Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-05-24
Tho District Commissioners.

IhhIh CONSTRUCTION OF THE LAW SUS-
TAINED-THE FORCE OF JUDGE BUCK
NER's REPORT BROKEN.
AS Will be seen by reading Judge Buck
ner's report on the District investigation In
yesterdays STAR, the censure of the Dis
trict commissioners is founded on their con-
stluction OF the act OF June 20, 1874, under
Wnlcn Inc present commission government
was organized. The Commissioners have
shown by their publishei answers to inter-
rogatories of the committee. that their con-
struct1on OF the act was adopte1 on the adj
vice of their legal counsel. Whatever mis-
taxes, IL any, they have made, grew out of
the construction OF the law honestly made,
and which Is not denied by the chairman In
bis report. That the Commissioners gave
the proper construction to the act of June
20, 1874, Is shown by the following iudorse-
ment OF the Hons. Lyman X. Bass, Jeremiah
NJ. Wilson, and j. A. Hubbell, who Were
members OF the joint investigating commit.
lee of the last Congress who prepared aud
reported the act of Congress:
LETTER FROM HON. LYMAN K. ASS.
HOUSE OF REPRESENTATIVES,
WASHINGTON, ID. C, May Is, 1876. s
quiry OF me as TO my construction OF certain
provisions of the law of the last Congress APP
loved June 20, 1874, providing for the gov
eminent of the District of Columbia, and as
to the intent of the joint committee which
framed that law, in adopting and recon-
nendipg such pl DIVISIONS TO the favorable
action of Congress, beg leave to say that
think the answer is clearly and unequivo-
cally found in the law itself | find no am
btquity In Its expressions. The object of the
committee and the object of Congress was to
abolish the then existing government of this
District, as is provided in section one OF the
act, and to establish in it's place a tempo
uutil new permanent form of government
could be matured and adopted. BY section
two OF the act certain substantial powers
heretofore vested In the governor and board
of public works were devolved on a commits
sion to consist of three persons under GER
tain limitations.
contract nor incur any obligation other than
such contracts and obligations as might be
necessary to the faithful administration OF
the valid laws enacted for the administra-
ton OF the government of said District, to
the execution of existing legal obligations
and contracts, and to the protection or pres
ervaticn OF improvements existing or COM
menced and not completed at the time Of the
passage of the act.
Thus power to make contracts and incur
obligations for those three specified pun poses
was conferred upon the new Commissioners,
10 wit:
First. For the purpose of administering
the laws for tho government of the District.
Second. For the purpose OF carrying out
the lawful outstanding contracts of the Dis
trict.
Third. For the purpose of protecting and
preserving existing improvements, or such
as were commenced and were incomplete.
Congress, in the performance OF its duty
in the premises, could not we'll have done
less. Not 10 have given the commission
power to incur obligations in the admins
tratiOn of the laws would have been equiva.
lent to a6clishing all government. Not to
have conferred power and authority to carry
out the lawful outstanding contracts of the
District would have been an attempt to re-
pudiate and abolish such contracts, In direct
violation of the rights of citizens. The for
mer government doubtless had the power to
make valid contracts, binding the District,
and as TO such contracts IL was not sought to
repudiate or ennul them by legislative &C
ton. All questions as to what were or were
not lawful contracts were remitted to the
commission, as were such other questions
as pertained to the methods of execution.
The commission for these purposes and
others was The executive authority of the
District of Columbia, and was vested with
lawful executive discretion in the exercise
OF It's duties, such as Is possesse by all ex.
ecutive officers. And il Congress had not
given the commission power TO incur obli-
cations necessary TO take care Of existing
| property Of the District, it would have been
| short sighted indeed.
On reading your answers to interrogato-
ries OF the committee, do not see that your
construction of the law is different from
payment OF the obligations which might be
Incurred In performing existing contracts
were provided for in sections and of the
audit were required to audit and ,ettie
"fourthly, claims existing or hereafter Gre
ated for which no evidence of indebt edness
written or oral made by the beard of public public
l works." and for the amount of such clai m
| so audited the sinking fund commissioners
l were authorized to deliver the 3.65 bonds at
| par in a like sum. No other provision is
l made by the law for meeting such indebted
ness, and none other was contemplated by
| the joint committee, for reasons which are
fully set forth in their report.
believe the foregoing Is response to all
| your inquiries on this subject.
have the honor to be, yours. very re
| spectfully, LYMAN X. Bass
l The Hon. W. De,nisOll, j. II. Retchaa g. L.
Phelps, Commissioners, &c.
have read the foregoing and concur I'm
| the views therein expressed.
]. III. WILSON,
/ JAY A. HUBBELL.