National Republican., 1874-05-29

peOpl6& In
precisely this despotism Is the asserted BY any
construction Of this act which win legaliIe what
th board has done, ss will more fully sppear as
,. Again, the words Of the act are that the con-
tract must be made "ln pursuance OF appropria-
tions made by law" That IS, the contract must
ing' the authority Of . specific spproprlatlon
act. .In pursuance or is defined BY Mr.. Web
suance" Is dshnsd "a following out or aiter."
OF course this provision does not require details
Of contracts or OF improvements to be prescribed
does require Is that the nature and cost of I'M
provements shall be authorized and appropriated
FOR ey law before. contracts therefor. As re.
appropriation for the cost Of awork, involves, By
necessity, the laws deciding upon Its general
character 90 far its cpst is dependent upon its
character; and whom the organic act says that
the contract must 'spursue" an appropriation
therefor, It forces the necessity Of the contract
q sSaa aW the Of Which,
the contract must pursue ~ .,L y
have dwelt upon this point Of the necessity Of
anteoedent law as the Indispensable prerequisite
Of every lawful money contract, and the direc-
tions Of which law the contract must obey fulfill
and follow out, because Of the supreme Importance
OF the requirement and the magnitude OF the
usurpation which It's violation has involved.
II the construction i claim Is given to this act,
then not only could not debts or assessments be
thOrized by their law, bat, what is equslly I'M
portant, they, through their imm ediate represen-
% s Ss
II the law is denied this construction, that all
contracts must provide for specifically author:
~ tsen ysr ,asTs x aeI h Ss hS
the character, the extent or the time Of creating
their public works, and to an irresponsible hex
whom the people can neither elect, nominate, pun
i9h, remove, rebuke, nor even petition, you have
literally surrendcred the entire material interests
Of these cities and the District. a.,
You have not given to this petty ollgarchy mere
y tho creation destruction Of the streets
and public buildings OF these cIties-not merely
the power OF contracting debts which In magni.
tude may extlnguish the wealth and property Of
the District, and subject the whole threof TO tar
sales, but you have given them power over the
very foundations Of and the approaches to, tho
dwellings Of all the people. A tyranny 90 moan,
and, at the same time, SO outraginE every idea OF
make aud has made the rule Of this District, has
been imposed upon no other country on the globe
having constitutional government. --a.
acts design to compel tho board to make no
money contract except as 1t pursued and followed
out q law OF the people defining and designating
the place, character, and cost Of the work for
which they might contract. have shown what is
supremely important SO far as relates to tho
trsmpiing upon the existing law designating 9
plan Of improvement which was disregarded-
But there is another view, in which 1t becomes
immateyial whether you give the 37th section the
70 hs nontad on y tbs sns speeae
1t can lawfully be contracted for. This view, in
which this question Of construction is immaterial
Is thisthat when the vast body of these contracts
producing this liability for nineteen millions
were made there was no sort Of appropriation
acts, definite or Indefinite, general or special in
pursuance Of which they were or could be made.
Their making was sheer, unalloyed, and au-
dacious usurpatlon.
shall, as I have said, leave to othersto arrange
and present the proofs showing how wanton and
fragrant has been the disregard Of this law thus
requiring anteeedent approval, by legislative
appropriation, Of every specific public work, be-
fore contracts therefor were possible, as have
already shown that even the four millions, ori-
ginally appropriated to execute specified set of
works named and approved In the four million
large degree, not merely wholly variant from the
"plan" made part Of the loan act. but this money
was expended for improyments condemned as well
by experience as by the expressed words and
pledge Of this very board, as disclosed on the 9th
page Of the record. But, beside this, we have the
startling fact disclosed on pages 464 and +65 OF the
liabilities already to the amount of Sls,s7255
for public works. Then you have the fact that
prOvaI OF SPECIFIC plan Of Improvements was o5-
tsined upon the official and sworn report and
pledge that the system should embrace "eyery
portion Of the District Of COLUMBIA, and comprise
every street and avenue in the cities of Washing
ton and Georgetown, as we'll as the roads in the
county" and should cost the estimated amount of
S4S5s69s, exclusive of that third assessed against
Now, alongside Of these uncontested facts dis
closed by their own records, place this additional
can, to-day in their answer in this case as found
on page 42S Of the record, find a sum total of
legislative appropriations Of all sorts for public
works, during its entire history, Cneluding the
sewerage tax Of g, ,l2O ,O0o,) amounting to but
S7,o20, ,921.21. And to make up this amount they
are compelled to include the sewerage bill which
was never passed, and Is in no Just sense IN np-
propiation bill, but nonstrosity-a kind of her
maphroditic cross between tax and confscatlon
bill. They are also compelled to take In the
Qf orrfa
four-milllon loan, providing for borrowing money
without any vote OF the people approving the
loans, as is required by the fourteenth section of
tho organic act. And adding oil these together
they can only hnd appropriation acts Of all Sorts
aggregating s7.62O,S2l-2l to justify contracts
amounting to as ST. 5S1.7l; and even these acts
were not pursued" by single contract since the
government began.
