Year: 1877

QOnc IN an inferior manner Dy anOthcr Ut q
lower bid; in all Of which the contracts
made by the committee were sustained, and
the moneys paid to those contracting.


These are only few instances that might
be adduced from private and public COLI
tractfng to demonstrate that committees
when they advertise for bids should reserve
and exercise the right to reject. Sir, have
never heard this right questioned before.


But it happens that State officer is about
to put out printing job, and he takes time
by the forclock in order to protect that de-
partment against similar difficulties. After
giving in detail what is required by the
State, he states distinctly that he reserves
the right to reject any or all bids. He
then gives to bidders the information re-
ceived from the highest legal authority Of
the State-that the lowest responsible bid
der does not simply mean the party who
submits the lowest kal, and is able to give
q satisfactory bond, !5att the superintendent
is to be the judge, not only OF the practical
that particular kind Of work, but his iaclli-
ties for doing that work, and all other mat
terS affecting the prompt and correct eIecat-
ton of the cork.


Now, sir, you, Mr.. President, and the
gentlemen OF this Board, will readily per-
ceive that had your committee waited on
the law officer OF the State, his decision
would have been handed to us with one
simple alteration: be would have said the
committee, instead OF the superintendent.
Sir, what is the particular work we wish to
accomplish? 1t is to secure the best, most
expeditions, and thorough communication
with the property holders OF the city, and
all other persons enjoying the privileges of
the city. In the Judgment OF the commit
tee the Daily Dispatch is the channel
through which this information should be
conveyed, and, as we have previously stated
in our report giving our reasons for our ac-
ton, we repeat, the business community,
being the jurors, their practice confirms
our decision.


Thus, Mr.. President, we are able to give
precedents in committees, in private con-
tracts if necessary, in the formal action OF
your City Council, and the Interpretation
OF the principles of contracting under bids
by the highest legal authority Of the State,
and approved by our own legal adviser OF
the city, to prove to you that we, as your
committee, had the right to reject accord
ing to our judgment in the premises.


And now, sir, in the absence OF even an
intimation OF fraud, bargain, or any undue
influence over the committee, ask you and
this body, BY what principle in law or in
equity do the Council undertake to say that
this committee shall not exercise that
right in the discharge OF the duties
assigned to them? BY what right
conferred by charter, ordinance, law,
or usage, does the Council leave its estab-
lished custom to interfere with the work OF
this committee, so far as to attempt to re-
woke its action, and render void its con-
tracts without giving, or pretending TO
give, any evidence OF violation OF law
or usage, or the existence OF shadow Of
corruption9


Sir, we have rights coequal with the re-
sponsibllities you have put upon us by our
assignment to this committee. The duty
resting on us-to disburse to the best az
vantage the funds placed at our disposal-is
one that no other committee or person is re-
sponsible for. You and the city look to us
to exercise our Judgment in this matter,
and who is to shield us il this fund fails to
meet demands il yon interfere with our
workings2


Have this committee in the past given any
evidence that we are managing your funds
wastefully? This body may not know that
when this committee took charge OF this de-
partment of the city service that the annual
Appropriation had been generally so COM
pieteiy consumed that the Committee on
Finance had no grounds to induce them to
attempt to cut down that appropriation. and
that since this committee has had it in
charge, notwithstanding the lowest bid for
job-work last year was largely in advance
OF that OF the previous year, and notwith-
standing your committee did give the ad-
vertising to the highest bidder last year,
yet, with all this, they paid out Of their ap-
preparation the wages OF clerk who acts
for three committees, and turned over to
the Fire Committee in their time OF need to
purchase hose $1,000; also, to the Commit
tee on Grounds and Buildings, at later
period, $500. This, too, after running two
branches OF the Council, when all was con-
sumed previously with one branch.


Ii you need further evidence of the judi
cious management OF this fund, look to the
budget OF appropriations for the coming
year, as prepared by the Finance Commit
tee. They have so far compimented the
action of this committee rs to appropriate
only $4,000 instead OF the 81, 800 as formerly.
We do not bring this matter before you in
way of boasting; we bring it because this
committee has been grossly assailed. we
claim to have acted in the past according to
our best judgment. We can present O clear
record, and we must insist that il any ac-
ton is taken to interfere with our work,
that there must be record OF the facts
upon which our error exists.


II we have violated any law or usage, and
it is shown, there will be none more prompt
to reconsider the wrong-doing than we; but
in the absence Of such showing we do most
solemnly protest against such indefinite
action, carrying as it does censure on oul
committee.


But, Mr.. President, suppose fora moment
branch2 You thereby say that when bio
is made and the bidder Is able to furnish tht
material and labor THAT is proposed, and car
the same will be furnished, and thus take
! from the committee the right to exercise
their Judgment as to their ultimate designs
in the city service, where do you place your
selves? Our Committee on Streets will b.
compelled to accept the lowest bidder fo
the article mentioned, for they have NJ
| right to reject. Your Committee on Gas


In proposing for coal, will be compelled
to accept the lowest bid, though the yielt


in gas might not come within fifty per cent
OF another bid few cents In the ton above


and so with all other committees. So yol
see, sir, unless you are prepared to make al


unmerlted sacrifice Of the Committee OF
Accounts and Printing, you must accord Z
this committee the rights you accord Il
other committees, and vote this resolution
down. If the Council feel obliged to Civ


the advertising to the lowest bidder, wh'
had never been notified, OF the award, how
much greater is the obligation TO give it 4
the Dispatch, who had not only been con
tracted with in the most formal manner