Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-02
THE DISTRICT INVESTIGATION.
Proceedings Of The Joint Congressional Committee.
Conclusion Yesterday Proceedings.

COBe1usien Yesterdays Proceedings.
When our report of yesterdays proceedings
Of the District investigating Committee closed,
L. L. Fowler was on the stand. This witness
testified substantially that prior to the laying of
Tue pavement on Pennsylvania avenue he was
connected with the National Paving Company;
that IL was the desi.e of that company TO con-
s0lidste with the Metropolitan Paving Com
paBy with view to prevent competition and
keep prices high; that in company with one q.
=. Bates, director in the National Paving
Company, he called on Mr.. Shepherd with u
vi W TO arrange the details OF the proposed con-
solidajioD; that Mr.. Shepherd told him that be
could not be known TO be interested ia any con-
tracts, but that Hallet Kibourn was the man
10 re; that Mr. Shepherd also made the re-
marx: "Some people think 1 am dead, but
am rot jU>tdesdy et." Witness could not swear
Io,ijtveiy TO tie dates those transactions with
IeieIence TO consolidation took place. He said
he could refresh his memory from memOrandas
and was II quested to do so, and was granted the
privilege OF returning and correcting his tast-
mony. rs will be seen by the following questions
and arsweTs:
q. Have you any memorandum by which you
can Tx that date? n. 1t all happened the same
summer.
MIR. Cbristy.-I think it is important that his
examination be now deferred, IN order that he
may Tx his dates.
The CLairman.--I stated to the witness that
he might refresh his memory by memorsnd or
books, and correct his testimony if he desired
Governor Shepherd.-I have sent down for
one CT two papers connected with this subject.
which will be here In "A few minutes, and when
they come will ask for an opportunity 10 make
"a S atement in regard to those matters.
The Chairman.-You can do so, If the gentle
men Go not object
Mr.. Christy Would it not be better that it
lie done after MIR. FOwier's recall?
Governor Shepherd.-No, sir. do not W ant
the scandal To go abroad to might. L want to
nail the thing right here.
The Witness As Governor Shepherd seems
10 be emphatic, | would like to give testim my
TO ccrrobcIate what say.
The Chsirman.-We will get all the facts.
Mr. Christy.-This is witness against witness,
statement under oath, or by way or explanation.
Governor Shepherd.-A statement under
cath, proved by the record.
L. Il. ClagetJ sworn, and testified that
the Ith street road was good road before the
Board OF Public Works improved it, and that
lie did not think the improvement, rs it now Is,
justified the large expenditure of money IN abe;
that he had been charged for all the improve
mehts made in front OF the property he owned
In square tS9 LIST street, near Georgia avenue,
and ought TO have been charged only one third,
according to the terms OF the organic act he
hadn't paid the bill and was not going TO pay
il; he thought be had been treated pretty baily
all around by the board; they had slashsd
around into HIS old pavements and put down
rev ones not as good, in his opinion; he had
never addressed any letter to the board re-
gsIdiDg an adjustment, as he didn't think it
necessary.
Gov. Shepherd-Mr. Chairman, if it is the
pleasure OF the committee, should like at this
time to make an explanatory statement rels-
tive to the testimony that has been given here
by Mr.. Fowler.
ADDITIONAL ORDERS OF THE COMMITTEE.
The committee had a brief consultation to
the ProIrlety OF allowing Governor Shepherd
TO submit his explanation at this stage of the
proceedings, and apparently being unable TO
come TO any conclusion in the committee-room.
reI aired TO the consultation chamber, where
they remained few minutes. On returning to
the cOmmittee-roOm the chairman said: ''Ihe
committee direct ME to state to the counsel, and
| might say in the beginning tn at the com mittee
have had \ consultation with reference to the
order of business arising from some differences
among members of the committee as to what
should be the proper order. 1t was with this
view that we retired to the adjoining room for
the purpose OF consulting as 10 the order or
business. We have heretofore permitted expla.
nations to be made with reference to testimony
as IL occurs from time 10 time. We have ali
appreciated that this was irregular in its char
acter; but, iDasmuch as that practice has been
INDUCED in, and Governor Shepherd now asks
an oppcrt unity to make q statement, ths COM
mittee have concluded to hear such statement
st this time. The committee also direct me TO
state that in the future we desire to have more
order III the conduct of the matter before Us, or
at least as much order as Is consistent with the
progress of the case; therefore We will In the
future hear such testimony as we think is mate
rial and pertinent coming from the counsel for
the memoria:ists After thew have completed
what they desire to present to the committee
we will hear the testimony OF such witnesses
the District government may desire to present
District have concluded their testimony the
committee will take such further testimony as
they may deem necessary to full knowledge
of all the matters referred to them and now
pending before them. That Is the order OF the
committee made unanimously"
GOV. SHEPHERDS TESTIMONY.
Governor Shepherd here took the stand.
The Chairman.-I believe, Governor, you
have not yet been sworn? A. Yes SIT; 1 have
been sworn.
The Chairmau.-Excuse me, had forgotten
the fact. Then you may make such staten INT
with reference to the matter testified by Mr..
Fowler as you desire.
Governor Shepherd.--It will take but few
moments. i simply do ii as u matter of justice
to myself, because the testimony OF the witness,
Mr.. FOwler-I do not know whether by accident
or design-seems to be capable OF q double in
depreciation. In the fir 81 place he swore that
this conversation, which is alleged to have
taken place, was prior to the layinEof the ave-
Mr.. wilson.-PIease make your statement
without repeating what the witness swore to.
Governor Shepherd desire to state that so
timony was to this effect That this converse
ton took place before the avenue pavement
was LAID, and that took place in August, 1871.
The fact is simply this: that the law authoriz-
ing the laying OF the avenue pavement passed
Congress July 8, 1870; that law is as follows:
Be II enacted ty ths Senate and House o. Repre-
Gss'a5isa That the Secretary Of the Interior, Bre
Vet Brigsdier General N. Michlsr, engineer in
Of the city Of washington or their success irs
In once, te and they are hereby, appoint ed q COM
ittee to select and determine the best kind Of pave
nlent to be used In paving Pennsy wanna avenue.
and TO have said thor 1ughfore paved Herewith
tn. crossing Of 18th street west as hereinafter pro-
yided.
That was the law under which this pavement
on Pennsylvania avenue was laid. The law was
passed on the Sth of July, 1870, and that pave
nent was laid in the fall of 1870, and finished
on the LIST of January, 1871 The law organizing
the District government did not pass, and was
not approved by the President OF the United
States until the 2lst of February, 1871. did
Lot ents T upon the duties of my office as q mem
Der OF the Board of Public Works until the lst
of June, six months after this pavement had
been completed.
desire to call the attention of the committee
to the fact that this matter was examined into
by the first investigating committee. Here is
the copy of the certificate Of the Metropolis
Paving Company, which has been put In by the
counsel for the memorialists. On page 403 of
the report Of that investigation was asked this
question:
80. Were you one of the incorporators in the
Portland Cement Company? A. Twas.
90. Was lot that organized about the time
you were appointed on the Board Of Public
Works? A. No, sir; good while before l was
appointed on the Board Of Public Works. l
know that sold out rs soon a. was appointed
on the board, as did the interest held In the
Metropolis Paving Company. / held some
stock In that company, which j sold out within
q few days alter was appointed"
H. L.. 10 sA1z knE