Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-05-14

In regard to the ninth, tenth, eleventh, twelfth,
su.s q the Board Of Public We ss. No exirserdi-
nary means appear By the evidence to have been
usei 10 carry the election, Nor there any evil
der Of the importation Of voters FROM sdj5,ning
states. The second election made ia c0ase-
quence 81 the iBjune tion, and for the psrp1se Of
taking the sense 81 the people up2n the four million
J. an. The evidence does sCt show that contracts
were made before ppro tristions end the contset.
were nc eaISini, made for Fcod work at low prices.
IN. District "a grading, paving. AID parking tke
streets 1919, VII; We believe rev. carried out, as Hhse
tify it, " '''' '"e'O'' al" 'eAa
The fourteenth specification in che memorial 10
as follows; ut has filled up, narrowed, vailed,
ard otherwise manipulated the osna both br itself
aid an eonnectio ion with the sewers,
THAI not only has some o. the Nest costly on
18th street, proved a palpsbse failure, cut are
actually lhr,aiete ed with ineadstinn and psst-
lebSe.. The charge, a. made, does not ads &c any
Works, but Iner.iy thai what they have done has
been done ibIudieiously productive OF useless and
wastsiul expense aud of threatened ixuudation and
but in the hearing before the commit tee, and in
the argument on behalf of he meInorislists much
stronger ground taken IL is clair ed that their
action ma. NOT only been uDwise and injlticious
SiolatiO' OF Law in what they have done Though
ms Charge lie not Yut ia issue by the m-msria the
c. ~ have Considered it, and deem 1t Just to
By al act of Congress passed ally Is, 1884, certain
siiJu,ed "A commission shS shall cause the Wssh
ioEt city canal eiiher ia whole or in part 10 be
a.,
or archtd and c inverted into sever, &c. The
cosi = The work. by the same act, was limited to
ton, aLd $50 60 by The general goyernm. az. In
NoNenbsr, is -, the C nmss-n provided for by the
act above uSned entered into contract with Tee.
m,tr 5 Co to ~ eiSe ara clean oni the Weshin o
ton canal its entire length and breadth in ;Iudina
plans end sp c'Gcstiyns which had IN prepared
tor the purpose. Aiterwards the contract with
for narrowing The canal
BY an &C, OF Congress passed pril D. ISL all the
81 e. mn ion
TTsre transferred to the Board OF Public Works.
THIS last act also provided that If the Beard decided
to the canal they might ope both il branches
so as connect with the 1over nment canal at the
rrr to the Boad Of PTSe W%rS ana mus ssr
sIsni deal OF examination and discussion. not Only
press was to wholly iii ap d t ~ .no from
TIE mt where Tiber creek inieIsscts i. westward
con1 crt the canal in.o covered sewer, ~ SniII
large sewer a!on by lis side to supply the
The Board have filled this portion OF the canal, AZ
lar west as street, and for the same distance
I he Board also decided TO pen what i. known as
The james Creek Canal, t. connect that portion of
canal At the and this WDrs i GSsees
OF co lsfructlon Now II Is claimed by the memoir
ai.I tis1 al ms Is Illegal not warranted by the
ne committee thick Il is clear that by the &C. of
OF ti:' commission created by the ACT t. determine
whether the ca al should be kept open for a
a. canal and its and as a sewer mereiy
supplied by q covered enc The words either IN
might dredle the Whole canal er part
they ,aisht narrow the whole or part: they might
covered sewer. The sane powers were transferred
to the Board.
