Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-05-23

and the measurements not certified and
ho -, Sill In the engineers office: equal to
fundea debt Of the District s23, 3oI. 3I2s5, ex-
elusive of the claims for damages to real
property. According to the report OF the
debt authorized to be funded into 365
bonds was created by a disregard OF
the limitations and restrictions placed
OF Congress and the organic act of
the District of Columbia. 1t was by a VIOLA
hsd involved the 6istsict IN
ard which, combined with reckless IL not
criminal mismanageInent, that led to the
abolition OF the late government OF the Dis
trict and of the board of public works and
the substitution OF the present temporary
government.
in imposing this heavy burden on the people
Of the District, in defiance OF the plain pro-
visions OF law, have been brought to justice,
either ,S civilly or erlmiDally; Either may
case from the want OF proof OF criminal
motive, and in the other from the impossi-
tcpsT OF 1 Of fbe bnsId of oh any par
or all of them. 1t was deemed by the last
Cor gress sufficient for the occasion to rid the
niItriet OF every S Sest,ge OF the goyernmeat
BEEN perpetrated, and to organize a new
government with more specific and limited
p overs. And in order to afford some guar
antee TO the Taxpayers of the District
against repetition OF the lawlessness of
the late board of public works, as well as to
restrain the executive OH GERS upon whom
the provisional government of the District
was devolved from following the evil exam.
pie of their predecerSors in authority, the
second section of the act of June 20, 1874, re.
quired that each of the three Commissioners
to be appointed by the President should give
a bond sin the penal sum of fifty thousand
dollars, to be approved by the Secretary OF
the Treasury, for the faithful discharge OF
the duties OF his Office"
AS we have said. they were not only
vested with executive authority, but they
were trustees, or assignees In bankruptcy OF
this plundered and insolvent District, to
wind up its affairs and to enforce its valid
laws until Congress should provide q per-
manent government. The obligation as
sumed by these Commissioners is akin TO
those OF an executor of a will or an admins
TRAITOR OF an estate. If they have failed In the
discharge OF their duties; IL they have been
IN faithful stewards of the trust committed
to them; II they have been guilty OF malfeas-
ance or misfeasaDce, or abused their power
to the injury OF the District, it seems To your
committee that they are severally respon-
sible TO the District on their bonds.
We cannot conceive any reason for reQuir-
ing IN ms oond OF these officers, unless they
presented in this report. II they are not re-
spos sible on theee bonds for the illegal in
cially for the wasteful, unlawful, and unjns-
tifiable expenditure in repairs of streets
during the last year, we cannot imagine a
state of facts, short OF criminal misconduct,
lie
out positive and direct proof of corrupt mo-
tive or criminal misconduct on their part,
of which there is none before the committee,
they could not be punished crtminally, and,
unless they can be made responsible on their
bonds, they cannot be held amenable for
what seems to your committee not only ia
grant violations OF law but absolute I'M
faithfnlness In the administration of the
affairs of the District.
In the investigation of some of the con.
tracts of the board of health. (see testimony
Jerome Rai-
ser, and VIM. Painter) 1t appears that that
with the Odorless Excavating Apparatus
company, of Baltimore, was made under
circumstances that leads to the suspicion, If
not to the conviction, that improper mo-
tives controlled two of the members OF the
board in awarding this contract. The con.
pany, as the highest and not the lowest bid
der, by which the citizens Of the District are
taxed Twenty-Five per cent more than they
would be under the rejected bid. 1t runs for
three years, and the loss to the people OF the
District for these three years, ii is estimated,
will be equal to S10,0 per annum. Toe two
members OF the board doctors Cox and
Bliss) above referred to, subsequently to the
award, received from the Odorless Company
certificates of preferred stock in the COM
pany, guaranteeing seven per cent per
to have disposed OF afterward to the presi-
dent Of the company.
We refer to the statements of Doctors Cox
and Bliss, to be found in the printed volume
of the testimony, for their explanation of
this transaction, which the committee are
OF opinion is far from being satisfactory.
Not only ought the contract to be Cancelled
and set aside, but your committee would
call the attention OF the authorities of the
District TO the propriety of bringing their
conduct In this matter before the gland jury,
and having these officers indicted under Sec
ton SCI OF the revised laws OF the United
States.
Congress, at its last session, appropriated
SIS, eco to be paid 10 the laborers Of contract
Ha
where il should be found that q sufficient
sum to pay these laborers was due by the
District to these contractors. In our exami-
nation OF this subject We have found that
this money has all been paid out, except
very small balance, and complaint has been
made that the parties for whose benefit this
money was appropriated did not receive 10.
This complaint seems too well founded In
several cases, and while we appreciate the
difficulties under which the auditor of the
District labored to carry out the benefcent
purpose OF Congress, we cannot but conclude
that, considering the character and condi-
ton OF the parties with whom we had to
deal, the precautionary measures taken to
prevent fraud were Inadequate to that end,
parties that were not laborers within the
of the act of Congress. The testi-
mony shows that this money was paid to
foremen, and sub contractors
OF the original contractors, and in one case
Testimony of Mask, p. 1881 it appears that
a fraudulent and fabricated payroll of 81 1892
" GO poio III Out VI IulS luuO, Wucu uUI q
cent was due on IL.
In another case the foreman, time Keeper,
and watchman consumed q large part OF the
pay roll, and q livery man was allowed his
bill for carriage and horse hire under the
cover of "hauling material"-and these
bills only proved by the contractor himself,
and he drawing nearly the entire pay roll
under power of attorney from the parties
apparently entitled to this money. (See tes-
Of w. Nailor, p 2S2, and report of ex-
pert on contract of Wholly Il Brainard, p 263
and seq trhese, 1t Is to be hoped, are excep-
tional cases, as we have not been able 10
find many OF the parties who could throw
light upon the manner in which this appro-
priation was applied. We are informed that
there have already been some convictions in
the courts of the District for making out
pay rolls on this appropriation;
and the courts having criminal Jurisdiction
In this District will fail of their duty if the
parties engaged In the frauds above referred
TO are not indicted and tried. We cannot
suppose that it was the intention of Con-
gress TO pay the clerks and superintendent
OF the contractors of the board Of public
works. They were not laborers in any prop
er sense, and ought not TO have been paid
ont of this fund. Nor should the auditor
have relied upon the sworn statement alone
of the contractor as to how much he owed
his laboTers, and TO whom Ii was due. This
has proved to be a inadeouafp DrOfac-