Evening star., 1902-04-18
THE FINAL HEARIN G.
CLAIM OF SMITHMEYER & PELZ
FOR SERVICES.
Mr. George C. Gorham as Counsel for
Claimants Explains Conditions
of the Case.

The House committee on claims gae
final hearing yesterday in the matter of
the claim made by Messrs John L. Smith
meyer and Paul J. Pelz for compensation
for their services In preparing the plans
for the building for the Library of Con-
gress. The claimants desire that the Unit
ed States Court Of Claims be given juris-
diction to rehear and render judgment on
the claim. Mr. George c. Gorham appeared
as counsel for the claimants and explained
to the committee the conditions on which
the claim is based. He explained how the
plans of Messrs. Pelz and Smithmeyer
were finally accepted and commission
created to carry on the construction of the
library building, the claimants plans be-
ing delivered to this commission and their
employment then ceasing. Six months later
Smthmeyer and Pelz accepted employ
ment by the government as architects su-
perntending the construction of the build
ing at salaries of 5000 and $1,000, respect
lively. 1T is admitted said Mr.. Gorham,
"that if Mr.. Smithmeyer had not, after an
interval of six months, accepted this en-
ployment with Mr.. Pelz as his assistant
the claimants would have been entitled, un-
der the rule of the American Institute of
Architects, to 2la per cent of the cost of the
building, which was S6,5O0,OOO, their per-
centage amounting in such case to S162, 500,
less So, 300 for specification which could not
be made, owing to the indecision of the
government in selecting certain building
materials
Indebtedness Cut Down.
Under former decision Of the Court of
Claim" continued Mr.. Gqham, 1.-The In
debtedness to the claimants of $159,2OO was
cut down to $4,000 because six months af-
ter they had earned the larger amount,
and were fully entitled to it, they had in an
evil hour accepted further employment by
the government as individuals as architects
in the construction of the building at the
salaries named. l would call the attention
of the committee most emphatically to this
condition of affairs and emphasize the fact
that there was no suggestion that by ac-
cepting these salaries they would surrender
sill 200, for which they had served for
twelve years.
'"There never has been a case where such
action has been held to constitute waiver
and not suspecting the calamity they were
bringing upon themselves, they entered
upon their new work. Mr.. Gorham said
that his clients were not asked to waive
any portion Of their claim and they GER
tanly did not voluntarily make the gov
ernment a present of so large an amount of
money as Sill 200 He characterized such
an action, if done consciously, as the act of
an insane person. He called to the COM
mittee's attention that the Court of Claims,
in their investigation, found that the cost
of draughtsmen, clerks and office rent was
usually about 80 per cent of the gross re-
cepts of an architects office. In this
case argued Mr.. Gorham, the expenses
of the claimants would on that basis have
been $4,000, $31 600 more than the judg-
ment rendered in. their favor by the Court
of Claims
The Position Of Congress.
Mr. Gorham declared that Congress stood
in the place Of proprietor Of the library
building and consequently was in position
to remedy the great injustice done the men
who had given a lifes work to further the
erection and completion Of the most mag
nifcent building of it's kind in the world.
He said Messrs. Smithmeyer and Pelz We're
not men Of affairs and had injured them
selves through lack of business shrewdness
and foresight. II do not think. gentlemen y
said Mr. Gorham, very earnestly, that any
honorable man would consentsto enjoy the
benefit Of such an accident as l have de-
scrfbed, and 1t seems reasonable to sup
pose that the government would be unwill-
ing to retain in its treasury money which
in good faith and fairness and equity be-
longs to the claimants Mr. Gorham, to
illustrate how his clients had suffered from
circumlocution methods. said that the judg-
ment for $4,000 rendered by the Court of
Claims In favor of the claimants was paid
in March, 1893, nineteen years after the
plans and seven years after these same
plans were adopted by Congress and used
in the construction Of the buildings. In
consideration of the facts above stated" "
and Pelz appeal to Congress with confidence
60 right great wrong arising from legal
technicality heretofore unknown and which
they could no more have guarded against
than can mariner against an unknown
hidden rock in smooth sea-"