The result Of this view OF these transactions,
then, is this: Here is board solemnly prohibited
from making any contract for outlay Of money for
o public work, except as they make It pursuing"
existing appropriations for that very vork-a
not p Ss whom S they
solemn manner, that the completion Of the entire
system for the entire District should be done
w AZ spd psdss D aI
estimated sum Of so,57s, ,S97-and which board has
already assessed this people for these works to the
dollar Of that expenditure made according to the
terms OF any existing law, and perhaps three
fourths Of 1t contracted when there was not even
other law authorizing such expenditurs-but
most explicit and positive law prohibiting 1t.
Now add to these facts what is Indispensable to
which have resulted from this
amniing disregard Of all laws limiting tho powers
Not only are the laborers, inferior officers and
teachers OF this District unpaid and some lacking
breud not only Is tho credit of the District sunk
80 low as to be s stencil offending the very air-so
of universal national shame will wiring from the
Federal Treasury the millions required to rescue
that credit 1t would probably end in repudiation;
not only is the debt Of the District now crushing
Z equal to one sixth of the entire property Of the
District assessed for taxation; not only has this
state OF affairs been reached In spite Of the fact
ss2a3 oa5 rs 10 avert IT, not only has
his condition been reached by processes that have
enriched the authors OF this immense crime
against the people, and which have showered the
revenues Of the State upon jobbers, sdysnturers
aud prohlgates, the fayorites of them who con-
rived ond executed this great wrong; but TO all
.hese you must add these other startling facts
hat the work done is, in q large degree. that
wood treated" In fraud, banished from all other
,itles condemned In the frat report Of this board.
Ind inevitably deetined TO perish long before It Is
paid for; that the fences are Of wood, that the
avenues are, at least In part, OF the condemned
and already petshing cemsnts; that the sewers
.Wo clties is unreached even by these frail and
perishing improvements" o."
The authorities attempt the apopology, in part, |
ions by resort on pages AS and 20 OF the record
% the 9, 5,2l7, ,6cl40 Of assessments on adjacent
property, and TO the t5522, IS contributed by
he United States. But to this resort the reply r.
obvious and complete As to the i've and third |
millions assessed on tho adoining property, the |
Tery same absence Of appropriations which ron |
Tered the contracts Illegal for the other two thirds
,f the cost of these works rendered Illegal also
his assessment Of this remaining third Of five and
third millions. Then, as to the justification OF
hese contracts, as found IN the appropriations in
lsT3 Of three and quarter millions by Congress,
you note the fact that the appropriations by Con
gress were made after the vast body Of these con-
racts, and their resulting burdens and insolvency.
we're already incurred, and the appropriations |
,xtorted from Congress under the Joint persua- |
ions Of the shame Of bankruptcy impending over |
made up against the United States for work |
lever homework duplicated in the bills rem
Tered, work falsely measured, and work charged |
o the United States at prices enormously excss- |
i've, go ..
And then, to all this, and to determine how far
anetify oil. .condone these expenditures, made 10 /
Iehance Of law, 1t must never be forgotten that, /
n its Indignation for the past conduct Of this |
,oard and In protection OF the future against IL,
he Congress, as part Of Its acts Of appropriation
VI 1873, attached this condition, in way Of both
'ublic Works be, and they are hereby, prohibited
rom lneurring contracting further liabilities
n behalf Of the United States In the improve
1ent of streets, avenues and reservations, beyond
he amount OF appropriations previously made by
congress, and from entering into any contract
puching such improyoments on behalf Of the
lntted states, except In pursuance Of appropria-
ons made by Congress. III q. S. Stat. at Large,
This provision was not one of the mere casual