National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-03

settlements had; that Is according to the mem.
orandum here. Now, I want to know
Mr.. Harrington. The idea of completing the
contracts after the work had been measured,
was for the purpose Of compelling them TO
keep these streets in repair for the period Of
three years,
Mr.. Jewe.t. Then tAere was an object in
yolved In the contract itself.
Mr.. harrington. Yes, SIR; they had been paid
honestly for the work as measured by the engi-
neers. The contract contemplated their keep
ing the road bed - repair for three years. That
was the object Of having the contract signed
and the bonds fled.
Mr.. Merrick. There were Q great MANY of
these contracts, It has been suggested to me,
where there Is no such clause as the clause re-
ferred to.
contracts would render such clause entirely
Mr.. Harrington. But the clause was general
In the contracts. That was the idea In the mind
Of the board; the board feeling that whenever q
written order was given, and the work begun
on that written order, that that would stand as
q contract within the meaning of the law.
Mr.. Jewett. What wanted to get at was,
whether there is Q substantial reason for this
the work had been done and settled for.
Mr.. Harrington. That was the idea In the
mind Of the board, that these streets should be
kept in repair for the three years.
Governor Shepherd. do not think o final
settlement was made in any case. / have no
knowledge Of any such case until the contracts
were signed and the bonds taken
The Witness. think that is the fact.
Governor Shepherd. We will introduce testi-
mony upon that subject.
Mr.. Jewett. was going to remark that this
matter is susceptible Of proof, and perhaps you
had better explain It by testimony.
Mr.. Jewett, Ito Mr.. Harrington.) The
organic act, think, has the provision that no
work shall be done until their contract Is signed,
has It notl
Mr.. Harrington. think the organic act pro-
vides that the contract shall be in writing.
Mr.. Jewett. And no work Is to be done until
that is executed.
Mr.. Harrington. No, sir; do not think It
goes so far as that. 1t simply says that allcon-
tracts shall be in writing.
Mr.. Stanton. The provision of the organic
act is section 81: "All contracts made by said
Board of Public Works shall be in writing, and
shall be signed by the parties making the same,
and copy thereof shall be filed in the Office Of
the secretary of the District"
By Mr. Christy: Q. l understand you to say
that it was part of your official duty to pre-
pare the contracts for signatures; am right?
A. Yes, sir.
Q. Did you, in addition to that, prepare the
bonds that we find attached to the contracts!
A. Yes, sir.
@. Did you in all instances prepare bonds
when you prepared the coutractsi A. In every
case, excepting there was one or two instances,
think, that were prepared by my predecessor,
which had no bonds to them.
Q. When did your term Of Office beginl A.
On the LIST of January, 1872. But inevery case,
so far as have examined them, the contractor
himself was sufficient; and the old bond car
ried with it the extension.
Q. But you did prepare the bonds and
attach them to the contract A. did. That
was part Of my duty.
Q. No contract was executed without the &C.
companying bonds? A. None that remember
Of. 1t was my duty to dot.
Q. Is there any bond attached to the contract
of De Gsulier and McClelland for laying car
riageway on Pennsylvania avenue east, from
First street to Seventh street, A. We have q
chattel-mortgage bond on that. It is in the of.
flee of Col. VIM. A. Cook.
Q. Are there any other contracts that have
no bonds attached A. think you will find
pretty much all of c. E. Evans contracts art
without bonds attached. They were referred
by order to Cooks Office, and you will find
them there.
Q. And all the bonds that were prepared BY
file are in the office Of William A. Cooki A
That is my recollection of it.
Q. What was the explanation Of the reference
of that matter of bonds to William A. Cook
A. His wife was his principal bondsman. The
object was for Mr.. Cook to ascertain whether
she was worth in her native place. forget now
whether II was Massachusetts or New York
a sum in real estate over and above all hel
debts and liabilities equal to the aggregate o.
A. L. l.. Il -.
the paper on file from the surrogate or ths
proper office.
q. How many such bonds are therel A.
forget.
Q. Do they relate to all the contracts of C
E. Evansl A. Certainly; they are separate
and the papers which he obtained not merely
state that she is good for each separate bond
but good for them all in the aggregate.
Q. What was the aggregate amount A.
forget; something over $1,000 perhaps
s150,000 It was very large. That was one Of
the objects for which 1t was referred to him.
Q. That question has never been settled,
whether the bond is sufficient or notl A. Yes,
sir.
Q. Why are they not returned to the Office
and attached to the contract A. do not
know. never got them back, but you can get
them by what you call duees teeum.
Q. Did William A. Cook advise you that the
signature of a married woman had validity and
was sufficient A. Yes, sir.
Mr.. Harrington, TO Mr.. Christy.) Do yor
make any point of thati
Mr.. Christy. / want to know his advice. WI
will argue it hereafter.
The Chairman, TO Mr.. Christy.) What art
you trying to proved
Mr.. Christy. am proving that he prepared
not only the contract as q part of his olficia
duty, but also the bonds. He makes the gen
eral statement that no contract was executed
unless he prepared and had executed the bonS
accompanying it. Upon reflection, he make
these exceptions, first, in regard to the contrac
of DeGauldier and McClelland, wLe;e no bont
was executed
The Witness. Oh, no.
Mr.. Christy. But a chatteLmortgage takel
instead.
The Witness. It Is q chattel-moTtgage bond
Mr.. Christy. Very well, a chattel-mortgag
or whatever you describe It. Then, In regarI
to the contract of c. E. Evans, he says tina
the reason why the bonds are not attached t
those contracts is this: that the question o
the sufficiency of the wife of c. E. Evans to g
as surety on this bond was referred to William
A. Cook, and that this bond still remains Il
the Office of William A. Cook.
Governor Shepherd. That is all in our an
swer.
Mr.. Chr;sty. In all the contracts of C. E
Evansa
Mr.. Merrick. Has not C. E. Evans executed
some contracts since this investigation began
The Witness. have not seen him since thi
Investigation began. He may be here for al
that.
Mr.. Bass. think there Is some misunder
standing about this. The book which yor
handed to Judge Jewett seems to be q copy
exactly of the list which Is found in the Gov
ernor's answer, and that is printed from thi!
book.
The Witness. Yes, sir; this is not a correc
copy.
Governor Shepherd. That Is a copy Of Wha
came in with my answer.
By Mr.. Bass: @. Now, the star and the cross
work completed upon these various contracts
is to be found also in this report in the Cover
nor's answer, page SS7. Does that star indi
cate that the work was completed at the tim
of the execution OF the contract, or that tn
work was completed ct the time of the maxim!
up of tho scheduled A. That part of the worl
was the engineers.
O. Did you make up this scheduled A.
made up the schedule, and they revised 1t.
Q. Let me call your attention again. Whel
you make cross indicating that work was il
progress, does that cross indicate that work wa
In progress when the work was executed, or tina
the work was in progress at the time of tn
preparation of this schedule? A. canno
say; It was not my work, and could not an
swer.
o. Did you not make this up, A. mad
up the list Of contracts, Of course, but dit
not do that