New-York tribune., 1903-03-18
CIRCUIT HOLDS UP BILLS.
Says Sturgis Violated Lao IN Fire
house Repairs.
STATEMENT OF COMMISSIONER.


missioner Laimbeer in charge Of the Brooklyn
department. have dispute with the Controllers
office and the Corporation CounsePs Office on
account of about $1,000 worth Of repair work
done in ten different engine houses in Brooklyn
Controller Grout has decided to hold up the bills
for the greater amount OF the work because Of
alleged disregard Of the charter provision that
all contracts for sums in excess of 81 900 shall
be awarded only after competitive bidding. Cor
poratiOn Counsel Rives says that until he has all
the facts before him he cannot say whether
not there has been any violation Of the law
1T is very difficult" added Mr.. Rives. Ito de-
terrnine just how much latitude the head of
department has in letting contracts for emer
gency work and in determining what consti-
tutes job / wrote the Fire Commissioner
opinion in response to mis- request for one in De-
cember last"
Controller CIRCUITS letter the Mayor is
follows:
Sir deem IT ny duty to call to your atte1tiSn g ion
provision Of Section 4ls Of the Charter. Which pro
vtdes that work which III its several parts Involves
Contract This violation occurred in November and
SnanS rom t 2 m tn oSeP t @ on each
As full specification Of the facts transmit here re-
chief auditor Of Accounts in this dspartms,n; en-
counsel Of December 81 last addressed to the Fire
Commissioner: holding that the work referred TO Is
The papers in the case show that late last fall
the Fire Department officials in Brooklyn found
that they would have an unexpended balance Of
about $:}4 900 at the end OF the year. Many
small repairs were needed in all the engine
houses and permission asked Of Controller
Grout to make them without public bidding in
asrnuch as the weather getting cold and the
emergency seemed demand speedy action
The Controller told the Brooklyn department
that the law was plain, and that the Commits
sioner had right to let small contracts under
certain conditions Learning that the repairs
would cost $1,000 or more, the Controller ad-
yised that the matter be referred TO the Cor
poration Counsel. It would seem that the de-
partment officials in Brooklyn had gone ahead
with much Of the repair work without consult
Ing either the Controller or the Corporation
Counsel In his letter. dated December 81 MI
Rives quoted the charter. as follows:
Whenever any work is necessary to be done to
complete or perfect particular job or any supply @
and job is to be done. undertaken or supply tnTaI
shed for the city Of New9 ana .ne
involve the expenditure of more than NgS Nie tne
4ered 5hf b ae vofe Of Of the
elected to the Board Of Aldermen
Mr. Rives says the statute quoted has given
rise to a great deal of difficulty. as it is not easy
to say beforehand what constitutes work neces-
done to compete OF pcfletN q pa
ticuIar job" but the best practical test Is PROB
ably the test Of locality.
Mr. Rives adds that. in his opinion. the Work
cannot be divided into number Of parts. but
the whole work together must be taken as one
and "the cost OF all the different parts Of 1t
aggregated to ascertain whether or not 1t Is to
be done by a contract under Section 419. OF the
charter or whether it may be done without pub
lie letting" He continues in part:
It has been held by the Court Of Appeals that
the intent Of this provision to require the SUD
work to public competitive bidding. It Is exceed.
fngiy important that the officials OF the city OF
New-York should proceed with great caution IN
this matter. because under Section 1o0l or the
NAV be the basis OF a criminal Indictment and
moreover. the official ordering the Work done may
be personally liable for the cost In the case OF
James Kane who was a Commissioner OF Sewers
under the administration. an 1nd1cIHlent y" dS
found by the grand jury precisely this ground.
that he had awarded work Of cleaning receiving
basins without public letting to an amount eXceed
ing 81 600 The indictment in that case was get
aside hv the courts technical grounds, Dut Ihe
court recognized the rule herein set rortn
The papers make IT appear that at the time
OF the writing to Corporation Counsel RiVes
on December Il Commissioner Sturgis. follow
ing the custom Of the office. had approved
reouisitions for SD 800 all in small amounts
George A Pratt secured six contracts on De-
cember g. 1902, follows:
No l41 warm apparatus -*e83