The evening world., 1894-01-26
CONTRACT is ILLEGAL
Andrews's Deal with Daley Is
Declared Invalid,
Comptroller Receives the Corpora
ton Counsel'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 II. Daley
for towing deck scows to Riker's Island
and unloading them there. The contract
fixed Dailey's 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 Commissioner
upon thirty days notice in writing.
In his opinion, which Is dated Jan. 20,
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
is the minimum period of Its duration.
Mr.. Clark then continues
The statutory provisions defining the power oil
the Commissioner OF Street Cleaning necessary To-
be considered in determining the question as to
the validity OF the proposed contract are the FOL
Il Section 7o4 OF the Consolidation act. as
amended by chapter 1853 OF the laws OF 1892, pro
vides among other things that the Commissioner
Of street Cleaning shall have power and authorit
ito remove from said city. or otherwise dispose OF
a. often as the public health and use OF the public
streets may require all street sweepinss' AShs'
T. Section 700 OF the Consolidation act provides
ssaid Commi ssioner shall have power to entei
into contracts with responsible persons and narls
for the ANAL disposition. for periods not exceed
ing I've years, OF all or any part OF said street
swespings, ashes or garbage when collected. pro
yidsa always ina. s sHsh cona,ous sv the BoaIC
Of Estimate and Apportionment All contracts
shall be entered into on behalf OF the city by IN
Commissioner with adequate security lie shhl
advertise for proposals In such newspapers In th'
city as hs may designate. not exceeding three Il
number for ten days, to perform the work In sucf
form and on such terms and conditions as he maS
prescribe. Such proposals may he Tor the per
iormsnco of all or such part or portion Of th'
work AZ he shall require From tbs
PROPOSALS received he may select the hid or bids
the acceptance OF which will, in his Judgment hes
secure the erectual performance Of the work OF
he may reject any or all OF said bids.
q I understand that under the scheme Of th'
statute all the work done under the direction o
the commissioner OF street. Cleaning, after tn,
svsspinga &c, have been collected as included
within the terms anal disposition -. c..
In order TO comply with section ios ot inc .on
solidation act In case OF the contract for ma
disposition covering period. the Commissioner
Firrt-~He must secure the approval Of the Roart
Of Estimate and Apporionment as 70 the term
and conditions Of the proposed contrast in ,oct
newspapers In the city he may designate, moi
exceeding three in nurher Tor ten DAYS ,r,,v and
Third--He must require adequate security anu
dspoait as specified in the statute. , =,
Fourth-From proposals received pursuant sa nj =,
such advertisement. he may select the MA "hlot
m his Judgment will best secure the efficient per
formancs OF the work and contract with such bid
dor. or he may reject all the bids and re-adVer
tise. , ..,,.,,
1 therefore advise you that the proposed contrac
10 invalid, and should not be approved
The illegality OF Dailey's private snaI
at the public expense was mrs, expose.
by 1.-THE Evening world" The Cor
poration Counsel sustained what "Ih'
Evening World" said: That Commits
sic ner Andrews had no right to make
priyate agreement with one contractor
10 the exclusion OF all other contra ctors
Through "The Evening WORLDS ef
fcrts thousands OF dollars will be save, savet
to the city and the taxpaEers. Iner'
are contractors who are willing TO tak'
Dsiley's contract for nearly one-hal
what ne was to be paid. and as th'
fipal disposition fund amounts TO near,s
1900 600 II may be seen what n goo'
thing DALEY would have had. thanks Il
Mr. Andrews.