Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-04-06
TIE DISTRICT INVESTIGATION.
Proceedings Of the Jsint Congressional Committee

past ten O'Clock.
MR.. CLARk's CLAY BANK INCREASES Tbs
VALUE OF HIS PROPERTY $50 PER CENT.
X. Il. CLARK swOrn:-WItuess owns around on
Massachusetts avenue which has been i'm
proved; grading was done his property
twelve feet below tue late established grade by
Mayor Emery. Witness complained that he
had TO pay for improvements between nth and
18th streets, while his own property, one squire
on the other side, was left with a clay baEk; the
cost was divided equally among property
holders-those benefited by the impro1em mt,
and those who were not; witness property is
opposite the Louise home: don't know that SIR.
Uoreoi an wanted the grading made which was
made; he thought the grading had not bene-
hted his property; his bill on Massachusetts
avenue was al ,942, which would absorb the
value OF the ground very nearly; don't kno "
what was done with the earth AT was taken
ont of Massachusetts avenue; between 14th and
18th streets, on the north side OF Massachusetts
avenue, expensive Improvements have been
made; man named Bryan. from Chicago, lives
along there; Senator Morrill, and Senator Il w.
ard live there; am charged nv share OF i'm
PIovements made on the opposite side, and am
LETT with clay bank.
BY Mr.. Mattingly:-Can't state the value of
my property to- day; prices fictitious; shou Id
say, according to the fictitious prices, my prop
erty is worth S1.50 per foot; don't know what
my property was worth before the improve
ments were made think it was worth 60 cents
per foot.
ages; have not yet heard from it.
BY Mr. Mating y:-Do not know that Sena-
tors Bayard and Edmunds were opposed to the
cutting down OF Massachusetts, avenue.
W. H. COOK ON THE STAND,
VIM. A. Cock was called and asked before be-
ing sword to read statement, which WAS "A re-
spouse to certain accusations made ag .inst
him.
The committee directed the witness to be
sworn, and took charge of and ex ,miued the
paper.
By Mr.. AllisoD:-Stste the circumstance of an
opinion given by you with reference to the eI-
tension of prices granted on the contracts OF G..
L. Evans. A. msde no opinions except such
Works.
Q. State the opinion in brief.
BY Mr.. Msttinsiy:-The opinion is set out in
MIR. COOk.-No, not in full will read the fol-
lowing as the best answer l can give in reply to
the interrogatory
W. A. COOKS OPINION.
Attorneys Office, District Of COlurnbiG)
WASHINGTON, Sept. %. 1873.
To the Hon. Board Of Public Works.
GENTLEMKN:-I nave before me papers in re-
lation to the claim of Samuel Strong for sin
creased rates OF pay" for work done by him on
a section OF "B" street sewer, and portion of
Slash Iun sewer.
The letter o: Mr.. Strong was referred to Mr.
Cluss some time ago, who reports that, as re-
spects the latter, the prices paid MIR. Strong are
believed to have been fair; but. "as regards the
section of 'B street constructed by Mr.. Strong I"
ne thinks the rates allowed TO Mr.. FolIans bee on
missouri avenue sewer ought to be applied in
this case.
Is this lawful? or, can it be legally done? is
the ques ton which was submitted TO me by Won
as vice president of the board.
have considered the question with consider
able care, and, after doing so, am of the opinion
mat the recommendation of Mr.. Cluss may be
carried out by the board. At one time 1 was
inclined TO different opinion, but upon more
careful examination Of the organic act changed
nay views.
The 18th section provides that the legislative
assembly shall never grant or authorize extra
compensation, fee, or allowance to any public
ofhcer, agent, servant, or contractor after ser
vice has been rendered or a contract made.
This provision, it will be seen, applies excIu-
slyely TO the Legislature, and not to the Board
of Public Works.
To render contracts made by the board valid
n binding on the District ft is only req uired
that they should be in writing and signed by
The parties making them and besides that they
should be preceded by appropriations. But the
TACT that the original contract must be in writ
ing, 80 as TO be obligatory upon the District
does not prevent modification OF it, or an in
crease OF prices.
Whether such increase should be IN ade. there
TORE, becomes purely question for the souni
discretion or judgment OF the board, and l.
seems 10 me where such Increase Is necessary t.
prevent q manifest inj ustice in the execution OF
pubic work In consequence OF q change in the
value of materials from peculiarities or
changes Of work, notifications should be made
suggest. however, that all such notifications.
before final action of the board, be reduced To
writing, or a memorandum In writing in some
form be made OF the charges, and be signed by
the parties.
In this mode the charges may be properly
made. / return herewith the papers transmit
WIN. A. COOK. Attorney DC.
Q; When was that opinion written A. Sop
q. Did the board act on that opinion? A.
ought not to answer that question; OF my own
knowledge l do not know. The fact is, they
did not, however, aud a suit has been entered
" / IN al q ninin N r.f
erence to g. K. Evans. These two are the only
opinions given by me on that subject.
z. Do you know why De Golyer aud McClel-
Ian gave no bonds? A. They gave q chattle
mortgage in lieu of bonds on property owned in
the District.
@; What was the character of that property?
A. 1t consisted OF material and machinery used
IN the laying of pavements.
The C. x. EVANS BONDS.
.. Why was IL G. 4. Evans gave no bond?
A. Such is not the fact bonds were originally
were in the name OF the Evans concrete paw
ing company; the individu AIS underworld to
oond FOR the company; l did not deem it suffi-
cent received from Massachusetts, sched-
9le Of property owned by the wife OF q. +.
Evans; IL amounted to s7O0,Oo1; she became
surety for the contract, and here are the bonds
By Mr.. Bass:-Ihe bonds were signed in this
city; che was brought on here partly for that
purpose.
By Mr.. Merrick %. When we're those bonds
SiSbcu Dy a Il CdunOL sCatc from reCOl-
iection-probably In February, 1874; since this
session of Congress began; L cannot give the
exact date; the bonds were fixed up in the con-
tract clerks office, and subseq uently referred to
me for examination; the preliminary steps for
the execution of the bonds were taken at least
month before the District Investigation was
ordered; am absolutely certain that the motive
In having them executed was not in antjcjpa-
ton Of Congressional investigation; the board
have not yet finally settled with Mr.. Evans; all
the bonds executed by Mrs. Evans were exc
cuted on the same day.
By MIR. Wilson %. Why did you take a m ar
ried woman IS security? What was your au-
thority? A. The authorities are numerous; 1
would like to furnish you with them. predi-
Gated my action partly on the recent decisions
OF the Supreme Court Of the United States and
Of courts in other states on this subject.
Y. Did Mr. Evans cucumber her property by
the execution Of these bonds? A. Prospectiyeiy
she may done so. My doctrine is IL q woman
owns property In her own right absolutely, she
may dispose Of ii In any manner she NAV see at.
gave the opinion generally on the rights of
married women; there 10 a Law In the District OF
Columbia allowing married women, absolutely
to hold property in their own right.
lSenat0r Stewart read the statute on the sub
ject
Witness reeuming:-The property OF Mrs.
Evans Is in Massachusetts,.
THE ST RoNG CHICK.
By Mr.. A llison:-I have read your statement,
explain 10 the commi ttee any thing here with
reference to the statement Of Mr.. Strong.