Evening journal., 1912-05-04
RESCIND The
new GARBAGE
CONTRACTS
Present Board Of Health Acts
on Advice Of Mayor and
City Solicitor
ACTION MAY SEND
QUESTION UP TO COURT

tne collection of garbage awarded 10
hlgn bidders by the board Just retlr-
ed from Office the new Board OF
Health met in special session last
night and adopted resolutions rescind-
ing the contracts.
The board took this action following
the reading of the communication
from Mayor Howell and after remarks
made on the subject by City Solicitor
Hastings who attended the meeting.
City Solicitor Hastings, it is under
stood, informed the members that the
contracts as they stood. were valid,
unless the court decided. in case legal
action is taken, that the old board
abused it's discretionary powers. Mr..
Hastings said in his opinion the old
board had.
Mr.. Hastings said that there was
question that the contracts had not
been completed because the President
of Council and the Mayor had not used
their discretionary powers in approV-
ing the bonds of the contractors. Air.
Hastings said that even if the con-
tracts made by the old board are valid
the city has $4,000, the difference be-
tween the high and low bidders, TO use
in paying damages, if the city is held
liable for damages. and the city would
still be nothing out If the matter IS
taken to court he said. and the YER
dict should be against the city and the
city be compelled to execute the con-
tracts the city would be nothing out
but the costs Of the suit
Mr.. Hastings said that it was neces-
sary to take hasty action in the mat
ter TO prevent the men AWARDED lhe
contracts from ordering garbage
carts.
CITY Engineer Alexander J. Taylor,
who is a Democrat and member OF
the board by reason of the once ne
y, holds, attended the meeting last hleht,
NJ but refraiued from voting on any oi
the questions. He made a statement
in defense of the retiring board, oi
which he also was a member, saying
that not always we're best results OBJ
famed from low bidders. He added
q that the retiring board had gone into
81 The garbage subject thoroughly ano
81 had done what il thought best for an
improved system of garbage collec-
Il tion.
Following the adoption of the reso-
buttons DR.. H. w Briggs moved tha'
the secretary be directed to adver
ri tise for new bids, which motion pre-
vailed
While the law sets forth that th'
function of the Mayor in the matter
at issue is purely ministerial and tina
s he is required to sign the contracts
no matter what his feeling may be
il seemed to be the desire of the boar'
4 10 test the validity Of the contract
III In court. il necessary. There now
seems TO be no doubt that the cas-
will go to court. as the men to whom
"a the new contracts are awarded are no
expected to give them mp without
fight
board follows:
Whereas. At special meeting Of th
Board of Health, held on the first da,
of May. A. d. 1912. the day when th
terms Of four of the five members o
this board expired, bids for the collec
ton of garbage in the four districts o
the city Of Wilmington were opened
and
Whereas. BY the minutes OF the SAT-
meeting. the bids OF William J. Win
chester for the first district, al the sun
OF S6.4SO. and Martin +. keogh for tn
second district. at tho sum OF Sl6,4ol
and James C. Leblanc for the third dis
trict. at the sum of $4,000, and DAME
Mccormick for the fourth district, a
the sum of S2SOS0. were accepted an
contracts awarded to the bidders at tn
figures above set forth. and
Whereas, The minutes show that tn
aggregate amount Of these bids was }
excess in the aggregate amount OF tn
lowest bids in the sum OF over SlsOO'
and
Whereas. The board is Of the opinio
that the said award of contracts fo
such amount was a violation of the la'
IN that inter ala it was an abuse Of dis
cretionary power, and,
Whereas. The surety on the bond
hven by the said bidders have not bee
approved by the mayor or the presider
3 of Council, and,
Whereas. The contracts for the cole
ton of garbage in the respective distric
have not been executed by the mayo
and,
Whereas. The mayor has returned
the board contracts above referred
M without his approval, now, therefor
be it
Resolved. That the motion made
DR., Cleaver, at the special meeting
the board on May 1. 1912, and adop
ed by the board. to award the contrac
for the collection of garbage in the Fir
district TO William j. Winchester,
b lis bid of S64S0, be and the same
hereby rcscindcd. and be it further
Resolved. That the motion by N
Iiiz. at the same meeting, and adop
ed by the board, to award the contra
VIZ for the collection of garbage IN the se
81. ohd district, to Martin +. keogh. at }
bid Of Sl64OO, be and the same Is her
.-= by rcseindcd. and be IL further
Resolved That the motion made
Dr. CleaNcr, at the same meeting. al
adopted by the board, to award {
contract for the collection of earba
in the Third district to James c. Lehai
AZ his bid of Sl5,500. be and the same
hereby rescinded, and be it further
Resolved, That the motion made
W Mr.. Hall. at the same meeting, a
adopted by the board, TO award the &C
tract for the collect. n of garbage
The Fourth district to Daniel McCorm
"A at his bid OF S2s, ,0s0, be and the same
s5 hereby rescnded, and be il further
Resolved. That the secretary OF
board be and he is hereby instructed
forthwith and by registered mail cer
fed copy of this rcscindation TO Willii
J. Winchester, Martin f. keogh, Jan
G. Leblanc and Daniel Mccormick.
persons mentioned in the motions alb,
rected.
5000 FOR MISSION WORK.
A,--fIf.r.- ~