National Republican., 1874-05-29


complete. The words Of restraint were the en-
phetle ones-"are hereby prohibited" Tho things
prohislted were both the "ineurring" and the
eontrasting" further liabilities on behalf Of the
made By bup not sSsrs
duplicated the prohibition by iorbidding all con-
tracts "seuehing improvements on behalrof the
sIons h eaoeps N pursuance Of appropria-
Hero the smbarrassments, in the way Of con-
tracttng debts against the people in absence Of
authority OF law, seemed 70 most men insurmount-
able The organic act prohibited the Contracting
on behalf Of the people, or the elites, the Dis
ton ample, unniistakable and oomplets, by pTo-
United States Tho combined eject of these @ laws W
rendered the emergency most embarrassing but
not insormoIn,aos; ;,o, Tes re- e%ersspSy va. 2 one
vised that, by the common law and the acts OF
Congress, contractors wiyes were good enough
the sewers and asphalt and treated paVsusnts Of
grent cities during the generations 70 come would
not DO. And resort was had % him whose power;
the board He is summoned for the purposes Of
brought his vast coustrnlng powers to bsar upon
the second proyiso. Built was too much for hin,
and ne wrote II down mildly, more in sorrow than
The PsthaaS The Board tSa II OBSERVE thai thai
In the act Of January 9, 1873, thsrs Is provision
which seems 70 have contemplated restricting the
Board Of Public Works to appropriations pre-
viouslY made.n It only "seensd," !" but stfii it
'.sesmed;' and since violations OF even the
seeming must be overcome. "Cons trnction''
had failed, but the resources Of counsel had not
Another Possibility vas LEFT 70 open an uafettered
II eense to this board TO rush on In It's career OF
burdenins and bankrupting this people, and that
possibility was eagerly seized that the same
the law u January jam Seemed M 70 prOHiSs ali % coa
| tracts which did not "pursue" anteesdent appro-
prIatIons, made tho gratifying announcement thst
effect repealed" !" aud repealed by the same Con
so soon after they made 1t that the ink Of Its
signing was scarce yet dry. -.,..,,-
learning, the usefulness and the powers Of my
profession arc nearly unbounded. There were
is dd nUs ons seU
learn our legerdemaln was capable of; and It Is,
therefore, dlffcut for me TO os either surprised,
or even amused, by the dexterity OF any Signor
Blltz in our high calling. But sir, 1 assure you,
in all seriousness and candor that this 'opinlon"
that the ca aPproPriatIon act Of March 8, ls5S re-
amuses-it amsLes-me.
learned from the horn-b book Of the law, as well
| as from all It's sages. that which the Supreme
Court Of the United States utters in these words:
"A repeal by implication is not favored; the
learning Of the courts Is against tho doctrine. II
1t be possible the two acts Of the Legislature
| stand together" (MeCool VS.. Smith, I Black,
40; and see 10 Peters, 342 10 Barr, AS; Cranch
lS9; 49, q Pa, Pa 81; watts SsEl, 2os; Hi, 22i;
session are impossible, unless the repeal is ex-
pressly authorized In the repealed act.
But here q repeal of the Law OF the Sth OF Janu-
ary is found In the act OF Cd Of March, which not
only contains no express repeal; not only contains
nothing repugnant to the prohibition upon the
appropriations therefor; not only confines its
s9i3, 497.2S to the payment for work NOW In pro-
grsss"2 "a and therGtore already contracted for. and
the avenues Of said city, and for work dons there
on &c, but the act is, by its very letter and
face, so far IS 1t may relate (f II does at ally 10
future contracts, ono passed in pursuance Of and
to carry out the express letter OF the provlso Of
the sth Of January. It did this by making an
antecedent appropriation, which, to the extent to
which any part OF 1t was not consumed on con-
tracts made before tho date OF the act, would
81 OOO, 900 provided such contracts we're also au-
thOriZed and appropriated for by the Assembly
AS required by the organic act. II was precisely
Vso (alleged to be repealed) expressly said must
precede all contracts by the board. And yet this
last act, in accordance with, and expressly TO
carry out the act Of sth Of January Is alleged to
repeal II.
MIR. Gushing argues that II would be impossible
Tor the board to go on and make one side Of q
made the side next to Goyeinment reservation
not appropriated for by the United States, and
Of January 8, and to let contracts proceed ad
Iibuum. Precisely the opposite Of this is true
and the act Of Sd OF March was meant really to
insolvency, resulting from debts then already
contracted In disregard Of Its laws By paying for
such work then donei and as to any rGsiIue OF the
appropriation, to authorize It to bs expended on
contracts appropriated for by the Assembly ao-
cording to the requirements Of the organic aot.
avoid tSs pOnsd Oa by Mr oa,pS
Of making one sids OF street, was to do precisely
what the organic act and the proyiso OF sth Of
contracts for any Improvement except IN putsu-
ance of appropriations made for the entire im-
provement Including all Its sides and us ends BY
the Assembly, and by Congress when the United |
States was to be called upon to contribute TO the
work.
BY reference to page 294 Of the Governors an. |
swer 1t will be seen that from tho day this act oil
sth Of January was passed, perenptorily prohio-
itlng all further contracts as against the United
laWess career OF this board went he eedlessIy coz.
tracing for millions OF indebtedness In violation
OF both acts Of Congress forbldding il, and with
out even the apology Of Mr. Cushing's opinion, !
which came not until nceded for use in Congress,
18th December, 1873
Here, Mr.. Chairman and gentlemen Of the COM |
mittee, leave this discussion. The part assigned
to me by my associate cOuncu was 20 direct the |
committee's attention to some OF the legal ques-
done this so poorly that / must ask from my as |
sociates and from the committee, by thsIr fuller
and abier exploration OF the case 10 correct the
errors Of this argument, and to supply It's oILis-
slons. cannot close these remarks, however,
without adding TO than what / now do. And,
hrst Of ALL wish to put here upon record my own
qualification at the Improvement, beautihcation
and adornmsnt Of the national capital, IN SO tar
as these have been attained without fraud, op-
My love Of my country, my concern for the
honor and purity Of Its government, my adnira-
tion OF and fealty to that great Republican party
which Is, in large degree, responsibls for the
existence and character Of this local government
my relations Of personal friendship toward the
first Governor Of this District, and my desire Tor
the prosperity OF this people and these cities,
have, from the beginning OF this inquest, made
me, and will to Its end make me, profoundly de- |
sire that the truth would Viudicate tho rulers Of
this government, and establish the wisdom and
purity Of their rule.
But, sirs, the same considerations which led me
to desire their vindication has led me TO demand !
that that yindication shall not come at the sac
rihce OF truth; OF the sacrifice Of the welfare Of
this people whom they have grieYously oppressed
and overwhelmed with debt: or Of the credit Of
this national capital, which they have deeply |
suliied and nearly destroyed; or OF public and
ofncIal morality, which thoy hare prostituted In
the interest Of favorites. pr6figates and banded
aG. ,nturers; or Of the law which they have per-
sistently, eontemptuously and throug ghout the
years ds1ed and trampled under foot.
Mr.. Chairman and gentlemen, In the name OF
all these high consideration Iust named, and Of
this people SO deeply wronged by the men who
are now at the bar OF that august tribunal where
the Constitution has placed their government and
the redress Of their violated rights, pray that
these wrongs shall be At once ended, 9ld that
Congress may supply to the people, by an honest
and benefcent government here, the redress
which they crave at your bar.
SAMUEL SRELLABARaER,
far