The Washington times., 1908-05-20
Want Commissioner MoroQU
Out of the Brennan Case
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from further consideration of the case,
/ Mr.. DougIess said:
| Gentlemen OF the board, in the dis
| charge of my duty TO my clients here,
| the Beau Construction Co..,pany and
| the Brennan Construction Company, IL
| becomes necessary for me 10 challenge
/ the qualifications Of the Engineer Com
/ missioner to sit as one of the Judges in
| the investigation OF these charges.
In doing so. I make no reflection
/ whatever upon the integrity OF the En-
/ gineer COmmissiOner-that GOES without
/ saying. In the criticism that We have
/ heretofore passed upon him, we IA so
/ reluctantly, and at that time without
/ intending to cast the slightest az per-
! sion upon the good faith or upon the
/ good motives that actua-ed the Engi-
I neer Commissioner.
In the first place. the Engineer De-
/ partment of the District government is
under investigation; to a dr gree it might
/ be said to be under fire. 1t is being
subjected 10 the investigating probe of
/ the whole Board Of Commissioners: aud
| / think, In his mistaken zeal. the En-
/ g1neer Commissioner has taken the
wrong road here. He has assured to be
which he presides; that IS. in motive,
and in sentiment and in pride, always
I 10 be commended and always commend
able. but the Engineer Department did
/ not need and should not have, at tine
hands of one of your board while you
/ are sitting as board OF investigation,
a champion or a defender. If il needed
defense II should come from some other
source. and not from one of the Judges.
throughout this investigation il has
| been perfectly obvious that the Enginser
d IN EfF
I defender. over and over again We have
| had the spectacle of one of the Judges,
| sitting in The trial of the proceedings,
! testifying in piecemeai here and there.
| al different points in the record. in an
SWer to various statements made by
various witnesses.
1t is perfectly obvious that this hear
I ing cannot 90 forward with the COM
/ pleteness that the public conscience de-
mands without the Engineer Commits
sioner himself testifying.
II that be true, then the spectacle
would be most unique and one most
unusual, OF one OF the three investigfs-
/ tors and judges being himself a wit
ness in the case, and then in turn sit
/ ting in judgment upon his own testt-
mOuy as well as the testimony or Oyh-
| eTs. Sharp issues Of veracity have al
| ready been presented here; or at least,
| very decided and positive differences OF
| recollection as TO facts between the
! representatives of the Brennan Con-
| struction Company, on the one side,
and Captain Markham and the Ensi-
/ ueer Commissioner on the other
Questions Biased.
'If you take the record from its in
/ ception down to the present time, and
/ you take the questions asked ay the
/ Engineer Commissioner and even those
4 asked by Captain Markham, and take
/ the very structure of the questions and
| closed your eyes TO the question IS 10
! who was propounding those questions, l
/ submit, you would assume they we're
/ the questions OF a partisan attorney
I not only for the Engineer Department
! generally, but for the particular man
! charged here. Mr.. Fernald.
! IF that be the attitude Of the Engi-
/ neer Commissioner / submit he is dis
/ qualified from sitting ia Judgment upon
1 this case, and no verdict rendered by
! this Board OF Commissioners viii meet
! the expectations of the public.
Further, il has been developed here
/ beyond doubt that whether there is Ia
Vortism in the Engineer Department,
discrimination and unjust discrimination
/ against the Brennan Construction Com
! many or. not that there has been re-
( markable and marked evidence that
| seems to at least justify that charge in
part even b. the attitude OF the Engl-
/ neer Commissioner htms5it. Not that
/ ne would be conscious OF doing SO, but
! il has Leen developed here beyond any
/ sort OF doubt that the Engineer Commits
/ sioner has most intense dislike OF the
! president OF the Brennan CONSTRUCTION
! Company. and has not seen proper 10
| control himself In making those an
| nOuncements, even while we were in rits
! progress Of carrying through there prV-
! ceedlngs.
Thinks Facts Established
! Furthermore. his conducr toward the
| other officers of the Brennan Construc-
! ton Company develops thaL Eact beyond
/ any sort OF doubt. Mr.. Davis the en-
! gineer of the Brennan Construction
/ Company. had not been on the stand
/ half an hour before the Engineer Com
missioner was charging him with de-
| nberately quibbling with the Commits
/ sioners.
I've let that pass. and when Mr.
! Johnson. the superintendent, was put
upon the witness stand. he charged HIM
with acknowledgements the words-try-
! ing to deceive the Commissioners.
Then. yesterday afternoon when Mr..
Smith was on the stand, while MI
/ Morrow sat in his seat as one Of the
| Judges here, he denounced Brennan as
| a liar, and directed II TO be recorded
| in the minutes of these proceedings.
| I'm view of these facts, we submit
/ he is not in the position or mental con-
dition that Will enable him 10 pass
/ without bias upon the issues presented
/ here. 1 make no reflection upon Major
| Morrow. I think If this matter were
| presented to our courts across tbs
| street. and it appeared that there WCa
| hostility between the judge who wa
| 10 try the case and the plaintih Or de
] PENDANT. however justinabie that hos
| tility or feeling Of enmity might be, the
| judge would not sit in the trial, and ]
/ believe when this matter IS presented
/ to Commissioner Morrow, without in
] tending Tho slightest offense, he viii
/ see the propTiety and the force and
! effect of the position we here take and
| we are compelled to take it because OF
| the discharge Of the duty which is in
! cUmbent upon US here.
Willing to Continue.
I'VE are perfectly willing TO go for
ward with this investigation with the
| other two Commissioners sitting. If the
| Commissioners cannot see their way
! clear to do that, then We suggest the
/ propriety of the Commissioners request
| ing the President of the United States
| to appoint an investigator to investigate
| these departments or this particular de-
/ partment, so that it cannot hereafter be
| said that through fear or favor, OF
! through bias or affection, this investi-
/ CATION did not go TO the uttermOSt limit
/ "a ed