Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-05-23
DISTRICT INVESTIGATION.
A Report Submitted to the Committee.
Serere 4rrdignment of District
Officials and Their IHdicf-
ment Reconlme
ANOTHER REPORT.
The District Commissioners Should
not be Held Responsible for
the Wrong DOings of the
Board Of Audit.

The report of the Com mittee on the Dis
trict of Columbia, charged with an investi-
CATION into the affairs OF the District, has
been prepared, so far as a portiop of the
committee is concerned, by Chairman Buck
ner. 1t was read 10 the full committee on
saturday last, and ordered to be printed. 1t
first quotes the preamble and resolution
adopted by the House on the 31st of January
ceeds as follows:
By the terms of the preamble and resolu-
ton it will be seen that the scope of the in
quiry Intrusted to the committee included
the action of the District Commissioners
since their appointment, in authorizing
work TO be done on the streets and sewers of
the District, alleged TO be unwarrantet by
law, and thereby adding 10 the debt of the
District several millions of dollars, as well
as the conduct of the board OF audit and Its
subordinates In auditing and certifying to
this alleged unauthorized debt. The two
lines of investigation are, in many respects,
distinct and separate; but both involve the
construction, TO some extent, OF the act of
June 20, 1874, by which the Commissioners
we're invested with the executive authority
of the District, and the board of audit was
authorized TO examine and certify the then
floating and unfunded debt of the District.
II Deed hardly be stated that this act of
Congress " as the result of the conclusions Of
pointed in the Forty-third Congress to ia
vestigate the affairs OF the District, and es-
pecially of the board of public works. II
abolished the then existing government,
composed of governor and legislative assem-
bly,, and the board OF public works, which
was to some extent corporation, independ.
ent OF the District government The second
section OF this act authorizes this commits
SION
ITO exercise all the power and authority
now lawfully vested in the governor or board
of public works OF said District, except as
hereinafter limited, and sh all be subject TO
all the restrictions and limitations now m
posed by law on said governor or board, 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 department,
and the police, and to the pay ment of the
debts of said District, secured by pledge
of the securities of said District or board of
public works as collateral. and also to the
payment OF debts 10 laborers and employees
of The District and of the board OF public
works; but said commission, in the exercise
OF such power and authority, shall make no
contract nor incur any oblig alton, other than
| such contracts and obligations as may be
necessary to the faithful administration of
the valid laws enacted for the govern .nent
of said District, to the execution of existing
legal obligations and contracts, and ID the
| protection or preservation of Improvements
existing, or commenced and not completed,
at the time of the passage Of this act"
! BY the third section OF the act "the con-
troll and charge of the work OF repair and
Improvement Of all streets, avenues,
| ID strict OF Columbia" was given to an
| UffiCer OF the engineer corps of the army, to
De appointed by the President, "suhjec. to
said board OF commissioners" Tue power
| and authority thus given, and thus limited,
con, titute all the power and authority vested
by law in the Commissioners, touching the
| subjects with which your committee has
| been charged.
| 1t is not the purpose of the committee to
enter into any critical analysis or the extent
or limitations of the authority thus vested
| In the District Commissioners. 1t will be
| sufficient, in view of the facts submitted III
the testimony accompanying this report, to
| ascertain clearly what they had not the
power TO do, rather than attempt to define
| the exact boundaries OF their power as pre-
| seribed by the second section of the act.
And we think we can say, with almost abso-
| lutte certainty, that under the Limitations
| imposed upon the Commissioners, they had
| no power or authority to make any new con-
| tract whereby they could bind the District to
/ pay therefor in 65 bonds, or in any other
| form OF security. They are expressly pro-
curing any obligation" except such as may
4 be necessary to the "eXecuti0n OF legal
| obligations and contracts existing at the
ad 6a ,he act ana 20 Inc preservation ,
ished or commenced and not completed"
| The contracts end obligations must not
On the board OF public works, but they must
| have originated and been in force on the
10Th of June, 1874. But how were they TO be
obligations OF the District. bearing inter
est? By the issue OF its bonds, or by q
contract to issue its bonds? Unquestion-
provisions Of this section, and they had lad
no other. II any of these contracts or obli-
cations OF the District, or of the board
nGs and of the Dspst 0 gpses
| their control, or IL the improvements, either
completed or uncompleted, required protec-
1t was their duty to apply the funds
! of the District TO these purposes. But
| II is is clearly beyond the warrant of
their authority to incur a new obligation
| on the part of the District, TO be satisfied by
| the issue Of its bonds, for contracts not II,
existence Oh the Goth June, 1874, and entered
sage of this act. And 1t is this which the
| Commissioners have done, and thereby in
| creased the debt of the District much beyond
| the amount estimated by the joint commit
| 1t is matter OF no importance by what
name this exercise of power by the Com
extension, )" enlargement" or modification
OF a contract existing at the passage of the
act. There can be no dispute about the
IL ~ eaea AN In sne and %, tae engineer
| in these reports, as well as in the answers OF
the commissioners, what Is called an extern
| poses, new contract and q contract for new
WORK. To illustrate, we refer to page 4O8,
printed report Commissioners, 1875, and it
70 Vi WASH To SS
nth street east, between Pennsylvania ave-
nue. and H street north. Between December
., iot7i ono OctOOST 20, 1910, SIX extensions
OF this contract were made by the
Commissioners, the first OF which is
to finish the grading on 18th street
east; second Is to reset curbs and relay
brick foot walks on this street; third is to do
large amount OF resetting curbs, laying
cobble stone pavements, constructing sew.
ers, &c, on 18th street east and between
Pennsylvania avenue and Massachusetts
avenue; fourth is to lay macadam pave
mept ON same street between Pennsylvania
and Massachusetts, avenues; fifth Is to grade
set curbs, lay brick foot walks on 4th street.
between NJ and northwest, and N between
5th and New Jersey avenue; and the sixth is
TO lay brick foot walks and set curbs on 18th
street, between 0 street north and Massa-
chusetts avenue. No one OF these six sex
tensions" has any reference to the original
contract except the first; all the others are 10
fact new contracts, requiring adiherent kind
OF work, and several of them In entirsly diff
ferent localities from that or the nrst-grad-
iLg On 18th street east-and as much as a
mile distant therefrona. And this is but one
OF many OF such extensions IN be fouud In
the Commissioners report OF 1875, from pages
396 10 418, both inclusive. Also, In the an
swers of the Commissioners, pages 166 to 224.
According to the answer or the Commits
sfoners Up. 142. 81 they have expended the