The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-23

der the Interpretation OF his attorney, become
Judge OF the time and mode Of payment, con.
contemplates division of accountability, and
were intsnded to guard against uniting the
power Of contract, auditing, and payment 10
And De a Jurfasr resolved, That sucn a con.
stfueiion OF law should not be tolerated, be.
cause under y Mayor might, according to his
or a school house, or pave q street or an alley,
Of material different from that prescribed 81
law, Imposing upon Taxpayers or the treasury
ptl.,ion, merely because the act specifically
prescribing what was to DO done, and which
conferred all the authority, original and ulti-
superfuous provision that the thing should
not be done I'm any other way" than was
And be q further received, That this interpre.
tation Of law by the attorney OF the corpora
tlon Is the more absurd and indefinite because
II 10 10 CONFLICT with the rule. universally reepg-
nlzed In judicial practice, and adopted and Con-
armed by the supreme Court Of the United
States, "that q legislative act 10 to be inter-
ptcted according TO the Intention Of the Leg.
lslatutc, apparent upon its faces aud every
particular rule, As to the constr uotlon or force
OF particular terms, must yield TO the para
mount expression Of the Lesi.lature;,' aud be.
sides, because the Interpretation OF the attor.
ney would divest the Mayor OF all his oiIlclal
prcrosatiyes, whether conferred by acts ofthe
corporation or OF Congress, even those con.
ferfing the power Of appointment to and re-
movHl from Office, as mono of the laws con.
fcrrinE this power contain "prohibltory
psoyI,, oi No that ,sPpoinsmsSss and removals
And whereas, In the further examination Of
WIN. A. Cook, the attorney ofthe corporation,
10. TAT the Instance OF Mr.. B,rre,t) The
witness has testified, to a certain extent, to
| the Integrity Of the Mayor in doing business
knowledge OF a bill presented for payment
against the city, by John MeOlell,nd, for lay
Ing wster pipeh
q. VIII you state whether he obtsinei his
C,y when he frat presented tho bill to the
| o. WIN You state how he did mauagc to OBJ.
pay for It finally.
| A. He ultimately received a portion of u In
money but the larger portion Of II In bonds.
| II was work contracted for under q special act,
during Mr.. wailsch's Naturalization.
q. What arrangement did he make by
which he succeeded In securing his pay Of that
4, do not know Of any specific arrangement.
| Clelland came to me and stated that he had an
old claim that he wished collected; that he was
very badly or and suffering for want Of money.
| that he would give me six hundred dollars II
could succeed 10 getti3g the money for HIN.
told him at the time that while there might
undlsputed claim against the city aud taking
! pay for It when voluntarily offered, that
never had done So and that a! ga not de.ire to
| fused to do so. He continued to press It, I
had expended nearly al! the money ! had for
ssappaign purposes, and nnaiy toIa Mo mat
| that money, II l so desired, In the mode might
ind Necessary for campaign purposes that
| would try II It could DO collected. He said he
! n Reunblic
| that Arrangement aud would like to help me
along. l went to the Mayor repeatedly and
engaged At Il for two or three mont this. Finally
pat: 10 money. fsId to the Mayor, the claim
| Is suffering for II. The Mayor called for the
| p.pors, aud examined each ITEM, lie said he
would not pay 1t IN money, but he would a
! would, Il possible, give Mr.. MeO. hiJ money,
! because, among other reasons, while II was
Justly due him, AMI ought 70 BIS paid, that
| had an anxiety to have 1t paid, because l
could IA that way get some money that could
! apply to campaign purposesi that our people
were poor, ahd scarcely knew how could
| get along unleas had more money. lie baid
| I. me that that wAsa matter for me alto gethcr.
! told him wanted TO deal frankly with him.
csad , Ta s 10 oF b 6S ~" ,he moSey
should he used, bat that the claim was due for
some time, aud that he would approve 1t. Part
q. Wore you, during that time, holding tho
ogisc OF corporation attorney Of the city Of
A Iwssi and refused to receive tho money un.
