The times., 1901-06-09
AFFAIRS OF The DISTRICT
A Tax Refund Under the Act of
May IS, 1892.

Denial of n Claim for Extra Pay on
Construction of MRsSnchusctts
Avenue BridEe-New Appointments
Made in the Health Department.
The Attorney for the District A Il. Du-
van has submitted TO the Commissioners
an opinion upon the communication of T.
O. Hensey q Sons. attorneys for Blanche
Claughton West. requesting the refund
ing of the amount paid for the general
tax and interest against sub-lot 64, square
To- for the year ending June 20. 1896. Ii
appears from the statement of the AT
t5ruey that this lot was purchased by
Mrs West upon the faith of a certified
statement Of taxes, issued october 26, 1891
wherefvCm the tax for the year 1896 was
omitted. On September 9. 1892 the owner
desiring TO negotiate a new loan on this
lot, a new certified statement Of taxes
was obtained by her agents, upon which
the tax for 1895, $1515, was noted. Con
tinuing Mr.. Duyall says:
The certified statement of 1897, not be
ing in the possession Of her agents AT the
time. and unaware of its contents. they
paid the tax for 1896, which is now asked
TO be refunded. Under the act of Con-
gresg approved May Is, 1892. it is provided
that a certified statement of taxes when
furnished shall be a bar to the collection
and recovery from any subsequent pur-
chaser OF any tax or assessment omitted
from and which may be a lien upon the
real estate mentioned in the certificate.
and said lien shall be discharged as TO
such subsequent purchaser
i am of the opinion that the purchase
Of the property upon the faith of the
certified statement of taxes dated Octo-
ber %. 1897. discharged the lien Of the tax
of 1896: that as to Mrs. West there was
no tax for 1896 existing against this lot.
and that the payment by her September
il. 1888. should be refunded"
George L. Hamilton, attorney for the
Brennan Construction Company, recently
submitted 20 the Commissioners state
ment in support of the claim filed by the
company for extra compensation on ac-
count Of additional work in connection
with the Massachusetts Avenue Bridge 1t
was stated in the claim filed that changes
were made in the type of the bridge,
which caused extra work in the location
Of the abUtments and the character of the
excavation. The statement was a fun re-
view Of all the circumstances in the case,
in which IL was made to appear that the
claim was just and equitable.
After the receipt of this statement from
Mr.. Hamilton, pursuant to his request,
the Commissioners granted a hearing to
the parties interested, at which the mat
ter was distressed fully, and the views OF
the company set before the Board After
the consideration of the claims, Captain
Beach, the Engineer Commissioner, for
warded the following statement and rec
ommendation TO his associates upon the
Board:
The contract under which the claims
Tor extra compensation are made was en-
tered into with the Crawford Paving
Company, and the Brennan Construction
Company merely executed the work for
them. The CRAWFORD Paving Company,
when the design OF the bridge had been
definitely determined, accepted the sum OF
-. .iDJ as COMPENSATION for the extra eX-
pense involved by the change of type and
location and The Brennan Construction
Company was fully aware Of this when
they undertook the work.
Concerning the claim for a different
classificat is that material be
classified as rock because il had been
biasted-it may be stated that a permit
To blast was given only when the re-
moval OF the rock By this manner be-
came necessary. II has, however, al
ways been the custom to allow the con-
tractors TO work in the most economi-
cal manner possible and Mr.. Brennan
was allowed 10 blast material as an eco
nomical method of excavation for him,
which material could probably have been
removed without such means. As there
is no method Of testing the accuracy Of
the assistant engineers classification it
is believed the Commissioners viii have
TO abide by his decision in the matter.
Concerning the claim for excavation
of old timber. il is believed the claim is
equitable owing TO the fact of the unusu-
al nature OF the excavation and the in
creased cost Of removing il. but an in
creased compensation for this work is
distinctly prohibited by the terms Of the
contract and the only remedy will be
such relief as Congress may be disposed
10 give.
I recommend that the Brennan Con-
struction Company be informed that the
Commissioners. having carefully consid-
cred their claims have come to the con-