National Republican., 1876-04-12
A HISTORY OF THE OLD ANT. NEW CONTRACTS
The Functions Of the Board Of Audit
Improved Condition Of District Finances

The District Committee Of the House Of Repre-
sentatives yesterday examined witness named
W. b. Mason. General Birney, district attorney,
then submitted to the committee the answers Of
the District Commissioners to the interrogstories
that had been propounded by the committee, ex-
cepting that heretofore submitted.
In the introduction, prefacing the replies, refer
ence is made to the provisions Of the act Of June
20, 1874, creating the Commission. In accordance
with the provisions of the act board Of audit was
created, having functions and authorities entirely
independent OF the Commissioners OF the District,
being charged with the duty Of auditing for set
tlementall Of certain specified classes OF unfund-
ing or floating debt of the District, and Of the
Beard of Public Works, Qncluding claims for
which no evidence OF indebtedness have been is
sued, arising out of written oral contracts made
by the Board of Public Works. and issuing GER
tifcates. The certificates were made convertible
into 3.65 bonds the preparation Of which were in
trusted according to the.provisons of the act, to
the commissioners Of the sinking fund. The Com
missioners have had nothing to do with either the
auditing Of claims the allowances, the issuance Of
certificates, their conversion into bonds, or the
preparation,and issuance of 3.65 bonds. The spe-
cifc powers conferred upon the Commissioners by
the act Of June "a, 1874, are named, and the dlf-
ference between the powers OF the Commissioners
and those possessed by the Board of Public Works
in the matter Of control streets, bridges and
sewers, and their Improvement and repair. The
Board of Public Works, by the act Of February q,
1871, was given
ENTIRE CONTROL
cE, and were empowered to make all regulations
necessary for keeping IN repair the streets, ave-
naes, alleys ard sewers Of the city, and such other
works intrusted to them by legislation of the As
sembly Congress; but by the report Of the joint
committee submitting the bill which became the
act of June "a, 1874, the repair, improvement and
control of the streets is placed under the manage
ment of an officer Of the Engineer corps Of the
army, believing that the work would be we'll done
If done by an officer responsible to the Executive
and to Congress. This officer, detailed by the
President, was subject only to the general super
vision and direction of the Commissioners. Thus
the Commissioners, instead ofthe comprehensive
authority of the Board of Public Works. had only
the general supervision over the engineers pro-
ceedings and the work of repairs and improve
ment, and in the matter Of the engineers assist
ants only the power Of confirmation.
The document refers to the question that had
arisen as TO tie power Of the board of audit to
allow claims that might arise by the future per-
lie works, and the cognate question of the power
Of the Commissioners and of the engineer to gO,On
with the work in progress under contracts by the
Board of Public Works which had not been fully
performed. After consultation, with legal advice,
the board of audit came to the conclusion that
they possessed authority to examine and allow for
other provisions Of law, the Commissioners con-
cluded that they possessed the power to permit
THE CONTINUED PERFORMANCE
of such contracts. The duty of determining the
manner Of doing the work devolyed upon the en-
gineer, and his determination was submitted to
and approved by the Commissioners.
Section three, Of the act Of 1874, placing the con-
trSl Of Fpasb and Inn % under an eng
contemplated; and in the report of the committee
accompanying the bill, among the obligations
the Board Of Public Works and the Dis
trict are included contracts not yet completed and
provision is made for funding all the obligations
of the District and OF the Board of Public Works,
and language is used concerning the impossibilty
of estimating the amount of these obligations as
some Of the work was in progress, and speaking Of
the essential character Of the work, and Its
probable cost when completed. The committees
supplemental report also contained the express
sion 1.-THE changes made in regard to the District
az not s or M
furnish the means Of proceeding with~t con-
tracts made by the board, other than by the issu-
sion was reached that contracts made by the
Board of Public Works, Tough there might have
been no antecedent appropriation for them, were,
by the act Of June - 1874 provided for as respects
their eOmpleti"n and were not by that law
REGULATED OR CAST ASIDE;
that the work under them did not have to be sus-
pended, and that the Commissioners and the
board Of audit were required to recognize the
validity of such contracts. Quotations are made
frcm the reply Of the Commissioners to the CON-
mittee of the Taxpayers Association" to the
act of June "a, 1874, and that the Commissioners
held that II was for them to decide whether con-
tracts of the Board Of Public Works should be
completed, and that without the relief Of the 3.65
bonds all improvements in the District would
virtually be suspended. Quotations are also
c% he o. be bee Of D
under contracts payable in 365 bonds, from the
report of the engineer and the board Of audit up
holding the powers Of the Commissioners to con-
tinue the prosecution Of contracts of the Board Of
Public Works, and Of the board of audit to allow
for such contracts. The continuation Of the board
of audit by the joint resolution of December q,
1874, authorized the assumption that the proceed
ings Of the Commissioners and the action Of the
board of audit met the approval Of Congress.
Congress had subsequently had full opportunity
for correction Of the construction put upon the
act of June "a. 1874 and that action was silently
approved. Within the limitations prescribed BY
that act the Commissioners succeeded the Board
Of Public Works as party to the unfinished con-
tracts entered into by the latter board. The Com
mssoners tS hold that under existing hmtationsto
contracts of the Board Of Public Works and claims
arising under modified contracts were recognized
BY the board Of audit as coming within their juris
In answer to every interrogatory relating to i'm.
pI0vements and work made or done under their
administration, payable in 3.o5 bonds, the CON-
missioners say that they
EXERCISED TIE PowEEs
only which they understood to be conferred upon
them by the act of June 20 1874, and that they
never made or modified o contract which was not
regarded as falling in the classes Of contracts
they were authorized to make, and they disclaim
ever having exercised any power in relation to
the execution Of contracts relating to any mat
ter which they did not consider was their legal
duty TO exercise, as TO which they always con.
suited their legal advisors whenever doubt oc-
CURED, and decided as advised by the said coun-
sci. ...
0 THE ANSWERS. - =
'.,,, mi IseiOrerS Than Droree1 IN an.W.r
the interrogatories proposed by the House CON-
mittee, which were published at the time In de-
tail. In answer to the first question q tabulated