Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-04-06
The Contractors, L.berer,, Paw.

LOWERS OF THE DISTRICT COMMISSION
ERs-oPINIoN OF THE ATTORNEY FOR
THE DISTRICT.
Applications having been made to the Dis
frlct Commissioners to stop the payments Of
eeftaiS contractors of the late Board of Pat,-
lie Works for the benefit Of la32rers, the
Commissioners referred the papers to Hr K.
l.. stanton, the Attorney of the District, for
ms opinion as 10 the power of the Commits
siOners to stop such payments for the benefit
OF laborers and other creditors. The answer
OF Inc attorney Is OF interest to contractors
and Others, as covering matters relating TO
such claims, about which much has beeh
said OF late. The opinion is in full accord
with the frequently expressed opinion OF the
Commissioners.
Mr. Stanton says with reference to con-
tracts made with the late Board of Public
Works, the act of June 10Th, 1874, provides
that IL shall be the duty OF the first and
second controllers of the United States
Treasury TO examine and audit for settle
ment all claims, existing at the time OF the
passage of that law, or thereafter created,
arising out OF contracts written or oral made
by the Board of Public Works. boz ,vnara
certificates OF the auditor OF mat board had
been issued, and wnera 40 evidence OF
indebtedness had been issued. BY this
law the Commissioners have nothing
whatever to do with the settlemenG
of accounts made with the late Board
OF Pubic Works. II there had been no other
legislation On the subject, the Commissioners
would have TO power whatever to make any
with the Iate Board OF Public Works. The
question would be one affecting alone the
powers Of the Board OF Audit. Tae act of
evil expenses of the government for fisca
year ending June 80, 1913, however, among
other appropriations for the District
of Columbia To BE- expended By the
Commissioners enacts "that the sum OF
$4,000 shall be used for the payment of
the working men employed in puoIic
1mprOvcmeIt Is on the streets of WaShingtDn
under the Board of Public Works or the
cor tractors of the same, and the Commits
sioners are authorized to retain from the
several contractors who are indebted to the
wOrkingmen, and whose accounts have not
been settled by the Board of Public Works
the several sums due the workingmen; ali
the above sums to be considered and all
Justed as Il part OF the proper proportional
sum To be paid by the United States towards
the expenses of the government of the Dis
trict of Columbia. Here is the only provis-
ion of law authorizing the Commissioners TO
retain from col tractors sums due the labor
eTS The act of June 20, 1874, makes il the
province of the board of audit alone to settle
the accounts OF contractors of the late Boarl
of Public Works, and authorizes payments
under such contracts i'm certificates of the
board OF audit. convertible into 1865 bonls
The act OF June %, 1874. directs that the sum
OF $4,000 should be reserved for the pay
merit of the wOTkingmen under the Board
OF Public Works or its contractors, and
In the case of payment to the men
directs that the Commissioners shall retain
the amount from the contractors. As no
payments are authorized by law to be made
by the Commissioners of the District to con
tractors OF the late Board of Public Works
the direction to the Commissioners TO retain
sums from such contractors could only he
carried cut by means OF request from the
Commissioners to the Board Of Audit. This,
then, is the extent Of the authority of the
Commissioners of the District to make stop
pages against payments to the contractors OF
The late Board of Public Works. The au-
thOlity is limited TO the sum which the Com
missiOEers were authorized to pay to labor
erS Of such contractors. The StImOf S75.Ggg
above mel toned, being expended In payment
t. lafoterS: the Commissioners have nothing
further 10 90 with the payment of the con
tractors of the late Board Public Works or
OF their labOTerS. Outside of the Snu of
$500 the whole matter belongs TO the Boart
OF Audit, whose province il is To settle ac-
counts or claims under contracts with the
Board Of Public Works.
II is proper to add ehat some of the water
contracts made by the Board of Public
WORKS contain provision requiring the
contractors, when required so TO do, 20 Turn
lsh satisfactory evidence that all persons
VINO have done work or furnished materials
under the contract have been paid, and
authorizes ifsuch evidence is not furnished
the retention of such sums as may be neces-
sary for such payments or claims until such
claims should be fully satisfied. Under the
provision no doubt the Board OF Audit would
III the settlement OF n claim of n contractor
OF the late Board of Public Works retain n
sufficient amount to meet the claims of Ia
bOTers or material under the contract. And
perhaps the Board OF Audit would exercise
lne power even where the provision is not
contained in the contract. At all events the
authority OF the Commissioners in the mat
Ter extends no further than the disbursement
OF The $4,000 under the act OF June 10Th 2s74
and the retention through the Board of Audit
OF corresponding sums fIOm contractors To
whose labOrers the payments OF that sum
may have been made.