Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-16

Povers % the Cea.sssssssszs - - ~
meval and Destrueessa 81 0avSaea.
The proposition Of the National eaaitsry
Company Of baltimore 10 erect plant In tAis
city for the purpose Of Destroying shs ssrss0s
has been her~tofors rsferred 10 in Tss
srAR. 1t viii be recalled that the
president Of that company IN IN
interview with The Commissioners Stated What
the company proposed 10 do. and for
how much they we're willing 10 un-
dertaks the work. A the Commission
or, were not certain .. 70 the legal din
was accepted they submitted the matter 10 The
attorney for the District for IN opinion - v
their powers.
Today the opinion Wa delivered. Il ssys:
The law provides that contracts for the re-
m0vn Of garbage may BE- made for
subject to annual appropriated: :
Consrs,. tn. appsopr.sen for rs
for the present Ascal year 10 %. 200 and
this direct appropriation 10 accompanied
by . proviso suthorizing tho Commissioners
In their discretion to allow an sdditional
sum at "a, upon condition that the Rar-
ba9s be removed In inolosed steel tanks and
Immediately destroyed. The manifest object
OF this proyiso 10 70 encourage the adoption Of
new and better system In the interest Of ths
public health for the removal and destruction
Of the District garbage, and in my opinion
this proviso is in no way secondary In
Importance to the direct appropriation and
that q contract made TO carry into cfFsct IL
two conditions falls within the general pro-
vision OF the Law authorizing ooatrack 20 b
made for period not s.ossdins ays
d, 500 mentioned in tSis proSiso should ami,
to the removal of ths garbage a. !
whole, but I see no reason Why - an
original proposition the Commissioncr,
might not contract for the destruc-
ton Of the garbage in gross or BY the ton. pro
vided the contract extends To the dcetructiou
OF the entire garbage, but this depends upoI
whether the appropriation can be adjusted d
payment by the ton.
''lnasmuch ~ the fret controller of tn
treasury holds that section sos, Revised Stat
utes, applies to District matters the same - u
transactions Of United States ofhosu ID
should hold that IL IL we're nd
existing contract the District Commissioner
should advertise for proposals In carry
ing ont the conditions OF this proviso, and thai
advertisements might be made for separat
proposals - 10 the removal In inclose<
OK the garbage, Tor the reason that one part,
might have the facilities for carrying out on
OF these conditions and could perform th1
service at q less rate on that account, and vica
versa. But as there il an existing contrsc
with Mr.. Clark for the removal Of tn
District garbage at the present time,
should advise and hold that no separate ant
distinct contract for carrying into e1ecu
ton Of the conditions Of the provist
could be legally made with anothsl
party withou, his consent and that q
his sureties il they are TO be held and hrmly
bound to the conditions Of such q new contrac
| as well as the old contract supplements
contract might In my opinion be mad.
with Mr.. Clark involving the destruction
OF the garbage, and think would b.
valid without an advertisement for proposals
But in such case the sureties on the old con
tract. in order to be bound upon the new con
ditions Of the supplemental one, would have Il
enter into new bond embracing the new con
ditions."