National Republican. (Washington City (D.C.)) 1872-1888, 1874-03-11

dsees teesns to bring with them pspers that are
referred to generally In this motion that Il fled
with MS. With respect to that am Instructed
to say we desire to hear counsel uponthe cues
papers to be produced In this investigation
4 We have no doubt Of the power Of the CON-
mittee to require any public Documents or pa
pers belonging to the government Of the Dis
/ trict to be produced, and Il 10 only question
whether or no sufficient foundation 10 laid for
requiring the papers that belong to the District
government to be taken from their usual and
proper places of deposit and brought here.
That Is not question Of power, Dut ques-
ton Of good sense and discretion. But with
regard to private papers different question
arises, and that is what foundation must be
laid with regard to private papers to be pro.
duced, and what certainty Of description must
be laid, not only as to the Importance, but as
to the existence of the papers, and also what
certainty Of description there shall be. Every
lawyer is familiar with what Is called ss6sh-
ing bill Of discovery" - distinguishable from
bill that has requisite certainty of averment
and discretion.
How far the rules of evidence and rules of
practice that obtain in the courts are proper
rules for the government of . committee of in
vestigation appointed by either or both Houses
of Congress. That IL q question which counsel
may consider, and upon that, and also upon
the question whether or not sufficient founda-
ton Is laid for the production Of these papers
that are called for by very general descrip-
ton; and what is precisely the law upon that
subject. .--... ...
We desire tohaye the aid of the investigation
of consel; we desire them to look intO-as
we exyect ourselves to do-to. look into the
authorities both judicial and Legislative, on this
- 1rxsry
\ us the benefit of their views within some short
time. If It would suit counsel, we would sug-
gest that they come day after tomorrow with
such authorities as they see fit to produce, and
we will hear them for q reasonable time on
either side, and their authorities as to the power
of the committee, and It's duties, In requiring
the production of papers. l suppose have
said enough to Indicate wherein we desire to be
enlightened by the researches Of counsel and
BY their arguments.
| This paper can be read and then we desire to
know whether written answer will probably
be fled; and If so, when, so that we may set a
day upon which we will commence the investi-
cation of these charges. wish also to say
that, DESTROYS of mourning as'lfttle expense as
possible, we are asked to issue subpenas to
parties in Philadelphia and New York, to re-
quire the production perhaps in each case OF
tho hotel registers. : We think. It will be very
much better that counsel should agree that .
sworn copy of those registers shall be taken
than that we should be at the expense of fifty
or one hundred dollars in summoning the wit
nesses to produce them here.
Mr. Merriek. We have no objection to hav-
ing sworn copies made If it meets the views of
counsel on the other side.
| The Chairman. We are all DESTROYS of saw
ing expense, and counsel will see that this
paper Is addressed to us, of course. We do not
propose to print this motion for the production
of persons and papers. We will print charges
and exhibits in reference to them. These
exhibits, asI understand 1t, do not belong to
the files of the District government, do they 2
copies Of certain papers. They were not among
the papers that were brought to US.
Mr.. Merriek- Oh, no, sir.
Mr.. Allis6n. And they are not in print now.
| Mr.. Merrick. That large plan thatlwe have
| The Chairman: They seem to be compla-
tons, some of them by an engineer. There
e,m to be certain compilations Of the contracts
and bids signed by Mr.. Severson, engineer, are
those original papers.
Mr.. Christie: No, sir; they are not.
The Chairman: They are not papers belong
ing to the government.
Mr.. Christie: No, sir; not at all. They
were simply presented to. the committee in
order that they may be hereafter used when
the witnesses are produced. 1t was upon the
those charges to be supported by statements
and by reference to witnesses by whose testi-
mony they could be supported.
| The Chairman :. We only want to ascertain
what we should print.
Mr.. Christie: We deem It important, however,
should be printed. We think 1t perhaps differs
| from . document which has been printed already
heretofore, but not during the session of this COM
The Chairman. What 10 this: Here is some
thing that seems to be-
Mr.. Christie. Those need not be printed. They
tfcates Of incorporation, the originals Of which
can be very easily procured and laid before the
The Chairman Is there any necessity to print
| these!
MI Christie Not at all, SIR They might be of
value, because frequent reference possibly would
MT. Allison. They are valuable as a document
to Be kept withus! A Yes, SIR For eonvenience
The Chairman. will now direct the charges
| and specifications to be read.
They were then read IS follows by the clerk-of
| the committed: .
THE CHARGE AND SPECIFICATIONS.
First Charge--That on or about the 25th day
of August, 1871, John o. Evans, Hallet Kill
bourne, William 8. Huntington, John l.. Kid
well, Moses Kelly, Lewis Clephane, Samuel p.
Brown, and Henry d. Cooke, of the District of
4
Philadelphia, in the State of Pennsylvania,
together with divers other persons to your
memorialists unknown, did unlawfully con-
spire and confederate together to control, OBJ
! tain and secure certain contracts, and the
money to be paid thereon, which contracts had
been by the Board of Public Works of the said
District of Columbia publicly advertised to be
by them let and awarded ON, to wit, the first
day Of the month of September of said year,
said contracts being for the improvement Of
certain designated streets and avenues in the
city Of Washington, in said District; and your
memorialsts do further charge that the said
Board of Public Works did aid and assist the
said John o. Evans and his eonfederates afore-
said to carry out and successfully accomplish
these purposes and objects of their said con-
spiracy and confederation, and did also let and
award . large number of the most profitable
of said contracts to the said john o. Evans and
his cOnfederates aforesaid unlawfully, to the
great loss and injury of the said District of
Columbia, and likewise to the great loss and
injury of the Government of the United States.
And your memorislists submit the following
statement of facts in support of said charge,
and likewise present herewith the names of the
witnesses and references to public and private
documents and books by which the truth Of
said charge can be established:
I. The said Board of Public Works prior to
the said 18th day Of August, A. ID. 1871, had
caused to be printed and circulated In said Dis
trict an advertisement, OF which the following
is a copy. (see daily NATIONAL REPUBLICAN,
Congressional Library, August 81, 1S71.)
PROPOSALS FOR PAVING OR MAC
L ADAMlZING CARKIAGEWAYs.
OFFICE OF TIE BOARD OF PUBLIC WORKS.,
DISTRICT OF COLUMBIA, :
WASHINGTON. ID. e.. August ISL.
Proposals will be received at the Office of the
Boari Of Public Works until 4 n. OF September I.
1871, for paving matchmaking the carriageways
PennsyIvanis avenue, from Fifteenth street west
to AQueduct bridge;
New York avenue, from Fifteenth street west to
K street, from Georgetown to Sixth street;
street north. from Thirteenth street west to Ju-
dietary square,;
q street north, from Seventeenth street west to
Twenty-secOnd street west;
street north, from Fifteenth street west to Third
street west:
Twelfth street west, from F street north to the
river;
Eleventh street west, from Penusyivania avenue
10 N street north;
Third street west, from Indiana avenue to New
York avenue:
street north, from Seventeenth street west to
Twenty second street west;
H street north. from Fourteenth street west to
Seventh street west;
Ninth street west, from Pennsylvauia avenue to
Bids for any and all descriptions of pavements
will be received, the board reserving tire right
select reject any aud all pavements that may he
offered. The bids must include the grading re-