Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-19
THE DISTRICT INVESTIGATION.
Facts In the walsh Contract Case.

The Fitzpatrick Blake testimony that the
District Commissioners gave q contract at a
higher rate than one offered TO them is ex-
planned by the following opinion of counsel,
10 whom the matter was referred by the
commits sioners. On receipt of this opinion,
November 25, 1874, the order was given TO the
contractor to proceed with his work:
ATTORNEYS OFFICE. ID. c.. Nov. 81 1874
In the matter OF contract No. $50, with JAS
w. walsh, the facts new presented to me diff
fer very widely from those on which gave
an opinion on the Sth of October.
side o ma tb tme IL aRpearsd from papers out
TO have been done within 80 DAYS, )" althou gh
the vague and meaningless phrase Gas soon
as a. possible" was used in the contract Itself;
that nnal measurements were made, certifi-
Gates issued on them and accepted by the
contractor, and the work abandoned.
This statement of facts was corroborated
ny the "GOvernor's answer" page $50, where
pleted."
Now, IL appears from the statement OF Mr..
Walsh, corrobOrated by that of Mr.. Willard,
that the measurement OF Dec. 8, 1873, was
neither applied for, nor sde, as final; that
the certificates were not accepted as In full
or all work under the contract; and that
the work was not abandoned, but suspend
ed on account of the weather, and, at a later
period, by the non payment of contractors,
and the uncertainties incident to the inves-
legation. II appears further that Mr.. Walsh
had very strong reason for thinking that his
assignment to Mr. Hussey had the consent
q,
Mr. Hussey for him, prosecuted the work In
good falth, IN the latter part of June aud up
10 the 18th July, spending several thousand
ooilars upon 1T; and that at the last named
uete ne was ordered by your honorable board
to suspend work.
The chief engineer, in his reply, does not
specifically deny any of the facts as alleged
by Messrs. Walsh, Willard and Shepherd;
and this opinion must, therefore. be on the
assumption OF the truth of the allegations.
1T Is clear that Mr.. Walsh was very sloth-
~ nrF a<Nfl III
instrument is dated October %, 1873, and the
work should have been finished I'm the late
autumn or early winter of that year The
beard of public works might have either
ended the contract or taken the work out of
WaIshs hands, under article 5. No step of
ms kind was taken, the board being prob
soon as possible" used in the contract 10
DESIGNATE the time fixed for completing the
work.
Measurements were given in December
If the board had intended these to signify
the abandonment of the contract, they
should have made that manifest by placing
the fact on record and notifying Mr.. Walsh
10 that effect. Tue neglect of this business
precaution would make it impracticable for
the District Commissioners TO rebut Inc
evidence offered by Mr.. Walsh that he did
Lot abardon his contract.
Mr.. Walsh would excuse his delay from
Dect mber to June by pleading the weather,
The investigation and the inability of the
BOARD TO make any payments; and on these
L
him.
In regard TO the assignment, Mr.. Walsh
appears TO have acted in good faith having
ms de his application and received the assent
OF the Governor.
While the Commissioners are no. bound
10 recognize the assignment. IL would
he inequttable for them TO insist upon a
forfeiture because an assignment was
made, The contractor having made no
attempt 10 assign without the knowledge of
the Board of Public Works, and having rea-
son 10 believe he had their consent.
adhere To the opinion given October 9Th,
that there is no privity of contract between
The Commissioners and Mr.. Hussey; and
that 1t is within the discretion of the Com
missioners To recognize or not the assign
ment. But In the absence of any testimony
10 rcbpt what can be produced by Mr.. Wa 81,
l think IT. would not be safe to act on the
theory that the original contract was sban.
doned by Mr.. Walsh. In permitting HIM or
his assignee To go OH, however. the C0njmis-
sioners have the right and should exercise il
TO limit the time within which contract No.
$50 should be completed.
lSigned,l WILLIAM BIRNEY,
Assistant Attorney.
Copy:-WM. TISDALL, Secretary.