The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-07-07

to diVest itself of all control and right
of interference, and to transfer the
duty that the legislature imposed upon
it to the board of public works. The
legislature cast upon the common coun-
Gil the power and duty of controlling
and directing this work, and 1t is very
doubtful whether 1t could divest itself
of this duty. Certainly without express
language to that effect, 1t ought not TO
be inferred that it intended to.
No authority to make such contracts
as it may see fit is necessarily confer
red upon the board of public works by
the language of the order passed by
the court of common council, and no
such authority is conferred upon it by
the charter. Therefore, in my opinion.
if the court of common council wishes
to set aside and declare invalid the con-
tract entered into by the board of pub
lie works with the Boston Asphalt COM
pany, it can do so.
Alderman Hamilton offered the fol-
lowing resolution, to which unanimous
consent was given and the vote was
passed:
Whereas, The board of public works
has entered into an alleged contract
with the Boston Asphalt company for
the paving with Sicilian Rock asphalt
portion of West Chapel street, Or
ange street and Trumbull street, in the
city of New Haven; and,
Whereas In the opinion of the court
of common council, in making said al
legged contract, the board of public
works has exceeded its authority;
therefore,
Resolved, That the action of said
board of public works be and the same
is hereby disapproved and disaffirmed,
and that said contract be and the same
is hereby declared invalid and not
binding upon the city of New Haven;
and be it further
Resolved, That copy of this resolu-
tion be forwarded to the board Of pub
lie works and to the Boston Asphalt
company.
This was followed by another resolu-
tion offered by the chairman of the In
vestigating committee, as follows:
Whereas, The special act approved
July l, 1896. authorizing the city of New
Haven to issue street pavement bonds
especially provides that the new per-
IllhHGlI pdNGIIIelllS w pG SOiioli oStNu ~
the city of New Haven shall be laid
upon the credit of the city of New Ha-
ven, and under the direction and con-
troll Of its common council; therefore be
1t
Resolved by the court of common
council OF the city of New Haven, That
hereafter, and until further orders of
the court of common council, all or
ders for permanent pavements passed
by the court of common council shall
be sent to the board of public works,
| and said board of public works shall
have specifications drawn for contracts
to construct such permanent pave
| ments, and bids for the work under
such specifications shall be duly adver-
| tised, and before any contracts are
made or signed in behalf of the city
the bids for such work shall be report
ed to the court of common council from
| the board of public works for its ap
proval or disapproval; and 1t shall be
the duty of the president Of the board
of public works or the city engineer to
appear before the court of common
council to answer any questions that
may be asker in relation to the same;
and 1t is further
Ordered, That no contracts for per-
| manent pavements to be constructed
| under said act of 1895 shall hereafter
be executed or binding on the city or
New Haven until the same shall have
been signed by the mayor of New Ha-
ven, the president of the board of pub
lie works and the corporation counsel.
| Alderman Rourke of the Seventh
ward gained the floor with an order
| which he thinks will benefit the work.
| ingmen of the city, and reads as fol-
lows:
Ordered, That laborers, wor1men and
| mechanics who have resided in this city
for one year or more ibe employed upon
daily wages by the board of public
works to perform the labor of paving
Wooster and Ashmlin streets.
ordered, That the board Of public
works be and it is hereby authorized
and directed to carry out the foregoing
order and to purchase the necessary
brick required of size and quality like
unto those used in paving Chapel street
at the intersection of State street; also
cement and other necessary material,
and to provide broken stone or what
ever else may be needed in the perform
ance of the work to the best advan-
tage of the city of New Haven.
On motion of Alderman Guernsey 1t
was voted to appropriate funds from
the uneMpended balance for the purpose
of spraying trees to lay a foundation