Year: 1872

TIE REET-CLEANING PROBLEM.


MAYOR HALL AND COMMISSIONER BoswoRrTI


PRONOUNCE THE PRESENT CONTRACT IN


vALID--vIEws OF CONTRACroRs'


The Mayor and tho Board OF Police met
yesterday Mt Police Headquarters TO receive the report
OF the Mayor and Commissioner Bosworth who had been
appoipted a Committee TO examine aud report on the
validity Of the Street Cleaning Contract OF 1865, made
with Mr. John L. Brown The report, which is long and
almost incomprehensbe TO any other than legal mind,
declares in effect that the contract IL invalid, and
henceorh be considered void, that NewYork. for
the present is technically 1t has long been pract-
cay, without streetcleaner The opinion Is as follows:


To the Board Of Police. Tie undersigned, TO whom it
referred TO examine the question whether the street
cleaning contract, sOcaled, Is legal and existing OF Is
unauthorized and void and report their opinion In rea


on thereto have performed the duty assigned To them
and submit the following opinion expressing the con-
clusion which they have formed and briefly the reasons
Which based whether the contract for street.
cleaning dated June 1865 valid or void In its IN
oepten depends upon the consttntionay OF that part
chap OF 1865 which authorized and re-
quired contract be made for cleaning tho streets OF
EewYork by the officials therein designated inc act
is entitled An act TO enable the Board OF SUPERVISORS
OF tho County Of NewYork 10 raise money by tax for
the of the Corporation OF the City OF New-Yorb and
IN relation 10 the expenditure thereof laws OF leo p
l326 II tho part OF the act authorizing that contract
be Unconstitutional II must be for the reason that con-
fcts with that provision In the Constitution which de-
clares that "No private local bills which may be
passed by the Legislature shall embrace more than ono
subject and that shall be expressed in the title" TART.
A. l6) The city charter In force when that act was
passed provided that There shall be bureau In the
City Inspectors Department, TO be called the Bureau OF
Sanitary Inspection and Street Cleaning" under the
control OF officer named the "Superntendent or san
tary Inspection" and who shall render "such services
as by ordinance may attach said Bureau in cleaning
the streets and in the abatement and removal o,
T@ws Of 1851, vol l. D. $50 az The Mayor Aldermen,
Commonalty by virtue Of the authority vested In
them by charter provided by ordinance that The
superintendent of Sanitary Inspection shall have cog
nizance and charge OF the public streets" DC. Laws
s2 1881 II the part Of Chapter eie of the Laws OF
1865 ow under consideration be valid then u amended
passed by dvesting the Mayor Aldermen and Common
atty OF the power conferred by the charter to provide
vision direction Of designated officers: That this act
is local. is free from doubt under the decisions OF the
late and present Court of Appeals 1t relates only to
the City of New-York and has operation outside of
the city limits 1t affects only particular locality ana
any law limited to particular locality less than the
whole State is local. irrespective Of the population OF
such locality whether great or small CThe People agt.
OBnen IS r. W 99J The title OF the act In question IN
the case last cited is the same IS that OF Chap GAG OF
Laws 1866 except that the former contains the add'
tional words "and provide for the auditing and pay
ment OF unsettled claims against said city, and in rea
| tion to actions at law against said corporation


Of 1865 express and what is the object and purpose OF
that act indicated by ITS ttei The answer to this


monS Others Of The grounds Of the decision Of the Court
of Appeals the recent of Huber ag The People,


in Huber agt The People An act TO make further pro-
| vision for the government Of the City Of New-York"
The tile of the act the validity OF which it has been
made the duty Of the Police Board to consider is "An
act TO enable the Board OF Supervisors OF the County of
NewYork to raise by tax for the OF the Cor
poration OF City of NewYork, and in relation 10 the
the Court in Huber ag The People, says: "The titles
OF the acts apt and expressySof OF their purpose and
object Indicating clearly that they revenue acts
acts providing ways aud means for they support and
carrying on the city and county government as organ
zed. The title of tho docs not indicate an intent to
change the forms or alter the character Of the city
ernment in any way TO amend the charter When the


Legislature intend that the title expresses tine intent and
oharaeterzes the act gsee laws OF 1870 chap y! Laws
| OF 1871 chapters 673 and SAD


to provision for the City Government was act
reorganize or to change the Government or
its organic law in any respect" The very words recog
nze city government IN existence, for the support
OF which provision is 10 be ms ie The governmental or
ganization as It exists is to provided for by supply


ing with the proper or its necessary disburse


If it would do violence to language to hold that the
title Of chap 6i6 Of the 1s65 indicates intent
change the organic law OF the City Government in any
wond have that eject conflicts With the constitution
and is void The validity of any particular provision
organic law may be affected by It, In every respect IN
which 1t purpOrts to change It, law Is unconstitutional
Chap GAG Of the laws OF changed the then organic
law df valid In respect to matter OF great public im
portance, involving largely not only matters affecting
the individual comfort and convenience. but the health


the OF that act authority was given to commits
sion created by it, make contract period OF not
less than years, for cleaning the streets and the
OF ashes and garbage and to the extent OF the
authority thus conferred, the Mayer, Aldermen, and
Commonay divested OF authority and the organic
| law was changed without there being anything III
the title OF act to indicate any such purpose and
| object. -,


An act which, by its title and in terms should provide
for the support the current year, OF local Govern
meut then existing, and also for modification or IFS
corporate powers would embrace two subjects, relating
to the same locality Providing Tor one years support
of local government as IT exists, and FOR change IN
the organization OF that Government are distinct and
different subjects. The reasons which the Judgments
were rendered in The People agt OBrlen and IN Huber
agt The People, and in various cited In the opn


ions OF those actions lead rIessDy TO the conclusion
that the contract Of June g. sG5 was void In its incep
ton and should be terminated June T. 1872 by declara
ton of this Board that it Unauthorized and void
J. $. BoswORTH,
| Neu- York, May 20, 1872 A. oAKEr HALL.
| The report was received without comment by the
Police Board.


| Action has not yet been taken any Of tho bids.
These were the subjects OF much comment among con-
tractors yesterday The enormous amounts asked for
| removing ice and snOw-four OF the bids exceeding
ST. 100000 each-were characterized absurd. The
small number OF bids for street cleaning also COM
inented on as indicating that contractors would not put
IN bids the work until the Board Of Police made more
definite proposals for the work to be performed.


prominent contractor, who has had considerable TO
do years past with cleaning the streets, In CONVERSE
tion yesterday with reporter Of The TRIBUNE, es


mated that about COO sweepers, $50 ascarts. and 352
drt-cars would have be employed constantly during
the Spring and Summer months. During the late Fall
and Winter the force could be considerably reduced The
snow and ice the leading thoroughfares could be
moved at average cost OF u per load The city could
be kept sufficiently clean for all practical purposes by
this cost of from s950000 TO 100000 and the
contractor who furnished these figures would be willing
to work under the constant supervision of the Police
Other who consulted gave about the
same estimates.


ANOTHER PACIFIC MAIL INJUNCTION SUIT.
On the complaint of Henry n. Smith of the
late firm Of Smith, Gould, Martin & Co.. supported by
Joc1v NJ llfana