Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-11


faet that, uu lees the act Of Congress had pro
weed for the payment FOR all future work
nnoer exlsnng contracts In what are known
as g bonds, 10 would have been impossible
10 have completed the sewer system or any
eonsidersble portion OF the contracts Cor
otber improvements, as the making OF new
contracts would have compelled the paying
OF money for which the resources OF the Dis
trict 81 their disposal are Inadequate so
that without the relief OF said bonds the re-
suit would have been the suspens on, sub
stsntislly, nj all improvements OF the Dis
trict."
In the report OF the Commissioners dated
December 5, lss4. as reported by the engines
They state the amounts OF work done on con
tracts payable In 3.65 bonds nom July =,
The cost 70 complete contracts resumed, pay
sole In - bonds, sl.s2i 80 m; claims for
contracts made under awards, 80 called, re-
lec sss oy me commissioners, if finally pay
In the engineers report, constituting a
part OF The report of the Commissioners, the
following In stated
Whenever 10 has become necessary IN An
tnorize extra work under a contract IN order
10 properly complete the WORK required un-
der 10. the express SIT pulation has been MADE
that pay ment shall be received ia IS bonds.
upon the certificate OF the board OF audit"
This mode OF payment Is again repeated
by the engineer on page i'5 Of the CommIs-
In the report Of the board OF audit dated
December !, lSi, (EN. Doc. I. part q, 4ld
Congress, "a session. IL was said
main the duties of the board of audit related
10 The past, while those OF the Commission
ers concerned the future
the only material exception % this arose
under The fourth class Of claims. designated
IN the act as claims existing. or hereafter
created, Tor which no evidence OF indebted.
ness has been issued, arising out of contracts,
written or oral, made by the board OF public
works. section of the act. IN placing GER
tain Limitations 10 the powers OF the Com
missioners. distinctly declared that those
Nfta IN laa
listing legal obligations and contracts. and
10 the protection or preservation OF improve
meDts existing or commenced and not com
pleied at the time OF the passage OF this act
IL being thus apparent that the Commits
sioners were authorized 10 proceed WITH the
execution of existing contracts which had
thst the claims thereafter created aud ariS-
Ing out OF such contracts were among those
submitted 10 the hoard Of audit"
In relation 10 the fourth class OF claims.
the board of audit said In that report:
10 The allowance Of claims OF this class
OBJECTIONS were interposed by representa-
ives OF he Taxpayers Association of the
District. The principal objections were
based upOn the allegation that the prices
agreed To be paid exceeded the cash value OF
The work, ard that. therefore. the contracts
were fraudulent, aud upon the alleged fact
mat the aggregate OF these contracts carried
The indebtedness Ofthe District 20 an amount
eNceedlng The Limit prescribed by the act 10
lumbia.
The board OF audit was OF the opinion
ihst, while the excess OF price might prove
that The board Of public works was IMPROVE
cent IN contracting, 10 did not necessarily
constitute badge OF fraud i'm the contracts;
ard, indeed, In many Instances, it was APP
parent mat the contractors were largely
losers, through the unavailable or sfeprecIs-
ted evidences Of Indebtedness with which
they were paid.
For the fact that the aggregate of the con-
tracts Imposed upon the District an amount
OF Indebtedness exceeding the prescribed
limit, no contractor was responsible. Each
contract was clearly within the powers con-
ferred upon the hoard Of public works. aud
no one. ror all together, NECESSARILY implied
the creation OF a debt In excess of the au-
thorlzed amount. The result OF all may De
debt in such excess, but the responsibility
rests spOn the agents OF the District and not
with those who made contracts within the
apparent authority OF the board. Besides,
pended with The knowledge and approval
and under the promise or payment, OF those
who represented, and who only could repre-
sent the District in this business"
And again. In reference 20 contracts, the
board OF audit said in that report:
Under many OF these contracts work has
been continued by direction OF the Commits
siOners, and claims thence arising have been
audited by the BOARD.
"In addition, there Is a large number OF
measurements by the ems ineer OF work under
contract, the amouOt OF which has not been
computed. The claims In this class include
large amount FOR work done under the
y
And again the board OF audit said in that
report, IN reference 10 unsuditsd claims OF
the several classes, that ',hy a continuance
OF work under contracts, No. 4will be milf
mately IN creased." The amount OF the in
crease depended upon the action OF the Com
missioners, and was not under the control Of
the board OF audit.
When The board OF audit had made their
report OF December :, 1874, they considered
their functions al an end, and cea Sed audit
ing The construction given 10 the act OF
i H. hr~r Iffsff1r afegf
board OF audit, and the action had 10 cOnfOr-
nifty the reto haviug been thus made known
10 The public and 10 Congress, that body,
with Knowledge thereof, passed the Joint
resolution approved december Il. lisa, there
by resolving The the board OF audit cOnstl-
lLttd ty section OF the act entitled An act
for Tie government OF the District OF Colum-
bla, and for other purposes, approved June
twentieth, eighteen hundred aud seventy
four D. continued until Otherwise provided
by law. with all the powers and duties
specified in said section" That resoln-
tion also extended the time "fOr presenting
claims" OF all classes, eight In number,
iLclUdiIg claims for damages 10 real estate
not before presented 10 the board OF public
that date.
Unde that action OF Congress we assumed
and had an uBquestlUnable right 10 assume.
that the proceedings OF the Commissioners
and the action of the board OF audit, and as
well also the construction given TO the act of
j June 20, lSs3, met the approval OF Congress.
The Commissioners were, "until Otherwise
provided by law" 10 ''exercise all The
power and authority now lawfully vested ia
the governor or board OF puollc works OF said
District" and that act removed the limita.
ton previously fixed. 10 the debt OF the Dis
trict- The joint resolution provided that the
board OF audit should be "continued until
Otherwise provided by law" and thereby
the board OF audit held Office By the same
tenure a. the Commissioners. and under the
known construction which has been stated.
On the passage OF that resOl LAT ion, the Com
missioners and board OF audit proceeded in
The discharge or their respective duties as
formerly, as was publicly and generally
well known. Under date OF February rs,
1913, the Board OF audit reported their pro-
ceediings from the passage OF the Jpint rssO-
luton 10 that date, and stated In Une report
that there bad been presented since their
report az December !. losi, claims OF class {
10 Tie amount OF sos 40 81. Tue report also
said that ''this class includes the Continual
ton by The Commissioners OF work under
old contracts which had not been fully COM
pleted prior 10 The change of the District
government and additions will, however
be made 10 class 4 by The Continuation or
work under old contracts"
In the reports OF Decem her :, 1874, and
FEBRUARY 70, 10, the board of audit re-
TERED 10 certain classes OF claims as fixed i'm
amount, some of which had not been pre-
scented. These claims could not be Increased
beyond fixed amount shown by the re
cords Of The District. BY act OF March 3.
lssJ, Congress extern ted the period for pre-
s.. an.rH.. -.