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

CORPORATION Counsel Clark has for
warded 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 Daileys compensation at IL cents
per cubic yard for the contents OF each
scow, and was to be annulled and can
celled at the option OF the Commissioners
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
final disposition; and since the contract
may not be absolutely determined except
by a notice Of thirty days, that period
IN the minimum period or It's DURATION
Mr.. Clark then continues:
The statutory provisions defining the power OF
the Commissioner OF Street Cleaning necessary TO
Be- considered In determining me question as 70
the validity Of the proposed contract are the fol-
i. Section 7o4 OF the Consolidation act, as
amended BY chapter 269 Of the laws OF 1892. pro-
yides among other things that the Commissions
Of STRENGTHENING shall have power and authority
~ often a. the public health and use OF the public
streets may require. all street sweepins'' asne'
;. Section 700 Of the Consolidation act provides
s.said Commissioner shall have power to enter
into contracts with responsible persons and paIus'
for the ANAL disposition for periods not exceed
ing nvs years OF all or any part OF said street
sweepings ashes or garbage when colleetee. pro
proved ~ 70 terms and conditions BY the Boar
Of Estimate and appointment. All CONTRACT.
shall be entered into on behalf OF the city by IN
Commissioner with adequate security. He shai
advertise for proposals In such newspaper IN IN
city a. he may designate. not excoeding three !,
FORM and on such terms and conditions az he ma,
prescribe. Such proposals. may be lot the per
Torrance Of all or such part or poT' From on q, m
proposals received he may select the bid or bids
the acceptance Of which will, In his Judgment bes
he may reject any or all OF said bids"
understand that. under the scheme o. th,
the Commissioner OF street Cleaning. after III,
sweepIngs, &c, have been collected. AZ included
within the terms Anal disposition N. =, IN. con
soiidation act, in case OF the contract for "nns
disposition covering period. the oomm'snohe
Firrt~Hc must secure the approval Of the Boar
Of Estimste and Apportonmsnt as to the term
ana s.conSMHe must advertise for proposals in sue,
newspapers in the city as he may designate no
srsssdnE three IN r,u9s is5 sn and
dsposit as specified In the statute. , =,
Fourth-From proposals received pursuant sa =,
such advertisement. he may select the bid whici
IN hIs Judgment will best secure the enhcient per
fornance OF the work and contract with such bid
der or he may reject all the bids ana re-sn'er
tise . s.,,r.,
A invalid, and should not be approved
The illegality Of Dailey's private snaI
Nv arhe Evening World" The Cor
poration Counsel sustained what "Th'
Evening World said: That Commis
sicner Andrews had no right 10 MAKE :,
10 the exclusion of all other contractors
Through "The Evening WORLDS" ei
fcrts thousands of dollars VIII be save
10 the city and the taxpayers. Tner'
are contractors who are willing to tax
Dailey's contract for nearly one-hal
what he was to be paid. and as IN,
firal disposition fund amounts 70 near a;
thing bailey would have had. thanks tt
MIR. Andrews.