The daily morning journal and courier., 1896-08-26
MAYOR HENDRICKS VEro.
Full Text of His Communication in the
 Paving Question.

The tolloWlnS IS the Iull text or May or Hendricks veto of the resolution of both branches of the city government relative to paving Orange, Trumbull and West Chapel streets with Sicilian Rock asphalt,
 20 the Honorable Court of Common
 Council of the City of New Haven:
 Gentlemen-It did not occur to the enterprising members of the chamber of commerce, the source from which emanated the great question of per manent paving, that so important matter would result in so much agita- tion, and some disagreeable contention. Neither did the court of common coun- cil early in 1895, while obtaining the necessary legislation, for moment suppose that this question would reach the status it has,
 Yet our citizens as we'll as those of other cities demand, and will never be satisfied until they have acquired, an experience with asphalt pavement.
 It appears strange that our people are not satisfied with a good macadam for residential streets, which, if kept in good condition, is certainly equal to the best, especially when the material is placed at our doors and can, and should, be utilized for use on the un- paved streets throughout the city. But, gentlemen, to return to the subject of the asphalt contract which has been before this body so many times, As mayor and as a sworn official of the city, I feel obliged to return herewith, without my approval, the resolution passed by your honorable body, which reads as follows:
 Moved That the board of public works be directed to give notice to the Boston Asphalt company to proceed at once, under their contract with the city of New Haven, to pave Orange, Trum- bull and West Chapel streets" Ed ward A. Rourke.
 Questions have been submitted by your honorable body from time to time to the corporation counsel for opinions in relation to the regularity of the con- tract made between the board of pub- lie works for the city of New Haven and the Boston Asphalt company; also as to whether assessments can be en- forced upon the abutting property own- CTS under ten year guarantee, which have, so far as I am familiar with the subject, been answered by him in a manner satisfactory so far as the at torney for the city is concerned
 If the contract with the Boston As phalt company was not made in a reg ular and lawful manner, and in con- forn1ity with the act of 1885, 1t has been made valid by the concurrent vote of the board of aldermen, August Gil to 3D. and the board of councilmen Au- gust 10 Q9 to 8, providing it receives the approval of the mayor.
 While admitting that the contract was no doubt made by the board of public works in good faith, and that they performed their duty in manner following precedent and custom when orders have been submitted to them by the court of common council, and did, upon their best judgment, as we sup pose, after due investigation, award the contract for what they considered su- perior quality than that called for in the order Gas many believe it to be. while others differ on this point, yet that is q matter requiring adjustment by your honorable body, If possible. and should be done to the satisfaction of all who have the proper regard for the interest of the city, and especially to those who will be obliged to bear the burden of taxation. While previ- ous opinions submitted by the corpor- ation counsel on this subject are req sons sufficient, with others, for my ac- tion. and while you have by your rat ification of the contract made the same lawful to only limited extent you should before finally passing upon so important matter, consider the great responsibility you assume and the large expenditure involved.
 I am fully aware that there Is ne- cessity for street Improvements in our city, and 1t is unfortunate that any circumstance should have occurred to seriously interfere with and delay the fulfillment of the same as contemplat- ed But, gentlemen the city should not be placed in an embarrassing po- sition, and only the right methods should prevail in all public affairs. It would be far better for the city to become involved in a single law suit than to face litigation of larger num- Der, which the city may be threatened with if the work goes on as contem- plated.
 I quote an extract from the opinion of the corporation counsel submitted to your honorable body January 25th;
 "In order to charge the owners of property with the cost of an improve ment, the power must not only be ex- pressly conferred by law, but the pro- visions of the law must be strictly pur- sued. The successive steps to be taken preliminary to ordering the work done, the matter Of letting the contract and the mode of constructing the improve ment, when provided for in the law, are intended for the protection of the prop erty owner, and are his safeguards against the exercise of arbitrary pow CT. Each act required to be done is essential to the exercise of the juris- diction, and each must be rigidly pur- sued. The courts cannot say that the omission of some requirement. is unim- portant or that an act different from that directed is substantially as good. The effect of the proceeding being to charge the property of the citizen when a burden for the public benefit the re- quirements of the law as to the exercise of the power should be deemd manda- tory"
 This opinion applies in full force to the general subject now pending. Many