Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-04-02
THE LIBRARY PLANS
CLAIM OF SMITHMEYER AND
PELz FOR COMPENSATION.
Senate Passes Bill to Refer the Case to
the United States Court
of Claims

The Senate today passed Senate bill 16I
for the relief of John L. Smithmeyer and
Paul J. PeIz. The bill gives authority to
the United States COurt of Claims to re-
hear and render judgment in the claim
of John l.. Smithmeyer and Paul J. Pelz
for compensation for their services in pre-
pairing the plans for the building for the
Library of Congress, and provides that no
prior settlement or adjudication of their
claim for compensation for that service
shall be q bar in the case. 1t also provides
that the measure of compensation shall be
awarded upon a quantum meruit basis for
al services rendered until their plans were
accepted by the United States; and in
the absence of express contract the rate
of compensation subsequently paid to the
claimants for their services In the con-
struction of the library building shall not
be evidence of the value of such services in
preparing the plans. The measure of COM
pensation shall not exceed the rates and
rules established by the custom and usage
of the profession of architects for such
services. The evidence that has been taken
and used by either party in the Court of
Claims shall be competent in this suit and
considered with such other evidence as
either party may introduce.
A bill similar to the above was favor
ably reported to the Senate from the COM
rittee on claims in the Fifty-hfth Congress-
Report on the Bill.
The report on the bill recites that with
proper authority the claimants devoted
their time as architects from 1878 until 1856
in the making of plans and drawings for
a building for the Library of Congress
During these thirteen years the claimants
prepared ten different plans, the first one
being in competition with twenty-seyen
other competitors. They We're awarded the
oriZp in this connection. The other
plans were of various styles of architecture,
for which they We're called upon from time
to time by the commissions and committees
of Congress. The plan finally adopted by
act of Congress of April 10, 1886, and re-
adopted in 1889 was for the present build
ing in the Italian renaissance style OF
architecture. The claimants, the committee
states make demand for compensation
for any of their work except this one
plan.
Inspected the Worlds Libraries.
The claimants in 1874 gave up their pr-
vate business as architects and until 1856
devoted themselves almost exclusively to
their work on these plans for the library
building. In 1882. Mr.. Smithmeyer travelled
extensively over this country and in Eu-
rope. visiting library buildings in New
York, Boston, Philadelphia, Baltimore,
Chicago, Liverpool, London, Paris, Berlin,
Vienna Dresden. Leipzig and Hanover, at
the request of the joint select committee
of Congress. for the purpose of obtaining
information in respect to the requirements
of the great library buildings of the world.
The act of 1856 adopting the plans of the
claimants created commission to carry
into execution the construction of the
building. Work was commenced on the
same in 1856.
From the 18th of April. 1886 when the
claimants plans We're adopted until DC
tober IL of that year, a period of six
months. the claimants were not employed
as architects of the building, but, on the
contrary, a portion of the work of construc
ton proceeded under the superintendent
of the commission without any superintend
ence by either of them. This clearly estab
fishes the fact, the report states, that the
making Of the plans and drawings and
their adoption by the government complet-
ed the service for which they had been en-
ployed by the government.
Amount Of the Claim.
The report says:
1.-The actual cost of the building is now
ascertained to be little more than Sc, 800,
900. Two and a half per cent of this sum