Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-11
THE DISTRICT INvEs rIGATION.
ICO~tinue,f from, the Third Pagel

vefe cldimeu unuet letters OF award from
class rejected prior TO our annual resort of
1874, amounted 20 Sf31 ,123, besides coRiingen-
1es- See our annual report for ls.s, PIP. 10
and l13.] Az others of the same KIND were
rejected. We have rejected claims for con-
tracts Of otherwise doubtful obligation, In
which the large amount invofe ed has not
been computed, We having had no intention
Of doing the work.
"10. Did not a number OF the taxpayers Of
and protest against your recoanition Of
many or all OF these contracts recognized nv
you because they were illegal and unacthor-
limit prescribed, that is to saw a. nsO OOo
and because the said board of public work Ks
was prohibited, by the organic act, from
making contracts TO bind the District 10 the
payment OF any sum Of money except in
pursuance OF appropriations made by law,
and not until such apEropriationsshal have
eeen made? After receiving the protest, or
At any time, did you obtain the opinion OF
any dlstDte-ested ard well Informed lawyer
rs 10 the validity OF these contracts? II yea,
state who this attorney was am. whether his
opinion was in writing. aud 4 in writing
you VIII furnish the COMMITTEES with a COPY
thereof Are you not defending in the courts
OF The District Of Columbia against suits
brought on some Of these contracts o1 the
ground that TREY were MADE IN the absence
81 any appropriations, and has not this de-
fence been so far successful. Is the attorney,
who Is defending theee suits, the same person
who advised you to recognize these ana
o. The beard Of public wcrksi'
70 dyfsJc-T.-ln answert0 inc drst part OF
THIS question. we would tay that three gen
uemen claiming to be g Committee OF the
Taxpayers Association did cali upon the
Com nj ssioners about rte eighth day OF Az
gust. 1871, ana presented paper which may
be of I, character mentioned in the ques-
tion; that paper with the written answer
10 IL made BY the COn-nis SjOners under date
August -, 1874. is substantially reported in
me printed slip marked EXHIBIT B. which
We transmit herewith In regard to the va
ldlty OF these contracts, We had at that time
already obtained the opinion OF counsel
whom We regarded as reliable Reference
has already been made 10 the consultation
on this subject which was had by the Com
miss toner's, their attorney, and the board Of
audit, with a member of the Joint cor mittes
which framed the act OF June 20, 1874, to
whcm reference has already been made
After that verbal opinion we decided TO per-
form Such contracts OF the board OF public
works g. were not tainted with fraud. or in
valid for other reasons. In our preparation
OF the answer to the tax payers. which is
psrt of the exhibit last above TneDrioned vVe
were aided by the advice of the assistant at
tOTney. As 20 the remaining branch Of the
TENN lnteTrOSatOfy, We ans Wer that we are
informed by our counsel who had concurred
IN expressing to us the views above indf-
Gated tnat IN certain actions at law against
the District, the defence of absence of ante
eedent appropriation has been avaiIei Of on
the ground that though the act of June DO
1874, created the board of audit as a spe ,ial
tribunal competent TO examine and audit
claims under con tracts for which there had
teeL 10 previous appropriation, still that act
did not enlarge the remedy OF such claim
ants In the courts, and that Congress had
provided that all such claimants after allow
ance OF their claims should receive in paw
merit only board Of audit certificates con-
yeTiible into ? .65 bonds, and had not pro
Nid6d that they should recover Judgment
against the District cOllectible in money
This defence has not been ConcluSively passed
ID as yet Inc attorney for the District who
Is Defending these suits cOncuIred with the
counsel above named In the opinion as TO the
validity OF the contracts OF the board OF pub
lie works.
AL. State N detail the amount OF money
expended since July, 1874, in repairing nave.
ments laid by the board OF public works.
Give the name OF streets on which the repairs
were made; the cost Of such repairs by
wEOn repaired; who was the original con.
tractor and the amount paid 20 the original
contractor. were any of these repair CON
tracts open 10 competition To bidders Was
, there any offer made TO the Board of Com
missiOners TO DO this repair work at less
price per square yard than the price paid by
the board; IL so by whom made? Have ali
these contracts for repair work been paid in
6 bonds, )T did the contract 10 do this work
require SUCH payment Were any OF these
contractors Tor repair work paid any sum
whatever in cash? II 50. state the sums so
paid, and 70 what contractor or contractors"
H. AaSlCsT.-The detailed Information re
qnested IN respect 10 repairing nave
Inents laId by the board OF public
works is given in table No. }. accom-
panylnS the engineers report. These re-
pair contracts were open To the competi-
ton OF bidders. but as the character of the
work bad been determined upon in advance
10y the engineer, and he had selected two
pavements on account OF their excellent
quality. as proved by experiments made in
the District, which were 10 be uSeI eycIu-
siveiy III The repair OF the concrete work the
bicding was Eece ssaTily limited 10 the repre-
Sentatves OF these two pavemeuts. The
reasons Ior these conclusions of t1e engineer
may De found on page 235, Com. Rep, 1915.
ard IN his testimony before the committee
No offer was made TO the Commits siODers
by any competent and responsible person 10
q a a Loss r1rfa fEor,
mas been paid. The WORK We believe has
Oeen economically and well done. This re-
par work has been paid for in 1856 bonds,
snd the contracts required such pay ments
None Of the contractors were paid a1y sum
Whatever In cash for work done under the
sth section of contracts with line board ~
paollc works. For further information in
answer 10 this question we refer 10 our an
swer 10 question number :. and also 10 the
engineers report transmitted herewith
a. state whether you took the opinion nj
counsel as 10 your power under the act of
June 70, lSs4, 10 order jhis repair work to be
done and 10 be paid for in 3 IS bonds. IL yea
give the name OF such counsel. and If his
opinion was in writing furnish a COPY of the
same 10 the committee. II not in writing
state the substance OF that opinion and
under which section OF the act Aforesaid and
clause thereof he advised YOU that Won had
the power TO order this work to be done. III
this work was done on your own construc-
ton OF the powers conferred by said act,
state the clause anu section of said act which
work done and paid for in SIS bonds"
T. Afts'reT.-The repair work referred to in
the 18th answer was contracted for in pursu-
snce OF what was known as the hftn and
ninth sections OF contracts with the boari Of
puolle works The text OF these sections is
as follows:
ann. 10 is farther sgreed that r. AT any
time, the party OF the first part shall be OF
opinion that the said work, or any part
thereOf, is unnecessarily delayed, or that the
said contractor is wilfully Violating any OF
the conditions or covenants OF this contract
or executing the same in bad faith all of the
Work may be discontinued under this con
tract, or any part thereof; and the said party
OF me nrst part shall thereupOn have the
power 10 place such and so many persons as
may be deemed advisable. by contract or
otherwise, 10 WORK at and com plete the work
herein described, or any part thereof and IN
use such materials as may be found upOu the
line OF said work, or 20 procure other mafe-
rails for the completion of the same. aud 10
charge the expense OF said labor aud naterI-
ais 10 the said party OF the second part and
the expense so charged shall be de-
ducted and paid by the said party of
the nrSt part, out OF such moneys
as may be then due, or may at any time
thereafter grow due, 10 the said party OF the
second part, under and by virtue OF this
agreement, or any part thereof and in case
such expense l. less than the sum whic.
would nave been payable under this con-
tract II the same had been completed the