Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-04-11

Dcaru oil audit, and 10 the payment
provided by the literal terms OF the contract,
and as expected by the contractors but in
certificates OF the board OF audit, Ito be is
sued by that board after due audit OF the
accounts convertible into IS bonds.
This decision OF the board OF audit peceSSa-
rily recognized rot only the power OF the
Commissioners. but as well their duty 10
execute the several classes OF contracts speci-
fed In the second section OF the act OF June
20, 1874. How they should he executed,
whether In literal compliance with their eN
pres sed terms and conditions, or with mOti-
hcationS, (called ''extensions.'D depended,
within the Limitations OF the law, upon the
cor sideraiion how the public interest would
oe Ihe PETER promoted, which was Of neces-
SKY, IN large measure, II not wholly, an en-
cheering problem 10 be solved by the engi-
neer OF the District, on whom the technical
duty devolved, by lsw, OF executing the work
under the contracts of the board Of public
works. In practice this was done. The en-
giDeer determined the manner OF doing the
work and where TO be done, which determl-
ration he communicated 10 the Commits
sioners in the form of a recommendation.
which they approved. Thereafter the engi-
neer supervised and directed the execution
OF the work.
The decisions with reference 10 their re-
spective functions thus made by the h lard
OF audit and the Commissioners are believed
10 he not only warranted but demanded by
the provisions OF the act OF June -, Is14
Section shows that work or repair aud
improvement upon the streets. avenues
diics = anu sewers Oh tue lllStflrt was
templated, for that section gives 10 an engl-
neer officer OF the army tie control and
charge or such work; and the report OF the
Joint committee of ISaI, which prepared the
law, stated as the reason for the prov lSion OF
the act OF June 70, 1S7i, placing repair aud
Improvement upder the management OF an
engiEeer officer Of the army, that, in the
opif ion OF the committee, Uuder such an
ofhcer "w hateyeT work is done will be well
done" Again. the report OF the Joint COM
mittee, which was submitted az the same
became The act OF June 20, lS74, contains an
estimate OF the "obligations for which the
board OF public works and the District are
really liable" It includes the following
item: "Contracts not yet completed" Rep.
Com, page 81 And on page - tie
committee make the following provision
for The funcing OF al the obligations OF the
District and the board of public works,
(which OF course include the item OF .scon-
tracts not yet completed, ~ viz: Tine COM
mlttee, believing that IL rs due % the people
OF the District thdi 0I nc debts created by the
board OF public works aud by the District
government should be adjusted, and mas
much as IL will be impossible 20 impose suf-
hcient taxation upon the property OF the Dis
trlct 10 provide for their immediate pay
ment, they have recommended that these ds5',
be funded into bOhd payable al a remote
period and bearing low rate of interest"
Inspecting the impOss billy or eS tImating
with certainty the item OF contracts not
completed" the committee use on page Is
The following language "The amount OF
AtlS OtDI v AS not aeCSTIdlDel Win entire
accuracy by the committee, owing 10 the
TACT That work was ia progress upon some Of
The contracts, and was unmeasured or un-
adjusted" Further, on page Il, the COM
mlltee use the blowing language, shOwing
their sense OF the paramount necessity OF
finishing one class OF the uncompleted con
tracts, viz: MANY Of these improvements
were essential, notably system OF sewerage,
which was, and Is essential 10 the health of
the city and the tile comfort Of its inhabi-
tsnts. ms VIII cost, tItea o0nllje,ed. not less
man - geo goo, including main, lateral and
connecting sewers. There is no burden,
therefore, III uniformly aud equally Imposed,
which should be born so cheerfully as that
which may he Necessary FOR the purpose OF
payiI z FOR these sewers
The committee submitted a supplemental
report. containing the following expression .
The changes made IN regard % the DiStric;
government do not discharge or impair its
contracts or liabilities But otherwise than
through the issuance Of board OF audit cer-i-
ncstes convertible into 3 o bonds. the act OF
June 20, 1874, framed and reported by the
Joint Committee, lid rot furnish the means
for cefraying the cost OF prOcee ling with the
contracts OF the board OF public works. aud
with the completion of work which in part
was In the first instance necessity, and In
part lad as TO future prosecution become a
necessity by reason OF what already had
been doLe And the act did affirmstively au-
thorize the issuance of such certificates in
allowance Of claims through sub seQuent per
Torrance OF such contracts.
Section authorizes the first controller
and second controller OF the L. =. Treasury,
composing the board OF audit, to examine
and audit for settlement, among others, the
following, enumerated as the fourth class OF
claims, viz: "Claims existing or hereafter
created, for which no evidence OF indebted
ness has been issued arising out OF contracts,
written or oral, made by the board OF public
works" This is the only class of claims Tor
which the board Of audit was given jurisdic-
ton over liabilities 10 arise or to be- created
after the passage of the act. Such claim :
could only be "creale1" after the passage of
the act by the completion OF untnis he'd con-
tracts. This is confirmed by the extracts
above given from the two reports of The
joint committee OF investigation OF 1874. II
is confirmed also by the fact that the board
OF public works, under the act of February
p, 1871, had no authority 10 make oral
contracts, yet by the above clause OF
the act OF June 20, 1874, provision was
made for the settlement of claims arising
out of oral contracts made by that board
showing that the committee in that instance
meant to provide at an equit able rate for an
equitable obligation OF the board of public
works, though IL had originally been incur
red in excess OF the power of the bosrI.
Thus the conclusion was res ched that con
tracts made by The board OF public works
though there might have been no anteceient
appropris ton for them, were by the act OF
June %, lea, provided for as respects their
completion, and were not by that law repu-
dated ard east aside; that work incl ded in
such contracts and reported by The commit
teeof l>14 10 be essential TO the hesltn OF the
comma unity. did Lot have 10 be SusDendei:
mat Inc commissioners and the board OF
audit were both required M tneir re-
Spective provinces 10 recognize TIE val
idity OF such contracts, through which alone
necessary results could be accomplished.
That conclusion was. as has been STATED.
reached after careful deliberatiOn. and after
seeking ard obisiuing the valued aid OF an
Interpretation % the law oy an emf uenL law
yer who had also been a distinguished mem
Der OF the joint committee which framed
tie enactment. This Interpretation has
since been confirmed by other prominent
members OF the same committee. And
promptly, fully and repe9 tedly the COmmts-
sionerS ard the board OF audit announced
their respective decisions 20 the community
and 10 Congress. Touching these announce
ments, which began soon after the board OF
audit and the Commissioners entered upon
their duties, quotation is here made from
the recent answer OF the board of audit in
which we md literal citation from the Ian
euage Of reports TO Congress aud OF other
communications.
early in August, 1874, a committee OF the
"tax payers association" of the District
called upon the commissioners and present.
ed 10 that body "their earnest protest gainst
The continuance of any OF the contracts for
Improvements mCde with the bosrd of pub
lie works" and with IL substantially the
same arguments which are now MADE on
that side. The Commissioners answered the
committee, and the substance OF what was
said was published in THE EVENING STAR
Of August, 10, 1874.
by the Commissioners, under date of August
IN 1890. saaa 0Wnd - Ill