The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1884-01-10
GEORGE CoURTNEY'S CLAIM
For Certain District BOnds--Thc
Commissioners Put I'm am Auswer

commissioners fut IN an Answer.
In the matter OF George Courtney, on rela.
tion OF the United States, an application for q
mandsmus on the Commissioners OF the Dis
trict to compel them to deliver to him the 1866
bonds Of the District, In which the morey re-
tanned from the contract Of Gleason & Kelley
for paving Seventh street from d TO north
west was invested, the Commissioners nave
filed their answer TO the rule TO show cause.
They state that by the tenth clause OF the
District, approved juno IL, 1878, 10 per
centum OF the contract price, to wit, I,-
s h an sood ss5 By Of ins
District in 1879 for the price OF eighty cents,
and they were deposited with and held by
Puma f cCmssonor e of this 'h psre aRG
has possession OF them, claiming
that under the law he IS the legal custodian OF
the bonds and has the sole legal right TO pur.
chase and hold them, and claiming further
that the Commissioners have no other power
or duty In the premises except that OF certify
ing to the treasurer, after the lapse OF ave
years, that the work IN given case has been
done TO the satisfaction OF the Commissioners
Of this District. That the investment In
sae This ta,ao ops was wG daYsed SgfS
the District against failure OF the work and
material mentioned In the contract for i've
yenrs and to secure to the contractor the pay.
ment Of interest on the deferred payment In
meantime, md that when the time for the
final payment should arrive the contractor
was TO be paid pursuant TO the provisions OF
the law and his contract, namely, by
warrant for cash on the United states
Treasury. The Commissioners are advised
and believe that this provision incorporates
no new elements into the District contracts,
nor does IL entitle the contractor to payment
In anything but money, In whole or IN part,
nor compel him TO receive any part OF his pay
In any other thing than cash. Under advice
they deny that the bonds we purchase as tho
law requires become the property OF the con-
tractor or his legally-consttuted assignee
The act does not say that the
they shall be ever delivered to him nor init.
mate that they are held by the Treasurer OF
the United States and Sinking Fund Commits
sioner In any other way than he holds all the
money OF the District. The fact that he is TO
receive tho interest accruing on the bonds
title to him, as the Commissioners
are not fully advised and cannot
OF the alleged assignments, and that as a mat
ter OF law to be submitted 10 the court. They
believe that the United States Treasurer was
right In holding the first insufficient, and are
advised that as 10 the second his ruling was
that II was SUFFICIENT for the assignee TO re-
ceive the interest on the bonds. II does NOT,
lie the assignee 10 receive and
receipt for tho bonds nor execute a
proper receipt on final payment OF the sum
In the contract proved good and surlcient, and
the relator demanded OF the Commissioners
the bonds referred %, and they, were not de-
liyered. Having fully answered the rule they
say while they believe that whatever may be
the rights or Mr.. Courtney in the
Them In tho proceedings, for the reason
set forth in the answer, yet they do not desire
the case TO DO disposed OF on that ground with
out full consideration by the court OF the
real merits involved as now stated. They
wish for n judicial declaration OF their rela-
ton 10 tho subject matter OF the bonds. Are
they the proper parties TO purchase, or
10 tho u. s. Treasurer invested with that
power. What are their duties In the premises
and especially as tho Commissioners wish to
have II determined whether, whom purchasing
| bonds by the withheld 10 per cent. In given
case under the 9th section OF the act OF June
IL, 1878, they are acting merely as the agent
OF the contractor TO purchase bonds Tor him, or
| whether they are acting for tho District and
purchasing securities for II; whether the
bonds, with any rise or decrease in value, are
az the risk OF tho District or OF tho cOntractQE