Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-11
EVENING STAR.
TIE DISTRICT INVESTIGATION.
tContinued from First Page.I

I
enacted Tor TIE government OF said District
10 The execution OF existing legal obligations
ana contracts, aud To the projection or pres
| erVdtlon OF improvements existing or COM
menced and not completed at the time OF the
| passage OF the act OF June 20, 1874, might
IsWfnIIy De made by the Commissioners.
| - IN tne event OF a modification within these
limitations, a claim arising under the con-
| tract as modified was recognized by the
board OF audit rs coming within their juris-
dlction. II was a claim created necessarily
and created after the passage of the act OF
June 20, 1874, and arising out of a con tract of
tne board OF public works, and therefore it
| belonged 10 the fourth class OF claims men-
TONED In section Of the act of June 20, 1874
| Wnlcn class is as follows: "claims existing
or hereafter created for which no evidence OF
| Indebtedness has been issued arising our OF
contracts, written or oral. made oy the board
OF pubic works" Unless audited by the
board OF audit, such a claim would upon a
different construction of the act have re.
| CURED to be separated into two branches;
one branch pertaining TO the strict and origi-
| nal letter of the contract aud coming within
| the jurisdiction of the Board of audit aud
| the other branch coming within the jurisdic-
| ZION or the ordinary and municipal account
| ing officers of the District; and different
| MODES or payment, by bonds In the one in
stance ar cash in the other. would have
peen compelled, in respect of these two
| Ct abstraction of the law would have been
| utterly impracticable in many IL not all
| cIses; ana even where practicable would
| have led to confusion. Besides, the spirit as
| well as the letter of the act OF June 20th
| ia, requires mat claims arising out of con-
| tracts with the board Of public works, should
| De submitted to the examination, not of ne
| SUbOrdinatcs of the Commissioners of the
| District, filling the position OF accounting
| officers OF the District, but of board az
! audit composed OF the controllers of the l..
! >. Treasury. and the highest accounting off
| GERS Of the [. s. Government-presumab
| selected to compose the board Of audit, on
| account OF their personal qualifications as
| well as their official pos tions, and on account
OF Their Independence as respects the eXecu-
tive authority Of the District, and these OIL
! GERS were Invested with authority 10 employ
experts and assistants for such compensation
az they might deem proper.
| In the making of notifications or exteu-
| SOILS OF contracts OF the board of public
works 1t is but reasonable to presume that
the law committed to the executive authori-
| ties reasonable and fair discretion in rela-
ton thereto. And in the management OF the
work OF repair and Improvement OF all
streets, avenues, alleys, sewers, roads and
| bridges the Commissioners were by law
| invested only with authority OF general
supervision and direction" while the engi-
neer had that direct charge aud control of
the work for which, both in determining
| what work should be done and in carrying il
on, the exercise OF professional qualifications
| is required.
And in this connection the undersigned
| say, In answ to each and every interroga-
Tory relating to Improvements and work
mace or done under their admin stration,
| payable In 800 bonds, whether ma ie or done
| pursuant 10 the exact terms and conditions
contained In contracts of the board of pub
| lie works, or under such extensions or moii-
hcatlons AS were recommended by the engi-
| neer, and which they approved, that they
! exercised the powers only which they under
| stood were conferred upon them by the act
Oh June ~, ls,i, and that they never made
| nor modified any contract which was not re-
| garded by them as falling within one OF the
| three classes OF contracts they were author
! lied 10 make, viz. in administration of the
| valid laws enacted for the govsrnnent of
| said District in execUt iOn of existing legal
| Obligations and contracts or necessary to
| the protection or preservation OF improve
| Elebts existing, or commenced and not com
! pieteo, at tie time of the passage OF said act:
| ard they disclaim ever having exerci Sei
! any power or performed any act relating
the execution of contracts specified in
| the second section OF SAID act or otherwise
or relating to any matter or thing since their
! ettrance upon their Offices a. Commissioners
! OF the District, which they did not consider II
was their legal duty to exercise or to do aud
as TO which they say they always consulted
| one or both OF the attorneys of the District
! whenever. upon the question presented for
| thelr decision, doubt occurred TO them as to
how such question should be legally decided
and, in every case OF the SUBMISSION OF such
! questions To the said attorneys or either of
them, they decided as advised by their said
! counsel.
Ard they further say that for all matters
OF detail cor nGcted with the engineer depart
ment. they must ofnecessity rely, for the ac-
| curacy OF their statements, not upon their
| own memory bit upon the records and re-
| PORTS Of the en- gineer.
We Cow proceed TO answer the interroza-
| tories.
The Committee OF the District of Column bia
| IN pursuance OF a resolution adopted by the
| House OF Representatives on the 3lst day OF
| January, 1876, and in execution of the overs
| conferred on said committee by said reso!u-
| ton, prOpOunded the following interroga-
torres TO the Commissioners OF said District
| OF Columbia, viz William Dennison, j. II.
| Ketcham and s. l.. Phelps, to be answered
| under oath, and said answer to be returned
TO said committee. in writing, duly verified
| by affidavit, with all convenient speed, to-
gether with these heterogeneous:
| 81. state the number of contracts of the
board OF public works, which the Commits
sioners found to be incomplete at the date of
the passage OF the act of j une 10Th, 1874. and
| which they have recognized as legal obliga-
tions of the said board Of public works. Give
| IN tabulated form the number of said con-
tract the work required to be done under
said contract, the amount expended thereon
| by the board OF public works, the name of
the contractor. and the amount expended by
| the Commissioners. Also, the total expend-
| liure and which OF said contracts are now
complete, and if incomplete how much is
| estimated to be sufficient 10 complete said
Contracts, entered Int, b. the board of pub
| lie works"
Table No. 5 show the expenditures unde r
| cash contracts made by the Commissioners
| Table No Is * q statement of material GA
| band July 8, 1874, received and issued since
that time. and now remaining on hand.
| TIE "Recapitalation Sheet i q CONSOLE
dated statement or summary of the forego-
| ing tables. We insert IL here IN full, for
| convenience OF reiereEce, and because OF It's
| importance as presenting in one view most
| OF The facts referred 10 in this answer.
| Here, il the original report, the Rrcapitu-
alton Sneet-in the Suppiem ent TO The
| STAIRS inserted
| We extract the following explanatory re-
| marks fIom the engineers report
| 'In this a comparison is made between the
| total expenditures under the Com m ssion-
| ers upon contracts and extensions OF the late
| board of public works and extensions of the
| Commissioners. On the one side. and on the
| other the estimated cost of completing the
| valid board contracts as they stood on June
| 20th, i,I4, adding the additional work neces-
| ssry 70 complete the improvement in &C.
| cortance with the plans OF the board of pub
| lie works. upon the streets aud within the
| limits covered by these contracts the cost
| under Inc commissioners of the work done
| up To this date has fallen short OF this amount
| 49, Ci..5S. The basis OF computation will be
| better understood WI tn the following expla-
| nation: In the wor K done by the Commission
| eTs the original plans Of the board of public
| works have. in soIne Instances, been moiI.
| fled so as to substitute better class OF work
| thereby Increasing the cost, as In the case OF
| the sea-walls of the James creek canal; the
| pavement of the carriage way on Maryland
| avenEe southwest, and The foot walks of the
| same avenue northeast; while the parking
| has been generally dispensed with and the
| grading materially reduced. No account is