National Republican., 1877-09-24
DISTRICT AFFAIRS.
MUNICIPAL WORK or THE CITY
GOVERNMENT
THE PAVING CERTIFICATES.

Il
for an opinion. He being absent OH account Of
sickness, Acting Comptroller Vim. J. Tarbcll
acted Oh the subject. aud transmitted the fol-
lowing reply through the Secretary of the
| Treasury:
| Ihavc the honor to acknowledge the reference
to this Office Of the letter OF T. e. lngcrsoll attorney
| for the North American Neuchatcl Rock phNlng
| Company, llimitedD asking payincut In money II
| there should he any finds available for that pir'
pose, OF the balance due under their contract fnr
| the improvement Of Pennsylvania avenue irnin
sixth street to the Capitol northwest and II there
arc no fluids available claiming the right 10 receive
| the lien certificates authorized by section of act
approved July 10 1876, at their par value In settle
| mcnt OF their claim.
The North American Ncuchatel Rock Paving
Company limited have been paid In nun the pro.
portion ofthc cast Of said pavement due irom The
United States and the District Of Columbia, les the
ten per cent required to he withheld under section
| =, and siOD paid into the Treasury by the Com
missioner on account Of as cssmcnts upon private
property has alsn been paid over to this company.
| the further sum due the contractors being upon
private property ns hereinafter explained Indcr
the provisions Of section t. Of the act the 'umln~.
sUncrs Of the District Of Columbia are required IN
| case the Washington and Georgetown railrnad or
any Other citSm or sorp%rSaton a ngsS Sn OF thmT rr
izcl they. the said Commissioners ot the lhsri'' ~
Columbia. shall Issue certificate Of tudcbteicss
against the property, which certificates shall he
lien against the property and bear Interest nj the
rate OF ten per ccrt. per nnlIllm until palu hhu
further provides that said cGrt,nraasJ are ho, t
tic District Of Columbia shall upon the Application
OF the holder thereof proceed To sell the property
against which they are issued, OF NJ much thereof
| a. may be necessary 10 pay said tax. -
| The act Is silent as to how the certlti'
cate, shall I've disposed Of or the manner In which
the contractors 6rc to receive the balance que III
case OF failure of the owner OF private property 10
| pay In money. can see no objections tothc pay
nent the balance due the contractors on the lien
certificates authorized tpb issued prpyidcdt the Ten
per ccut required tu he held under the I'll &C ton
shall have first been paid into the Treasury OF me
United Stacs aud thG contractors shall In consil-
| prntnu ,AIu Iprtttipntp- execute lull ftith~t
Of all further claims save undcr. Those certificate"
and except As to lllc tcn pr cent rc,crNSu al the
| The total amount ns certified by the COMMITS.
sinrrrs u, due tn the NOrth American Ncuchatcl
| They have been PAID by the United states and the
| district Of Columbia the suin nl 1iNn;,-; which
| includes the ten per cent wi!hhcd bilanre 3i
percentage ip lc paid into the Ircasur; stIEhH
| Amount paid To the contractors un account OF
| private property, SiwO; makinga total Of ssl'
| :Els IT, Leaving balance due tnc con;raciGrs or
further reduced hv the sum NJ s3'oI6i. IN suit
with the Washington and Georgetown Ranr1Gd
COmpany hearing balance for which certificates
| might bc Is.u"d nf sli7F.ll. The percentage j.
withheld only upon the sum OF s!WmS;@. the
difference being for material ordered by TIE mn
| miSsilners and not charGeaTlc 70 the contract
amounting ia the nggrCgatc to sl.t3Gi. Mr. James
| :. lwurl, hH' file in this Office power ut AT
tnrurv from the North American SeuChatcI Rock
Paving Company ,linitetb authorizing him To re
ccVc aud receipt fnr all moneys. drHitS ami bond
as shall bccOmc due aud payable to sdid company,
uf the lAl,Urcrs or thee making advances in the
prosecution Of these contracts. II Is respectfully
suggested that In dispensing Of these certificates
| the class Ofcredltors mentioned should be pro-
tectcd
After this reply was received the District
| Commissioners invited Hon. f.. G. lngersoll,
who represented the North American Nencha-
| tel Rock Paving Company, Col. Robert Christy
and Columbus Alexander the property holders,
and General William Birney the District At
| torney to be present last Saturday and give
| expression to their views in regard to the
| matter.
The gentlemen responded in person at noon,
| and Commissioners Dennisou and Bryan lis
tened to their statements that they now pre-
pared to make.
| Commissioner Phelps being absent from the
city, temporarily, was prevented from attend
| ing the interview.
After the opinion of the acting comptroller
| had been examined the argument was com.
| menced.
| Col. Christy said that It was best to be ad
yised of the exact position in which the re.
spective parties stood in relation to this con
trovcrsy.
A suit in equity had been instituted by Mr.
| Alexander, but It was really in behalf OF tn,
property holders on Pennsylvania avenue
| They were present to take some action before
the subject matter should pass beyond tn,
control of the Secretary of the Treasury and
| District Commissioners and into the hands O
innocent parties. They declared invalid 81
much of the assessment as related to property
opposite public squares and reservations. They
desired delay that the matters might DO judi
cially settled or an opportunity be given tG
Congress to pass u dcclaratOry or Independent
bill that would make the meaning of the Law
clear They did not desire to prevent tn,
proper parties from receiving their money, fol
they wished them to be legally aud properly
paid by these persons who are bound to pa,
their assessments. He understood that tn,
First Comptroller had given an opinion which
they must meet. The Commissioners yer,
properly transferred the subject to the Treas
ury Department for the information Of tn,
Secretary.
He sent the certificates back and the Com
missioners, under their construction of the law
referred them to the District treasurer for cus
tody until invcstig CATION was made through tn
! legal channels. He understood that tho In
formation received did not come from tn
COMPTROLLER nor the law officer of the District
and at the best it was merely an advisory opin
ion. The intent of the act WAS that the i'm
provcment should be made and the partie
doing the work paid in u certain way. Th
position they took was one Of hostility to tn
contractors, and If supported might prove
hardship. The paving commission in thei
proposals very carefully forcwarned the con
tractors whoever they might he, of the con
tingcnCies that have arisen ON account of tn
inability to pay. So careful were the Commis
soncIs not to place thcmse YES in false aslitud
that they put the same conditions in the tw
contracts that were made as were found in tn
notice for proposals.
II they could draw the funds from tn
Treasury whenever required il would hay
been unnecessary to attach these conditions
, Tho contractors had dealt with full under
|. standing, and should be possessed of til
knowledge and intent of the act, as they weI
= admonishcd vt every point in regard to i
r Thus Congress desiring TO protect he propcrt,
/. holders, in the event of their inability to pa,
:, attaches II penalty of 10 per cent. IL unabl
to pay when the certificates are received {,
$ issue, but afterwards able to do so, they sha
r be allowed that right, provided they add ii
z 10 ppr cent. Congress says that these sha
not be disturbed for one year, and he mail
tanned that the present status should be col
tnund. If these certificates passed into Il
:, hands of innocent parties there would be
u multiplicity Of suits growing out of it.
Y passed from hand TO hand in eleve
- IN pnths one certificate might be- lost, and the
" all know the embarrassment growing out
= such q result. 1t was important that the
y should be given an opportunity to consu
u Congress, as the Commissioners had nothing
u do with the originating Of this work except
" accept the results II was announced that Il
!; law was silent in regard to the disposition