National Republican., 1885-07-09
rnE REoursIT1oN DISPUTE.

what the Commissioners BASED Their
Early Demand for Paving Funds
Upon.
The commissioners yesterday addressed q
long communication TO Comptroller Dur
ham in defense of their requisition for
$4,000. The following letter addressed
TO Comptroller Lawrence April 49, 1888,
expnins their position in asking for the
money:
The commissioners desire to submit the fol.
lowing question for your opinion as u guide to
tlieir action in carrying out certain require
ments of the act providing for the expenses OF
the District of Columbia for the fiscal year
ending June 80, 1881, approved March 3, 1888
viz:
Can contracts for improvements authorized
by that at be entered into and work under
tie same commenced prior to July /, 1888, pro.
vided no payment on account OF such work be
made until after that date2
The commissioners, havingrcgard 10 economy
ofcxpenditurc and TO the comfort of the pub.
lic which Is deeply interested In the early
completion of the authorized Improvements,
desire TO commence the work as soon ~ posi-
bic. III the commencement Is deferred TO
July two of the most favorable months of the
year for out.of.door work will be lost, thereby
causing unnecessary expense and delay
The reply Of Judge Lawrence, dated a
week ago, was as follows:
send you herewith copy of opinion in re-
lation to the use of appropriations for repnlrs
on the Interior Department building.
YOu will see that alter d careful examine
tion have reached the conclusion that appro.
priations of this character authorize contracts
TO be made and work to be commenced before
the fiscal year begins provided the contract
expressly states that no payment is TO be made
nnIii M ,, the @ iisCdl year commences. ThS prinei.
The authority of the commissioners OIL the
streets OF the District. You can make contracts
aud the work can commence prior to July il
alter that date
The commissioners letter OF yesterday
to Judge Durham is rs follows:
The commissioners acknowledge your favor
Of the 9Th instant, calling attention csneolally
tothe item OF $4,000 In their rcquistlon for
money Of the lst instant saying that II seems
10 be an extraordinary demand 70 mako Mt the
beginning of the fiscal year, and desiring an
explanation thereof.
The commissioners IN response have the
honor TO state that the amount in question Is
in their judgment needed to pay the sums due
the contractors for street improvements during
the current month, and that large proportion
OF 1t Is already due them.
In the District appropriation act approved
Feb. 20, 1888, Congress appropriated for street
and sewer improvements the sum of s395, 900.
| In the months of April and May Inst the com.
missioncTs, in pursuance of law, entered into
contracts with divers persons for the perform
nnce Of large portion of that work, to be com
I
| 10 Oct. i, 1885. with the express stipulation
| however, that no payment was to be made by
| the District until after the list of July. As the
| months of May and June are cXceedingly y
| favorable for such work, both for the contrac
tors and the District, large proportion of the
| work was done during those months. Forsuch
| work the money Is already due, and the con.
| tractors now demand payment. Hence the
| large reouisition for that purpose
The legality of such contracts aud of the
| work already performed hereunder prior to
| the beginning of the fiscal year seems not &c
| be questioned in your letter. Such legality
| was sustained by long.usagoiu the several dc.
| partments of the government, with the ap
| provl of your Office. Upon this point how
| ever the commissioners, both for our a5sur.
| ance and that OF the contractors, counsclcd
| with your office aud took its advice in 1883 to
| the effect that aitcr careful consideration the
| comptroller found that tho law authorized
| such contracts TO be made and work to be per
| foTmod.prior to the list ofJuly. (Seeleter fthC
commissioners of April 90, 1883 and the answer
| thereto of May Q, 1881 That Interpretation OF
| the law, adopted by the commissioners, ha,
| led contractors 10 cNpcnd large sums of money
| during the past months of May nnd June, and
| they are now lawfully entitled to payment nc
| Cording to contract, aud the large amount due
| illustrates that entro confidence in the sta
| bility of legal Interpretation and the goot
| faith OF The government to meet its oOliga
| tions
| 1.-THE commissioners trust that you will fin,
| this explanation TO be satisfactory, and tina
you will recognize that they only performed
| legal duty In including the item in question IL
| their reqnistion, and that 1t Is entitled t
| prompt allowance.