1t is not claimed, in the elaborate aud able areu
nent Of Mr.. Coombs, OF chat OF the memoriaIists,
'sat Ii il was decided TO destroy the canal as such
practicable to build the sewer 10 the bed of the old
canal but that 1t would be substantial com plisnce
the canal and build the sewer BY it's side the
law tie committee were to decide betw an open
not material. The law looked to tbs general pur
poe ard object to be attained.
founded fascy pal pable that il is
thst he did not discover it himself
had been transferred by Congress- t, thu 30 ard of
Pubic orks, made an appropriation to pay the
ard the ac. contains these words; $50 tar rs the
work Of dredging the same shall have been done &C
cordlnR to the terms of the contract"
Now it is claimed that this language is equiva-
10 nj to condition IN 1t the APPROPRIATION
%e SSs sseh the
alton can be drawn from the EXPIRE siols used. but
e pressed language Of the city appropriation, the
more important question is what ct had it up
powers directly from Congress, and in no part from
ne city government. Congress decided how much
the work done in any Of the forms Congress. au hor.
lzed The assent of The city the city authorities
had nothing DO with the matter, aud no voice was
given tn m in deciding what should DO done, 1t was
q TO consequence in what form or upon what con
he's made any at all or even refused to maxi one
Oourr es decd lied how much they should pay and for
Of compelling to be dcns So s az a eon aMP be
palmer than the fact thai the rights and authority
OF The Board nere unaffected by the form Of this ap
II is claimed too that as the Board decided 10 fl
up H. branch Of the old canal they had rignt t.
open the new - connect with the Arsenal can
that this authority was only given they d.
ciied a. kea o thu whole canal open. The commit
t. see well grounded foundation for such claim
TIE Language ~ thu act transferring the canal i'm
construed in Connect ion with the first act, aud The
authority therein given to NIL part and keep open
a part. Ths Board are not required or commanded
to Connect both branches of the canal with toe
Arsenal canal. They are empowered to open both
branches SO as to connect, &C. Under it they had
anih rity 10 connect both branches, or either
branch, or motto connect At all. They had room to
exercise thelwidest Judgment on this subject.
ihOnt taking furthe space. it is -uicent 10 say
Lat the commits tee do mud that these acts of the
legal authority in violation of law but that on
the contrary, they were clearly and plainly within
Z point upon which the commitiec are not - clear
hat some occasion is not furnished for censure.
The S con, ira with Teemeysr Co was outstand
and that CO any Commenced work under it about
the same time They were slIowed 70 continue
SaIt Of The canal which vas after by the
70 Ss c,. work Of
was f thus is not clearly shown bHt
after deeSs 20 'sy Th
Fart OF ihei canal, and to fiji it up, settled with
Teemeyer %. what had been done under their
contract. Teemeyer Co. clsimed damage for hay
been delay ed In their work, and the whole ma,
ter was compromised 1t did not clearly an aear
Vhaiher they received full contract price for tae
-"' They had -. an. anal
A large amount sf evidence was take on this sub
lect. The mernorialists claimed that the work done
by Teemey er Go. was not done according to the
real value. The Board claimed that the work Was
done according 10 the specifica ions. but that that
was defective. The committee think both the speci
ficatiois and work were detective. The only i'm
portance OF determining which was most in fault
would be for the pnr Of Judging the proprfety
OF the ssttI' ment which the Board made with Tee
meyer Co.
Ii that part OF tie canal is 10 bs filled as the Board
have decided IL is smaitero of Consequence whether
the dredging OF narrowing was well or i'll done At
IS entirely matter Of serious regret that much
money should thus have been thrown away, and thai
the work could not baye been sooner stopped iBut
tht great conflict Of opir ion ri 70 the nro
petent meu held d. cdedly diverse and Opposite
opinions on the subject. The people residing here
" ere much div ided in sentiment.
The Board the nlselyes were not IN .nimou5 for A
considerable time. These things, OF course, were
obstacles in the way Of deciding the question. and
fore IL settled If the work had been suspended
during the discussion and OF the question
the contractors would doubtless have been entitled
{ damages Ior the delay to them, but this woulC
have been less evil than to let the work &c on and
be a total loss. 1T the work had been suspended
while the question was under discussion, IL Is alto
gether uncertain how much wosld hav bsen saw ed
il 10 clear enough that the Boart
took time Tor deliber alton than was re