The Washington times., 1908-12-28

NerSy as an eftOrt on the part or the
Engineer department 10 put his con-
Germ out Of business. The change in
measurements, he says, was inaugural
ed by a commission appointed by the
Engineer Commissioner in 1904.
Not His Suggestion.
Mr.. Brennan said this afternoon that
he had nothing TO add to his formal
statement, except that he had conversed
with y. W. Dow, now in New York.
over the telephone and that Mr.. Dow
had confirmed his assertion that the
then Engineer Commissioner Biddle had
appointed the commission. headed by
Dow to make the original cart meas
urements at the Brennan plant Mr..
Brennan denies emphatically that the
change was at his suggestion.
Mr. Dow is now a consulting special
ist on asphalt pavement in New York
city. He was inspector Of asphalts for
the District at the time OF the change.
y legal battle seems imminent to-
day between the Brennan company and
the District, in view of Major COsby's
statement that the District Will not lose
anything in view OF the transactions.
The matter Of recovering the money is
10 be submitted TO the Corporation Coun-
sci Immediately upon the completion OF
tie full report of hte Commissioners,
which Is promised probably late this
afternoon.
Officials Of the District government
were unanimous in their statements to-
day that for four years the District has
mace payments to the Brennan COM
1any on the supposition that they were
paying for the net cubic bulk as re-
ceived On the street. Not until recently
did the department. become cognizant
of the fact that for nearly four years
the asphalt had been measured as IL
left the plant and before IL had settled
10 its true consistency.
Officials All Busy.
capt L. NJ. Markham, Assistant En-
ginear Commissioner, has been busy the
entire morning I'm dcIvinS into the intri-
oac!es Of the measurement system and
consultations. between the Engineer
commissioner and Captain MARKHAM,
have been frequent Commissioner
West has also called for considerable
information about the vouchers received
hy the Brennan Company and Auditor
TweedaIe mas had his hands full
Major Cosby was asked point blank
if ne could explain how mistake in the
measurements could have occurred.
That is something We would like TO
know, and which we haven't found out
vet"
Original Measurements.
Who made the original measurements
Of the hatch or Brennan cart four
Years ago" ne was asked.
Tho response.
Is there any report in the Engineer
Commissioners office showing that
these officials CT \. w. Dow. then in
spector Of aspEalts, ordered a change
in the plan OF making the measure
mcnts?' he was asked.
we have been unable to find such
thing. he replied.
Gould such a thing have been or
dered without the sanction of the En-
Eineer Commissioner if done IN the reg
ular way2''
Major Cosby ssId he didn't see how It
could.
Both Commissioners MaCfarland and
West are awaiting the formal report
and investigation Of the Engineer Com
missioner before announcing definitely
the course Of the board in the matter.
That the overpayments have been made
IS not denied by any Of the Commits
sioners. The office Of the Engineer
Commissioner, however. is stjH grap-
rlinE with the problem Of just how the
new system of measurement. said to
have produced the short cubic bulk,
came into vogue and who were the in
siieators Of it.
Inspectors Not Blamed.
Major CO~oy and Assistant Engineer
Commissioner Markham absolvei the
inspectors proper from blame in the
matter his morning. They had based
their computations at the repair point,
he said. on the number Of matches"
oT original measuring boxes, reported
az being In eacn CARLOAD. Had the
original measurement been made after
the asphalt settled. and not in its less
cohesive state, there could have been
10 Ove-measurement and overpayment.
Mr. Brennan. supplementary to the
statement given The Times yesterday
afternoon. has made the following state
ment:
The District o. Columbia Engineer
department can not Drive us out OF busi-
ness.
The claim that they have overpaid
us is rij:>ulous. AS matter of fact
they, OF it. as the case may be. now
owe US nearly $4,000.
Under paragraph seven Of general
stiDulatiOns of our contract with the
District of Columbia Il is provided that
inspectors may be appointed, who shall
have avcess to all parts Of the work at
al times, and whose duty it shall be to
point out to the contractors any neglect
or disregard OF the specification of con-
tracts snd, further. that upon all tech
nical questions concerning the execution
Of the work IN accordance with the
specifications and the measurements
thereof, the decision of the engineer
shall be final
Commissioners Named.
Acting under this clause OF the ON
tract. the Engineer Commissioner. in
April, 1904, at that time Colonel BfddIe.
appointed a commission. composed OF
Major Mum. Assistant Engineer Com
missioner; c 3. Hunt. engineer Of high
ways; a w Dow, inspector OF asphalt
and cements, and I. G. J. Bailey, tr..
and Charles Fernald, assistant engi-
neers to the Engineer Commissioner, to
q ~ -frRr,