Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-27
Appointnkntof Special Counsel I'm
ssr Highway Act.
Arf0RNEfW COOK ENTERS PROTEST.
Fails to Finda Warrant for Action
esef Board.
THE TEXT OF THE LETTER

The authority Of the Commissioners to
employ special counsel to look after the
interests Of the District under the highway
act has been questioned, and today William
A. Cook entered a formal protest against
the matter in the following letter:
With others. including citizens pecuni-
artly interested In the affairs of the Dis
triet of Columbia, I have carefully exam
med the highway act of March 2, 1893 CIT
Stat. at Large, $3.50, for the purpose of dis
covering, among other things. by what
authority the Commissioners have assumed
to appoint special attorneys in relation to
matters growing out of that act We have
failed to find any such authority, and 1
would be pleased to be informed on behalf
OF myself and others where such authority
can be found, If at ALL
have been informed that A. 8. Worth
frgton, whether properly or lot, wds desig-
mated at some time by the Commissioners
as a special attorney, and, 1 understand
Wss allowed 5000 as compe ms alton by act
OF Congress Of July 10, 1897, for his serv-
ICES, out thereafter, regarding the amount
allowed him as insufficient, he declined on
that account to act further In the matter.
Ventured to Appoint Others.
II'1 however, the papers Of the city are
to be regarded as reliable, since the decE-
sioners have ventured ID appoint other
persons In his place. including as the chief
Mr. A. A. Birney, with ]. ]. Hemphill and
Walter voorhees, as HIS assistants. It is
matter of no small interest to the Dis
trfct, and the taxpayers generally, to
ascertain to what extent assumed or pre-
TENDED contracts can be made by the Com
hlssionerS, without designating amounts,
ana whether they can be made without
notlce, advertising OF opportunity for COM
petit:on. and whether the Commissioners
are invested with species Of favor.tism.
Wnicn, IN the absence Of express authority,
Will allow them to designate at their pleas
ure any person or persons they may see
mt to act as special attorneys for the Dis.
trlet m resardito the highway act
An Attorney ON SALARY.
II IS not to be forgotten that the Dis
triet has an attorney at a salary of 1000
per annum, and an assistant attorney at
$z'aOO per annum, and law clerk at a
salary OF 81 200 per annum, besides an at
torney in the Police Court That the COM
pensation Allowed these several persons
. may De lnsdfiicient may be readily admit
ted, out whether the real or supooseJ 10
nc1ency carr be legally supplied by man
tnorzed acts Or appointments is a matter
oI gene raj interest to the public
RESIDES" In view of the provisions of the
ACT OF congress which prohibits the ,,om
rnissioners from 1fncurrine or 'contractine
nanEnt'es on behalf of the Omitted States in
me Improvement. Of avenues streets and
reservations beyond the amount of appro-
pElatlonS previously. made By Conpress mr.
entering into any contract touching .s,eh
lmproVement on the behalf. of Tie .{yfiiteo
ntates, except in Pursuanceoof qappropria
uons made by Congress. = and also in view
y t me expnciI provision Of the, TACT Of Con-
sress tnat the Commissioners shall hays
no power to make contracts to bind SAT-,
Dislr!ct TIC The payment of any sum- *
cept IN pursuance of appropriations mad,
o oS.m nM ia. and not Hfaif snch ,apDIopriation.
uon arise whether the several. alleged an
pointments are of any force and If ma IL
whether they. do not involve charges Of
mafeasance in Office? - =
- other Aauestions Inyol.ed.
and should it not be further considered
whether contingent contracts can he made
at all by the Commissioners, ard whether
IL possible to be made, it can be done with
out being in writing and signed by the mar
ties making them, and without being filed
IN the office of the secretary of The District
inese matters are presented in no captions
spiit, put TO OBTAIN II possible, correct in
iorhation. ara more unhesitatinely he
cause during several years, while the boar
OF pubic works was in active operation I
aeted as It's attorney, and also as the at
terhey Tor the District, and necessarily
Ieei an interest in the avoidance of all
serious errors on behalf of the Commits
tFict. -. VAC Las
Indeed, iA-view of the Indebtedness of
.he hishway act, as regards the employ
meht OF attorneys and other matters and
the heavy expenditures connected with the
carrying out of the act, does it not become
serious question for the consideration of
III, ,ne commissioners and of the District
Whetner the act should not DE suspended
repeated or lGrg1Dly modified2'