New-York tribune., 1874-04-09

that you should have any share IN inc resPo's'''' "
| executing the lawi
| Mr.. Baufeld-None whatever Sir.
The Chairman the mode of executing the law tue
| result OF your adycei
| Mr.. Ban1eld-I cannot say that IL was
The Chairman-Did the mode of executing the law re-
ceve the concurrence OF the Secretary oil the treasury
himself at that time. 50 far as you knowf
| Mr.. Banaeld-0: course IL did.
Mr.. Burchard-In the agreement made on tho l5th Vi
August, 1872, l see your name appears as Wltness
| Mr.. Banfeld-Yes Sir.
Mr.. Burchard-There are seven points that arc esie
ciay mentioned here. Were not those matter OF con
ference between you and the Secretary or the Acthg
Secretary what should be the course OF
Mr.. Bau1eld-At the timo OF tho consultation th"'
speak OF there was nothing dennite before u.s. There
was no form Of contract then before u.s. The parties had
applied and Mr. Boutwell, mad delayed until he snoulu
have time TO think the matter over, ana the cohs"
| ton that had wac general IN lts terihs'
without any specific paper before as. NOW,
| In answer TO the question, 1 may say
presume that this form Of contract that you now reer
to- was made up by somebody in my onice-proba0ly Dy
Mr. Robinson-because 1 generally left that class OF
business TO him, and when paper was sent out "
| Mr. Boutwell, 10 execute, that Mr.. Boutwell, READ u
| it and approved it. ! have no doubt, because
his habit always to read papers 1t was his haot
always 10 give them consideration, and always fe'
that any paper he put his to in this way had
the entire sanction OF his Intelligent Judgment ana
| have no doubt thar this paper had.
| Mr. Burchard-Take the next the Kelsey contract OF
the sth OF June between Mr.. Boutwell, and Mr.. Kelsey
I see that your name appears witness to that
| Mr.. Banfeld-Yes, Sir.
| Mr.. Burchard-And the same points understand
YOU are followed in the Sanborn contract as IN the
| others .
| MI Banfeld-I think they are.
Mr Burchard--The second point reads: That in case
any legal proceedings are required to be had In tuo
premises. the same shall be conducted by the proper
United States Attorney" Would those proceedings
come under your charge as head Of the Department.
Mr.. Banded-ordnarily they would; that is, they
would under the method which undertook to put
| in motion in regard TO administering this law.
| THE COURSE OF PROCEDURE.
Mr. Burchard-You seem TO DO very familiar with tho
course OF procedure in the Department in similar cases
You stated to number Of cases OF other con
tracts
| Mr.. Banneld-Yes
Mr. Burchard-Was not the matter OF the form OF the
contract and the OF procedure as TO what should
be done referred to you your Department before max
| ING tins contract
| Mr.. Banneld-No. Sir. II never was referred In any
formal way whatever There never was any request
| made to to give anything like written opinion as
to how the law should be administered in that respect
Mr. Burchard-You stated IN this case the amount OF
| compensation that had been paid. Would not that be
| the information that the Secretary would obtain from
your Office 20 guide him in determining what would De
the proper compensation in this case Would he not
naturally refer your office, both as TO the course of
| procedure and the amount OF compensatiOni
| Mr.. BanHeldNo, Sir; think not.
Mr. Burchard-And there was such reference made,
| do you sayi
| Mr. Banheld-None whatever. OF course Mr.. Bout
| well knew just well I did what had
| been the practice With these old contracts that
I speak Of, as 1 stated when I was here
| ~ Qnu
alton and in point of fact Mr. Boutwell, knew Just
| much about that did, and understood the
whole thing. The contract system has been
one Of the most mooted questions in the Depart
| ment ever since we have been here, and it is o
! very familiar thing We are having questions arising
about 1t sl the time, ana undertake to say that Mr.
Boutwell, was just familiar with it in all the details as
| i was myself.
Mr. Burchard-And as to the amount OF compensation
| that had been aoweda
Mr.. Banfeld-Ceriainy.
| Mr. Burchard-Then your recollection is that you
| simply acted as a witness
| Mr. Banfeld-Yes, Sir; a witness.
Mr.. Burchard-And you have no recollection that you
decided upon these pontsi
Mr.. Banheld-No, Sir.
Mr. Burcbard-On!the contrary, you think they were
| decided by the Secretary
| Mr.. Banfed-Oh know they we're. I never had
word say either TO who should have contract or
|
1t would be only the general mechanism to those
| points that would be asked about.
Mr. Roberts-Were you asked at all az to the need Of
examining the claims which Mr. sanborn any Of these
applicants for contracts as to the cases which they were
able to collecti
| MI Banhed-Never, Sir.
| Mr.. Roberts-You spoke OF some consultation about
| the general subjectf
Mr.. BanGeld-That was originally, whom the first ap-
-
sANBoRN's CLAIMS.
| Mr. Notwithstanding to that conversation ask you
whether anything said about the propriety of
| anining the claims which Mr. sanborn made
Mr.. Banfed-I never heard OF such u suggestion from
any source
| Hr ROberts-Do you know anything about the list OF
railroads which is put in stated in his evidences
| Mr. Banfed-I have only seen what The Epenin0 Post
| published Of his evidence the night before last
| Mr. Roberts-He states that he put in, with the
knowledge Of the officers Of the Treasury Department
large number Of roads with reference to which he had
no information. Had you knowledge Of that
| Mr. Banfeld-No Sir. l never opened that list or
knew OF 1t personally until it became in the
OF business TO check of the roads upon which he
made some payments. That list came TO me- like the
other papers approved by the Secretary with directions
| to have them made part q the Contract.
Mr. Roberts-You checked OIL that iist for what
Mr BanAeld-For the purpose of verifying the claim
when the money paid, to that tnat thing was
|
MI RODerts-As ~ the pay ing Of the money, find on
page 27 OF this record that the paid by the Della
| ware and Lackawanna Railroad Company held IN
the Treasury, aud Mr.. SAWYER, as Assistant Secre-
referred to to G y0s Solicitor Of as rsss
for expression OF his vie to the prOpriey OF tho
payment 10 Mr.. Sdnborn OF one-ha OF the amount OF
the within named draft per HIS letter OF application
Give us what information you have about that case
| Mr. Banneld-Well, have no Information beyond
what appears here with this exception (which does not
appear that IL known to by a communication
! by Mr.. Hawley, VINO visited Washington, and whom