Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-02
SITTING THE ITEMS.
The Board of ArbitratOrs Arc Con-
sidering Meningitis Claim.
GEN. HASTINGS GIVES HIS VIEWS.
Judge Kirkpatrick Says the State Will
Not Pay for Relief Work.
TRYING To SEPARATE THE ACCOUNTS

TRYING To SEPARATE THE ACCOUNTS
In quite informal manner last evening
at the session of the arbitration board in
the Mcknight claims against the State for
work done under contract at Johnstown, the
status ofthe case and the intentions of the
State were clearly presented by Attorney
General kirkpatrick and General Hastings.
The evening hearing had been without
incident for upward of an hour. Contractor
Mcknight testified as to the amount Of
money paid out by him and the nature Of
his contract with General Hastings, mat
tiers already familiar to the public. Mr..
Meningitis bookkeeper, Mr.. Mcclellan,
and Mr.. Ford, timekeeper, were also ex-
amined at some length with no particular
results. During the examination of John
T. Kinney, Mr.. Meningitis general fore
man, who was rated at $40 per diem, mild
controversy arose between Attorney General
Kirkpatrick and Mr.. Charles II. Mckee,
Mr.. Meningitis attorney. The attention
of all present Immediately became centered
in the legal gentlemen, but General Hast
ing's appearance in the circle broke the
spell.
SEPARATION OF ACCOUNTS.
Attorney General Kirkpatrick said abruptly:
The point of this whole matter must be the
separation of the relief and business phases of
Contractor Meningitis bill. The State can.
not be expected to pay for relief work done by
Contractor Mcknight when relief fund exists
for that definite purpose.
Mr.. McKee-Mr. Mcknight should be made
whole. He was given to understand that his
contract with General Hastings implied the
payment for bis services and those of his work
men. All of the State officials relied upon Mr..
Mcknight and dispute in regard to his claim
for payment was farthest from his thought.
Judge Kirkpatrick-OughJ not work done
for relief to be paid for out of relief funds?
The mere fact that State officials ordered work
done does not hold the State liable. A very
large relief fund is still in existence, and If Mr..
Mcknight did that work he should be paid out
of the proper fund. The assumption was all
along that the accounts should be separated.
While desire that the testimony shall have
the widest range, propose to stand here TO
object to the State of Pennsylvania paying one
dollar which she is not liable for. There were
two kinds of work done; relief, and actual
cleaning up of debris and wreckage, in the
proper exercise of the police powers vested IN
the State. The testimony should be sIfted and
separated and the accounts individualized.
GENERAL HASTINGS REMARKS.
General Hastings-I am in sympathy with
Judge Kirkpatrick upon this matter and al
though not upon the stand would like to give
to this tribunal my views of the matter in the
hope of assisting the present deliberations. So
far as State work was concerned was respon-
sible, as Governor Beavers personal represen-
tative, and will not evade any responsible
ties incurred by me. But SO far as relief work
was concerned l was in Johnstown as an
individual. When anything needed to
be done l did not stop to question.
If it. was teams. horses or men, 1t made
any hesitation for anything he was able to
furnish. AS l understood the agreement be-
tween us. what he earned was to be paid out
of either the State or the relief funds as the
work might chance to be classified. l think
that this board should ascertain which part Of
the account belongs properly to the States ex-
penditures, and the balance must come from
the amply adequate relief fund. 1t will he easy
to decide upon: the amount due in both in
stances.
Arbitrator Huff-I may say for the same
reason as General Hastings gives that during
the recess the Board of Arbitration decided
that the plan as outlir ed by Judge kirkpatrick
and yourself, General, would be the most ex-
pedient for adoption. We agree that the ac-
count should be divided into two sections.
HIS DUTY TO THE STATE.
Judge Kirkpatrick-It is my duty to protect
the State, and l think that the claims can be
easily separated. but whether the State can pay
or not we cannot say.
Senator Huff-Neyertheless we do not desire
to have time wasted by irrelevant testimony.
Mr.. McKee-Was Mr.. Mcknight aware OF
the distinctions between State and charity
work?
General Hastings-Colonel Douglas. the en-.
gineer i'll charge, was instructed to keep the
accounts separate. But when teams were
wanted to haul bread and provisions, or to
convey bodies or cofins did not stop to say
much. went ahead.
stand this matter of keeping separate &C
counts?
General Hastings-C Colonel Douglas so in.
structed him.
Mr. McKee-would it not have been impos-
sible for Mr.. Mcknight to keep the accounts
separate?
stances. 1t would
Judge Kirkpatrick-Aren't you cross-exam-
lining General Hastings, Mr.. Mckee?
Mr.. Mckee, beg your pardon. would
two weeks of Mr.. Meningitis work elapse be.
fore he understood that the accounts were to
be separateP
THE GENERALS ANSWER.
General Hastings-Yes. think two weeks
uau passed D0IOre COlOuel DOuRldS uniformed
Mr.. Mcknight But that need not make any
difference in the tabulation Of these accounts
in separate shape.
Mr.. McKee-Thank you, gentlemen. You
have relieved my client and myself very much.
This ended the colloquy and General
Hastings was excused from appearance until
to-day. There was nothing more of un-
usual interest on either side and the session
adjourned until 10 o'clock this morning.
A high State official privately vouch-
safed the opinion that the Flood Commission
would not hesitate moment about paying
Mr.. Meningitis claim for relief work If
passed upon by the Board of Arbitration.
Secretary Kremer stated that any bill
would receive patient attention from the
commission. technicalities having been laid
aside long ego in the transaction of its
business. Mr.. Meningitis claim for relief
work, in his opinion, would receive ample