Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-13
PROMISE A SENSATION
Counsel in Brennan Case Ask
for Witnesses.
PROCEEDINGS AT HEARING
Make Allegations Of Gross and Open
Discrimination.
CAPT. MARKHAM'S STATEMENT
Commissioner Mcfarland Replies to
Allusions to His omcial Action.
Details of Testimony.
CAPT. MARKHAM's STATEMENT


| ton by the Commissioners of charges
preferred by Patrick j. Brennan against
the engineer department of the Dis: riot
| was wing to a close Yesterday after
noon the statement was made by Attor-
ney Charles a. Douglas of counsel for
Brennan that II the Commissioners will
summon certain witnesses and compel
hem to testify under oath IL will be shown
| That not only has the Brennan company
been grossly and openly Disseminated
against. but developments of a sensational
nature will result
! Mr.. Douglas said his side of the case is
practically complete and that il could be
closed forthwith unless the Commissions
ers desired to go thoroughly into the mat
| ter AID conduct the investigation other
than as farce.
MIR. Brennan testified that lie was given
10 understand by Charles Fernald who
was until three weeks ago, assistant en-
gineer of highways. that his company
was too chinChy. and would have to put
| up money to get the work Brennan de-
clared this statement was made to him
When he went to see fernaid about the
awarding of $eOHs' worth of additional
work TO the Crawford Paving COMPANY
! which information he obtained from a
newspaper account.
The Commissioners announced at the
hearing Yesterday afternoon that they
Will summon any persons named by coyn-
sci for the Brennan company to testify
under oath In connection with this case
To Call for Witnesses.
Attorney Douglas said he expects TO fur
nish the Commissioners with list of
five or six persons to he summoned to
testify. According to MIR. Brennan, sew
era' OF them are employees of the Dis
trict.
The hearing is regarded by officials of
tn" District as one Of the most import ant
conducted by the Commissioners in recent
| years
Harold Davis Of the Brennan Company.
a witness for Mr.. Brennan was used to
explain the formal statement and charges
submitted by Mr.. Brennan in connection
wit, the case. During his narration of
the manner In which the contract in ques-
ton was awarded and while he was
endeavoring to explain why all the work
should have been awarded the Brennan
company, Commissioner Morrow inter-
rupted him and said
10 save the time o. the Commission
ers 1 move that all such foolish expert
testimony as advanced by Mr.. Davis be
omitted
At this point Attorney Douglas said:
whether not Mr. Davis expert tes-
tmony is foolish as termed bv the Enei-
neer Commissioner. it should be admitted
ana it should remain with the Commits
slOnerS TO determine later whether or moi
IS foolish. ! believe it is their sincere
desire to get at the facts, and the facts
are all We care to furnish
Capt. Markham Explains.
In connection with the charges. long
statement, IN answer, prepared by Capt
markham, assistant 10 the Engineer
commissioner. was read by him at the
nearing. He said that nothing was de-
Neioped which Tended to show that the
action OF the Commissioners i'm awarding
Inc contracts could have been different
Inc claim of the Brennan company was
mat II should be awarded all work of
sheet asphalt paving on which +. was
cent per square yard less than the Gran
lord company, and that the vitritied block
cutters only should be awarded to ii e
Crawford Paving Company, whose bid wa >
~ cents yard less for laying these gut
tiers than that of the Brennan company
The fmpracticability of this arrange
ment and its disadvantage to the interests
of the District of Columbia" Cap. Mark
ham said, were too apparent to need any
discussion" He added: 1.-The statement
was made that the reason the contract
for the two years work, 1907 and 1908.
was included in one contract was that the
District had been unsuccessful in getting
Il contract within the price limited in the
District apprNSria ton act for 1907. and ii
was necessary to secure legislation in
creasing this limit Of cost, which legisla-
tion was contained in the District appro-
priatiOn act for the fiscal year 1905 APP
proved March . 1907. 1t was necessary
to make the contract before the expiration
Of the fiscal year 1U7-June 30. 19OS-and
advertisements: for proposals was inserted
on the same date that the act was passed
In the specifications for the work cor
tain quantities OF sheet asphalt paving
and vitrified block cutters were named of
the work then contemplated, ana 1t was
stated that these quantities would be used
l,a INIT not
Had it not been for the necessity of ex-
petition in the matter of letting the con-
ltracts ii is possible that larger quantity
Of paving work would have been stated
in the specifications. this larger. quantity
being due to certain paving work in con-
nection with the elimination OF grade
crossings. about which. at that time. no
definite decision had been reached
Matter of Economy.
Subsequent to entering into the con-
tract ii was determined. as IA matter of
economy. to pave certain streets with
sheet asphalt, where the lines Or grade
were changed on account Of the grade
crossing work. and these streets were
allotted under the provisions of the con-
tract for sheet asphalt paving and in
strict accordance with their terms. name
. ly. that on streets where 1t was de-
. termined that vitrifed block cutters
should be laid the streets were awarded
TO the Crawford Paving company and
where no cutters were to be used to the
Brennan Company. these companies being
the lowest bidders on the respective
classes ofs this work.
The matter of determining winch
streets should be paved with cutters and
which without had been established
year previous to the letting of the con-
tract by orders issued by the Engineer
Commissioner and depended upon the
grade of the streets TO be paved and
other engineering considerations which
the interests of the District dictated. 1t
was because the Brennan company did
not secure as much of this work as II
thought il was entitled to that 1t made
its protest and is charging favoritism
What the Records Show.
1.-THE records will show that the Bren-
nan company has been awarded streets
under the appropriation for elimination
of grade crossings. amounting TO SllO 49,
| and the Crawford Paving Company. $135
III. The Brennan company claims that
eile Commissioners should revoke the
contracts awarded for sheet asphalt pave
ment for the fiscal years 1907 and 1908. in
view of the large amount OF WORK record
ed under the appropriation for elimina-
proposals for this work. and states that
of money. In this request the Brennan
company overlooks entirely the legal diff
fculties to which the District would be
in inla ntror a