National Republican. (Washington City (D.C.)) 1872-1888, 1876-03-15

1
erected and to which T. was adapted was sab.
In our report Of DscsmSer T. 1875 we .aid IN re.
snThe autnorfty conferred upon the board Of
audit In respect 20 claims Of their character was
| confined to those which had been presented To
the }, I'd of Public Words but was not controlled
/ by the action Of the board.
TO ascertain and adjust the claims, the Boi,d
| OF Public WORKS appoited commissions, consist
ing offour persons and from the best MORN alton
that could be obtained the board Of audit became
sonslIy we'll qualified to perform their duties, but
that they haa discharged them conscientiously
and, In the main, justly and equally. The board
most cases justice would be done BY affirming the
awards Of the commission In q few Instances al
warSsd s% osss n. soH %sr5 hsa I'm
| creased, and in some diminished. In all cases
here the board changed the award, az also 10 q
affirmed, the members Of the board of audit per.
sonally Inspected the premises, and otherwise
sought iniSrnasi1o Applying the principle; laid
terest, It was allowed on the awards Of the COM
mission. but not In cases where the awards Of the
zion. Allowances were made only for damages
that reduced the value Of the property, and not
for incidental injuries sustained BY the owners in
the loss OF rents or Of occupancy"
By the joint resolution OF December q, 1874 the
time for presenting claims Of this class was ex
presented them to the Board Of Public Works.
In their report Of February Is, 1875, the board
OF audit tatd:
"To aid them in ascertainIns tho damages sus-
| tanned by owners Of real estate, presented and
claimed since our last report, the board Of audit
structed them to examine every pieee Of property
alleged 70 have been damaged, and TO report
their action and Judgment TO the board. They
have not yet had SUFFICIENT time to complete their
work. In many cases the members Of the board
have personally inspected the property claimed
Judgment, in CONNECTION with thaS Of tbs former
and present commissioner, TO assess damages,
aDo in every case acted upon they nave each per.
The Commissioners appointed BY the board IL Of
audit were duly sworn TO faithful discharge Of
their duties.
In our report Of December 6. 1875 we say:
Our last report stated the number OF claims
st 2,l30, but It was afterwards found that 20
class" The whole number was, therefore, :, 20s,
OF which about zoo were presented under the
joint resolution of December q. 1874.
In various instances when claims of this class
had been acted upon, and the claimants advised
Of the result, they asked g reconsideration and
re examination OF their claims. Where On such re-
examination an additional allowance was made &c
was upon personal examination Of the pro-
perty.
In liking the allowances for damages we found
that in most cases it depended upon opinion, and
was Incapable OF Denomination or OF proof ex-
cept Of opinion. To have taken testimony OF
witnesses would have been 10 open an endless
line OF inquiry, and would have demanded time
beyond what We could give TO it. To send the
cases TO commissioner to take testimony was
Objectionable, as in each case inviting contro-
versy and involving both claimants and the Dis
irict 10 great and unnecessary expense, without
probability Of arriving at more just or salts.
tory result. The commission appointed by the
board OF audit was composed of L. A. Follansbes
and John Collins.
The reasons for disallowaDees were, in general
terms, that the property was not damaged over
and above benefits; tina: the damages were not
eccasioned by the improvements made By the
Beard Of Public Works, or were not OF the char
acter submitted to the consideration Of the board
of audit by the act Of June 20, 1874.
Seventh, In answer to seventh question
We state that "the notice for the presentation Of
claims as required by the sixth section OF the &C:
Of June %, 1874, was Published for two wseks
IN one weekly and three daily papers Of the city
Of Washington" as is set forth In the report OF
was also given for the presentation OF claims
under the joint resolution Of December q, 1874,
for the period Of thirty days after that date.
The sixth section Of the act OF lue 20, 1874,
provided that the board Of audit should give no.
tee for the presentation OF claims. Sin such mao
ner as may be deemed necessary" The act did
not prescribe the form or manter of giving no.
tice, nor did II prescribe the form or manner of
presenting claims. Rnta ere left to the discre-
tiop 81 ne hS-fd or audit. Notice was given by
Soon after the organization Of the board OF
AUDIT twas found that many claims were pending
and unsettled, at the time Of the shrogation OF
the District goytr1ment Of the fourth, fifth and
sixth classes, the evidences Of which were most
cffees, and in the records and dies Which had
come TO the custody of the board of audit. This
was the case with claims in the Office Of the late
board OF audit succeeded. claimants cana for
necessary Information, in person and BY agents
claim Information to which thew Tere fsirIS en-
titled, but to give which, It seemed to us, would
not only interrupt the business Of auditing to a
clerks, as we'll as suDsct the office to other fncon-
Yeliences, among them the obtaining Of informa-
tion by persons not entitled to It.
