Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-03-11
THE DISTRICT INVESTIGATION.
The Charge Of the Memorialisss.
List OF witnesses and Papers They
Want


government were reported in last evening"
STAR down to the time when the committee
closed the doors. The doors were reopened
about O'Clock p. m, and the chairman said:
The counsel for the memorialists have filed a
charge with numerous specifications, contained
In this paper and the several exhibits accsmps-
nytDg it. The charge As made In these papers
affects the Board OF Public Works. 1 am MT
aware, upon hasty reading of it. that IL affects
any body else. We will have the charge ami
specincations read, that you may be advised o!
! their nature as far as you can gather II fro
the reading now, and will order them ID b.
printed by to- morrow morning, 80 that all VIII F.,
are interested can then have copies. | am di-
rected by the committee 10 say that they
do not require, and could not reQnir perhaps
| II they were so disposed, but they are not die
posed to@equire, any written answer TO thess
charges ffbm the Board OF Public Works. Yet
| II the board see DIT to file q written answer To
them before the examination of witnesses l.
commenced, the committee will receive such:
and il might be that such a written answer wouId
greatly narrow the field of investigation. At
all events, we feel that il would be but Just TO
allow the board to file a written answer 10 be
printed In our records with these charges il the
board shall see fit to make such.
Accompanying this paper is another paper
i n counsel asking us to suop@na divers wit
tecUm to bring with them papers that are refer
red to generally in this motion that is flied with
We desire to hear counsel upon the question
how far 1t IL proper for US to order private pa
pers to be produced in this investigation. We
nave 10 doubt OF the power OF the com nittee to
ing TO the government OF the District to be pro.
duced, and 1t is only a question whether or no;
sufficient foundation Is laid for requiring the
papers that belong to the District government
TO be taken from their usual and proper pl ACES
OF deposit and brought here. That Is not a
question OF power, but question of good sense
and discretion. But with regard to pri yate pa.
pers different question arises, and that Is what
foundation must be laid with regard TO private
papers to be produced. and what certainty OF
description must be laid, not only as to the i'm
poItance, 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 Fishing bill OF discovery" as distia-
gulshable from a bill that has requisite Ger
.tainty of avermeDt and discretion.
how far the rules Of evidence and rules OF
practice that obtain in the courts are proper
rules for the governmentof a committee of in
vestigation appointed by either or both Houses
OF Congress Is question which counsel may
consider, and upon that, and also upon the
question whether or not sufficient tOundatIon Is
laid for the production of these papers that are
called for by very general description; AMI
what Is precisely the law upon the subject.
We desire to have the aid OF the investig alton
Oh counse we desire them 20 look int0-ls We
expect ourselves to do-to look into the authori-
Ties both judicial and legislative, on this ques
non OF the production of papers and give Us the
benefit OF their views within some short time.
u IL would suit counsel We would suggest that
tney come day after tomorrow with such au-
thorities as they see tit to produce, and we will
hear them for a reasonable time on either
eide, and their authorities TO the power Of the
committee, and Its duties, in requiring the pro-
duction OF papers. suppose have said enough
to indicate wherein We desire to be enlightened
by the researches Of counsel and by tn sir ar gu
meDts.
The paper can be read and then we desire 10
know whether a written answer will probably
be lied; and If so, when, 90 that we may set a
day upon which we will commence the investi-
gatlon OF these charges. wish also to say IN at
DESTROYS OF mourning as little expense as posi-
BILE, we are asked to issue subp9uas to parties
in Philadelphia and New York, to require tue
production perhaps In each case of the hotel
registers. We think ii will be very much better
that counsel should agree that q sworn CODY OF
those registers shall be taken than that We
should be at the expense OF fifty or one hundred
dollars In summoniDg the witnesses 10 produce
them here.
Mr. Merrick.-we have no lection to having
sworn copies made II II meets tue views OF the
counsel on the other side.
The Chairman.-We are all DESTROYS of saving
expense, and counsel will see that this paper L.
address ed to US, of course. We do not propose
TO print this motion for the production OF per
SONS and papers. We will print charges and
exhibits in reference TO them. These exhibits,
the District government, do they? Some of
them are, we understand, veritable copies OF
certain papers. They were not am)ng the
papers that we're brought to u.s.
Mr. Merrick.-Oh, no, sir.
MI Alllson.-And they are not in print now
Mr Merrick-That large plan that we have
tons, some Of them by an engineer. There
seem to be certain compilations OF the contracts
andnbids signed by Mr.. Severson, engineer, are
those original papers?
Inc Chairman.-They are not papers belong
ing to the government?
Mr. Christie.-No, sir; not at all. They we're
simply presented to the committee in order
That they NAV be hereafter used when the wit
nesses are produced. 1t was upon the b ypothe-
sis that the committee would require those
am tad afa It,
reference To witnesses by whose testimony they
could be supported.
The Charman.-we only want to ascertain
MIR. Christie.-we deem it important, how
ever, that that which Is referred to as the orig
inal plan should be printed We think it per-
printed already heretofore, but not during the
session of this committee.
The Chairman.-What Is this? Here is some
thing that seems to be
Mr.. Christie.-Those need not be printed
They are simply references and published
copies OF certificates Of Incorporation, the orgi-
laid before the committee.
The Chairman.-is there any necessity to
print these?
Mr.. Christie.-Not Mt all, sir They might be
Of value, because frequent reference POSSIBLY
would be made to them.
Mr.. Allison.-They are valuable as a docu-
ment to be kept with Us? A. Yes, sir. For con-
The Chairman will now direct the charges
and specifications to be read.
They were then read as follows by the clerk
OF the committee:
The Charge and Specifications.
FIRST CHARGR.-That on or about the 18th
day Of August, 1871, John o. Evans, Hallet
Kilbourle, William 5. Huntington, John l..
kidwell, Moses Kelly, Lewis Clephane, Samuel
P. Brown and Henry ID. Cooke, of the District
of Columbia, and Lewis 8. Filbert, OF the city
of Philadelphia, in the state Of Pennsylvania,
together with divers other persons to your me-
m0rialists unknown, did unlawfuuy conspire
and confederate together to control, obtain 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 memorialists do fur
Their charge that the said Board Of Public
Works did aid and Assist the said John o. Evans
and his confederates aforesaid to carry ont and
successfully accomplish these purposes and OBJ
jects OF their said conspiracy and confedera-
tiop, and did also let and award . large number
Of the most profitable of said contracts to the
said John o. Evans and his confedefates afore-
said unlswfully, to the great Ion and injury OF
fhA Saf6 District COlu mhfa ND fka1toa to