! less Mr. McC. would allow me to take 1t as 4
donation from him, to be u.ed by me for the
! interests OF tho party as might dnem best.
| q. WIN you FIX the month IN which Nj. Me.
| Cielllnd made you this ofrefi
| May-it was probably towards the middle or
| latter part. II must have been two or three
month1 prior 10 that that he originally made
q. Is thAts s,mpie Of the Mayors practice
10 settling the bills of the city1
Witness. What do you meant
Mr. barrett. Paying them when parties shall
have greed to leave part OF 1t with the cor
! pOts'!on attorney for political purposes.
witness, The Mayor was in no mode con.
necicd win that r8fr"mrnt. He was not
: party To n. I'wll CSGluIiygly between my.
/ self aud AF. hSC.ciilni.
| q. DID tho Mayor know OF the agreement
between you and Mr.. MsCle!land before the
/ 4. Before the bill was paid communicated
| the proposition made by Mr.. MaClellzui to the
have little influence, II any, on the MsyoS, a.
! evidenced from the fact that he would not
! settle the claim, aud did not fps over two
! months after ! frat spoke to him; aud hls sub.
! Arquent careful examination OF tho bill, and
| reference to the claim being due" {.
Therefore resolved, That the said acts OF the
were prostitution q his oiieisi position for
incteeniry or corrupt purposes, aud that his
own statement Of hia ngeacy 10 the case dis.
closes his disqualification ms disinterested
and impartial legal counsellor of the corpora.
tion-his conduct being not only reprehensi.
BILE in receiving An. extortiouate fee for his
| influence In collecting n debt Acknowledged to
he justly due to citizen, but for advocating
tho payment o(thiS claim In cash, In violation
81 law enacted on tho recommendation Of
/ Mayor Bowen, that dcbts contracted prior to
his Inauguration should be paid In the newly
authorized Issue OF corporation bonds.
Ctane "f ,he ssih OF sSe ngnst hs., hs o,
| not directly but by Implication, that the Mayor
was "a principal party to the fraud" therein
Therefore re.oivca, Ths. though thi. investi.
CATION has exposed several serious ATTRACTIONS
al law as we'll Ia regard to thls contract as In
other things. no Testimony has been elected
which, directly or Indirectly, duplicates the
/ Mayor In having made the contract or advance
! payments thereon with any view to pecuniRry
gain to himself or to any relative or friend
through whom he might possibly derive any
portion OF the profits to accrue from the con.
! irrft-hls indiscFetIon In the premises seeming
to have been his yielding to the suggestions or
pcTsuasiOns OF pretended friends who were
actuated by selfish or political motives.
And, whereas II Ia the duty OF every good
ciil&rh TO maintain the law aud expose to pub.
iic apprehension any ucFtous violation OF 1t;
I Therefore,
Rcsolrsi Ta,t Iohn H. Crane is entitled to
! tho thanks of the community, and especially
Of the Oiiy Councils. tor the Independence he
. has Displayed and the aIiI.stCrihce he ha.
made In bringing to public light the violations
| Of law which have ioFIed The subject OF this
i"vratigation.
The first Gpecial order Of the evening was
the consideration Of the bill to reorganIzc
the paid fire department Of the city of WASH
lngtOn.
Mr.. Croker offered an amendment author.
lzing tho employment of one engineer and
one fireman for every additional company
employed In she ilre department. which was
adopted.
Mr.. Moore moved to amend by striking
out the clause authorizing the payment OF
$500 annually TO each of the Board Of Fire
COMMISSIONERS which was lost, and the bill
as amended WAS passed.
Bill 70. Co. relative TO the sale OF fresh
meat by farmers, grazcrs and ralscrs OF cat
tie was passed.
Bill &c. CO. olay gutter, set curbstones
and pave foOtways on First street east to d
street south was passed.
BIZ &C. Co. In relation to weights and
measures, repeating certain sections, was
referred TO the Comtnlttee on Police.
The Board then adjourned.
Itnnrn N 4 Enmnou f'nuncn