National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-22

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named in the act or acts authorizing saeh levy &
De made, and that no change Whatsoever shall o.
made by transfer Of enc fand to another, OF, oI
Of any object or puSeose for which It was no
levied or collected; and further, by section
| That any person who shall violate the pro
visions OF this act shall be deemed guilty OF mis-
| demeanor in Office and be dismissed therefrom.
The committee will remember what studied ef
forts were made by the accounting officers Of tn,
District to make Il appear that the scheetfunC
had been exhausted by legitimate uses, until final
| ly comparison Of accounts was made, the result
OF which ID stated on pages IS and 20 Of the testi
mony, which conclusively show. that there haS
been collected, and, but for wiIlul misapphcation
| there ought TO have been in the treasury al
amount sufficient to pay the teachers in full up 4
the hrst day OF March, when in point of fact no
sdollar had been paid to those patient sufferers TO
about eight months. With theologiaps defraud
ing laborers Of their wages is classed among tn,
Jour sins crying aloud to Heaven for vengeance
| class2
Passing from that too painful subject, we recu
70 the manner and spirit in which the genera
system OF improvements within the District wa
\ luangurated. The Board of Public Works pre-
pared and submitted to the Legislative Assembl!
on the 10th OF June, ISL, report upon the gen
eral policy and character Of improvements con
| templated, accompanied by a detailed plan Of tn,
| form and manner OF their execution, and g pro
1essedly accurate estimate of the cost OF compiet
| ing the same. A perusal of that document ni
pages 7, and Q Of the record, and q comparison
Of its statements and arguments with their al
most immediate subsequent action must convince
| any candid mind that they were either grossly
ignorant of the duties they had assumed, or thai
the public. That they were not grossly ignorant
| is evident from tho previous personal AID probes
sional experience Of at least two Of that board as
conclusions from public experience which are ex.
pressed on the face OF the paper itself 1t only
remains, then, to iafer that the paper was con-
| trived to obtain power and means by which they
could carry out their Interior objects and have
full scope for the system OF favortism upon which
| they suddenly entered and the reckless extrava-
gance in which to the end they have perseyered.
In that report they etate "that, as rule, the
value OF property in the District will not warrant
the general introduction Of wood or other eXpen-
pavements and that If at ali used they should
be confined to q few OF the principal avenues OF
communication" And in the plan and estimate
submitted TO the Legislative Assembly they de-
signate but two chief thoroughfares, to wit, Sew.
enth street south and Fourteenth street north.
besides the then unfinished part OF Pennsylvania
payements: no concrete pavement whatever was
recommended. What followed? An advertise
ment was issued designating certain streets to be
paved or macadamIZed, inviting proposals for
bids from which advertisement. and the plan and
law under which IL was issued, no one, who was
not in the secrets Of the operation, could fairly in
concrete payements, was seriously invited for
more than two OF the streets therein named.
Those who were behind the curtain knew other
wise, and hence we ind those conspicuous indi-
viduals, Lewis Filbert, John y. Evans, and Lewis
Clephane, the prominent and almost the only bid
ders for those classes OF pavements at various
rates; none of them too lotc. And we find, also
that on the 14th OF September contracts for those
classes OF pavement were awarded to the three
friends to the extent ofnearly 100000. (See list,
pages 100 and 16l of testimony
True il lie that some OF these contracts were. for
a time, suppressed under the tenor of the injunc-
tion then pending in the courts Of the District;
but they were only suspended. They reappear
the les Of the Office as In full force on the 9Th
Of January following in all their integrity, as ap
pears by the instances, No. SO, John y. Evans and
IN Inh N a Are n
mony. And very soon the roll of contracts Of these
fayorites swelled and swelled until It aggregated
as appears BY the admissions Of the answers fled
for Lewis CIephane, s2TS, OO.3S, and for Lewis s.
Hilbert, i5,5sI.2. Now, when along with these
results we read the famous letter Of Hallet XII
bourn, at page A. which, on the 25th of August,
1871, twenty days in advance of any award, an
nounced "all things in readiness for the LIST Of
September" and also the curious calculation of
profits on some small portion OF those contracts
made by their coordinate, VIM. s. Huntington,
the familiar friend and banking eonfidant of the
then Governor and president OF the Board OF Pub
lie Works, who shall nationally doubt that pur-
poses thus distinctly ayowed by some Of the par
lies, and acts done as admirably adapted TO the
desired result by tho other as if they had been
specially and openly arranged to that end, had q
necessary and inseparable connection?
