National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-07

ernor or Of the board, but neither directly or
indirectly, Il is due to the Governor and to the
board to say, when they submit questionto
me, do they attempt to influence or control my
topinion. II there be any error In those opinions
am responsible, and solely responsible, for
| them.
Q. We're you called upon by tho board to
give an opinion as to the power of the Legisla-
ture to pass this sewerage acti A. was, and
did, -. =. ,.r7--rvv -
print. The essential part of that opinion is in
| print, and can furnish that; all my opinions
are in writing. Those to the board, with very
few exceptions, and some Of them are In print;
and It will be q pleasure to me to furnish the
committee any they may desire. p -sss l'
By Mr.. Wilson: Q. Who drew the sewerage
billi A. drew the original sewerage bill, and
put Il in shape upon data furnished from the
board by Mr.. Oertly. --... ..4-E
| Q. That is the engineeri A. Yes, sir. The
original bill was drawn by me.
| @. Was there anything added TO It after
wardsi A. It passed to the Legislature, and
was in the hands of the committee, and the
bill was there to some extent modified.
Q. Can you tell now from memory what sec
tons were modified A. Not with sufficient
dstinctness to do justice either to the COM
mittee or myself; but I can, by looking at my
| papers, do SO. - .... a-..
Q. Iwould be glad If you would look at your
papers and indicate and inform the committee
how that bill was as Il passed from your hands
| and wherein It was changed. A. The statement
of Mr.. Clagett with reference to the mode In
which that bill was passed, and the point of
difference between him and myself, Is incorrect.
It went back for coirect,on-little else than
clerical error; but it was important to give
efficiency to the bill.
Q. Is he correct in his statement as to how
| the bill was corrected A. No, sir; discovered
the error in the bill before It was finally dis
posed of, and directed attention to 1t. a
| Q. Do you mean to say 1t was finally dis
posed of: did you discover that error until the
bill had actually been passed by both bodies
and gone to the Goyernorl A. When the bills
| pass both bodies and 60 to the Governor they
are examined by the enrolling clerk. 1t was
while was present examining them at the
| time, it was while the bills were being enrolled
preliminary to the Governors signing, as /
now remember, that discovered that error
| and called attention to it.
Q. Do you know whether that bill was
signed by the Governor before that correction
was made! A. do not think It was.
Q. Mr.. Clagett says that the Governor had
signed 1t and his pen was drawn through It,
A. l am aware of that fact, and also
Q. Do you say that that is not correct A.
So far as remember. will not say positively,
because have no distinct recollection. But so
far as my recollection goes II is to the contrary
part of the Board of Public Works with refer
ence to the production Of papers before this
committed A. In what respect ..
@. As to how far the board would respond
to any calls that might be made by the COM
mittee for the inspection of papersi A. / could
| not pronounce it an actual consultation. The
Governor said, with very decided emphasis,
more than would use, that he desired every
paper that was called for to be promptly
| furnished, and so stated TO me; whenever any
paper was desired by the committee that he
| expected It to be promptly furnished. He made
that statement to somebody while was absent;
at least SO Twas informed whenI returned to
my office; and on one or two occasions when
was out at lunch, he sent, and earnestly in
sisted that papers should be hurried up for the
use of the committee. ..- -
Q. He had no disposition to withhold any at
allf A. The very opposite think that If he
has erred in any respect, he has erred In the
sternness with which he has insisted that the
papers should be furnished within scarcely
sufficient time to justify It.
Q. Has any member of the board manifested
any disposition to withhold any paper from
the committed A. The very opposite, 50 far
as know. -. ..
Q. You have no knowledge of anything of
the kindl A. Not the slightest. In consulta-
an anxiety to furnish the committee with pa
pers, with the utmost activity.
Q. Has there been any consultation with
reference to furnishing private memoranda
A. The remark of the Governor was this
Q. Twas not asking you about the Governors
remark, although have no objection to its
being given at the proper time. A. 1t is part
of the consultation.
Q. Very well, go on. A. In the conversation
that he had with me, his remark was just in
this wsy-without repeating his emphatic ex-
pression-that he wanted every paper that was
in the Office to be spread out before the COM
mittee, to have, once for all, q termination Of
this matter. "
By Mr.. Wilson: @. / think that is wise. A.
Well, sir, that was just his remark.
@. You know of no consultation, then, which
had reference to Withholding any of the private
memoranda of any members Of the boardl A.
Not In my presence.
Q. Have you heard of anything of the kind
from any Of the membersl A. No, sir /; but
the very opposite. e..
Mr.. Ohristy. I desire to ask mon the subject
Of this contract with De Golyer and Mcclellan
and the chattel mortgage taken in lieu of the
bond, which was not gone into as fully as we
DESIRE. / desire to know the circumstances at
tending the taking of that chattel mortgage
the property to which it related and the char
acter of that property.
Mr.. Mattingly. He has gone through all
that.
Mr.. Christy. Not to an extent to satisfy me-
The Chairman. Do you wish to know what
the property Isl .... . ...---.r..
Mr.. Christy. That among other things. /
desire also to interrogate him in regard to GER
tain payments made to De GoIyer and Nc
Clellan by the Board of Public Works ante
riorto the execution of the contract. want
an explanation of that. This matter seems to
have been specially referred to him. do not
want to fatigue the witness at all, and only de-
sire to ask those few questions.
The Witness. You cannot fatigue me now.
By Mr.. Christy: @. When, in fact, was that
contract executed A. What contract
@. The one that hand you, Of De Golyer &
Mcclellan. A. The contacts are executed
in the contract Office, and ordinarily submitted
to me for examination and revision before they
are signed; and, consequently, have no knowl-
edge of when the contract is executed, unless
in very rare and peculiar instances.
Q. Was not this contract subject of coutro-
yersy between yourself and the members of
the board, and the partiesi A. Not the con-
tract, but the necessity of having proper secu-
rity for the enforcement of its provisions.
@. At what time was the chattel mortgage
given in reference to this contract A. do
not remember. It's date will show better than
my imperfect recollection.
Or Do you mean the date of the chattel
mortgage or of the contract A. Date of the
chattel mortgage. It was dated as Of the date
Of its execution.
@. Do you know whether any work had been
done by De Golyer & Mcclellan prior to the
execution Of the contract A. do not know
1t. It Is possible that there may have been.
The Chairman. 1t seems to me, Mr.. Christy,
that you can easily prove this matter in an
other way.
Mr.. Christy. want to show that the chattel
mortgage was taken, which deem security
not so sufficient as the retention by the board
of moneys that would be due to De Golyer & |
Mcclellan, and to what extent this question
was submitted to him; how far he considered
It, and If I'm fact he pronounced upon it. As
preliminary to that, I desire to have it appear |
that on the 18th of September, 1872, and also |
upon the 10Th of October, 1879, bo!h dates |
being anterior to the date appearing upon the |
contract, they received payments Of money, |
the first payment being one Of rs, 900 and the |
other of $4,000. Go the wttness.) Were |
you advised with in regard to thati
The Witness. Theonly question was advised |
with was the one that have stated, to wit, to |
secure from those parties some adequate |
bondsmen or the best security that could for |
the enforcement of their contract.
Q. Have you mentioned the names Of all the |
contractors BY whom you were employed to |
render legal services after your connection with
this District government A. II the committee |
Will ask me the question will answer n