National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-07
You erhibitec the check to Mr.. Browne1


30: You exhibited the check to Mr.. Drowned
A. Yes, sir. z.s.s
Q. id you request his indorsementi A
I did not; would not use the check with his
name In Il.
By.Mr. Wilson: Q. Was there any letter &C
compauying the check A. None, whatever
Q. Simply q naked check In an envelopel
A. Yes, sir. A few days before I had been
suggesting to Mr.. Strong that he ought TO give
me something for attending TO his business;
that Il had been RUNNING on a long time. he
said he would do 80, and that check was left
there.
Q! Was Il In an envelopes and sealed up. A.
Yes, sir; and handed to me when came in.
Q. Have you made diligent search to find
that 4checkl a Not as diligent a. might
make. When saw the testimony relating to
Il few days ago 1 opened my private drawers
and went through them expecting to find it.
Q. Were you counsel for Peter Mcnamara
Al was in two or three cases. " = ST.
Q. What kind of cases were thcyl A. None
having any connection with the Board Of Pub
lie works. .-rsfa.rs-. ...... u
Q. No relation to his contract with the
boardi A. No, sir; not the slightest. One
was case In Maryland for debt that believe
succeeded in collecting. Another was case
for the taking Of sand; never charged him
anything. $500.
Q. do not care about going into detail. You
say they had no connection with this matteri
A. None whatever. l wish to say I never
charged him anything. He came In and handed
me $50 when was sitting at my desk writing.
y @. That was for those casesi A. Yes, sir.
Q. Did he ever give you any other moneysa
A. No, sir. ..--- :. IL ..-.s2 -. %. -
F, Q. Did he ever leave any checks with youi
A.. No. Iwish TO add thas,so far as the testi-
mony of Mr.. Mcnamara Is concerned, he never
orQv N mn IN In f,r1fn q IN
of his son-in-law, as was intimated here few
Q. Did his son-in-law do sol A. His sou-in-
law, do not think 1 have any acquaintance
with. ~
Q. That Is not what asked you. 1 asked
you If his son-in-law gave you any money! A.
merely made that preliminary to the answer.
Ma, sir; neither his son-in-law or any other per-
son did so. 1t has been my fortune, or misfor-
tune, several times to be chairman of commit
tees of the Republican party, and have, as
such, at different times collected campaign
funds and disbursed them. As one of the
chairmen of committees, / should have been
pleased TO have received part of our expenses
from Mr.. Mcnamara or any other person.
Q. You say you did not get any money! A.
did not get any.
By Mr.. Bass %. How long have you been
practicing law in this District A. Since the
close Of the rebellion. commenced the prac-
tice of law in 1917, in Pennsylvania. / have
prscticed in Iowa considerable, and in other
localities.
Q. Whereabouts elsei A. Mount Pleasant,
Iowa. e.. -..
Q. How long were you therel A.. 1 was
there couple of years.
@. Then where were you'll A. then re-
turned to pennsylvania, and after going through
an extensive stumptng campaign for Mr.. Lin
coin, during the agitation of the war came
here; l then had charge of the presumption
division of the land office for o considerable
time, and during that time I did no little
amount of pamphleteering for the Republican
party. At the close of the war / resigned my
position and entered upon the practice of the
law. ! became attorney to the old corpora
ton. When Mayor Emery came, another gen.
tleman, my superior, was appointed. Upon
the Inauguration of the present government
was kindly appointed by the Board of Public
Works and by the then Governor as the attor-
ney Of the District. have been acting as such
since. .--- 20.