1t is equally principle Of common sense, as It
has been established as a rule of legal evidence,
that when the means resorted to are the best pos
sible for the attainment Of an end, and the end is
shown to have been attained. the presumption
their adoption. There is no nearer approach TO
full proof such q case than the open confession
Of all parties concerned. There are other
smaller elements of confirmatory proof such as
the indulgence in the matter OF dispensing with
bonds, or taking inadequate bonds, allowing one
and another Of these faYorites to become cross
Sureties upon their respective contracts, the en-
largement of allowances upon portions Of work
over and above the stipulated prices, which |
might, If necessary, be dWolt upon in support oil
the main proposition. |
But before we lose sight of the Huntington |
IL may be suggested that the scale |
IF profits there set down, ranging from seventy
,ents to 81 per square yard, afford an excellent |
upon the protested care and skill |
lsed by the board in relying upon the bids Of |
thief criterion for determining the prices at which
hey would award contracts to persons selected /
by their own arbitrary discretion and in disre-
gard of that best test afforded by the universal |
experience OF mankind to wit, open competition,
bidding after full advertisement of the precise /
AMOUNT, locality, and character Of the work to be
lone.
Nor in considering the question OF faEoritism
Ind fraudulent combination to the detriment of |
he public welfare, and the needless expense and
oss imposed upon the people Of the District,
hould We fail to give due weight to the immense |
cal estate operations of Hallet kilbourn, the |
read and apparent coItriT95 Of inc paving ring
lpon the witness-stand he was interested in the
saving contracts Of Evans and Clephane, but the
Itent Of his interest he processes to be utterly
gnorant Of, and that he has had no settlement
whatever with the parties and would have this
believe that he knows nothing Of nor
as received any certain benefit from continu.
nee so artfully arranged, SO persistently carried
ut, and involving operations costing nearly two
Millions Of dollars. With respect TO his real
state operations, the su6terfuge Of ignorance
hority OF the committee and declines to reveal
he names of his confederates. Honest men can
ee no reason why the ownership Of real estate
eed concealment, but innocence does not shrink
rom the light, neither does the policy OF the law
ecognize the prcpriety OF hiding land titles, but
pom the public records, open TO the inspection of
II men. When one examines the map Of the city,
I'D observes the locality OF this wonderful pool,
lysteries OF Eleusis; when one looks Of those
astes OF territory, and considers the numerous
lg SO strangely with its silent desola;ion scarcely
single habitatiQR within BALI mile, he is lost
aniaiement to lind an adequate or rational mo-
We for such vast expenditures upon bowling
,litude. There must have been n motive for
Incealment of that sacred ownership, which,
Unknown and undIscoyerable, yet was potent
1ough to induce the Board Of Public Works, so
alously economical in expenditure, go wise and
rOyident in its plans, that 1t warned the Legisla-
Ire at the very outset that "woOd or other OK
ensiye pavements, If at all used, should be con-
ned to few of the principal avenues Of commH- |
lcation," to disregard all its own wise precau- |
ons, and to spend proportionately far more upon
lat favored area than upon any portion Of the {
ty where guileless taxpayers and thrifty ctl- |
rs pursue their avocations along the crowded /
Hallet Kilbourn was, and IT, the friend OF those /
i bile servants who are now arraigned and re-
IIred to give q complete and satisfactory and
Ltional account OF their administration. The
-etense Of professional confidence Is too thin m
Ceuse Of concealmcnt, when free disclosure would
we'll serve the need IF those whose official acts
ave SO advantaged him and his cOnfederates. 4
his remarkable feature OF the evidence Of the
calcitrant kilbourn has not. however. been I
ocular to himself in the progress OF this tnvest
alton. Reticencc, disingenuousness, studied igno-
nee, and stimulated forgetfulness have chsrac-
riZed the testimony Of numerous witnesses 6
lrOughout this investigation, and have given o ]
'loring TO the defence, the tints Of which were
aver pencilled in Heaven.
The memorialists have charged the Board of /
ublic Works with violating the express prohibi-
Ons Of law by allowing to contractors extra COM
'nsation for work done, and after it had been {
me, and over aud beyond the stipulated prices q
their contracts. / shall cite only two Of the Q
any instances that might be addueed in proof Of /
is charge: the contract Of Z. Z. Evans, No. 80,
Id the contract Of L. s. FilbeTt, No. 1875, for q
AIDING and paving street, from Ninth to Fiji I
enth streets. I
Congress had carefully provided, and effectual- \
as was supposed against such abuses, by the 9
tn section OF the organic law, which in terms I
clares that "the Legislative Assembly shall c
yer grant or authorize extra compensation, fee, 8
allowance to any public officer, agent, servant, o
contractor, after service has been rendered or s
ntract made, nor authorize the payment of any a
lin, or part thereof hereafter created against ?
Q District under any contract or agreement | Ii
lde without express authority OF law" sc. 4
re clearly there seemed an insurmountabie r
gal barrier to the allowance. p
But the genius Of Interpretation readily found q q
ution Of the difficulty In the opinion of the at
ney OF the District, who was 81 the same time II
> anvil nj Gar hos