Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-05-27
coM,11rrKE VS., BOARD.
The Mayors Communication, the Boards
Explanation and HarrelPs IndIgnation.

The Mayors Communication, the Boards
Explanation and HarrelPs Indignation.
The little unpleasantness which has for q
few days past existed between the
Council Committee on Streets and Alleys
and the Board of Public Works was brought
up in Council last evening by Mayor Grabb
sending the following communication to the
Second Branch:
There having been some difficulty be-
tween the Board Of Public Works and the
Committee on Streets, Alleys and Grades. the
question being one Of authority, / addressed
q communication to the Board requesting il
to make report to Council and explain
why il had refused to act with the commit.
tee. / received the accompanying report
which submit for your consideration:
The Boards reply accompanied the
Mayors report and was as follows:
"WHEELISG, W. Va, May 25, 1885.
To the Hon. Jacob ". GrRbb, Mayor, etc.
DEAR SIR:-Your communication OF this
date received. We had been unoficially
advised Of the facts contained therein, and
are thankful to you for giving US the op.
portunity of controverting the exaggerated
reports that have been spread broadcast
over the city. We believe that If Council
had been aware of the law governing the
Board Of Public Works in the making OF
contracts, it would have either laid the
communication of John NJ. and Michael
Emmert on the table, or referred II to u.s.
In the latter case, in courtesy we would have
made the explanation we now make to you
and which we trust it will be your pleasure
to lay before Council
"The act creating the Board Of Public
Works gives it the right to make all con-
tracts for the improving, cleansing, care and
repairs Of the sewers, streets and alleys Of
the city; the ordinance (rule putting
into effect said act, details how contracts
shall be made, and gives the Board the right
to reject any or all bids; the ordinance en-:
titled, An ordinance 10 keep the disbur Sc
ments OF the city within the limits OF its
revenues, provides that the Board shall
have the power to make contracts without
control Of Council
Under such provisions, the Board acted
in making its contract for curbing.
"a demand was made by the Chairman
OF the Committee on Streets, Alleys and
Grades, that the Board appear before the
committee and exhibit the proposals for
curbing upon which the contract was
awarded, and show cause why it was award.
ed 10 William Stabbs.
There was no authority from Council,
vested in that committee, to issue such an
order, and no good could have resulted
from compliance Herewith. The con.
tract had been awarded and the city was
bound blythe action Of the Board.
"ln making contracts on behalf Of the
city for improving and repairing the streets
and alleys, it is the Board sio is placed as
judges not only Of the work to be done, but
also Of the person or persons to be selected
to do il. A Council can only
take cognizance of the acts Of
the Board when it exceeds its
authority, or is guilty of any mslfeasance,
and then the mode Of procedure id pre-.
scribed by ordinance No reflection was
intended or impression sought to be con-
veyed that those who failed to favorably in.
spire the Board by their proposals were in.
terior or irresponsible workmen. There
were bidders whose proposals were lower
than that Of J. NJ. and NJ. Emmert and
why they shall feel themselves aggrieved at
not being awarded the contract, is beyond
our comprehension.
The Board in awarding the contract to
Mr.. Stabbs, was guided BY the law and
ordinances, by o careful consideration Of
all the proposals offered, and desire to
serve the best interest Of the city.
Respectfully.
'IUE RDlRD M PTVIIc WORKS
"B. A. Ga igan, Clerk"
TIE communication and accompanying
document was received and filed after Q
long discussion, started by Mr.. Tracy, and
continued with much warmth by Mr.. Har.
rell, the latter being particularly pointed
and rert onal in his remarks