By the Chairman: Q. You are still practic-
ing lawyer in this cityi A. am, and very
kindly and respectfully invoke the strictest
scrutiny into my Official conduct. II may be
proper for me to say one or two things, and l
wish TO say this, that unless my health I'm
proves, 1t will be necessary for me, under the
advice of my physician, DR.. Bliss, TO leave the
city for Q few days. After that will be ready
to respond to any inquiries that may be insti-
tuted by the committee. As regards the draw
ing up Of bills, testified to by Mr. Clagett, the
essential portion of his testimony, 80 far as
am concerned, Is untrue. 1t is true that have
drawn up large number of bills at the request
of committees Of the Legislature and Of the
officers of the Government, as attorney of the
District. In some instances the groundwork
haa haa al In oil ha L..
have drawn up q large number of
bills, and revised them frequently afterward !;
that much of his testimony Is true; no more is
true. As regards the statement OF Mr.. Rich
ards, there were some questions referred to me
by him, and each OF those questions answered
distinctly. l have the opinion with me.
BY Mr.. Stewart: Q. would like to see that
opinion. A. Just let me read it. 1t is brief
It might be said that was part of the plumber,
too. ...--... ..-.- -. s-r-.
The witness here read as follows:
s The IRIIH eSsTJ ,ns s
Of the District, submitted 10 mo by you contains
the following inquiries: .--J
thorized by the old corporation, and performed
under the entire direction and control Of tho
Board OF Public Works, be made debt Of tho old
%. II said payments should DO charged to the
old corporation, should said -corporation be held
for greater amount than the sum Il
Sd. Should such payments be required Of the
old corporation for improvements made under Its
acts, when the original contracts have been au-
new contracts have been made by the Board Of
Public Works, which expressly says, "Said old
contracts arc hereby surrendered and cancelled,
and said corporation released from my and all OBJ
legations Hereunder" - H., 49, :. r =
2th. II the District Legislature las made ammo.
priations for any work thus undertaken has Il not
all AFTER expense, over and above appropriations
made? r-E. -
9Th. shoulfnot all payments made by the old
from the WSois Bills before approSai, ~ usuu'''a
9th. II the old corporation IS responsible for the
cost improvements made by the Board of Public
works, under oid Is corporation contracts, should
dance with laws existing at the time OF the con-
trsct7 a.. .z..s-... -. .. --..... .---
will answer them in their order:
The fortieth section Of the act of February q,
1871, creating the present government Of the Dis
trict, expressly provides for the continuance OF
the charters Of the previous corporations, among
other things, "for the enforcement Of all contracts
made by t1em." 1t Is thus obvious that IL was
not the Intention Of the organic act 10 interfere
with the contracts made by the old corporations,
tues o Just claim or debt against them. ....-
Such contracts could only be performed under
the direction Of the Board Of Public Works, be-
them entire control OF the streets avenues alleys
and sewers Of the city OF Washington; but this
control In no manner fmpairs the existence OF con-
tracts made with any Of the old corporations.
They remain In full force as respects all parties
% them, and whatever work has been done under
Them constitutes valid debt against the old cor.
q Contracts must Be construed and controlled
BY their terms or stipulations, and not by the
amount Of appropriations which may have been
Il the contracts are valid they create an obllga.
lion ordinarily, according to their stipulation, and
work done under them should be paid for by the
which enter into the contracts with
but regard to the amount sotually Appropriated.
have rarely, If ever, been regarded
y q restriction upon the amount which might be
The organic act clearly contemplated o con-
.tnuanc0 and execution Of contracts made with
he old corporations; II indeed sanctions them so
ar as they were In harmony with laws existing at
he time ottheir execution. Such contracts should
,ot therefore, be disregarded, and It 10 questiona
Die whether any existing body or authority could
properly ebrogate or cancel them. Payments
Ihopld therefore be made according to such con-
racts, aud II attempts have been made to modify
you'd be well TO have such writings cancelled by
he proper parties. al -r1 81. y yea 60 a- :
{. It Is not competent for the present govern.
nent to assume the liabilities or obligations Of
,he previous governments Of the District, and
neither directly nor Indirectly 70 Il responsible for
he essential or incidental want connected with
contracts made with the old governments
8. Unquestionably, whore payments hare been
y ade FOR work done under contracts with either
II the old governments Of the District, such pay
nents should be deducted az Il has mot already
Iof such work. A neglect or failure 70 make such
would be eminently improper. = -
.. The mode OF payment for work done under