The Washington times., 1908-12-28
Admit Accuracy of
Disclosures in The
Times Sunday.
HELD UP
ONLY THIS MONTH
Legal Battle Between P. /. Brennan
and District Authorities
Now Is Expected.

The engineer department of the
District today confirmed the dis
closure made in the Sunday eveuing
edition Of The Times, Of the fact
that the Brennan Construction Com
pany had been overpaid about $50
Goo on street repair work. The de-
partment admitted that this over
payment, extending through four
years, was the result Of a mistake
in the original measurement OF the
Brennan asphalt cart and an unau-
thorized change in the method Of
measuring asphalt
Charles Fenald, formerly assist
ant engineer Of the District, and T,
c. J. Bailey, jr., now in the sewer
department Of the District, are The
two officials who, it is said, turned
in the mistaken measurement
PLACING THE BLAME
Engineer Com missioner Cosby,
in addition to the above statement,
said his Office had not yet discOv-
cred how the mistake had been
made, nor by whose authority a
change in measuring the asphalt al
the plant instead of at the time It
was put down, had been made
The Engineer Commissions. he
said, bad given no such authority
He kn5w or no one else who had
the right to grant such.
Legal Steps Planned.
Commissioner Cosby said that the Dis
trict would take legal steps to recover
from the Brennan Construction Com
pany any amount shown 70 have been
overDaid them. at the same time giving
the company a chance TO prove its con
tentions.
Mr.. Bailey, who was one Of the Of
cials who made the original measure
ment OF the batch al the Brennan
plant. declined this morning to com
ment upon how the Grange had been
authorized
Major Cosby, in addition to The iSsu-
ance OF a short statement. pending a
more complete report 10 the entire
Board Of Commissioners. said that The
( statement issued by Assistant Engineer
Markham last night covered the investi-
I cations Of the department 20 date
New Developments.
1 Since the publication in The Times of
yesterday that the Brennan Company
/ haJ been considerably OverpaId on its
| street repair contracts, and that it was
reported that a change in the method Of
measurement had been adopted by TIE
inspecting department four years ago at
/ Mr.. Brennan's suggestion, the follow
/ ing facts have developed
/ Major Morrow, then Engineer COmmis-
sioner, begin his investigation of the
| Brennan pay Sments in May last, but>aot
until Decor Der 8 did the District be-
| sin to hold back payment on a consid-
| erabIe part Of the Brenan bills. on the
! theory that disclosures lad warranted
it
| On the first Of this month, the Brer-
nan Company was paid sums aEgregaJ-
/ ing nearly $1,000 for street repair work.
! The Engineer Department, in the Iigat
OF its Investigations, withheld . per
/ cent on the vouchers An official OF the
/ department said this morning that this
| was done for safety
Delayed for Months.
! Notwithstanding the fact that the in
4 vestigations Of the alleged overpayments
! began in May last. not until Decembe-
/ did the department NEE sure the defec-
| tive box. and ascertain t-lat, contrary TO
I the practice OF nearly twenty years. the
| Brennan asphalt was being measured as
/ it left the plant In a hct, fluffy cJn-
\ dition, and not when il arrived on ns
/ street. at which latter time it had as
( sumed its real cubic bulk
| A decrease Of nearly a cubic foot in
/ cart holding slightly over nine feet 5
/ said to have occurred between the time
| the asphalt left the plant and the time
/ it reached the spot at which it was
| being used
| The Brennan company has been paid
/ on the basis OF the fluffy" OF SUPER
/ heated bulk These payments have
been continued on this basis during the
I time Of the investigation, from May to
( December. II was explained BY the En-
/ gineer Commissioner this morning. how
| ever, that the department wished TO
/ proceed slowly and that it regarded the
I full payments as safe. in view OF the
| money belonging 10 Brennan that had
/ been held out and which is now in the
7 Districts possession
/ Brennan'S Charge
! p / Brennan president of the Rrs,-