Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-05-18
THE DISTRICT INVESTIGATION.
Arguments OF Council for Memorial.

Arguments OF Council for Memorial.
lists.
1t was stated in Saturdays STAR that counsel
for msmorialists had fled their arguments with
the Joint Congressional Committee inyestigat.
ing District affairs.
Mr.. MERRICK's ARGUMENT
Mr.. VIM. NJ. Merrick, in ope ming the case for
his clients, refers to their rights and the ddty OF
Congress and the committee, a. be under sc andS
it, ana then says: The first fatal vice which ar
rests attention, and the poisonous operation of
which is visible in every stage of the disastrous
administration Of the last three years was &C.
casioned by wrestling the organic act, through
false constructons, into the establishment of
two distinct, coordinate, and practically Jude
pendent powers within the territory; aud tina.
which was meant to be q subordinate agency TO
act only at the bidding and within limits 10 be
prescribed by the Legislative Assembly, at thu
very outset asserted practically unbridlei
authority over the property interests aud the
taxing power of the community. Tue Board OF
Public Works at once asserted discretionary
powers, and having asserted has continued e.
exercise them with a rashness, folly, aud favor
itism which has wrought oppression upon the
citizen, bankruptcy upon the community, and
shame upon the nation. y
1t is quite apparent that the restraints of law
have not been sufficient to keep them within
any bounds, and il Is equally apparent that
heir transgressions have been deliberate if not
preconcerted. Ii will be remembered that on
he 10th OF July, 1871, the four million appro-
priation bill was passed, pursuing the scheme
If Improvement which had been Submitted To
The Legislative Assembly, and shortly after,
upon the 10Th OF August, 1871, another four.
million loan bill was passed. When these bills
we're brought up for the review Of Congress, the
Board of Public Works, alarmed by the gath
sriDg storm OF public ind gnation, was among
he foremost, estenSiJiy, in advocating the alb
rogation of the law of August 10Th, and in pro.
curing thereby the limitation OF the loan to
2400O, 0o0, and Of the special taxes for all i'm
provements to 50 900 900. (Starkweather re-
port, p. 81 But Congress, not contenting IT
oil nhFnf raftn 1nu r-OfA
further measure of precaution declared tina.
The debt of the District OF Columbia, including
the debts OF the late corporations. should at no
time exceed the sum OF $40, 900 600, uHless an
Increase over that amount should have been
previously authorized by act OF Congress. If
then, after the warnings of the Starkweather
committee, after thelr own adjurations be.
fore that committee, and after the severe pro
hibitions Of Congress, this board has steadily
gone on with open eyes violating the law OF the
land and trampling upon its sanctions, defying
public opinion and the remonstrances OF til.
tax-paying citizens, is it To be said III at such
course OF procedure is not among the highest
crimes against society? Is ii any answer to
charge SO grave, is it any mitigation of its in
Jury 10 the people, to plead that because the in
iividal members OF the Board of Public Works
are not clearly proved to have been guilty of
-mbeZZlement or some other of thoso infamous
crimes OF which the penallaw takes cognIzance,
that therefore they must be acquitted by this
committee and by the nation? We may infer
hat this defense is TO be relied upon, for not
-
ana profigate expenditure, and Incompetent
administration which have been laid before the
committee, we hear from their external advo
Gates: Why, you have made no case; you have
found nothing which impeaches the persons II
integrity OF the members or the board. Ia the
eyes of statesmen integrity is measured by far
Efficient standard from tthat by which petty
larceny is tried in police court. With states
men 1t means fidelity to law, implicit obedience
% Its requirements, complete avoidance OF
Jyerstepping its bounds, its diligent execution
in rriF apdi I'm Iait ooEo nA tudi
gard for the rights and property OF the citizen
Referring to the unpaid school teachers, Nr.
Merrick Contends that 4" a comparison of &C
counts was made, thu result of which is stated
IN pages i5 and 46 of the testimony, which con-
clusively slowed thai there had been collected,
and, but for Sllltui nisappi'c aji IN there ought
% have been in the treasury, an amount sufti-
cient to pay t.e teachers in full uD to the frs
lay OF March, when in point of tact not dollar
lad been paid to those patient sufferers for
bout eight months 4 Passing from
hat too painful subject we recur TO the u. an
Ier and spirit in which the general system o.
improvements within the District WAS inaugura-
Jed. The BOARD of Public Works prepared and
-ubDitted to the Legislative Assembly on the
10Th OF June, 1871, report upon the genera
policy and character of Improvements cOntem
PLATED accompanied by a detailed plan or the
fUTm and manner OF their execution, and pro-
;essedly accurate estimate of the cost OF com
oleting the same. A perusal OF that documen'
At pages Z, 8, ard or the record, and com
carlson of its stateme ntsa and arguments with
heir almost immediate subsequent action mus,
coDvice any candid mind that they were either
grossly ignorant of the duties they lad assumed,
IT that IL was contrived on purpose to deceive
and entrap the public. That they were not
grossly ignorant is evident from the previous
personal and professional experience of at least
swo Of that board, as also from the sound rea.
1Oning aud well. drawn conclusions from public
experience, which are expressed on the face OF
he paper itself. 1t only remains, then, to iufer
hat the paper was contrived to obtain power
and means by which they could carry out their
~ I'm For th.aQ
EN- of favoritism upon which they suddenly
entered and the reckless eXtravagance in which
o the end they have persevered. In that re-
port they state "that, as rule, the value OF
property In the District Will not warrant the
general introduction OF wood or other expen.
i've pavements, and that if at all used they
venues OF communication" And in the
plan and estimate submitted to the
legislative Assembly they designlts but
TWO chief thoroughfares, to wit, 7th Street south
and 14th street north. besides the then unhn-
shed part Of Pennsylvania avenue west, "a
proper to be paved with wooden pavements; no
mended. What followed? An advertisement
vas issued designating certain streets to bs
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 operation, could fairly
infer that open competition for wood, still less
lor concrete pavements was seriously invited
Tor more than two OF the streets therein named
Those who were behind tue curtain knew other
wise, and hence We find those conspicuous IN
dividuals, Lewis Filbert, Johu o. Evans, and
Lewis CleI haDe, the prominent and almost
the only bidders for those classes OF pavement.
at various rates; none of the N too low. = K
Nor In considering the question of 'favorit;sm
and fraudulent combination to thsdetumsnt OF
the public welfare, and the needless expense
and loss imposed upon the people of the Dis
trict, should We fail to give due weight to the
immense real estate operations of Hsllet Xii
boul N, the head and apparent contriver of the
paving ''ring" and the landed spool" By his
own confession upon the witness-stand he was
Interested in the paving contracts of Evans and
Clephsne, but the extent Of his interest he pro
fesses to be utterly ignorant Of, and that he has
had no settlement whatever with parties, aud
would have this committee believe that he
knows nothing OF nor has received any certai n
beneft from continuance so artfuily arranged
50 persistently carried ont, and involving opo,
tons costing nearly two millions OF dollars.
With respect to his real estate operations the
subterfuge Of ignorance falling him, this wit
ness bodily defes the authority OF the commit
tee and declines toreveal the names Of his con.
federates. Honest men can see no reason why
the ownership Of real estate should be con.
cealed from the world. Guilt may need
concealment, bu Innocence does not shrink
nom the light, neither does the policy OF the
law recognize the propriety Of hiding land
titles, but, on the contrary, requires them to be
snrfQ6 n liz