Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-12-11
OUGSIANDING CLAIMS AGAINST
THE DISTRICT.
HE Bill Introduced I'm The House
for Their Settlement.


been printed in The STAR, provides as follows:
That the first section Of the act entitled IAN
net to provide for the settlement OF all outstand-
Ing claims against the District of Columbia and
comforting jurisdiction on the Court of Claims to
hear the same. and for other purposes" ap-
proved June 16, 1880. be so amended a. to read
as follows: THAT the jurisdiction Of the Court
OF Claims is extended to, and 1t shall
have original, legal and equitable jul
risCiictiUn of all claims now existing
against the District of Columbia arising
ont Of contracts made by the late board of public
works, and extensions thereof made by the Com
miSsioners Of the District of Columbia, and such
claims as have arisen out OF contracts made by
the District Commissioners since the MASSAGE of
the set of June 20 1874. and OF ali claims for
work done by the order or direction of the said
Commissioners, and accepted by them for the
use, purposes or benefit OF the sal. District of
Columbia. and prior 70 March a. 1876: and all
Certificates of the auditor of said BOARD on IubIic
works all certificates issued by the auditor and
comptroller of the District of Columbia. all
Claims based on contracts made by the levy
court: all sewer certificates; all sever taxes not
heretofore converted into three, sixty bonds:
all measurements made by the engineers Of said
District OF work done under contracts made
since February q. 1871 for which no certificates
nave been Issued TO and received bv the con-
tractor or his assignee which certificates shall be
prima facie evidence of the amount OF work
done; all claims based upon contracts made by
The board of public works for which 10
evidence of Indebtedness has been issued: and
OF all claims based upon contracts oral or
written, made hy and with the vice president Of
The board of public works. acting as the executive
officer OF said board of public NOrks. after the
9th day of October. ISL The Court Of Claims
shall have the same power. proceed in
the same manner. and be governed by
tie sane rules I'm respect IL the mode of hear
Ing, adjudication, and determination of said
Claims Is it now has in relation TO the adudica-
tiUh vi claims against the United states. so far
as such rules are in their nature applicable and
modes % procedure are not Inconsistent with
The terms and provisions of this act and of the
act I" which this act IS an amendment: Pro
Tti5d. however. that said court in considering
AMI adiudicating the cai~ls provided for in thi 5
act and in the said act 10 which this is on amend
ment. shall take jurisdiction of and allow to
the claimants presenting hereafter. or who have
heretofore presented petitions against the said
District of Columbia To said court in respect to
their said claims. the prices mentioned and set
forth III their respective contracts If it shall
De ma,e 10 appear to said court that after said
oral or written contracts had been made the
said board of public works. by general orders
or rules fixed or established, or intended by such
general orders or rules to Fix or establish higher
or Increased prices or rates for work or labor
OF materials performed OF furnished under such
Ccntr:cts. then and in that event the said
couTt sail allow and render Judgment in favor
OF sI,I petitioners for such work or labor or
materials at such higher or increased
prices or rates. it being the intention of
this act to uniformity to contractors with
said board of public works in respect to COM
penSatiUn for work and labor performed and
materials furnished by them under such con-
tracts. Is far as possible whether such work and
labor were performed or such materials fur
nlShed under oral or written contracts with said
board OF public works. or with the vice. presf-
dent OF said board, when acting as the eXecu-
tive officer thereof: and to that end the court
shall accept and enforce as good and valid any
contract made by and with said board of nublic
works or with said vice president as such ex-
ecutlye officer. whether oral or written in all
cases where work or labor was performed OF
materials furnished Under such oral or written
contracts for the use benefit advantage and to
the acceptance of said board of public works
or OF the authorities of the District OF Columbia
whether any specific or general appropriation
existed therefor or net. That in all Cases in
when u shall he made tn appear to the satsfac-
ton of said court that any such petitioner has
suffered any damage by reason OF the failure of
said board of public works. or the Commits
sOners of said District TO carry out the terms
or conditions OF any such oral or written contract
on Its or their part entered into. then and in
such event said court shall render Judgment
for the amount of such damage in favor of such
petitioner. That in all cases in which said court
snail render Judgment in favor of anv
petitioner. il shall likewise render O Judgment
In his favor. at the rate of six per centum per
annum. from the time or times at which his
Claim presented in his petition was due or pay
able. up TO the time at which such Judgment NAV
be rendered. That i'll all cases in which, it shall
De made to appear that any such petitioner has
faithfully executed any contract. or part of
contract, on his part. judgment shall be rem
dered in his favor i'll the manner before provided
Notwithstanding 1t should appear that some
prior contractor or contractors had failed To
faithfully execute his agreement in respect to
the Improvement embraced in such contract or
part OF contract unless it should likewise
appear that he had actual know ledge OF such
failure. and had agreed to make good the same:
and no counter claim or Set-of shall exist in
such cases in favor of the said District of Column
bia."
The eighth section of the act to which this is
an amendment is so amended rs To raad "a
follows No claim shall be presented to or con-
fldered by said Court of Claims under the pro-
visions of this act or of the act to which 1t is an
amendment which was rejected BY the late
board of audit of said District after the same
was fally and fairly heard and considered on its
merits, opportunity being afforded TO the per
Son or persons interested therein adversely to
said District OF Columbia, to appear before said
board OF audit and to be heard in respect
thereto"
The third section OF the act to which this act
ls an amendment is so amended as to read as
follows: The Attorney General OF the United
States shall have authority. and IL shall be his
duty. 70 defend the District of Columbia araiust
all Claims presented under this act or under the
act 10 which this is amendment against the
District OF Columbia, in the Court OF Claims
and on appeal. in like manner as he is now re-
qulred by law. to defend the United States in
said court, with the same power 70 intert,ose
Counter Claims and offsets against Claims and
deienscs for frauds pricticed or atteurted and
other legal defenses and with like powers of
appeal. a. In cases against the United States
tried III said court: PTOcnted nere7ftel.ss That
no counter claim or set-of shall be so interposed
or allowed by said court. in respect to any award
made by said board Of audit, or in respect to
any claim considered ard allowed by said board
OF audit, In favor OF any contractor or claimant
unless II shall be made 10 appear to the salts
faction OF said court that such contractor or
Claimant misled or deceived said board OF audit
III respect thereto
That said Court OF Claims shall allow any per-
Son or persons TO file such amendments to any
petition heretofore fled in said court as such
person may be advised. provided such amend
lnents De so filed i'll said court within four
months from and after this act becomes a law;
ana said court shall consider and treat such
amendments as il they had been a part of such
original petition. That the judgments that
may be rendered under this act or under the act
IN y-FaE gh al. is