Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-07
Continued from, First Page.l

ttoaftAhed FROM ftFst fu1eI
in one voucher and are for work on James
creek canal; amount. SS,S53-SS. The meas
.rsSmeni Of me been entire work done by Wholly
amounts 10 80, .06, upon which the board
efpublic works had paid $50 ,35i05. II was
transmitted TO the board OF audit oy 1t
Enforcement: This work is condemned and
settlement recommended In accordance with
accompanying letter" In this letter, which
ii quite lengthy. two plans Of settlement are
proposed; "Ist. II the contractors can estaD-
ksh satisfactorily that the main piles have
been driven strictly in accordance with The
specifications OF their contract the foil meas
Ereuept should be allowed less the following
amonniing to 3, $40 16) I'D. III the contrac-
tors fail TO establish that the main piles were
driven In strict accordance with the specif-
Gallons OF their contract the work should be
condemned without reservation. as this de-
feet is fatsl one. In this case an allow
sDee should be made for such ma
ieTial as could be reused under the
under this condition would be as follows, for
value of material only" Here follows the
items. amounting TO 50 ISieS.) On a loose
clip of % per appears the following, written
in blue pencil; 10 date given: "Mr. Appel
Won win please make up this account this
nOTDirg You will see ny examination OF
reports that Mr. Oertly has ignored all the
charges except the Sg3if2 Eater the meas
urenlent ana dCcuci 81 Ove amount and state
the account in this basis fS!Ened.l Wat
son. s'Examine the case Thoroughly" w.
The item OF s99L42 reported above is stated
IS follows ~ Lieut.. HOxie'S letter, already
referee To- "FOr defective masonry Ne rs.
Wholly & RTaiuaTd laid l,9S> - Perches Of
masonry The contract required not less
Than of large brOai stones. This cOndi-
lion was rot complied with. Difference per
perch, 50 cents-~e1i -" This sum c0nStt-
tutss part of the - 80 IL recommended by
Lieut. HOxie a proper deduction, under his
plsu Of settlement No. ]. On February II,
1S15. the scCOunf WaS stated as follows.
For James creek canal rneasureln'f 81, 1896
ItGGct certificates -Nj3 81 %
GeCuct pay-TOll..---...---- Isl II
DedUct detective work. e9L42 - ,S51s
Less claims withheld. 1853 50
s6.l9IGs
For This amount certificates Nos. 1iOf7 and
Il as. issued 10 Wholly & Brainsrd. by ID +.
Hamliuk, attorney, February 70, ls'j. Tue
sum 81 - Go 20 withheld in this settlement
for ''claims," appears 10 be the amount OF
two orders given by Wholly & BraiuSrd TO
The following parties; j. G.. 4 j. NJ. Waters,
October %, 1s75, for -, 50, a. NJ. May
naTd, January 10, 1873, FOR SIP. By letter 10
The Board OF Audit dated February 5. $50,
w. II. BTainard, a. surviving paTter OF the
late firm Of Wholly 4 Brainard, withdraws
the orders given TO the MeSsrs. Waters and
Dir. Maynard, as subsequent Investigations
had convinced him that they were given
under misappreheDSiOn. On February -,
1875, Maynard addressed communication
10 the Commissioners relative to his claim,
which was referred TO the Board of Audit on
The 18TH Of The same month, and on May Il,
ISl5, H. Z. Gilbert wrote letter to the Board
of Audit, in which ne said: July %, 1S.4, /
enclosed each certificate as had. and called
attention 10 an order from Wholly 4 Brain
ard 20 A. NJ Maynard for work done with pile
driver In James creek canal, and assigned to
me and deposited with the auditor IN Nnu-
sTy. l>1i, for Si13.' "It was cash
paid ont for labor, and / think IL is about
lime had some return " The entry OF the
oTCe . in tire book Of Charges against Con-
tractors" states, "tTans erred 10 ''H L. Gil
- - In n n~ ~ fHu NrHsa
pears the following endorsement in pencil:
''MT. HammOud-EXamineW Wholly * Brain
ards account settled, and see il Nsyuard's
order was endorsed 10 Gilbert, or Il there is
any evidence Of any claim of Gilbert on the
hooks; W. =, =, 90 And the following en-
6CrS eneBt. also in pencil. ''Orter withdra yn
by Brain ard. as given under mlsapprehen-
siOD." Under cate OF April 5, 1>.J, Maynard
gave IN II. i. HsmliDk & Co. n receipt fOi
So. ''in payment IN fun Of all claims
against Wholly a BrainSTd,' and on April
Is, 1o'J, the board Of sudtt issued - Wholly
q BIainaId, by ID. r. Hamlink, attorney,
certificate II 81, for S472.
