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


CORPORATION ATTORNEY
FOR THs CITY OF ALEXANDRIA
Alexandria, Va, Dec. 9th. 1910.
Hon. Fred J. Paff, mayor, Alexandria,
Va.
Dear Sir: Ia reply te your request
for an opinion as to the correctness OF
the position taken by Mr.. A. ID. Brock
EFT, in his letter to you Of October IA,
1910, in which he formally protests
against the payment Of any bills for
which services have been rendered or
merchandise furnished, by a council
man, alderman or other city officer, /
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. 1913. 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 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 ap.
pointed, to be a 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 any
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 the officer, council
man, agent, or member OF such COM
mittee making such contract shall for
felt TO the commonwealth the full
amount stipulated for thereby.
No officer OF a 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, the amount paid,
with interest may be recovered back BY
the city within two years after payment
by action or motion in the circuit or cor.
poration or hastings court having iur
isdiction over said city"
The third paragraph OF the said act
concerns only certain officers, either
directly OF indirectly buying or becom-
, ing interested in claims against the city
and therefore has no bearing upon th'
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 thu
: 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 0
work done for, or materials furnished
to the city, whether the same be by
contract or not; then the act is no
effectual; because the penalty provided
for the violation thereof, set forth il
the second paragraph OF said act, i
that every such contract or sub-cou
tract shall be void, and the officer
councilman, etc. making such contrac
shall forfeit to the commonwealth th,
full amount stipulated for thereby.
In my opinion the intendment o.
the said act is TO provide that it shal
not be lawful for any member OF this
Council, or other officer specified there
in, to be contractor or sub-contractol
with the city, and that part OF the said
first paragraph which follows that pro.
hibition, to-wit:
'NoF shall they be interested, direct.
ly. in any contract, sub-contract oil
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
J tract or sub contract; nor as agent FOL
such contractor, or sub contractor, OF
other person furnishing any supplies
or materials" is a restriction or pro
hibition upon the relationship or deal
ing between any member OF council
and other officers therein specified
and contractor or sub-contractol
with the city, otherwise / do not think
that effect can be given to every vorc
in the said act, and rule OF law il
constituting any statute, is to construs
it, that, il possible, TO give force ant
, effect to every part thereof.
Bowler, defines contractor as fol
lows.
Contractor. One who enters int
, q contracts this term Is usually applied
: to persons who undertake to DO public
work, or the work for a company OF
corpoYation on A large scale. alta Ger