The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-07-11
the Board of Public Works.
NEWCOMB NJ. BASSETT, Clerk
July2d, 1896.
Letter OF the Boston Asphalt Co.

NG NNoMp M. bAoSlLl L, clerk,
July2d, 1896.
Letter OF the Boston Asphalt Co.
To the Honorable Board of Public
Works of the City of New Haven:
The Boston Asphalt company re-
spectfully submits: That it is a party
TO three written contracts with the City
| OF New Haven. dated June Sd, 1896, for
| paving with Sicilian asphalt portions
of Orange, Chapel and IWlmbull streets
as specified in the contracts; that by
| the terms of such contracts the Boston
Asphalt company was obliged to fur
nish surety for the satisfactory per-
Torrance of such paving of the streets,
| and for maintaining such pavements
for ten years, and thereupon procured
the bonds of the American Surety COM
| pany to the City of New Haven, to the
| amount of $9S000, the cost of such
| bonds to the Boston Asphalt company
being about $4,000; that in reliance
upon such contracts the Boston As
phalt'company purchased, on June 4th,
| 1885, $500 tons of Rock asphalt, to ar
rive at the port of New Haven, $3.50
| tons of which are expected in the
course of two or three weeks; that in
| further reliance upon said contracts,
! the Boston Asphalt company entered
| into obligations for large amounts for
| the purchase Of a mill to be located
| somewhere in the city of New Haven,
| for the purpose of grinding its asphalt;
| that all oe this was done before any
! information was received by the Bos-
| ton Asphalt company of the action of
| the Court of Common Council of June
| 18th, 1896; that the contracts were en-
| tered into in good faith by the Boston
| Asphalt company, and were submitted
| to the corporation counsel; that the
| Boston Asphalt company is ready, and
| hereby offers to commence work in
| paving the streets mentioned in said
contracts, as soon as the Board of Pub
lie Works will give to it notice so to do,
as provided in the contracts
The Boston Asphalt company learns
| with surprise, through the public press,
| that the Board of Aldermen of the City
of New Haven has voted to repudiate
| 1t seems to the Boston Asphalt COM
pany immaterial whether the special
act of 1895 confers different power on
the Court of Common Council with ref
| erence to pavements, than is conferred
| by the charter of the City of New Ha-
ven, for by the act of 1895, the Common
Council, in exercising direction and
control with reference to permanent
pavements, undoubtedly binds the City
| of New Haven by it's action, and the
Court of Common Council, in ordering
| the Board of Public Works to cause the
/ streets mentioned in the contracts to
be paved with asphalt, without requir-
ing further authority from the Com
mon Council, thereby authorized the
| Board of Public Works to make con-
| tracts for said pavements, and to bind
| the City of New Haven in the making
| of such contracts.
| These contracts We're made by au-
thority of the Court of Common Coun-
| ell, under it's general direction and or
| der to the Board of Public Works
| In so doing the Common Council ex-
| ercised all the power Of direction and
| control that it deemed the nature OF the
case required. or that the nature of the
case in fact required
In our opinion there is no doubt
about the validity of the contracts.
With reference to the question
| whether the Board of Public Works
| acted wisely and in the interests of the
! city, it is submitted that that matter is
absolutely settled by the facts stated
in the report of the ub-committee of