The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-01-26
CONTRACT IS ILLEGAL
Andrews Deal with Daley Is
Declared Invalid.
Comptroller Receives the Corpora
ton Counsers Opinion.
Tho Street. Cleaning Commissioner
Told How He Must Act.

CORPORATION Counsel Clark has for
varded to Comptroller Fitch his formal
opinion as to the legality of the contract
recently made by STRENGTHENING Com
missioner Andrews with John ID. Daley
for towing deck scows to Riker's Island
and unloading, them there. The contract
fixed Dailey's compensation at IL cents
yer cubic yard for the contents of each
scow, and was to be annulled and can
celed at the option of the Commissioner
upon thirty days notice in writing.
In his opinion, which is dated Jan. IS.
CORPORATION Counsel Clark says that
the work to be done is that description
of work which in the statute is called
.nnni disposition and since the contract
may not be absolutely determined except
by a notice OF thirty days, that period
is the minimum period of its duration"
Mr.. Clark then continues:
The statutory provisions defining the power OF
the Comm issioner of Street Cleaning necessary to
bs considered In determining the question IL
the validity OF the proposed contract are the fol-
lowing ,,,.,
amended by chapter a69 OF the laws OF 1882. pro-
yides among other things that the Commissioner
Of Street Cleaning shall have power and authority
ito remove from said city, or otherwise dispose OIL
as often as the public health and Use OF the public
streets may requ tie. all street sweepinsS' ashes
and garbage
2. Section TOO Of the Consolidation act provides
said Commissioner shall have power to enter
into contracts vita responsible persons and parties
for the final disposition for periods not exceed
ing Ave years. OF all or any part OF said street
sweepings. ashes or garbage when collected. pro
yded alwayA that such contract shall be ap.
proved as to terms and conditions by, the Board
OF Estimate and Apportionment All contracts
shall be entered into on behalf of the city by the
Commissioner with adequate security He shal
advertise for proposals In such NEWSPAPERS IN 'ns
city as he may designate not exceeding three "
number for ten days. to perform the work IN such
form and on such terms and conditions as he may
prescribe. Such proposals may be Tor the per.
Of all or such part From D' the
proposals received he may select the bid or BIDS
secure the effectuai performance of the work. OF
he may reject any or all OF said bids.
understand that under the scheme Tt the ne
the Commissioner of Street Cleaning. after the
sweepings, Sc. have been collected as included
In order TO comply with section 7Os of the Con.
soidation act. in case OF the contract for final
disposition covering period. the Commissioner
Frst-He must the approval Of tn, the Board Boar
of Estimate and Apportionment a as to inc terms
Second-He must advertise for proposals in such
newspapers in the city as he may designate not
Third-Ho must require adequate security and a
deposit as specified in the statute . =.
Fourtb-From proposals received pursuant 10
sucb advertisement he may select the bid which
in his Judgment will best secure the efficient per
Torrance OF the work and contract with such biu-
der, or he may reject all the bids aud re-adver-
tise ----., ..,..,.
I therefore advise yosi that the proposed contract
In invalid and should not be approved
rne illegality Of Dailey's private snap
at the public expense was first exposed
by 1.-The Evening World" The Cor
poratlon Counsel sustained what 1.-The
Evening world'' said: That Commits
I,oI q
private agreement with one contractor
n the exclusion Of all other contractors
Through 1.-THE Evening WORLDS 81;
fcIts thousands of dollaN will be save
are Contractors who are willing to take
Ir contract for nearly cne-hali
What he was to be paid. and as the d, t
nral disposition fund amounts TO heariN
$500 900 1t may be seen what GOO
thing Daley would have had, thanks I.
Mr.. Andrews.