The evening times., 1900-01-06
OLD CLAIMS UNADJUSTED
Auditor Petty's Statement to the
District Commissioners.
The Legacy Left the Municipal Au-
thorities by the Old Board of Pub
lie worLs-Congressio Action
ON N Number of Cases Suggested.
AggrasatinE Delay in the Courts.

ASSraNattnS Delay IN the courts
J. T. Petty. Auditor OF the District, has
brought to the attention OF the Commits
sioners a number Of matters in his Office
which should receive Congressional action.
These relate TO the claims OF former con-
tractors, the recovery OF interest illegally
paid, and the police and iremen's pension
arrearages. The Auditor states:
"It is a striking commentary upon the
laws delay that twenty-five years after the
Board OF Public Works became functus Of
ficio many OF the claims Of contractors,
which il left as a legacy TO its municipal
successors. remain unadjusted. The au-
tkority for their complete adjudication
conferred upon the Court of Claims by the
act OF June Is, 1880, seemed all that was
needed TO accomplish their settlement with
reasonable celerity; but today, nineteen
years after the enactment of that law, they
are still upon the docket, with no immedi-
ate prospect Of final adjustment
Sections and of the act of June 16,
1850. provide that judgments rendered in
the Secretary OF the Treasury by the clerk
and Chief Justice OF the Court of Claims,
respectively, and paid in the 3.65 bonds, is
sued under the act of June 20, 1874. This
provision was amended March 3, 1881, by
making IL optional with the Treasurer of
the United States. whenever, in his opin-
ion, ii Will be more advantageous for the
interest of the District of Columbia TO do
So TO sell the bonds for the satisfaction
of the judgments which may be rendered by
said Court of Claims under the provisions
OF said act, and pay the judgments from
the proceeds of said sales instead of de-
livering bonds to the judgment claimants,
as authorized in the original act.
"A recent occurrence has convinced me
that in the interest Of the District this pro-
vision should be still further amended by
requiring that all judgments rendered un-
der this act shall be reported to Congress,
and receive the approval Of that body be-
fore payment.
The case TO which I refer is that OF
contractor who received a judgment, based
upon the award of a referee, for S4.1S044.
The special attorney representing the Dis
trict of Columbia in the Court of Claims,
filed a motion for new trial, but while
this motion was pending the judgment was
certified to the Secretary of the Treasury,
for the principal and s3,536.23 for the in
terest. was issued 10 the attorney for the
claimant
Fortunately. a question arose as to the
date of the interest allowance, and being
submitted TO the Comptroller, his decision
was published ia the press as an item OF
news. This publication gave the first in
timation 10 the Districts representatives
that the judgment had been certified for
payment. and no time was lost in fling
protest against action in the premises by
the Treasurer OF the United States.
The check however. as already stated.
had been delivered but ii had not been
cashed Upon the representations made
the Treasurer ordered payment stopped
but he did not demand return OF the check,
and II Is today improperly. in my opinion.
in possession Of the claimants attorney.
Judgment In the case was rendered up
on the report of a referee. which. accord
ing 10 the brief OF the special attorney for
th, District. Is based wholly upon error
The brief % this special attorney. which
is an exceptionally able and well-coRsid-
cred paper shows most COnCsusively that
instead q the District being indebted TO
the claimant TO the amount OF 81 IS0. A. as
the referee found. the claimant owes the
District srtlss.
Reports Of these referees often display
such an extraordinary lack OF intelligent
appreciation Of the facts and their relation
% the cases under consideration that they
would cause profound amazement but for
their representative character as members
Of a class OF productions in which frequent
repetition dulls the edge OF surprise.
The late, but not 'lamented, act OF
February Is. 1895, was happily short-lived
-
il numbered the statute books long enough
TO cost an expenditure Of s63,697.3S, being
$50, ,50O.57 principal and s27,196.s1 interest
The principal representing allowances
made TO contractors of the Board OF Pub
lie Works in excess OF their contract rates,
was declared by the Supreme Court of the
United States, in decision rendered Feb
ruary Is, 1897, to be a pure and simple
gift
las the act aforesaid authorized this
gift however, the payment thereof In the
shape of the principal Of these so-called
claims was legal, and no criticism, except
of the law itself, is just but, in allowing
interest upon this gratuity, the special
attorney representing the District of Co.
lumbia contended that the Court of Claims
erred, and on appeal was sustained in this
contention by the United States Supreme
Court. Upon the rendition of this decision,
suits were instituted in the Court of Claims
for the recovery of this illegally paid in
terest, and / had hoped to be able to chron-
icle herein the fact OF their prosecution to
a successful issue, but in answer to a re-
cent enquiry / was advised, much to my
regret, that they are quietly reposing upon
The calendar of the court, apparently no
nearer to a conclusion than when the su-
preme tribunal of the land first set upon
their foreheads the seal of its condemna-
ton.
The act of June II, 1896, authorized the
use of the moneys derived from fines in
the Police sCourt TO meet any deficiency
which might occur in the payment of the
pension rolls from the reguar receipts of
the police and iremen's relief funds. Since
the enactment of this legislation allow
ances have been paid promptly and in full,
but prior thereto-that is to say, from
June 80, 1894, to May 81, 1S96-there was
a shortage, in round numbers, of $4,000.
This means that to this extent infrm
or disabled men who had given the
strength of their manhood and risked their
lives in defense of our homes, and the
widows and orphans of those who had died
in the public, service, had failed to receive
the full allotment (but small at besO
which had been made for their support.
The loss of this sum was severely felt,
and made 1t necessary for some of these
dependent ones TO incur obligations which
to this day they have been unable to meet"
Old Ironsides to BE Reconstructed.