The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-27

City Solicitor George M. WatsonS in
an opinion transmitted yesterday af-
ternoon to Director of Public Works
John II. Roche, i'm response to a re-
quest from that official, holds that un-
der the ripper act the city recorder
and the head of the proper department
have the right and authority to award
contracts for work to be done for.
and material to be furnished to the
city.
The city solicitors opinion is n most
interesting document, inasmuch as the
Interpretation he puts upon the law
Is one which has not previously been
even considered. After citing that
portion of the-act which goes on to
say that contracts "shall be let as
heretofore in cities of the second class
and all bids shall be received and
opened publicly by the official or conf
mittee intrusted with the awarding
of the contract" also that portion
which says that mo contract shall be
entered into or executed directly by
the councils or any committee there
Of he goes on to say:
"It appears that the legislative in
tent was to relieve councils from any
responsibility in participation in any
contract made on the part of the city.
The statute takes from them the
power to enter into a contract either
directly or bv committee, and | do
not understand that they have any
authority to procure bidders or open
such bids ot persons as may answer
the advertisement and desire 20 enter
into Il contract
FORBIDS COUNCILS.
'.rhe last part of the first para
graph OF Section / of Article Nv men
tions committee or official intrusted
with the awarding of the contract
The next paragraph forbids councils
from entering into u contract directly
or by committee, SO we must assume
that the committee meant in the last
part of the first paragraph could not
have been created by councils.
"The legislature intended to relieve
councils from all responsibility in re-
lation to contracts and to rcposc that
responsibility in the head Of the de-
partment under whose direction the
work would be done, the city recorder,
who is responsible for the good con-
duct of the direction of the depart
ment and the controller whose duty
it is to see that no one presents su.t-
ccssfully any unjust claim against the
city
'.rhese people have given sutiiicnt
bonds to protect the city against any
unfair and unjust claim and the legis
laturc did we'll when they made them
for the good conduct and
faithful. performance of contracts.
Il am of the opinion that contracts
for work or material should be ad-
vertiSed for by the head of the de-
partment and the city recorder: that
the bids should be opened and con-
sidered by the city recorder. the di-
rector of the department and the SUI
of the bureau or sub
division of the department, and
awarded by them SO that the best in
formation may be obtained before the
execution Of the contract"
HE HAS NO DOUBTS.
II will be noticed that there is no
doubt in the city solicitors mind that
the entering into" contract means
the awarding Of one" He takes this
for granted when he says that coun-
ellis have nothing to do with con-
tracts.
He makes no reference whatever to
the contention made by Director Roche
that under the old act of 1874 it would
be necessary for councils by ordinance
to designate who should award con-
tracts. While he has not set forth his
views on this point in the opinion,
they are, nevertheless, known.
The very last section of the ripper
bill provides that "all other laws for
The government of cities of the Sec
ond class, unless preserved by the
terms of this act, as we'll as ell laws
Inconsistent: with or sunnled by this
act, are hereby repealed"
city Solicitor Watson hclds that the
words "as heretofore" III the ripper
bill are not sufficient TO preserve the
Terms of the old act, which provides
that councils shall pass an ordinance
prescribing rules and regulations for
he awarding of contracts. He con
lends that there must be something
more specific; that the section of the
act desired to be preserved and the
late of its passage should have been
included in the ripper in order to make
t apply.