Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-29
HAMS TROUBLES TOLD AS BLOW At FRATS TO DECIDE NEXT STEP|
Ws High So Corporation Counsel Receives
in cetes Be in Sight, Papers,
REID IS WITNESS COMMITTEE MAKES REPORT Twill UNA
msH sbanTd Him in CmtL
of Measure
men uded HASH
for Last
Corporation Counsel Receives
Brennan Papers.
WILL UNRAVEL THE TANGLE
Contractor to Fight Any Attempt to
Withhold Money.
LEGAL BATTLE IS PROMISED
Contention That System of Measure
ment Now Criticised Has Been
Followed for Last 20 Years.

| Followed for Last 20 Years.
| To Corporation Counsel Thomas has
been referred the tangle which the in
vestigatipn into the alleged overpayment
of between $4,000 and 100000 to the
| Brennan Construction Company unearth-
| ed. With him rests the determination of
the next step to be taken in the matter.
! To the announcement of the District
| Commissioners that they will take imme-
! date steps to recover the alleged over
payments P. J. Brennan, president OF
the Brennan Construction Company, re-
| piled today that he will fight any effort
to withhold on the ground that he has
been overpaid money that is owing him.
| Therefore the investigation promises to
| result in a legal battle between the
| District and the contractor.
Compulsion Of Report.
! The report Of the investigation by the
| engineer department Of the District gov
eminent, made yesterday by Capt. Mark
ham. assistant engineer commissioner.
| has been referred to the corporation
counsel. In its conclusions and recon-
| mendations, 1t Is understood, important
| legal questions are involved Until the
corporation counsel determines that 1t Is
in accordance with proper legal principles
| it will not be signed by the engineer
department officials and made matter
| of record. Although it is practically
completed. it will not be made public until
passed upon by the Districts legal
adviser.
Maj Spencer Cosby. Engineer Commits
| sion. has also received a copy of the re-
port from Capt. Markham and he is
spending this afternoon going over 1t
! carefully and trying to get at the bottom
| of the measurement system under which
it is claimed the overpayments were made
possible.
Authority for Measurements.
| 1t was learned this morning from off,
Gals of the engineer department conduct
| ing the investigation of the system that
the point at issue is the authority by
| which the measurement at the Brennan
asphalt plant were made i'm 1904. These
| measurements have been used as the basis
| for payments to the Brennan Construction
| Company since that time.
1t is explained that the Brennan Con-
| struction Company has been paid GER
| tain price for each batch" of asphalt
| used In street-repair work The In
| spectOrs at the plant since 1904 have re-
ported to the engineer department the
number of catches" turned out from the
| plant for District work. This number
| has been multiplied by the measurement
| of BATCH, as fixed i'm 1904. to deter
mine for what quantity of asphalt the
| District should pay. If there was mis-
! take in those mea surements, 1t is con-
| tended. there has been overpayment: If
| those measurements are correct or have
been properly authorized correct for
| the payments to the Brennan company,
| then there has been no overpayment.
Contention by Engineer Department.
| The engineer department contends that
| the recent investigations showed that the
measurements were incorrect and that
there was no proper authorization from
the heads of the engineering department
for the use of the measurements.
According to oficials of the engineer
ing department., the measurements were
made by A. w. Dow, then inspector of
| Charles Fernald and two inspectors who
were then stationed at the Brennan
plant. 1t is further stated that Mr.. Bail
ey, who Is now an employe of the sewer
department at that time and had little
to do with the compilation Of the meas
uremefts as reported to the District COY
eminent.
Measured Just After Loading.
| In making the measurements, 1t Is ex-
planned by the Engineer Department. the
inspector took the dimensions of a
batch just after it had been dumped
into a cart from the mixing box and
when it was "hufed' up. Formerly the
measurements were taken of a batch
| after ut had been hauled along the streets
for thirty blocks, and had been shaken
| down.
| AS to what authority the inspectors
/ hc,<l f~r pIri.,
tenn OF taking measurements, the engi-
| neering department Is in the dark. The
claims of both Mr.. Brennan and of A..
W. Dow. who headed the commission
that made the measurements. are that it
was authorized by Col. Biddle then Engi-
neer Commissioner. The engineer depart
ment, however, contends that Col Bid
| die gave no such authorize ton. or, II he
| did, it was given under misunderstand-
| ing of the situation.
In Vogue for Twenty Years.
| The system of measurement of patches"
of asphalt, which the engineering depart
ment now contends is wrong, has been in
vogue for the past twenty years. and II
the Brennan Construction Company has
been overpaid during the past four years
the contractors who furnished the asphalt
for the District during the past twenty
years have all been overpaid. is a state
ment today by p. J. Brennan. president
of the Brennan Construction Company.
| II was with the Crawford Paving Com
pany for many years before ! started
my own plant. and l know that the as.
phalt was measured In the carts at the
plant for the past twenty years." Mr.
Brennan said. There Is no doubt about
| that. When the new measurements were
| taker four years ago the same system
was followed as had been followed for
! twenty years past. And If there has been
| overpayment to me there was overpay-
ment to the other companies from whom
the District bought asphalt for twenty
years
Advised to Protest
| When the members of the commission
that made the measurements finished their
| work Mr.. Dow came to me and told me
that l ought to protest against the al
lowance of the commission per batch. He
said that I was entitled to lO3 cubic
feey per batch. but said the commission
had determined to allow me only 9S cubic
feet. l told him that l must abide by
i the decision of the commission and &C.
| cepted the allowances.
II made all my estimates on the figures
| established by that commission, and the
| contract under which l am now working
was based on the figures. If the figures
had been different MY estimates would
have been different
Mr.. Brennan contends that the District