Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-09

a gift from John Wainwright, jr. local
superintendent of the Drake and Stra.ton
Company, contractors with the Pennsyi
vania Railroad Company, and $500 in
loan from +. j. Brennan. president of the
Brennan Construction Company. contrac-
toTs with the District of Columbia, which
let's alone had been previously considered
by the Commissioners s reasons enough
IL warrant them in requesting his res1S-
nation.
Bank Account Increased.
THE evidence indicates that Fernald
received at least $3.50 more from Wa IL
wright and that his bank account was un-
accountably increased to a large amount,
aggregating over $4,000 in three and one
half years. although it was not proved
that he had received the sum of $500,
which it was said he had admitted receiv-
ing from another contractor with the Dis
trict of Columbia. McDermott of the Nc
Mullen & McDermott Company. Fernald
having declined To test ~ as to these
transactions, the Commissioners referred
his case together with the testimony
taken in the inquiry, to the United States
attorney for the District OF Columbia TOR
such action as he might deem proper, ana
McDermott having failed to answer the
subpoena of the Commiss oners to appear.
the Commissioners informed the United
States attorney for the District of Column
hia of that fact.
1T ought to be thoroughly understood
that no other evidence of alleged corrup-
ton OH the part of any employe of the en-
gineer department was given, although
direct questions were asked of al the
contractors and other witnesses who APP
peared with Il view to elcitins such in
formation if there was any. There was
not thc slightest intimation that there
was any system of grating such as has
been d scovered in other municipalities IN
similar Investigations. The allegations
were confined to one man and Indicated
no collision or cooperation with him on
the part Of any one else In consideration
of graft in any form. AT worst, 1t was
a sporadic case of dishonesty SUCH as
might occur in any private corporation.
Second Glass of Charges.
AS to the second class of charges. be-
yond what was involved in the allegations
against Fernald, there was no warrant IN
ne testimony for the assertion that any
official or employee of the engineer depart
ment had been guilty of favoring one
contractor over another; or of giving Ia
vor to any one else i'll any sinister sense:
The opinion of the corporation counsel
shows that the different acts of the en-
gipeer department with respect to the con-
tracts in question We're legal and proper.
and it does not appear that the d1scretlon
exercised by the Commits Sioners or SuDor-
dinates in the engineer department was
influenced by favoritsm toward a par
ticular contractor The legal exercise OF
discretion will benefit the person in whose
favor the decision is made, and this. OF
course happened in the case under exami-
nation, but this does not support the
charge of favoritism. since the interests
Of the public We're the prime cOnsldera-
ton according to the testimony.
at the same time the Commissioners
cannot approve as "a matter of admins
tration the issuance of orders for street
paving in advance of the delivery of the
grade sheets which was the consumma-
tion of the orders upon which work ac-
tlIaIIv began. or in advance of the appro-
Driations actually made and available. The
OF hers in controversy were issued honestly
and with a view to the interests of the
District of Columbia. and not of the con-
tractors. and according to "A custom OF
ordering work in advance, but they should
not have heen issued except when the
| imc had come to do the work and when
there was money available for that pur-
pose. No work was ordered except work
that ought to be done, and the orders
We're given to the proper contractor, but
IL ought to have been ordered differently.
The Commissioners. in accordance with
the regular practice of the engineer de
partment. and upon the advice OF the
corporation counsel, have directed that
.Qnexecuted orders amounting to $4,000 in
round numbers for work which could
not be done in the fiscal year 1908 shall
he cancelled. and that amount of work
for the new fiscal year. 1t appears that
these orders We're not regarded as bind
ing contracts and acqufescence has been
made by the contractor in the cancella-
ton of this portion of them. In 60 far
they were limited to the fiscal year
1905. they were properly given to the con-
tractors fer that year. and the work re-
sluired no readvertisement. In the future
advance orders viii not be given con-
tractors.
Paving of 1st Street.
AS to the specific charges of the Bean
Construction Company respecting the
opening of bids for paving LIST street. the
commissioners before the formal hearing
1T the instance of the auditor, had provid-
I'd that hereafter no contracts amounting
10 more than S1.eO0 should be awarded
without formal. advertisement and the
opening of bids in public at an hour and
a day certain. The Commissioners dis
approve the method which was observed
in the matter OF the LIST street bids al
though they realize that the engineer de-
partment believed that it was warranted
by law and custom, and was in the public
interest
AS to the filling OF the public space
i'll the plaza before the Union station.
the Commissioners believe that that por-
lion OF the work for which the District
paid ought to- have been advertised and
he contract given to the lowest respon-
sible bidder, even il the work had cost
more. In this case as In other cases the
engineer department took informal action
such as private corporations take and with
the same end in view, to make the best
bargain possible. both IN time. and money.
hut In the judgment OF the Commissioners
municipal corporations cannot follow the
practice OF private corporations I'm such
way, but even at the risk of greater cost
must always act by means OF advertised
competitive bidding and public awards,
and 50 prevent such suspicious as have
arisen in the matters which have been
under inquiry What is called red
tape il often inconvenient. and hamper
Tag by delay. and sometimes more ex-
pensive than the shorter informal meth
eds used by private corporations. but a
municipal corporation ought to avoid the
very appearance OF evil and be above
suspicion"