Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-07
THE STUTLER INQUIRY
Brief Filed in Case Today by
the Attorney.
EVIDENCE REVIEW ED
BELIEF EXPRESSED THAT
CHARG&s WERE DESTROYED.
Matter Submitted to the Commissioners
Upon the Testimony Adduced
at the Hearing.

Royal RoDlnSon a former contractor fOI
machine sweeping, was submitted to the
Commissioners by Judge Cole this after
noon and the Commissioners will now pro-
coed with a consideration of the testimony
and the records introduced In the case. II
is anticipated they will make their decision
in the matter about the LIST of October.
The attorneys, in fifty-two typewriter
pages, review the testimony adduced at the
inquiry relative to each of the sixteen
specifications Of the charges, and they de-
clare that there is no evidence tending to
establish any one of the sixteen counts.
The broad and comprehensive character OF
the investigation is mentioned. and 1t Is
stated that, according to strict rules OF
evidence, much Of the testimony given be-
fore the Commissioners would have been
ruled out.
With reference to the scope of the In
quiry the attorneys say:
"These observations are made only for
the purpose of reminding the Commission
ers that in disposing of the charges against
Mr.. Stutler they are not to consider Wheth-
er improvements in the conduct of that
business might or might not have been
made, but whether any Of the charges
against him have been sustained In this
connection we venture the assertion that
the very searching investigation made fails
to show any important deficiencies or ir-
regularities in that branch of the service,
and suggest few, if any, improvements
therein. But whether 1t does or not Is not
the question now under consideration.
The General Charge.
1.-The general charge against Mr.. Stutler
is maladministration. That Is subdivided
into general heads, consisting Of, first, ia
voring r. " Rusk, the contractor Tor ma
chine sweeping and the cleaning of unim-
proved streets and alleys by hand, at the
expense of the District and. second, OF
converting to his own use labor and prop
erty belonging to the District
The charges are presented and reviewed
In their order. The first specification re-
lates to the interest Mr. Stutler had In 1898
In the National Brush and Broom Com
pany, and this is pointed to as marking the
beginning of alleged business relations be-
tween Mr. Stutler and Contractor Rusk.
The brief mentions that Stutler testified
that his contribution to the company re-
ferred to was a patented invention or MS
consisting of broom clamp: that the Com
missioners aided him in having his appllca-
ton for patent made special and that the
understanding was that the District was to
have the clamp cheaper than other pur-
chasers Continuing, the brief says:
'Stutler says the company was IN exist
ence only about one year when 1t was
wound up, and neither he nor any otner
stockholder ever received any thlhs lloii
the assets of the company in the way OF
dividends or otherwise-that all the assets
were consumed in the payment OF napli-
tiles and that the company, in Whlch Rush
was interested, was wound up, Hush cun ~
tinufng the manufacture of bfooms' anu
that he (Stutler) had no interest Whatever
in that business after the winding up Oh .he
corporat ton 1t conclusively appears that
Robinson did not purchase me nlooilis ION
the company under any attempted compul-
cion on the part of Stutler, and that ne
does not claim that he DID, or II ne ooeS
his own testimony proves the contrary.
.Jt &c true and was admitted that the
District also bought about $500 worth OF
hrooms Of the company, and $50 worth
onIy of the patented clamp. Stutler nao
nothing to do with the buying OF the
brooms They were purchased Tor the DIS
trict through the Office of the property
clerk Stutler, however. testified that the
price paid the company for the brooms by
the District was 30 cents per dozen cheaper
than the District ever paid before FOR the
same class of brooms. or has paid since
until II commenced to manufacture its own
brooms
1T is worthy of notice here that upon
the advice and under the supervision OF
Stutler the District commenced the manu-
facture of it's own brooms and has con-
timed the same until the present time at
a very considerable saving.
"Jt NAV be added that this purchase of
the brooms from the company and Stutlers
connection with it were all with the knowl-
edge and approval of Mr.. Commissioner
Ross, but was subsequently discontinued
at his suggestion when his attention was
called by Stutler to the fact that some re-
mark had been made about it,
Second Specification.
The second specification charges that
Stutler favored Rusk by permitting him to
furnish boys, old men and broken-down
horses in the work of cleaning unimproved
streets, and also by giving him great
amount of extra work
With reference to this the attorneys pre-
sent the following:
THE contracts for unimproved street
cleaning have always provided for the fur
nishing of extra men, horses and carts by
the contractor when required The pro-
priety of this is shown by the fact that in
some seasons of the year there is more
work of that class than in otiiers-such as
in grass-pulling time and the snow and ice
season. The contract provides a force
sufficient only for the usual and ordinary
work. The wisdom of this arrangement Is
apparent from the fact that if the con-
tract provided sufficient force to do the
work in emergency time a portion of 1t
would be idle in ordinary times, and thus
unnecessarily increase expenses.
There was no evidence given tending to
show that the force provided for in the
contract was incompetent because of
broken down men and horses. On the con-
trary, the evidence of the inspectors and
others called as witnesses on the sugges-
and are generally competent and efficient.
Testimony of Boock.
THE evidence of Book was the only
testimony that varied any from what is
above stated, and that in the aggregate
was not Substantially different. 1t showed
no instance for any considerable time of
the continuance in the service of an inef-
fcient horse or man or boy. His hesitation,
contradictions of himself inability or re-
fusal to answer plain questions which he
ought to have been able to answer enti-
tied his testimony to little, If any weight
His inability to speak English we'll and
perhaps not very conciliatory disposition
seemed to have caused friction between
him and the men under his supervision
Suffers efforts to teach him the business
ana make an efficient man of him are en-
titled to consideration
'Ihe figures given in the twentieth speciti.
cation, admitted to be correct, have nc
probative force in themselves to show that
Rusk was at any time allowed an improper
necessary, rendered necessary by the in
efficiency of the regular force or was not
actually done.
"Of necessity Stutlcr had to rely upon the
reports OF these inspectors, as well as those
of the inspectors In the other branches OF
service in his department in large meas
ure. 1t was and is impossible for him to
give personal attention to many of the de-
tails of the service, except In a very gen.
eral way"