The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-11-25
THE CORPORATION COUNSEL
PRESENTS OPINION ASKED FOR
BIZ LIGHTING COMMITTEE

On the Question whsther tho Conn
mittee Has Power 20 Reject the Pres-
ont Bids for street Lighting and Ad-
vertise for New Ones.
The committee on public lighting held
a meeting last evening in executive ses-
sion to consider what was best to be
done with the lighting contract. The
meeting was a lengthy one, and just
what was done could not be learned.
but at its conclusion the clerk stated
that matters had been talked over, but
that no definite action had been decided
upon. The committee will meet again
tonight and have invited the corpora
tion counsel to attend. The considera-
ton Of his opinion occupied consider
able time last night, and as there SEEM
ed to be some doubt in reference to the
matter it was decided to have him
present tonight to explain 1t in per-
son.
The mayor stated last night that he
did not expect to call any special meet
ing of the aldermen for Friday night,
and that the lighting committee would
likely report to the board at their meet
ing on Monday night.
The opinion of the corporation coun-.
sci in answer to a request for the same
from the committee on public lighting
as to whether they have power to reject
the present bids and advertise for new
ones was announced last evening.
In his opinion the corporation counsel
views the situation as whole and
looks into the sources Of the commit
tees power. He finds that there is,
strictly speaking, no distinct depart
ment of the city government to which
is entrusted the matter Of public light
ing. Mr.. Daggett then reviews the
work OF the committee in the case in
hand and the two aldernanic reports
and the recommitting of the matter.
He finds that the committee has not
now the power to accept or reject any
bid, and that their power is restricted
to recommendations to the board of all
dermen. He finds that the committees
action did not constitute an award of
the contract, and that therefore no bid
der or bidders have acquired any right
or interest in this matter.
Section 156 of the charter, which di-
rects how contracts shall be made and
provides for public advertising for bids,
does not limit the power Of the alder
men concerning contract for public
lighting. The board of aldermen may
authorize any department or officer to
make a contract without public adver-
tisement, and the board may make a
contract for lighting without calling for
bids.
The opinion OF the corporation coun-
sci follows:
Your committee still has its original
instructions, and If you think your for
mer inquiries insufficient and believe a
new advertisement for bids necessary
for the proper information Of the COM
mittee and the board, 1t is within your
power to advertise again. Such course,
however, would be unusual without q
previous rejection Of the former bids,
and, as we have already seen, the
board, and not your committee, has the
power to finally reject bids.
am therefore Of the opinion that the
committee cannot finally reject the
present bids, but may, IL the circum-
stances seem to warrant it. advertise
again. If this should be done, all bids
already made and hereafter made
should be submitted to the board for
acceptance or rejection.
You should understand from this
opinion that your power is not limited
to reporting concerning the acceptance
or rejection of bids, but that as the
board has power to reject all bids and
make a contract without public adver-
tisement, your committee, If 1t deems
best, may recommend such course. In
other words, the board is looking TO
your committee for specific recommen-
dations as to what should be done in
| the interests Of the city, and If any 9TH
er course than the acceptance Of one Of
| the bids already made seems to you ad-
visable, such recommendation may be
made.