Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-11
THE DISTRICT INVESTIGATION.
Interrosatories of the Committee.
Of the ComInissieners
All the Questions Now Re.iied 10.


BUckner, chairman OF the District Commit
mittee OF the House of Representatives, the
following communication, containing an-
swe.s 10 ali the inteTrogatOries OF the COM
miitee except those heretofore replied 10 in
the communications printed in THE STAR
on the 9Th and eth days of the present month:
OFFICE OF THE COMMISSIONERS OF rHEl
DISTINCT OF COLUMBIA,
WASHINGTON, April 10, 1876.
Hon. 4 n. BtIckaer. Chairman Of the OoHll,slf-
t6e on ne District II Columbia.
SIR: AS several of the interrogatories pro-
| pounded To us by the COMMITTEES relate to
| questions OF law, and intimate a coustruc-
ton OF the act OF June 20. 1874. which created
| this Commission aud defined its powers DIFF
! fering in some respects from the one adopted
| ny us on entering upon the duties of our Of.
| fee, II will make the facts stated In this
answer more easy to be understood, and pre-
| OF the theory of the law on which we have
administered our functions, II we refer 10
The particular provisions OF said act.
BY section of the act there was created a
| Board of Audit. consisting of the First and
| Second Controllers of the United States
Treasury, and having functions and author
| lily entirely independent of the Commits
| siOners OF the District. This board o. au-
| oft was charged with the duty OF exam
! ming and auditing for settlement all OF
certain specified classes of unfunded or
| floating debt of the District OF Columbia
| and of the board of public works. Nncluding
| among others claims existing o. hereafter
| ness have been issued, arising out of con-
| tracts, written or oral, made by the board
| OF public works. and of issuing certificates
| stating the amount found to be due TO
each person, and on what account These
certificates were made convertible into
% bonds; the preparation OF such
bonds, ana their issuance upon such
certificates, being, by section OF said
act, committed 10 the commissioners OF the
sinking fund. With me- ther the examination
OF such claims, nor the making OF allowances
claimants iSS OFo =
TO claimants, nor the conversion OF certifi-
Gates into 3 C5 bonds, nor the prepare ton or
Issuance of B 60 bonds did the Commits toner's
OF the District OF Columbia have anything TO
do.
The specific powers conferred by the act OF
June 20, 1874, upon the Commissioners OF the
District are, 10 apply the taxes and other
revenues of the District To the payment OF
its expenses and support OF It's public schools,
IRE department and police, the payment of
certain debts scared by collateral; the Gus
tody of the offices and records of the District
and board OF public works; and the power
and authority heretofore lawfully vested in
the governor, or board OF public works, ex-
cept so far as limited by said enactment
OF June Goth, 1874. and sabject 10 the express
ed restriction that they should make no con-
tract, nor incur any obligation, other than
such contracts and obligations as NAV he
necessary TO the faithful adm niS trattOn OF
Inc valid laws enactC' for the government
Of said District, the execution of existing
legal obligations and contracts, ami the pro-
| lection and preservation of improvements
! existing or commenced and not Completed at
the time of the passage OF the act.
Section of the act OF June %, 1874. makes
difference between the powers OF the Com
missiOEeTs over streets, sewers and bridges
and their Improvement and repair, and the
authority previously possessed by the board
81 public works n respect 10 The same sub
ject matter; and the report OF the Joint COM
mlttee which framed the enactment SHOWS
that this difference was deSi gned by the law
makers. Section s. OF the act Of Congress an
proved February p, ISL, entitled An act 10
provide government fer the District
Of Columbia provided that stha ard
OF public works shall have entire con-
troll of ard make all regulations which
they shall deem necessary fOr Keeping
IN repair the streets, avenues, alleys and
sewers OF the city, and all other works which
may be entrusted TO their charge by the
legislative assembly or Congress" But In
| the report Of The Joint Committee of 1874,
| vol. J. p. IS submitting 10 Congress the till
which, upon Its passage, became the act OF
June 20, 1874, IL is stated that The com ttee
have placed the repdF, improvement aun con-
| tTO{ of The streets under the management OF
| an officer Of the engineer corps OF the army,
because They believe under such an officer.
whatever work is done will be well done, and
by an officer responsible TO the Executive
and 10 Congress" This being the purpose OF
section 3 as stated by It's trainers, the pro-
visions of that section are found TO be that
the President, and not the Commissioners.
shall detail an officer of the engineer corps of
the army, who shall not be deemed, by re<I-
son OF anything in the act, TO hold acivil
office under the laws of the United States:
and WHO shall, subject TO the general super
vision and direction of the Commissioners
have the control and charge of the work of
repairs and Improvement of all streets, ave-
nues. alleys, sewers, roads and bridges OF
the District, and be vested with all the
power and authority OF. and perform the du-
Ties heretofore develved upon, the chief en-
! gineer of the board OF public works, and who
shall take possession OF, and preserve and
keep, all the Instruments maps, charts, sur
veys, books. records and papers appertain-
ing 10 said of1ice OF said engineer of the board
OF public works, and who may with the adj
vice and consent OF the Commissioners, APP
| point two assistant engineers from civil life,
10 be subject TO his direction and control.
Thus the Commissioners OF the District were
| given not the direct, absolute and comprs-
henslve authority, previously possessed by
the board OF public works, over the streets,
etc, and their repair and Improvement, but
only PtiieTGt supervision ard direction over
the engineer and bis proceedings, and over
the work OF repairs and improvement COM
mitted especially and directly 10 his charge
and CoutIoi by the act OF Congress. Even as
respects desS gnatlOn of assistants To the en-
gineer the Comm iss toner's have under the
law the authority only OF confirmation or
rejection Of appointments made by the engi-
Leer. The power of original nomination, as
well a. direction and control of his subordi-
rates. being given 10 the engineer himself
The purpose OF the law as declared by It's
own provisions. aid by the report of the
committee which framed and submitted il to
Congress is that there shall be improvement.
as well IS repair OF streets and sewers, under
OF the army, who shall have the nOmin alton
and control of his subordinates, be subject
only TO the general supervision and al recI on
OF the Commissioners, aud be, in the Ian
guage of ibe trainers of the law, Irresponsible
to the executive and 10 Congress-"
Soon after the Commissioners and the
board of audit assumed their duties, the
Question arose as to the power OF the board
OF audit TO examine and allow claims which
might thereafter arise by the future perform
ance OF contracts made by the board OF puo-
lie works and not theIe tofore fully performed.
This question was one for the decision OF
those officers.
The cogpate question also arose as to
whether IL was the duty or the Commission
ers and of the engineer in their respective
functions TO stop work in progress under
contracts of the late board OF public WORKS
which had lot been fully performed aud 10
prevent the resumption OF such work, or
whether it was their duty 10 proceed with
work under such contracts. Practically this
involved the question as to whether streets
and sewers should be left in their then UNI
finished and dangerous condition over large
areas OF the city liable TO waste and destruc
ton, putting life and property in jeoparty
and involving the District in danger OF vast
liability at the suit OF parties likely TO sus-
tain Injuries. Before the Commissioners
had decided this question as 20 their pog ers
and duties; and before the board of audit al
decided the similar question respecting their
own jurisdiction, the Commissioners In adj
1 l..nF.