Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-15

TUNNEL CONTENTION.
Letter from the Contractors.
WASHINGTON, D. c., March Q, 1889.
To Major g. ]. LYDEcKER,
u s Corps Of Engineers:
SR: We have received your letter OF the Is
instant, notifying Us that, a. ''the examination
Of defective work in the Washington aqueduc
tunnel has been completed, " 'the United State,
has now no further reason to continue pump
ing operations in connection with this work. ;
and that ''all payment ON account of pumping
will cease from this date
This is virtually . notification by you, a. one
contracting party, to US, as the other contract
ing party, that further prosecution of worl
upon the said tunnel has been abandoned BY
your principal, the government Of the United
States.
This action on the part Of the government il
one unquestionably within its power and right
With the propriety or expediency of such &C
ton we are not concerned. But we arr directly
concerned as to its effect upon our rights in
the premises.
Our contract relations with you as the agent
OF the United States began on the 9th day OF
October, 1883; this first contract covered all the
proposed excavation and the lining OF the
shafts and OF limited portion Of the tunnel:
On February "A, 1885, We contracted with
Brennan Emery to execute, 40 sub-contract.
ors, all the masonry work and packing required
for the said lining.
Their contracted with us for the substitution of a
rubble masonry In place of the dry stone pack
ing provided for by the original contract. On
the 9th day of December, 1887, you paid us the
sum of s7S, 1881, "such sum being IS per cent
Of the. percentage heretofore retained and
nit hhnI frav,. ssoo ov,to for fha
faithful performance of our "work as pro-
vided in the original articles Of agreement"
On the same day you recited that this payment
was made in consideration Of the work already
done to your satisfaction. The remaining Is
per cent Of the whole retained percentage was
held as guarantee that certain collateral
things, not at all relating to the completed
work, should be done.
Upon the faith of this final acceptance by
you Of all the work done up to that date, De-
cember s, 1887, and Of the payment by you of
the percentage retained as guarantee for our
faithful performance of our contract work,
thus indicating In the most conclusive manner
your satisfaction with the work then done, we,
on January 26, 1888, paid to Brennan q Emery,
the sub-contractors all Of the money due them
from us on account Of the work then done.
On May 10, 1888, you made with us . third
and final contract which provided for the lin
ing with masonry and rubble packing of the
entire tunnel not then lined. All of this lining
work we at the same time sub-let to Brennan 4
Palmer, by whom alone it has been done.
On October 81, 1888, We were notified by you
that you had received instructions from the
Secretary of War to suspend work under exist
ing contracts on the Washington AQueduct tun-
mel, in view of the Joint Resolution of Congress
approved October Is, 1883, except 20 far as
relates to keeping the tunnel free from water
and the removal of muck and the protection
and preservation of the work already done on
the tunnel"
Your last letter Of March /, 1889, directs the
suspension Of all work thus excepted, 80 that,
Is we have said, that letter Is virtual abandon
ment by the United States of the tunnel
scheme.
The military court of inquiry in relation to
the lining of this tunnel was organized October
19, 1888. Although we were invited to appear
before this court and have the highest respect
for the officers who composed it, yet we could
not consent as civilians to submit any right of
ours to the jurisdiction of a military tribunal
and we were not heard there.
The joint congressional committee, appointed
under the resolution hereinbefore referred to-
on November 10, 1888, refused to permit US to
be heard before them by counsel and to ex-
anime and cross-examine witnesses.
The present then is the first proper occasion
which we have had to state our position in the
premises.
We concede that there has been much bad
work done in the lining of this tunnel by the
sub-contractors, who had entire charge of this
lining.
We deny that we knew of this bad work. and
we are prepared to prove specifically two facts
which conclusively show such want of knowl-
edge.
a We paid the sub-contractors for each
cubic yard Of this lining on the same measure
ments upon which the government paid us.
Thus the whole loss falls upon us and not upon
the sub-contractors, who are irresponsible.
(2) We paid for more cement, and more was
actually used in the work, than was required to
comply with the contract in all its details.
With respect to all work done subsequent to
December 5. 1887, the date of your final pay
ment on account Of all work then accepted, we
admit that We are bound to do all things neces-
sary to make this work comply with the speci-
fications Of our contract and we hereby tender
ourselves ready to make good the said work
according to the said standard.
With respect to work done prior to said final
acceptance, we contend that as we have paid
our sub-contractors for that work on the faith
of your action in declaring this work satisfac-
tory, and in paying over the guarantee fund re-
tanned to assure said satisfaction, we cannot
legally be held to make that good. Neverthe-
less, we are willing and hereby tender our
standard, reserving, however, for decision by
arbitration or litigation the question of our
liability for this work.
The government now owes US about the sum
OF $50 10000 From this sum are willing that
there should be deducted what it ,oo,.h cost us
to make good the lining of the tunnel, reserv-
ing the question Of our liability for work prior
TO December 5, 1887. The balance we claim
now.
We no,c formally protest against the visiting
upon us of the defects Inherent in the tunnel scheme
We notify you of our readiness to make good
any defects in the execution of our work done
subsequent to December 8, 1887; also we notify
you of our readiness to make good any defects
In the execution Of our work prior to that date,
II you will agree to reserve for legal decision
the question of our liability for said work.
II you are unable to accept this proposition,
then we propose that you deduct from the sum
due us, such sum as it would cost us to make good
such repairs under the same conditions, this
sum to be fixed by agreement or arbitration
Unless we shall be advised within ten DAYS of
your acceptance OF either Of these propositions,
we shall instruct our attorney to begin pro-
ceedings in the Court of Claims to recover the
money due us by the United States in the prem
ises. Very respectfully,
(SigneO BEcKwrrH q QuAcKENBUsH.
WALES AS A REFORMER.
England's Future King Declares All
Man Snoau1ea<a ot