National Republican., 1885-01-15
CONTRACTORS, CLAIMS.
An Opinion ON the Proposed House
Bill by Commisslonor Edmonds.

An Opinion ON the Proposed House
Bill by Commissioner Edmonds.
Commissioner Edmouds is earnest In his
opinion that thore should be no moro
legislation on tho claims of the contract
ors now pending before the house District
committee. He says that tho contractors
have had enough special legislation, and
will to-day, through Attorney Miller. pre-
sent TO tho house committee an opinion, in
which he says
The net OF Feb. n, 1871. volume 49, United
States statutes, page il9, declares the District
to be "a body corporate that may contract aud
he contracted with, site aud be sued, plead ana
he implcudCd," &c. In the Revised statutes
for tho District OF June %, 1874, the same pro-
vision Is continued. by the act Of June 20,
1874, creating board of audit, II Is, among
other things, provided that they shall examine
and audit claims existing or hereafter created,
for which no evidence Of debt has bCen Issued,
arising ont of contracts, written or oral, made
by the board ofpubllc works provided that all
such claims shall DC presented within ninety
days after publication of notice. Then, by
Joint resolution Df Dec y, 1874, the timo for
presenting these claims was extended thirty
days from thut date. II will bO seen that
practically there was mn opportunity 10 pre-
sent these claims between tho seven months.
The act Of June l6 1880, gave the court OF
claims Jurisdiction both legal and equitable Of
all claims existing against the District arising
out of contracts made by the board Of public
works, &c, or based upon measurcmenI made
by the engineers Of the District Of work dono
under contracts since February, 1871. Section
provided that all laws applicable to claims
against the United States should apply TO those
cases and that claimants might be witnesses
| In their own behalf
| Thus 1t Will be seen that the ordinary courts
Of tho District with common law and equita-
bic Jurisdiction have been open 70 the claim.
ants all the time, and that three special acts Of
| relief have been granied-two Of them provld.
| ing for a summary settlement by the board OF
| audit, giving common law and equitable iuris.
| diCtion to the court of claims, which has ap'
| piled to these cases the same rules that nre ap.
| piled to all cases against the United statos If
| congress now shall determine that such rules
| are wrong In one class, and command new
| trial with new rules, we do not SEQ why,
| upon principle, they should not open
| up all cases against the United States that
have been determined by that court, and
give all claimants the benefit of the new law.
If II Is considered that tho taxpayers have
rights to bo regarded that they have already
paid immense sums for which they have re-
ceived no consideration that many of the
| improvements sewers and pavements) were
| 80 poorly constructed as TO be OF no account
that the contractors began with contracts well
known to be utterly reckless and illegal and
yet have gained several acts ofindulgence and
favor from congress, II will be appreciated that
to open up the subject anew at this late date
would cause greater injustice than 10 deny q
further act of grace, even If there arc foW
who claim unfortunately TO have slept upoI
their rights, Notwithstanding such repeated
invitations to assert them,