Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-18
DISTRICT CLAIM
Substitute Bill Adopted Today on
This Subject.
THE SENATE DISTRICT COMMITTEE
Measures Considered Relating to
Several Local Matters.
ADV Err Ell Y

There was an unusually full attendance at
today's meeting of the Senate District COM
mttee, the following named eight OF the
eleven Senators constituting the commit
tee being present: Senators Harris, Faulk-
ner, Hunton, Gibson, Martin, Gallinger,
Mcmillan and Proctor. The subject of the
dollar ga5 bill was brought up and 1t was
briefly discussed. There was some COM
ment by the members of the committee on
the revelations of the past two or three
days, which have been reported IN The
Star, regarding the alleged efforts OF some
body connected with the would-be rival gas
company to abandon the effort to secure a
charter upon the payment of considera-
tion. The subcommittee in charge Of the
bill reported that they were not yet salts
fled with the hearings SO far had on the
subject, and the bill went over with the
understanding that there should be fur
ther hearing on Thursday next.
The bill providing for an inspection OF
milk in the District, known as the pure
milk bill, was also brought to the attention
of the committee, and this. too went over,
as the subcommittee was not yet ready to
report.
Favorable Report.
Senator Gallinger's amendment to the
District appropriation bill, reducing the
penalty on unpaid taxes from to l per
cent a month, was taken up aud a favor
able report was directed upon 1t. Later,
Senator Gallinger presented this favorable
report to the Senate, and at his request the
amendment was referred to the committee
on appropriations. He commended the mat
ter to the favorable attention OF Chairman
Cockrell stating that bill to the same ei'
feet was passed by the Senate some months
ago.
Rejected and Adopted.
Mr.. PETERS amendment to the District
appropriation bill, establishing minimum
salary of $40 a month for all employees OF
the District, was rejected by the commit
tee, and Senator Faulkner later made an
unfavorable report to the Senate.
The District Commissioners substitute
for Senate resolution los, making regula-
tions for the removal of snow and ice with
in the District, was adopted by the commit
tee. and Senator PETER was dlrec.eo 70
make a favorable report to .he Senate.
Senator Hunton was directed to make
favorable report upon Senate bill nos,
which authorizes the sale or certain hullai
sites in the Congressional cemetery. An
amendment was adopted setting aside 10
per cent of the lots for the ntermc1lt Oh
employees of the House and Senate.
The most important matter brought 10
the attention of the committee was the bill
amending the act of June IL, 1850, which
confers jurisdiction on the Court of Claims
to settle all outstanding claims against tho
District. known as Senate bill 2l6o, which
was introduced in June last by Senator
Quay Senator Faulkner was directed to
make a favorable report upon substitute
measure, which provides that In the ad-
justment Of claims brought under the pro-
visions of the act of 1880 the Court OF
Claims shall allow the rates established
and paid by the late. board of public works.
and whenever these rates have not been
allowed the claimant or his personal repre-
sentative shall be entitled to new trial
on a motion made within sixty days of the
passage Of the act. Accompanying this bill
is long report, which states that a his
tory of these claims is we'll set forth In a
letter from the Commissioners of the Dis
trict, dated July 5. 1891. recommending this
legislation.
ConnmissiOncrs' Letter.
In this letter the Commissioners say:
| ',The board of public works was charged
with the entire control of municipal inn
proyemants in the District. Execution of
these improvements was done under con-
tracts with the board and at prices fixed
by it, Several months after the commence
ment of these works the board readjusted
the contract prices. THESE revised prices
were technically called board rates.
In most cases when board rates were
allowed the modification of the contract so
made was embodied in written agree
ment in due form; in others, by written or
| oral orders. correspondence, which,
through clerical inadvertence, or ether
causes had not reached the stage of for
| nal contract Upon the abolition Of the
board of public works, nearly all the work
! in progress under contract with the board
at the time was suspended. Subsequently
nest of this unfinished work was recon-
mended and completed at board rates. un-
| der new contracts made with the board OF
Commissioners, which succeeded the board
Of public works. The claims under con-
| sideration were mainly for compensation
for work done under these so-called eX-
tensions. The duty of auditing the unset
| tied accounts of the board of public works,
after it's abolition. and the accounts for
work done under these extensions was I'M
posed by law upon board OF audit, COM
posed Of the first and second controllers
and the first auditor of the treasury. This
| board audited and allowed accounts for
| work done at board rates under the IN
| formal authority of the board of public
| works. thus adopting a practice uniformly
pursued by the latter board The board of
| audit was evidently invested with complete
and conclusive jurisdiction in the adjust
ment of accounts passed upon 1t under that
| law.
| The board Of audit was abolished March
| IA, 1876, and jurisdiction over the claims
was vested in the United States Court of
Claims by the act of June 1G, 1880. The
| court appears to have at first inclined to
| favor the application of equitable principles
| to the adjustment of these claims, but its
| later decisions show different ruling in
| this respect mainly upon the strict techni-
| cal grounds that the allowance of rates
different from those in the formal V ritten
| contracts were incompetent under the law,
which required all contracts with the board
| of public works to be in writing When con-
| tractors, who had been paid at board ra,es"
| for work done under the informal sgree-
ments, applied to the court for payments
! for work done under their new contracts
] or so-called extensions of contracts, they
were met by ruling on behalf of the Dis
! tict for a set-off against the sum found
due them of the amount so paid them in
| excess of the rates specified in their formal
contracts with the board of public works.
| So long as that court persists in the ruling
| it has made in these cases, these claim
| ants an only obtain relief through further
action by Congress.
| notwithstanding the fact that they took
! timely advantage of the act of Congress
authorizing them to submit their cases to
| that court, the statute of limitation would
prevent them from obtaining hearing in
| the District courts. If this measure should
be enacted no special appropriation would
be required to pay judgments that might
be rendered under it"
Continuing, the District committees re-