The daily morning journal and courier., 1896-08-26

But gentlemen, 1t is hardly necessary Tor me to allude further to the many obstacles, statements, and other con tentions, made for and against the con- tract which have attracted so much at tention from all parties interested, as each of you is already quite familiar with them. I will, however, quote for your further information the latest opinion given me by the corporation counsel, and from which have finally arrived at my conclusion to disapprove the ratification of the contract with the Boston Asphalt company and which was obtained soon after MT. Elys re- turn from his vacation.
 New Haven Conn.,, August IS, 1896. Hon. A. c. Hendrick, Mayor of City of
 New Haven. Dear Sir:
 In your communication of August 17th you ask me, first: What would be the result so far as the interest of the city is concerned if the mayor approves the action of the common council in ratifying the contract be- tween the Boston Asphalt company and the board of public works? Second: Are the proceedings lawful? and third, If not lawful. what would be the only correct measure to proceed in respect to carrying out the act of 1895, and its proper execution of the same as relates to permanent paving and bonding the city for their payment, and legalizing the assessments upon abutting property owners?
 In answer will say, in my opinion, if the mayor approves the action of the common council, 1t will then be con- tract made between the city of New Haven and the Boston Asphalt com pany, and the Boston Asphalt compa- ny will have all the claims against the city that it would have if the contract had originally been made directly through the court of common council. As the contract now stands I do not think the adjoining proprietors and the street railway companies can be as- | sessed for their proportional share of the expense, because the contract in- cludes an agreement to repair, as well as an agreement to build, and the two are not in any way separated by the contract. The only expense that can be assessed against the property own CID lS liG ,tApGilSC OI pdiitiiiiS ol Soi- structing the pavement, and there is another question as to whether the pro- ceeds of the bonds could be expended for payment of the sum due under this contract.
 The court of common council has un- questionably the right to ratify the ac- tion of the board of public works if it sees fit, and to that extent the action is lawful
 As to the third, I cannot say that there is only one correct method of procedure, but one way, I think, would be for the court of common council to appoint somebody or some board to ad- vertise for bids and terms, which bids and terms should be reported back to the court of common council, and the court of common council could approve of one particular bid, and direct cer- tain persons andproper authorities to enter into a contract with the person or firm making that bid, and the con tract should not include any agreement to repair, except possibly an agreement to repair all defects of construction within certain period of time short enough to make it manifest that it is mere guaranty assto the quality Of the work, and not a contract for repairs.
 Respectfully submitted
 WILLIAM H. ELY. Corporation Counsel Therefore, gentlemen, in conclusion, while former legal advice was sufficient for this action, Tam now still more fa- vorably impressed with this last opin- ion of our legal advisor that, while you have by majonity in both boards de- cided to ratify the asphalt contract, and thereby assume the responsibility, l prefer, under all the circumstances, to leave that responsibility with you. If your honorable body does assume the responsibility and thereby make the contract binding upon the city. it would seem wise and prudent to sus- ] pend all asphalt paving this year, and l in the meantime if found necessary, acquire further authority at the com | ing general assembly to legalize any | action taken so that appeals from as sessments may not avail, and contracts may become valid in all their details. | Respectfully submitted, C JENDRJCK Mayor