The times., 1899-04-02

to refer to the records of the office TO show
that 1t has been the custom for the past
ten years.
THE improved alleys are cleaned at a
certain rate per 1000 square yards, the
same as the improved streets. and the
specifications prescribe the number of Ia
borers, horses. and carts; also an addi-
tional number II IL is found to be neces-
sary.
NO approximate area was given for
hand or machine cleaning for the reason
that the Commissioners. after receiving
bids, would have the right to use their
own judgment as to the amount Of work to
be done by the two systems according to
the price named In the bids.
I'VE should do the larger area of the
best and cheapest work, which can only
be known after bids are opened. We are
as much in the dark as the bidder is. as it
is best for us to know the price of the
two kinds of work before designating the
area
THE contractor can protect himself by
making his bid according to an approx
mate area which can be put in the pro-
posal-"
Referred to Attorney Thomas.
Upon suggestion OF Mr.. Ross the ques-
tion was then referred to S. T. Thomas,
the Attorney for the District. for his views
as to whether either OF the requests made
| by Judge Wilson could be regarded as re-
uuired by the law OF the case. Attorney
Thomas rendered an opinion yesterday in
effect that the requirements in the specifi-
cations were reasonable. It was approved
| by the Commissioners and is in part as
| follows:
Judge Wilson'S letter suggests two
points of objection
"First-That the specifications should
| not prescribe the number OF fOremen to be
| employed by the contractor.
"Second-That the specifications do not
| Indicate the amount Of work to be done by
hand and the amount to be done by ma
| chine.
| 1T appears from the report of Mr.. Slut
| Ter that il will be necessary to have one
| foreman to every twenty laborers, and that
Mr.. naggett. the present contractor for
hand cleaning, furnished since June 30
| 1897, four foremen for every sixty five la
| borers, or an everage Of one foreman to
every sixteen and a quarter laborers. The
| requirement Of the specifications that there
| shall be one foreman to every twenty five
laborers or fraction of-such number. work
ing in separate gang, would seem to be
a reasonable requirement. and such, in my
| Judgment, as is justified by the law au-
thori2ipg the letting of the work.
| "As to the objection that the specifica-
tions do not indicate to the bidder approx
mately how much work is to be done by
| hand, or how much Is to rbe done by ma
chine, the advertisement for proposals in
vites bidders to submit bids for clean ne
| the paved carriage ways OF such streets
and avenues as the Commissioners, from
time TO time designate. Under these con-
ditions the Commissioners, after receiving
bids have the right to use their own dis
cretion as to the amount Of work to be
done by the two systems named in the bids
THE object of the law being to get tins
best results for the public large discre'
ton must necessarily be conferred upon tins
Commissioners in order to attain that OBJ
ject My opinion is that neither OF the
conditions suggested by Judge Wilson are
required by law
The District Commissioners Will not per
NIT the specifications TO be changed.