The sun., 1873-10-23
THE WAsHINGroN RING.
How District FuUds are Illegally -auun-
dered-Mor. CertiiYing BY Babe

How street Euuds are lilegalN -Qhuh-
dered-More CertiiNing By Bnboock
correspondence OF The sun.
WAsHINGroN, oct. 22.-Scction Il Of the
act to provide government for the District q
Columbia enacts that the Legislative Assem-.
bly shall never grant or authorize extra come
pensst.on, fee or allowance to any public onlcer,
AGENT, servant, OF contractor after the service
has been rendered or "a contract made.
The Hon IN. A. Cook, attorney ~ the Dis-
trtCt ia an opinion upon this clause says: This
provision is an absolute and insurmountable
Prohibition against the allowance, directly ~
Indirectly by the Legislature OF any compensa-
tion other than that existing Mt the time the
duty may be performed or service rendered. II
any one enter- on the execution of work for the
District In any Of its departments for a sum
that sum IL all which he can receive for his
labor, whatever II may he; and the Legislature
cannot allow any additional compensation Or
unord any relief, even II justice or equity should
seem tO demand It,"
Upon these grounds the Finance Committee
OF the Council properly reported adversely 10
the claim OF Hunt a Williams tor extra work
alleged To have been done upon the Jefferson
rhool building after the amount had been GER
titled To 10y engineer Cluss, approved by Gov.
Cooke, and certificate of Indebtedness Issued
to them, and the Council adopted that report
Under the act OF Congress of July II, 1870, AMI
act of LEGISLATURE of July %, ISL a contract Tor
laying the new water main was entered into
with Davenport Co., Emmet. Dunbar Co.,
Hoht. Strong a Co, and starr A Co. That CON
tract contained the following provision " M
claim for extra work shall he made unless tine
same shall be done IN pursuance of written
order from the engineer. All claims for extra
WORK 50 ordered must pe made 10 the engineer,
in writing, before the payment of the next sue
ceeding estimate after the work was performed
ana failing to make such cltln, the same shall
be considered a. abandoned 10y the contractor"
Upon the completion OF the work the various
contractors presented claims for extra work
amounting In the aggregate 10 fHl.ssi 90. There
- not even an animation that this extra work
waA done pursuant To written order. or that
Claim therefor WAS made as provided In the con-
tract. Tho claims had no foundation under
the contract, and their puVment was prohibited
by the organic act. But Engineer babcock with
his usual facility AT certifying finds that there Is
que for extra work $1!lSj.b4, a little more than
TEN OF measurements he found this amount
due does not appear, As he had no money 10
pay the contractors came to the Legislature en-
dorsed 10y his report.
June -, 1871, the Finance Committee ~ the
Council, after fun and careful Investigation,
made their report, In which they give the pro-
vision of the contract and cite the organic Law ,
and, IN conclusion, say! y our committee,
after fully considering the PROVISIONS of the
contracts made, and taking into consideration
the restrictions OF the organic act ~ herein
before cited, are compelled 10 report adversely
ON these claims, and recommend that they be-
rejected ANA TO TINS report the Council
agreed and the bills were rejected.
THIS might seem 10 nave enectuHily difposed
OF these claims. barred by the terms ot the
contracts made. their payment was absolutely
aud "lnsurnOuntaDly " forbidden 10y the or
| ganic act. They were condemned on all sides.
and Vet in the published acts We lind an appro-
| priation to pay them and authority T. lrs ne
bonds tor the amount. lhs IN one of the many
cases whore the Legislature OF the District Il is
regarded the absolute provisions of the organic
| act, dolng precisely what they had declared 10
be Illegal and unwarraatcd by law.
The attorney ui inc District NAV be a very
sound lawyer, but u Ia evident that he had not
very carefully studied the capacity of the LEGS
| nture when he used the term "insurnoUnti i-
| hle,' Tor they have shown very COnClu~iN lN
| tuHt In Illegally dlspo-ing Of the peoples money
/ there Is nothing insurmOuntahlo.