In the case Of the order TO ]. @. and J. NJ.
waters Ter SIS 20, q letter was addressed
10 the board Of audit by the MeSsrs. Waters
on February -, 80, in which they say
9 We lave since been informed that there is
an Unsettled account between the board and
Wholly 4 BTalE2Td. and that there ere Ger -
IAN parties representing tie interest o.
Wholly & RrainaTd wEO are disposed tot take
Hntue advantage Of our Acknowledged claim
and have the same withdrawn. We respect
fully appeal 10 your consideration OF tine
matter, and trust You Will AFFORD us the ne
ctSSaTy protection Oh which we have been
tet 10 place perfect security" Tue amount
OF this Order, 10 Will be remembered, appears
10 u, nave Ia been provided lor IN Tue settlement
OF Il bTuaTy ~, l~.5. Under date or ! lril a.,
1915, the MeSsTS. Waters, for value receives,
transferred their claim 10 ID. F. HdJnlinE *
Co, ard on the same day The board 81 audit
issued 20 Wholly & Bra;uard, By n. 7. II am
liz +, attorney. certificate No H., far the
fUl! amount Of s.,l>' 20. The or gina! order
10 Waters does not appeaTamonS the papers.
NJ FOUNDATION FOX The CLAIM WHAT
Vouchers II5S7-ss paidJune Is, 1875. $500,
14t4s ., Wholly 4 BTainard, per ID. r. Ham
Ink, attorney. In this voucher, which com
prises several pay meuts made at different
times, amounting in the aggregate to
S6tgs.9j- The entire account OF Wholly q
BIainard Is reOpeIed and new settlement
made, passed upon a measurement dated
June u, lSIj. made by Charles A. Appel and
Daniel Donovan, clerks in the board OF audit
assisted by VIM. ID. Wise, and am -untin2 70
$40 243.I2. The measurement Is certified to
by Mr.. Appel and Mr.. Donovan. and what
IurpOrts TO be the sworn declaration of Mr..
Wise, although his signature is wanting.
The account in this instance is stated rs fol-
lows:
For measuIem't James creek canal, si224}.52
Material on haLd......-............ 1890
s45,21G-22
Decuct certificates ....... sI2.a07.g3
Payroll ............ I545l
-Si3.542 ~
- ass
Add 10 per cent. as per CONTRACT. 422i.35
Amount due....................... s6.657 %
OF which $3.50 - was paid June 10Th. ls75.
and the receipt for the balance of the sum is
without date. IL will DC seen that in the set
tlement the single item OF S,14 a., which was
held for defective work In account, "a stated
February Il, 1SI5, is dropped, and no longer
appears as q charge. thus totally ignoring
the recommendation OF Lieutenant HOxie in
his letter OF January -, 49,, 10 retain
$3.50 L. for imperfect or defective work.
Credi, II given for bill for extra work
amounting 10 S2,i4.. 20, relative 10 which
end letter addressed 10 the board of audit
February II, l>lj, some days prior To the date
of the nTst settlement male, In which Mr..
OeTtly says There is no foundation Tor the
claim whatever II il, nevertheless. al
lowed II this subsequent settlement. a.
already mentioned. An allowance j. also
made for material on hand 3d. based
upon a copy OF 4 report made by J. Z. + His
dated August 81, lsIi, IL which he gives au
approx mate estimate OF the material. &c
on the line Of the James creek canal al that
time. From this j. made the ABOVE allow
ance, OF which the following are the items
~ hi go ~