National Republican., 1876-05-24

pared and reported the act of Congress.
These are all intelligent gentlemen. were
prominent members Of the joint commit
tee, and certainly are well advised of the
intention of the committee and of Con-
gress in the passage of the act They say:
"On reading your answer to interroga-
"tories of the committee, l (we) do not
"see that your Commissioner construc-
"tion of the law is different from that
"hereinbefore stated" That is SET forth
in the following document
LETTER FROM HON. LYMAN K. BASS.
| HOUSE OF RErREsKSrArIvEs,l
| WASHINGTON, d. O., May Is, 1915.
GENTLEMEN: In response to YOUR inquiry
| of me as TO my construction of certain proVi-
sions of the law of the last Congress approved
June 20, 1874, providing for the government
of the District Of Columbia, and as to the in
tent of the JOINT committee which framed that
! law, in adopting and recommending such pro-
| visions to the favorable action of Congress,
beg leave to say that think thu answer is
clearly and unequivocally found in the law
itself. l find no ambiguity in its express
sions. The object of the committee and the
existing government of this District, as is pro-
vided in section one of the act, and to estab-
lish in its place a temporary government to
exercise its functions until a new permanent
form of government could be matured
and adopted. By section two of the act GER
tain substantial powers heretofore vested in
the Governor and Board of Public Works were
devolved on a commission to consist Of three
persons under certain Limitations.
1t was provided that they should make no
contract nor incur any obligation other than
such contracts and obligations as might be
necessary to the faithful administration of the
valid laws enacted for the administration of
the government of said District, to the execu-
ton of existing legal obligations and con-
tracts, and to the protection or preservation of
improvements existing or commenced and not
completed at the time Of the passage Of the
act.
Thus power TO make contracts and incur
obligations for those three specified purposes
was conferred upon the new Commissioners,
to wit:
First. For the purpose of administering the
laws for the government of the District.
Second. For the purpose of carrying out the
lawful outstanding contracts OF the District.
Third. For the purpose Of pro>ectiag and
preserving existing improvements, or such as
we're commenced and were incomplete.
Congress, in the performance of fits duty
in the premises, could not well have done less.
Not to have given the Commission power to
incur obligations in the administration of the
laws would have been equivalent to abolishing
all government. Not to have conferred power
and authority to carry out the lawful out
standing contracts of the District would have
been an attempt to repudiate and abolish such
contracts, in direct violstion Of the rights Of
citizens. The former government doubtless
had the power to make valid contracts, bind
ing the District, and as to such contracts, It
was not sought to repudiate or annul them by
legislative action. All questions as to what
were or were not lawful contracts were re-
mitted to the Commission, as were such other
questions as pert1ined to the methods of
execution. The Commission for these purposes
and others was the executive authority of the
District of Columbia, and was vested with
lawful executive discretion in the exercise of
its duties, such as is possessed by all executive
officers. And if Congress had not given tho
Commission power to incur obligations neces-
sary to take care of existing property of the
District, 1t would have been shoit-sighted
indeed.
On reading your answers to interrogatories
of the committee, do not see that your con-
struction of the law is different from that
heretofore stated. The means for the pay
ment of the obligations which might be in
Cured in performing existing contracts were
provided for In sections and of the law, BY
which it is seen that the board of audit were
required to audit and settle "fourthly, claims
existing or hereafter created for which no evil
dence of indebtedness has been issued arising
out of contracts written or oral made by the
Board of Public Works, }" and for the amount of
such claim so audited the sinking fund COM
missioners were authorized to deliver the 3.65
bonds at par in a like sum. No other pro-
vision is made by the law for meeting such
Indebtedness, and none other was contem-
plated by the joint committee, for reasons
which are fully set forth in their report.
/ believe the foregoing is response to all
your inquiries on this subject.
have the honor to be yours, very respect
fully, LYMAN X. Bass.
The Hon. ". DeaRisoR, J. II. EeteaaH, s.
L. Phelps, Commissioners, dc.
have read the foregoing and concur in the
views therein expressed.
J. NJ. WILSON,
JAY A. HUBBELL.