Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-12-08
CITY ATTORNEYS OPINION.

matter Of the sale by city officials OF
merchandise, &C., for the use OF the
city, mention Of which was made in
Yesterdays Gazette:
CORPORATION ATTORNEY
FOR THE CITY OF ALEXANDRIA
Alexandria, Va, Dec. 9th, 1910.
Hon. Fred ]. Paff, mayor, Alexandria,
Va.
Dear Sir: In reply To- your request
for an opinion as to the correctness OF
the position taken by Mr.. A. D. Brock
EFT, in his letter to you of October "A,
1910, in which he formally protests
against the payment OF any bills for
which services have been rendered or
merchandise furnished, by o council
man, alderman or other city officer, I
beg TO submit the following.
have not considered it necessary,
considering the view take OF the ques-
ton, TO discuss your powers or duties
in the premises.
The act in question reads as follows,
viz: Sec. S23. 1t shall not be lawful
for any member OF the Council or
Board OF Aldermen, or any other Of
ficer, or agent, or any commissioner
appointed for the opening OF streets, or
any other member OF a committee con-
stituted or appointed for the manage
ment, regulation or control OF corpo-
rate property OF any city, during their
term for which they are elected or up.
pointed, to be contractor or sub-con-
tractor, with the said corporation. or
its agents, or with such committee, nor
snail they be interested, directly or in
directly, in any contract, sub-contract
or job OF work, or materials, or the
profits or. contract price thereof, or sny
services to be performed for the city for
pay under any contract or sub-contract
and no such councilman, officer or
employee shall be interested, directly
or indirectly, in any contract, sub-con-
tract, or job OF work, or materials, or
the profits or contract price thereof, or
services 20 be furnished or performed
for the city for pay under any contract
or sub-contract; nor as agent for such
contractor or sub-contractor. or other
person furnishing any supplies or ma
terials.
Every such contract or sub-contract
shall be void, and tine officer, council
man, agent, or member OF such COM
mittce making such contract shall for
felt 10 the commonwealth the full
amount stipulated for thereby.
No officer OF q city, who alone or
with others is charged with the duty Of
auditing, settling, or providing, by
levy or otherwise, for the payment OF
claims against such city, shall by con-
tract, directly or indirectly, become the
owner of or interested in any claims
against such city, Every such con-
tract or sub-contract is void, and il any
such claim be paid, tho amount paid,
with interest may DO recovered back by
the city within two years after payment,
by action or motion in the circuit or cor
poration or hastings court having jur-
isdiction over said city"
The third paragraph OF the said act
concerns only certain officers, either
directly OF indirectly buying or bccom-
ing interested in claims against the city
and therefore has no bearing upon the
matter in question.
The first paragraph specifies the Of
ficers, and what it shall not be lawful
for them to do.
The second paragraph provides the
penalty.
II the intendment OF the first para
graph was, that it shall not be lawful
for any councilman to be interested,
directly or indirectly, in any job Of
work done for, or materials furnished
to the city. whether the same be by
contract or not; then the act is not
effcctual; because the penalty provided
for tho violation thereof, set forth in
the second paragraph Of said act, is
that every such contract or sub-con-
tract shall be void, and the officer,
councilmen, etc. making such contract
shall forfeit to the commonwealth the
full amount stipulated for thereby.
In my opinion the intendment OF
the said act is to provide that it shall
not be lawful for any member OF the
Council, or other officer specified there
in, to be contractor or sub-contractor
with the city, and that part OF the said
first paragraph which follows that pro-
hibition, to-wit:
Nor shall they be interested, direct
lY, in any contract, sub-contract or
job Of work, or materials, or the pro-
fits or contracts price thereof, or any
services to be performed for the city
for pay under any contract or sub-con-
tract; and no such councilman. officer
or employee shall be interested, direct
ly or indirectly, in any contract, sub
contract, or job of work, or materials,
or the profits or contract price thereof,
or services to be furnished or perform
ed for the city for pay under any con-
tract or sub contract; nor as agent for
such contractor, or sub contractor, or
other person furnishing any supplies
or materials" is restriction or pro-
hibition upon the relationship or deal.
ing between any member OF council,
and other officers therein specified,
and a contractor or Sub-ccntractor
with the city, otherwise I do not think
that effect can be given to every word
in the said act, and rule OF law in
constituting any statute, is to construe
it, that, il possible, to give force and
effect to every part thereof.
Bowler, defines contractor as fol.
lows.