New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-12
MR., CIRCUIT FACES ABOUT.
Continued from first page

Company and in his anxiety that there should
be no doubt as TO the binding ChaIa ter of the
obligations of the city to the company under the
new contracts, he overlooked entl- ely the pfeJu-
diolal erect that the new contracts might have
on the claims for reduction of last years light
ipg bills. With singular promptitude, after the
new contracts were signed. the necessity Tor
paying last years claims in full was recognized
by Mr. circuit
was it not duty resting on the Corporation
Counsel t" have pointed out this result before
hand, particularly IN view of the fact that he
is counsel for the city in the mandamus suits
brought by the companies to compel the city to
execute the 1913 contracts and will be counsel
for the city if the companies sue for the 1908
claims and that in either event it was TO the
interest of the city to preserve good a de-
fence as poSSible2
There can remain no doubt in the mind of the
least careful reader OF the Corporation Counsers
opinion that ne aware the city dealing
with complete monopoly, but no suggestion OF
a means of extricating the city from this in
tolerable situation appears: nor Is there hint
that it would be good thing for the city to be
eXtricated. although the range of subjects not
strictly legal on which the Corporation Counsel
felt himself qualified TO comment is extremely
wide.
Law READY FOR TAMMANY.
The Board of Estimate and Apportionment at
recent meeting instructed the Corporation
Counsel to draft bill providing for a municipal
electric lighting plant and to introduce it at the
coming session Of the legislature If the board
is really anxious for a municipal lighting plant
would it not be we'll before appealing to the
legislature, to ascertain whether the city may
not already have the power? The legislature of
1904, with little discussion of the subject passed
an act, chapter 400, amending the charter by
increasing the powers of the Board of Aldermen
After giving the aldermen additional powers in
building and equipping boats, telegraph lines.
public comfort stations. etc. the new amend
ment proceeds:
In addition to the specific purposes here
inbefore set forth. the Board OF Aldermen may
also create loans and authorize the Issue of
bonds FOR ANY OTHER PURPOSE con-
NECTED WITH THE EXERCISE OF THE
VARIOUS POWERS CONFERRED BY THIS
Wy
Any DEPARTMENT OR OFFICIAL THERE
OF; provided however, that no bonds or other
evidences of Indebtedness shall be issued for
such additional purposes unless first approved
by a unanimous vote of the Board OF Estimate
and Apportionment entered upon the minutes
of record of such board.
The words emphasized. taken in connection
Subject to the constitution and laws Of the
State, the Board of Aldermen shall have power
to provide for regulating, grading. flag
giug, curbfng, guttering and lighting the streets.
would seem TO give the city sufficiently general
power to do almost anything 1t desires in
nection with lighting streets.
The new Amendment to the charter. which has
once already escaped the Board of Estimate and
Apportfonment, may contain unsuspected DOW
ers In the way of a municipal lighting plant
Following is the opinion submitted by Mr..
DeIany 10 the Board of Estimate on July T.
4 received a letter from your secretary. dated
June 20 1904 to the effect that at meeting OF the
Pea b2ard ~ held lyme 10 1891 the matte Of awardns
haitian and The Bronx was taken up for considera-
"whetfer or not the fact that patented articles
wore offered in resPonre these bids makes sit
AND 9nd by q Of the
contract for p ii 9T ne b IS B amy We 10
Bronx in view of the fact that there were no bids
gate is Tequired 10 approve lighting contracts under
recty stated in this quotation and will answer
which they propounded.
The hrst qusstl0n to consider. IS why this nat
The Commissioner OF Water Supply. Gas and
advertised for bids for lighting the streets and pub
ds tR 'F submit 9r !ea aeP
nish parts of what was called for in the pro-
# Rs qT E Rq IL g5 m
and conclude the contract without action by any
p Setter q. So hoTsver the following clause
ceeong one yea. and shall be awarded the low
est bidder. unles3 the Board of Estimate and APP
Portonmeat shal! determine that it is for the public
interest that bid other than the lowest should be
After the, bids for the year 1894 were opened. one
Sf the 65ddep the American Street Lamp and
and that The contract should therefore be awarded
TO Itself This the Commissioner declined 10 do
Court to rastran the etg of tb 1he SUPREME
other bidder than itself and obtained prein-
mary injunction
When the matter came befcre the court on the
merits ! submitted very full and elaborate papers
including brief setting forth the whole situation
Inc argument was heard before ar. Justice O'Gor-
mar Wto vacated the preliminary injunction and
junction; that no reason was disclosed in the
papers why the court should interfere with the
proposed ACTION OF the city authorities that thew
were not obliged to let the contract to the lowest
bidder but could If they fit let it to the high
Company not conditional or alternative and so
since been discontinuei. 1
NOT A LEGAL BID, HE SAYS
On the argument and in my brief commended
SunpIy Company not legal I'D at all. because
bids we're asked in fact it did not bd for 5GF upp
ing gas at all, which. of course. is the thing
While the court did not distinctly decide that
ne pa or this company was no BID at all. OF
the opinion that such is the case. If the bid OF
the American Street Lamp and Supply Company
bid Of the SonsoIste cas- %o me- GTn0s that me
Borough of Manhattan was the lowest bid and i.
such is the case the Commissioners of Water supply
Gas and Electricity would have full power to
award the contract to that company without any
ment. g 0''u Appor 'ioH-
II. view, however, Of the possible doubt upon the
public press and elsewhere of the Consolidated
Gas Company, and in order that there might be
full public discussion and invest alton Of the mat
ter It seemed best both to the Commissioner and
of Estimate and Apportior tnei,t Whether any
action by the board Is necessary such action can
Objections II as requested 6y the "Reminiscences
the board ADOPTS resolution to the effect that 1t
Is for the public interest that bid of the Com
soIidated Gas Company TO the Borough of Man
haitian. and the bid of the Welsbach Street Light
acceoted a. - INC Doious" OF Inc Bronx be
The second question to consider relates to the
1t is stated in the letter from your secretary
not bid for lighting that borough, but five bids
SoWe that of the Wsac 3n reef Of
Company; was for lighting with mantle lamps. and
Gas Company as to the Borough of Manhattan