proper to state here that on the
presentation of these specifications Commissioner
Erhardt offered resolution ~ the effect that II II
advisable TO let the cleaning OF the streets by contract
It proper that the work be let several separate
tract, specification and notice be made to carry out
that plan This proposition, which had at least the
wishes OF taxpay ers, summuriy voted down.
On the TIN day Of March there appears In the CITY
viii be received at Police Headquarters until nine
A. NJ March 49, 1873, Tor cleaning the streets, collect
Ing ashes ana garbage; and removal OF all material
67 Of Laws Of 1872 aud that the contract for this
work will BIO awarded 10 the lowest bidder
THE COMMISSIONERS PROPOSALS..
Your committee have obtained from the Commits.
sioners the blank forms OF proposals, speciacat0ns
and proposed contrsct As to the latter we can only
SaV
In its nature and affords sundry loopholcs which may
readily be taken advantage Of by an unscrapuious
against the single contract system, for shows how
impossible It Is TO prepare contract which shall
80 large aud mportant work and at the same
time em0ody all the details necessary TO It's proper ex-
ecutou. The specifications provide that the follow.
ing streets shall be swept and the dirt and garbage re-
moved therefrom daily
Broadway, from Battery TO Fihy-nInth street.
Third avenue, from Fifth to Forty-second street.
Fifth avenue, from Washington square to Fifty
ninth street.
Eighth avenue. from Bleecksr to Forty second
street
Tri-weskly-wost street, from Battery to Ganse-
South street, from Battery to Corlear's Hook.
Washington ana Green wien streets
through Pearl street. the Bowery and Fourth avenue
to Thirty. second street.
Wall. Fulton and Cortiandt, west of Broadway
way; Grand, from Varick East River; Fourteenth,
Twenty-thrd. Thrty-iour.h, Forty and Fifty
Seventh, Ninth and Tenth avenues, to Fity.ninth
street.
SIKH and Eighth avenues, from Forty.seoond to
Filth avenue, from Flny.ninth to Eighty.s,xth
Madison avenue. from Twenty.third to Eighty-sixth
street.
Lexington avenue, from Fourteenth 70 slxty-nIth
street.
Third avenue, from Forty second to Eighty. sixth
street.
FIRST and Second avenues, to Egn'y-sixth street.
And avenues A. B. @ d.
All streets not mentioned above and lying south OF
Fourtsenth street are TO DC cleaned twice week. and
all not mentioned and lying north OF Fourteenth
street once u week.
II viii noticed that the great bulk OF downtown
be cleaned but twice IN the week, and the entire
work oil crosstown residence streets In the upper
part Of the island but once week.
Even II the contract be faithfully performed your
committee has serious doubts whether this Will prove
sufficient Ii the contract be administered With that
laxity which mas dstinRu shed the rule Of the Police
Board there can De no room tor doubt as TO the result
Your committee herewith submit the bank forms re-
Now, In glancing over these events, your commit
tee. while they mako no direct charge against the
Comm issivners Police Of purposeiy Interfering 10
break the efforts OF the Legislature and the
To secure change IN the system OF street
cleaning, cannot but invite your attention to the
remarkable coincidence Of their action with certain
dates in the progress Of these reform measures
Three DAYS only alter the Introduction OF the resoiu
ton of Dr. Hayes INTO the Assembly the Street Clean
ing Bureau breaks out into most unexpected and
abnormal uct,vity-an activity which ID trumpeted
and which IL promised shall endure uniII streets
shall be models OF cleanliness, but which, In TACT,
after bret existence oil less than three weeks, dies
VI sheer inaniuon. Our duty AZ chronicers compels
say that certain journals wore heartess enough
warn tue Legislature and the public not
to put too much faith In this spasmodic activity
ana malicious enough to suggest that It
intended " influence the Legislature TO belief
that no intervention on their part would be neces
sary. Singuary enough TINS ACTIVITY came to an END
just about the date when the last quoted opinion OF
Tho Counsel TO the Corporation came " the hands Of
ha lice ROard nj mi nor that DoQv
alter Ave years oil Experience, were only enabled to
arrive the conclusion that their present system
OF street cleaning Was cumbersome, imperative aud
expensive upon the very day when the commission
appointed by tho Legislature transmitted to Albany
the bill which, II passed, would deprive the Police
Board Of all connection with street cieaning.
THE COMMITTEES CONCLUSIONS
Somewhat singular this cannot but appear 10 your
committee, remembering us thoy 40 how earnestly
the officials oil the Street Cleaning Bureau had pro-
tested 10 them tmo and again tner eagcrness 10 be
relieved Of all further responsibility Tor this most
disugr eeabc duty, and still moro ngular, remember