New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-14


unbalanced bid, providing it was the lowest De1ore
the passing of the Consolidation act, is not sup
ported by the opinions of lawyers most taniar WIN
tbe subject. James A. Deering is lawyer WHOSE
practice has included large number OF assessment
cases. and who has given the matter particular
study. He said yesterday;
II was inst as true before the Consoidatlon act as
since that the department. OF fuDllc WORKS hau tlo
right to reject improper 9dS o Wby
Corncration Counsel Andrews should advise tneln n
under those circumstances that they dld 1 T naHo
the right; l remember instances dnnaTtmeut re-
fnsed to carry out contract WIN tne
lowest bidder, even, after il haa NJ, De ea
awarded on the ground that prices nan so taien Oh
since the proposals thatthe city would DE paying
excessive prices if it carried out the Oh
behalf of the contractors brought mahdauus pro.
ceedipgs to compel the fulflment OF the contIact
Inv the city and it was finally held by the court oi
Appeals that while the city couId not De 80 9oin
PEELED yet that the contract na'b nv tbe pbt TO
recover from the city the dlneren &c between Ian
price and the contract price COMMISSIONS
had chosen to object 10 the Lowest pu OF nau us
anvered that il was excessive before the contract
was awarded / have not the slightest DOUBT OF MS
authority to reject ali the bids Those were not
instances of unbalanced bids; but the same pIIu-
cipje of rejection would, of course, apply.
The great trouble Is with the surveyors. Ihere
ought not to be such erroneous eStes onrt ' of
matter of Marion, which l carried to the C21II VI
Appeals for the petitioner ana IN Wulch hoso 3
Conk ling represented the city, II was SHOWN ny oto
testimony Oh many cod NOT in ali cases be abso-
lutely accurate, yet they could ia All SAceRt e4o
most extraordinary ms ances DC lnaue
fen per cent of the truth. surveyor VINO cllooso'
10 collude with a contractor has great opPOrlu-
nifty; and the difficulty III detecting the IIau0 Is i'
you can't absolutely determine ~ any p@' Rt
lar instance that it was not mistake; Pu'
when AN unbalanced bid comes IN, Win greatly us
propOrtionate amounts as the prices Tor TWO CLASSES
Of work that of itself should he sufficient 10 lnul
10 no IficprS
No such bids should have been acceptei -, go.
But suppose these contracts 10 oe g'Se1 V ttt
xvitIont any collision between contractors ana the
department or any fraud; suppose IL turns Ouo
merely that great mistake has been made IN Ii9
estimates. There IS no reason WY Ine cry 9,Io i
Ter of the contract were carried out. certainly uo
such profits by the contractor could iary maze Oee9
contemplated in the contract. And am satlsnSd
that If suit. were brought by the city to have the
contract aside on the ground OF lhlSllIo IiGI
court of equity will grant the relief SOUGHT ma
is ust what would be done by any private lndlVld-
nal and there is no reason why the same course
should not be pursued by the city"
ACTION OF THE UNION LEAGUE CLUB.
The Union League Club at its meeting last even
ing discussed the recent exposures of frauds III the
CITY Government made by The TRIBUNE, andmore
particularly whether the Club should take I'M
mediate action or not Several of the members
urged this point strongly upon the meeting ana the
general sentiment seemed to be that such action was
necessary Much Indignation was expressed by
some of the speakers that such state OF things
should so long have continued, and credit was
given to The TRIBUNE for the service 1t had
rendered.
Eventually Elihu Root offered the following
resolution:
Resored That the Committee on Political Reform De re-
Invested no consider report to the club at the next regu-
lar or special meeting to what action, II any, on the
part this club IN regard TO the Investigation anu pun
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eminent NAV be useful to promote reform in municipal
affairs