Evening journal., 1904-04-26
City Solicitor Harman
and Mayor Bird Devote
Some Attention to De-
partnent
Members Say That They
We're Simply Follow
a Precedent-Action in
One Case Is Rescinded

Mayor Charles d. Bird and City So
licitor Robert G. Hartman were again
visitors at the meeting of the Board
OF street and Sewer Commissioners
this morning. This time the mayor
and Mr.. Harman brought to the at
tention of the board its past actions
relative 10 the awarding of contracts
without advertising for bids, demand
ing surities or presenting contracts en-
tered into, to the city solicitor for his
approval. Mr.. Harman presented the
following communication:
Wilmington. Del. April 26. 1904.
To the Board of Directors of the Street
and Sewer Department:
Gentlemen.-I return the enclosed
papers without my approval, for the
reason that the board, in this matter
has acted i'm open disregard of Sec
ton of the Act creating the Board
of Directors of the Street and Sewer
Department, with which section the
board. by this time, is certainly
familiar.
This section requires that the board
shall advertise for bids or proposals,
etc. five times in each of two daily
papers of the city Of Wilmington. This
the board did not do, but, as 1 have
DrtH AAiARl AANAf ANAANfNNA RANt' A-NA--
certain persons by letter.
The section also requires that each
bid in shall be signed by the bidder,
and be accompanied by an undertaking,
signed by the persons offered by the
bidder as his sureties declaring their
consent to be such sureties, in the
event of the contract being awarded to
such bidder.
This was not done, and the board
failed to require it to be done.
This section also requires that the
board. when It awards a contract. shall
+ approve the sureties offered before the
contract Is awarded.
This, the board also failed to do. and
without requiring any sureties at all
awarded Cor legally speaking, attempt
ed TO award) the alleged enclosed con-
tract.
The bond sent me does not contain
the name or names of any surety OF
sureties.
I have been informed that the boart
has awarded a number OF contracts
and all in this same unlawful manner
and as the above mentioned section
was prominently before the board il
tile open and public discussion Of th'
Welsbach and Prices Run sewer mat
ttrs; and. as the board, undoubtedly i
thoroughly familiar with this section
tile Boards action, in this instance
would seem TO be wholly inexcusable.
The contract thus returned, involve
about three thousand dollars, and worl
on II has already been commenced, al
though II has not been approved b.
the city solicitor or signed by tn
mayor
And what has been said in regard {
this particular matter, applies wit
like force to all other contracts tina
have been thus awarded by this boar
that is to say. the members of tn
board in awarding contracts i'm tn
manner above mentioned, have not onl
disregarded their sworn oaths, but hav
acted in open violation of this pro
vision of the act creating the Boar
Of Directors of the Street and Sewe
Department
To be specific. the Board of Director
of the Street and Sewer Department
from April, 1899. about the time tn
president of the board became a mem
ber thereof, has awarded about seven
ty-nve contracts of various kinds
and of these. fifty have been awarde
in the unlawful manner above men
toned. These fifty contracts involve
an expenditure or over sixty thou
sand dollars. And since January, 100
when the two new members of II
board were appointed. as far as ] haN
been able TO ascertain, the board hs
awarded some sixteen or seventee
contracts. not one of which wa
awarded in compliance with lax
These contracts involved an expend
ture CT about thirty-six thousand do
lars.
deem II my duty to bring this ma
Ter. in this manner. to your attentio
especially as this board. since the al
appointment of It's present two ne
members. has never once complied vii
the law IN the awarding of contracts.
Respectfully,
Robert G. Harman.
City Solicltc
The papers referred to by Mr.. Ha