New-York tribune., 1883-12-21


.'.,ov An examination of the Controllers DOCKS
o.. .Lroe months shows that in that time Dongias
Snoi,b was maid S2727 as his percentage under inc
.,o,v arrangement That is at the rate OF @lo'eoo
wear which is about the same pay as W. " onn.n
sts for suryeying Both of these gentlemen "io NV
liberty 70 do other work than that for when tney
arc nald by the city. As architect OF the Cro'oh
water mains. Douglas Smith was pad yearly SAL
arv of $4,000. But under the new arrahgenonV
made by Commissioner Thompson, MIR. snlth Is en-
ahled TO earn over five times as much as wno" 0
ployed on a salary. But the bills are paiu' ho' "
Mr.. Thompson personally, but by the taxpayers
THE COURT OF APPEALS ON CONTRACTS.
IMPORTANT DECISIONS IN REGARD TO UNBALANCED
B1ps AND OTHER IRREGULARITIES.
Sovero; recent decisions by the Court OF Ap-
meals with regard TO assessments Tor street pono
meuts are of especial interest In connection "i'h 'o
closures concerning contracts under the Depar'on u
pubc Works The matter Of the Leake ana Naus orPn"
Home Is reported the last OF the court ol APPc''
pnort 100 r. Y 116, The proceedings were to vaca'e
an assessment for construction OF certain se"cr o
th round that the work had been done In violation OF
the law and under circumstances amounting 10 "uo
The court In deciding that the assessment luuS' W
duced TO fair amount, say:
We think fraud or rresulary was snthcienVES S roc
eXcvation which should have cost bn p; OF P Pss 5S
r ncal toot for brick sewer which should have COS. Dut
S4 80. shows not merely case 3 % tbcrc was either
osS frand impositiOn mistake OF leguaiI, anu .iy ny
snses the finding of the Court ~ 9lTo l m could fairly
he accounted upon the theory tht tne WorH % & m m
merely saT been S made for the interference
the But here there was % m3re; %e aS was either maud
irTosstibly to the conclusion tnat the'o was ' ~
or some unexplained rregulallty'
The opinion was written by Judge Earl, and all the
other Judges cOncJured In it,
The ol # volume OF the NewYOrk Reports also contains
case bearing upon like questions. AT page III Is the
case in the matter of Bodget This assessment was
levied to pay the expense of sewerage upon the Doo
ward between S,yentyseventh and Ninety ss'
and was sought to be vacated upon the grouilu "' WV
work was not done by contract as required py tne o"
of 1873 The application was resisted ny the CITY upon
two grounds; first. that the sewerage was WORK IN
at the adoption of the charter and so eAcep"
from the contract system by the terms OF that enact
men; and second that the transfer by section 20 10 %
newly constituted Department OF Puonc "orhS Vi ''
the powers and functions heretofore or now possS '
The Department of Public Works In relation 10 Inc
ward road or public drive streets, avenues ana ro'S
oboye Fifty-niIth-st.," ard the direction that all pro-
,siops of law conferny powers and devolvlng dutos
upon the Department OF Public Parks in relation therc'o
soud be transferred to and conferred upon the hew3
organized department" preserved the right OF that ue
partment to perform its WORK oy tne 0aS anu w
yertisement and contract
Indigo Finch i'm writing the opinion of tho court says
The general and dominant idea was to do all OF the
ity's work contract system, ana tnat ONLY WIS m
fendtd to be exempted which was already begun "nc @
was in progress on system and IN % mode o f the s r
of evil consequences Here II Is easy 10 see Ih no SUI
sble or real reason existed for not applying thc cOqt
syste,n The separate and independent WORK 0 @ UNI,
ssparate and independent drainage area to be i19weu
aud distinct aSscssultnt coiu may
been done on the contract system without any tIic
or the least collision with existing arrangements Non
one substantial can be IMAGINED or siy9n t p
Withdrawing IL from the general mandate OF te ,'
We conclude, therefore. that IL was hOI Ni,ln t,cf %
cepcn and the work shond have Oceh doho .! cot'o'
The assessment was accordingly entirely vacated
The proceedings the matter of the petition oil kisher
I92 n Y 1l1) instituted TO Vacae an assessment
on the ground that the Commissioner o fupno WINS
faudulcntly combined and cOuded with the contractors
10 LET the contract exravagan price The anu
General Terms denied the application The Court Oh
Appeas reversed this decision and ordered nearing,
declaring that certain rejected evidence was competent
on the question OF fraud The opinion says pa2e I9:
The Commissioner of Public gorks, in the absence OF
eyi1epee to The contrary, be presumed 70 nave
the usual prices for NUNS ~ oI ''oU ''
The special contracts were made under COM ~ @ @
public lettings and the bids made lof Iy" 80 No w., ~
some evidences OF fair value OF this work Al nc h"
that the prices in the special contracts Nl 7lVaS'
frayaRant II would be fact betrL iph ''c az 90
fraud so also it competent a. d'A- "P'H ,o tio
hids Inv The selected bidders the sp al cot | "0r
and the contracts awarded therefor II tn nspech ol
those bids would suggest an arraneelnent Pe'Wett te
bidders and il should bc iOulld llt inc Soi
soner of Pdblic Works put upon inquiry the ptt-
tioner was entitled to the benefit OF this evidence
NEED OF A LEGISLATIVE INNESIlGAllON'
THE COURSE THAT Mr.. ROOSEVELT WILL PURSUE
IF ELECTED SPEAKER.
"The series OF articles now appearing In