New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-28

ably made for the purpose Oh dsCcl'"i'5 "-N'"N'
not it contained anything of this kind Tho Cor
marathon Counsel forwarded his reply to the
commissioners yesterday. An analysis OF "hai
he says will be found fully TO sustain al
TIE TRIBUNE has said to the unlimited character oil
the power bestowed upon the commissioners as well as
the adverse opinion of the law officer OF the city upon
the way they have carried out their authority In the pre-
marathon of this amazing contract II IS as follows
LAW DrPARrMENT }
OFFICE OF The CouNslL TO TIE Gonf9 Ok IssG
To The Ha5lcm Rircr Bridge Commiss'o"crS .,
GESTLkMEN: l am III receipt OF communi
cation from your secretary under date OF Janu,
arg %, lSs6, informing me tn1' az ssG he
contract and bond ncosed III said communication were
submitted by the Union Bridge company anu VITO az
The form of the SAID contract ana BOND inc c0mnunl
cation further states that the commissioners ucS'Tc To-
ask prompt action on my part as tni lc "io"'" io'
construction is short and IN penalty heaNy ., ,h
Ido not quite understand What II IS expected that me
Counsel to the Corporation shaI DO Ut "u'so ID '''
matter .... , .oos y, va i,,noscd rrstric
tions upon tho making OF contracts on "chti OF tn'
city by the charter officers; for example snth con
tracts to be let al puDc auction after belh- a5'G
Used for a prescribed period arc 10 be accompanied 10y
security OF particular kind must contain various dc,
ais as TO the quantity and quality OF the work required
and prescribe particular methoi' oI P") hivl''
order insure conformity to such PROVISIONS OF law anu
ordinance expressly provided Ia the charter Co
solidation Act Section 90 that the terms OF the'o
contracts shall be settled 0Y tHe Soll'o' 10 ' tnr
Corporation as an ar OF PTr iI all cty
contracts made under the authority OF tne ChH.c' vi
Consolidation ACT examined by the CuuhSel TO thc
!
phrase signying that the contract eNiIehceu wy Wv
written conforms to the model prescribed by
On October p lss5. advised you, in reply TO re-
quest from your chairman, that tue act n1der With
| Your Commission was appointed contained an uhIr-
strcted grant power do tue work within the Jnt
dction OF the Comm sslon IN Snch manner as !. t
| whatever method might seem best adapteu 10 ".
compsh purpose Of the act that II might contract
for the preparation of the ptn and, after ado ton
for the work and materials necessary 10 Duid ne nll.
without complying with the regulations oi '"o ''''
| charter dud ordinances
It thus be perceived that there Is no prescribed
make are confOmed II Is not. therefore, 20 be IN
ferrod that the Counsel TO tho Corporation shal a
prove them as to FORM ana theIo Is 10 cAP'o'' PV
! vision OF the act requiring him 80 TO DO ,.
ton is one which should think of binding tho city
to carry ont stood tn your place. bat ~ tae once
necessary enumerst- them because DO not suppose
that it was the intention OF your C"nhss1n 70 IoTsSo
terms OF such contracts might be necessary 20 &C
compish the purposes OF the act ! am, yours te
Counsel to the Corporation.
In significance Mr. Laconbe's reply Is really 70 the
effect that il Is useless for the commissioners to ask him
If their contract conforms to the ordinary laws because
the Plunkitt bill under which they acting, raised
them in powers far above oriinary laws that they
are obliged let out the work to the lowest bidders
nor require security for its proper performance nor
TO pay for 1t by prescribed methods that they can do
all this and ythng else just as they please ana his
significant remark, The particular contract enclosed
in your communication is one which should not thk
ofbindng the city to carry out stood In your place.
is an official acknowledgment that Its provisions are
unprecedented and indefenslble.
TRIBUNE reporter inquired OF the Corporation COun
sci II the action OF the commissioners at their meeting
agreeing execute the contract was antamount 10 an
engagement with the Union Bridge Company II, In tho
event of their passing another resolution resembling
that one or Of legislative action repeating or modifying
the Punktt bill, the Union Bridge Company could
force them by process of law to aud execute the
contract Mr. Lacombe answered:
81 do not wsh to give an explicit reply to
that question as l might possibly be
called upon time to do so OIL
oally The conrao; came to fully made out by tn
company It's members bad signed and sealed 1t indi-
yidually but commissioners had not done So They
withheld their signatures for my approval OF 1t AS TO
FORM This would seem to imply that the commission
ers did regard their resolution approving the con
tract AS a binding engagement to execute It, but that
they left final action upon 1t open till my reply was
received"
A weLknown specialist in municipal law, who has
given years OF professional experience to these ques
| lions, told the reporter that the commissioners
| could still rccede from their position II
they chose do "The matter is now, lie said, "in
this shape The Union Bridge Company has bound it.
self to the terms the 1t has done the
representation Of the commissioners conveyed In reso
! luton that they approved tho proposed arrangement
and would agree make it binding If the Corporation
Counsel approved it also But that sort OF resolution
would not any binding force In law. contract Is
not In force until parties have signed It, The opn-
ion OF Mr. LacOmbe which you have Just re I'd me- strikes
me as very ably written paper accurate and true In Its
view OF the law and OF His duty, but so wordcd as
to leave company chance to claim that because he
has no functions perform in view of the plenary
ture Of the Pluukitt act, the commissioners must go
ahead They resolved to do something II he approved IT,
but he does approve Undoubtedly If they were now
to recele their position and abandon the half made
contract the company cond not hold them to 1t. or
course however, the sures and most effective way OF
checkmatng the Job Is the proposed By THE TRIBUNE
the repeal Of tae Puuktt act by the Legislature That
would settle the whole thing beyond any cavil."
THE TRIBUNEs reporter ascertained from thoroughly
Trustworthy source that when the commissioners
appointed last fall they ndiv idually promised Mayor
Grace who then violently opposed TO the job, TO
oin with him ia induce the present Legisla
ure TO amend the Plunkitt BILL TO make 1t conform
to the requirements of she city charter and the city
ordinances upon this agreement that they wrro
APPOINTED And yet now. few months afterward the
Legislature having been for several weeks In session,
the Mayor preserves profound silence and the COM
mlssoners are caught in the OF quietly committing
the taxpasers to AN expenditure Of S2G5O00o without
so much as pretence of wing the simplest OF the
cty guatiOns winch seek to economy and pre-
vent favorsm and jobbcry in public improvements.
------s--
GUESTS AT A GRAND ARMY INSTALLATION.
! About 800 members of the George Washing
ton Post No 1O3 G.. A. h. turned out Tuesday night at