National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-25
DISTRICT INVESTIGATION.
CONCLUSION OF THE TESTIMONY
TAKEN ON FRIDAY.

CONCLUSION OF THE TESTIhoNf
TAKEN ON FRIDAY.
ADOLF CLUss STILL ILLUMINATEs-wHAT
HE KNOWS NOTHING ABoUT-wHAT HE
DOES NOT KNOW CERTAINLY, AND WHAT
HE THINKS CANNOT BE EXACTLY RIGHT
BECAUSE HE DOES NOT RECOLLECT HAV-
ING EXAMINED IT PERSONALLY.
Q. You think when Congress makes an ap-
preparation Of that kind, authorizing the Treas
ury Department to pay money on the meas
urement of United States Officer that YOU,
as the engineer of the board, ought 10 make
the measurement A. think that the law
means that the Secretary of the Interior Is to
draw that money, and think that the Secretary
OF the Interior has not been consulted ct all.
] think that this is fair construction of the
law, that the engineer of public buildings and
grounds n to measure this thing over so as 70
have control In the obtaining of public FUNDS.
Q. You had reference to that when you
made your answer as to that, did your NOW,
Mr.. Cluss, you knew very well at the time you
made your answer, didn't you, day before yes
terday, that you was not in Office at the time
Mr.. 0ertly, or whoever it was, was assigned to
make out that statement, did you not? A.
Well, have stated, you know, again, that
had certain reference to everything that was
done for obtaining this money out of the Treas
ury.
D. You had no reference to the question put
to you in your answerl A had reference to
the estimate upon which the money was OBJ
tanned.
O. Do you mean to state to this committee
that Governor Shepherd delegated an assistant
out Of your Office as engineer of the board TO
make measurements on which money was OBJ
tanned from the United States Treasury? A.
Yes, sir.
@. You doi A. Yes, sir.
Q. And that money was obtained on those
measurements A. Yes. sir.
Q. Don't you know that those measurements
were made by Colonel Same as the engineer
under General Babcockl A. / do not.
Q. And before you went into offieel A. The
way read the law that the Board of Public
Works shall not take the low position of
greedy contractors, and the Commissioner of
Public Buildings and Grounds shall measure
over; but 1 consider under oath the office
which had taken, after had had the honor
of an appointment from the President Of the
United States, unsolicited by me. / thought
that in this obtaining of the public funds there
was TO be a joint responsibility between the
Commissioner of Public Buildings and Grounds
and the Board of Public Works of the District
OF Columbia, who are United States of. RS as
well as the others.
Q. Then, in your opinion, Mr.. Cluss, the
Treasury Department was wrong in making
those payments on the certificates Of General
Babcock without your CONSENT Ii that iti
Are we to understand that?
The Witness. Have you got the law here.
@. thought had It here. You are talking
about your understanding of the law. That is
q plain question. You can answer It'll ] ask
you whether it is your idea that the Treasury
Department was wrong in making those pay
ments on the certificates Of General Babcock,
the United States engineer? A. 1t is not for
me to say that the Treasury Department was
wrong, but believe that the thing has not
been done in that careful way in which the law
was designed. The law says, for sure, in one
appropriation, that the Secretary of the In
terror was to ask for this money, and have, as
far as the Governors answer is concerned,
have never seen the Secretary Of the Interior
do it, or have anything at all to do with it.
So, cay in this regard little irregularity has
been committed.
Mr.. Wilson. Here is the law referred to,
right at the bottom of the page. az Stat.
at Large, p. 405.
The act is as follows:1
To enable the Secretary of the Interior to pay
the expenditures made Of the Board Of Public
Works Of the District Of Columbia for paving
roadways and curbing, and paving sidewalks,
grading, sewerage and other improvements upon
the District Of Columbia, 81 IA $40 20, or so much
thereof as may be necessary: Provided. That all
payments under this appropriation shall be made
only upon the vouchers provided by the officer in
charge OF public buildings and grounds OF the
District Of Columbia, after full examination and
measurement OF the above improvements. and the
approval Of the prices claimed therefor: ProufGrd
That the said Board OF Public Works be, and
they are hereby, prohibited from mourning or
contracting further liabilities on behalf Of the
United States in the improvement of streets, ave-
nues and reservations beyond the amount Of the
appropriations previously made by Congress, and
from entering into any contract touching such i'm
provements on behalf OF the United States, ex-
cept In pursuance Of appropriations made by Con-
gress
Q. Now you have read the entire law
through! A. AS far as l implied from the
Governors answer, the Secretary of the Inte- |
Nor has not been asked about it, and in this re-
gard, in my opinion, little irregularity has
been committed. |
Q. You have read the law through. Do
you find anything in that law requiring pay |
ment to be made on vouchers approved by you |
or by the engineer of the Board of Public |
Works A. think the law reads that way. |
The vouchers are to be approved, of course, |
and a voucher must be made, of course, before |
it can be approved.
Q. Who has to make itl A. OF course the |
Board Of Public Works. This is clear.
Q. That is your opinion of III A. It is q |
question Of law. / do not want to 90 any |
further about it. ! am an engineer, not law |
yer.
Q. That is your construction of that law, is
!? A. Yes, sir.
Q. That these vouchers ought to have been |
approved by you, and that General Babcock's |
approval alone was not sufficient A No, SIR; |
not sufficient in my opinion; there ought to /
have been joint approval.
Y. 10 return. Your statement yesterday |
was that the statement or account on which |
that appropriation was based was made by |
deputy in your Office, for whose acts you were
responsible, selected by Governor Shepherd,
without your knowledge or consent, and made
out by him: is that true, or nol A. Mr.. Mat
tingly-
Mr.. MsttiDgly. Just answer the question yes,
or no. A. have not fully understood you;
please repeat it.
@. Yen stated here day before yesterday that
there was an account made out, which was
made the basis ofan appropriation of 81 ,24O 900
and upward, by one of your assistants, respon-
fible 10 you, taken from your own supervision,
and under the direct orders of the vice presi-
dent. Is that statement truel A. l have re-
peated already my understanding of this. ] |
the question.
Q. As an answer to the question printed
there It is untruel A. Well, as an answer-I
mean TO answer the question that the money
was obtained from the Treasury and no esti-
mate made. l am glad to make this correct
Ion. II was an uninteutional error.
y. DO you mean to state here that money of
the treasury was paid on that statement of
account made by subordinate in your office.
Do you mean to make that statement mo
response
Q. That money was drawn out of the Treas
uryl A. Yes, sir.
Q. You say, in your answer, you understood
when you were making that answer it applied
to when the money was paid or the manner in
which the money was paid? A. mean 70 say
do not know anything of It, but that, as the |
responsible offcer,I ought to have known it.
This is my answer.
q. You feel sore on the subject, know, in
regard to this matter. As understand II,
your version is simply this: that you think
these measurements on which the Government
paid this money ought to have been made by
you. Is that itl A. l am not sore upon the
subject, but do not shirk responsibility, not
have plenty on hand TO do with
outfit
Q. Do understand you to say that, in your
opinion, the measurements on which this
money was paid by the United States Treasury
should have been made by you! A. Uuder the
direction of the engineer of the board and the
official head Of the office.
Q. You were that headl A. Yes, SIR; to be
reported to the Board of Public Works to
modify or'sdopt the report. 1t ought to have
gone to Mr.. Same to be remeasured.
Q. Then your reasons for making this state
ment denying all knowledge of Government
and your responsibility for
them, and ascertaining that they had been