Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1922-06-22
PAYMENT NOT
LEGAL, IS CLAIM
Mayor Refuses to Sign War
rant for Graham & Mckeon
Garbage Contractors
HOLD OVER CONTRACT
Gets Opinion From City At
torney--No New Contract
in Sight
HOLD OVER CONTRACT

Mayor William c. Wilson has re-
ceived from City Attorney Leo Gold
berger an opinion informing him
that the issuance of checks to Gra-
ham G. McKeon in payment for the
collection of garbage now being
lone by them is illegal. The mayor
this morning said he would pe
guided by the city attorneys op'n-
ion in the matter and refuse to
sign any warrants to Graham d Nc
Keon for The work done from now
on He said he would, however.
sign checks for the work done 10
date.
When questioned this morning as
10 the status of the garbage situa-
tion. the mayor said he had request
ed an opinion from City Attorney
Goldberger in order to determine
whether or not he could legally sign
the checks made payable to Graham
& McKeon for the collections oeing
made since their old contract with
thtr city expired. According to the
city attorney the action taken py the
aldermen i'll permitting the contrac-
tors to continue to collect garpase
on the price in the old contract Is
illegal.
The city attorneys opinion in full
follows: ,oo,
"Honorable William G. Wilson,
Mayor Perth Amboy, New jersey
s.My dear Mayor Wilson:
"Replying to your inquiry of even
date as to the legality of the pres
ent method of the collection OF gar
bage by Graham G. McKeon. You
are advised that the action hereto
fore taken by the council in permit
ting said contractors to collect the
garbage based on the price in the
old contract is not legal. 1t Is
violation of the law requiring adver-
tising where the amount involved
exceeds S500.00.
..There are only two things that
ton:
..(a) The city must do its own
collecting. or
"(b) To advertise for bids is
heretofore.
s.In view of the foregoing, the is
suance of warrants for the payment
IF such work is illegal.
Respectfully yours.
LEO GOLDBERBER.
''City, Attorney"
This decision on the Fart of the
Z only attorney will undoubtedly result
in the aldermen again taking up the
garbage question at their adjourned
meeting next Monday night in order
that a lega, way of disposing of the
matter can be taken.
The action of the aldermen came
as a result of all of the bids receiv-
I'd for the collection and disposal Of
garbage being about $4,000 higher
than the 1919 contract price for
three years. The aldermen then
passed a measure rejecting all bids
but giving Graham & McKeon the
privilege Of continuing collections at
the old rate. If they refused to do
this, according to the motion, the
CITY would do its own collecting.
No definite statement has been re-
ceived thus far from the contractors
as to whether or not they will agree
to the terms submitted to them py
the aldermen. but these contractors
are continuing collections.
Under the present condition, May
mr. Wilson said, it would be an easy
matter for Graham & McKeon to
continue to collect the garbage dur
ing the summer. when collections
are light owing to the absence of
ashes and the fact that many per-
sons go away for the summer, and
then refuse to make collections In
the fall when collections COM
menced to get heavy again. Such
an action on the part of the con-
tractors would then leave the city
unprepared to cope with the situa-
tion at once and result in trouble
and hard work for the street de-
partment upon whose shoulders
Would fall the responsibility of max
ing collections.