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Poverty Bay Standard, Volume IX, Issue 916, 9 February 1881, Page 4

The Cook County Council did & wise act in putting-a fii?m foot-on the growing scandal of almost invariably remitting the penalties inflicted byitself on defaulting contractors, although Councillors were morally compelled to re-stultify themselves in the two cases that came before them at their last sitting, in order to escape from a charge of favoritism or inconsistency. We quite agree with the I ’expression of dissent, indulged in by some of the Councillors, as to. the injustice of remitting these penalties,., qnless under peculiar and extenuating circumstances. If it is held as.a rule that the good feeling of our public men takes the place of their good sense, and under all circumstances, they permit the penal clauses of a contract, whose conditions are not fully carried out, to be practically inoperative, then it is useless to insert them in the first instance. If they are merely intended to be held in terrorem, and the practice set up of not imposing them, it offers a premium to slip-shod contractors —not that we reflect on Messrs Boland and Loughran—to trust to the forbearance of the. Council, and so steal a march on others who, more correctly calculating contingencies such as time, the weather, and the labor market, probably tender accordingly, thus preparing themselves for the consequences of that which they have engaged to jjerform. But it would appear that Cr. Chambers’ notice of motion is going as much in the opposite direction. It would be manifestly unfair for the Council to resolve not to receive applications for remission of penalty or extension of time, under any circumstances whatever. There is an element of injustice in that course which it would be unwise to adopt, inasmuch as in extreme cases it might involve the total ruin of some. A saving clause can do no harm,’ while it will place the Council in a position to relax the stringency of a rule in cases of extreme necessity. To be firm in the endeavor to keep contractors to the conditions of their tenders, does not necessarily imply that a favorable consideration should hot be given in such instances as an investigation of the facts will warrant.