The lumber Of claims In the classes named was
SO large that II appeared probable that a large
number Of them must remain unpresented, If
and that ngid adherence to forms and rules NOT
prescribed In the law would, in many cases,
amount to denial of justice. For these reasons
1t was adopted as rule that claims pending aud
unsettled at the passage Of the act Of June 20,
1874, should be deemed and held to be pending
before the board Of audit, the same as If the form
OF newly presenting what was already among the
fles and records which had come to tina custody
Of the board Of audit were insisted upon and COM
fiThis rule also embraced claims in favor of the
District, as we'll a. ainst IL, and seemed 20 US
clearly within the discretion conferred upon the
board OF audit as TO the form and manner Of
giving notice and OF presenting claims. 1t was
manifestly just, and could work no wrong.
TWAS aIso not lnfrequently the case that par
ties presented their claims 70 the Commissioner,
or to some OF the Offices under the Commissioners,
to which they formally sppertsined in ignorance
board Of audit Claims thus presented within
the prescribed time were accepted as In time be-
lore the board Of audit, although not actually
within the time prescribed. Our answers to
questions Nos. s. and 10 are here referred TO as
than this, the board of audit did no: intend to
allow or certify claims net form silly presented
within the time limited In the classes named.
No claim in Glass :, which was not presented
within thirty days after the 2lst day of December
!sIt, was within our knowledge, belief or inten-
We are not aware that "any claims of the first
and second classes, or claims for refunding sewer
taxes that were not presented until since July /,
lS75,'' have been allowed. All claims of these
which
II subsequently presented, as We believed; and
cur Instructions were that they should be.
The eight, ninth and tenth questions are so In
timately connected in their subjects that we
answer them together.
all provisions OF law providing for an Executive,
for secretary for the District, for Legislative
Assembly, for Board OF Public Works and for
a De!egate to Congress in the District of Colum-
By section two the President, by and with the
aoyiee and consent Of the Senate, was author
persons, who shall, until otherwise provided by
law, exercise all the power and authority now
Public Works of said District, except as herein.
after limited, and shall have power to
apply the taxes or other revenues of said District
TO the payment of the current expenses thereof
to the support Of the public schools, the FIRE de-
partment and the police, and to the payment Of
the securities of said District or Board Of Public
Works as collateral, and also to the payment of
debts due to lsborers and employees of the Dis
purpose shall take possession and supervision Of
all the offices, books papers records, moneys,
credits, securities, assets and accounts belonging
or appertainiDg to the business or interests or
the government of the District of Columbia and
the Board Of Public Works, and exercise the
power and authority Aforesaid. but said CON-
mission, In the exercise Of such power and author
tty, shall make no contract nor incur any obliga-
ton other than such contracts and obligations as
may be necessary to the fsithful administration
Of the valid laws enacted for the government of
said District, to the execution of existing legal
obligations and contracts, and to the protection
or preservation Of improvements existing or CON-
meDced and not completed at the time Of the
passage of this act"
Section four provided "that for the support eff
the government Of the District of Columbia and
maintaining the credit thereof for the scal ear
ending" June 30, 1875, there should be levied
certain specified taxes, to be assessed and COL
lected as provided by law, land of the sums so
collected one fourth thereof shall be applied first
70 reimburse the United States for It's advances
on account of interest which shall have been paid
by the United States on the funded debt Of the
District OF Columbia and Washington and
Georgetown, due and payable July |, 1874; and
the remainder shall be used TO pay deficiencies
In the various funds for the fiscal year ending
June 80, 1874 and all the remainder Of said taxes
not required for the said purposes shall be dis
tributed for the purposes and in the proportions
provided by the act Of the Legislative Assembly
of the District OF Columbia, " approved June o.
1873, "entitled act imposing taxes for the fiscal
nv IT- - g.