Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-14
Brennan Construction Com.
pany Makes a Request.
STEP IN INVESTIGATION
Says Point of Inquiry Is the Matter
of Favoritism.
OPPOSITION TO SIDE.TRACKING
Commissioners Approve Reply
Framed by Maj. Morrow to
the Communication.

attorneys Douglas. Baker and Sherril
for the Brennan Construction Company
forwarded to the Commissioners today
the names OF persons to be subpoenaed to
testify under oath to facts alleged to have
an important bearing upon the conduct
of Charles Fernald during his connection
with the District government as assistant
engineer of highways.
The names as furnished are Joseph II.
Bradley Warren F. Brenizer, W. 8.
Washington Terminal Company;
Charles McDermott of McMullen G. Nc
Dermott Construction Company: Fred 9.
Smith, Percy Crawford. Crawford Paving
company: Joseph Fl. Crawford Crawford
Paving Company: p. J. Brennan. Charles
Company: Edward B. Johnson.
Brennan Construction Company: r. j.
Beall. jr.. Truman l. yelling and Edward
l.. Hillyer.
In a letter to the Commissioners ac-
companying the list OF names counsel for
the Brennan company state that they
have every reason to believe that II ex-
amined under oath the persons named will
corroborate statements made by members
of the Brennan Arm at the investigation
relating to the conduct Of Mr.. Fernald.
I'm this connection" 1t Is added, I'VE
desire to state that the point OF inquiry in
the present hearing. as shown by the
formal charges filed, is whether or not
ford Paving Company In the award OF
the contract of March 90 1907, and sub
seQuently OF a large amount of new work
without advertisement or competition.
Charges Of Favoritism.
Our clients have not filed any charges
involving the general conduct of Charles
Fernald while connected with the Dis
trict government. All of the testimony at
our disposal proving or tending to prove
Mr.. Fernald's connection with the award
of the said CONTRACT and new work has
been introduced already. and. as stated.
Is considered by us as merely incidental
to the main charges OF favoritism.
I'VE must therefore strenuously urge
that the questions involved In the charges
filed only be considered In the hearing
now in progress. and that those issues be
an Investigation Of the general conduct OF
Mr.. Fernald while an official Of the Dis
trict Of Columbia.
We do not. therefore. request that
these witnesses be summoned to appear
at the hearing set for Friday. the 18th
instant.
Should the Commissioners themselves
or the district attorney determine upon
an investigation of Mr.. Fernald's con-
duct, our clients stand ready. as law
abiding citizens and taxpayers, to rem
der such aid as may lie in their power.
but. as already stated. We must ear
nestly request that such investigation.
II had. shall be entirely separate from
the investigation now in progress"
Maj. Morrow Frames Reply.
Commissioner Morrow. to whom the
communication was referred, made the
following motion, which was Immediately
approved by the other Commissioners:
Il move the writer's be advised that, in
view OF the testimony submitted by them
at the first session of this hearing. held
May II. the Commissioners are a the
opinion that the matters referred to in
their letter cannot be segregated as they
suggest and that they be further informed
that the Commissioners will continue the
hearing. as already arranged. at 10 o'clock
Friday morning. to be adjourned at or
before / o'clock on that date until 10
o'clock on Saturday morning. following.
and that the witnesses named in the list
furnished by them will be served with
subpoenas to appear before the Commits
sioners at the latter date. and In addition
thereto a subpoena will also be served on
Mr.. Charles Fernald.
Substantiation Of Allegations.
Further. that they be requested to be
prepared the morning of Saturday, the
18th instant. to provide the Commission
ers with all the information at their dis
posal looking to the substantiation Of the
allegations made by Mr. Charles A. Doug
las at the hearing May IL, where ne
stated. publicly and deliberately. that IL
this board OF Commissioners have au-
thortty and power to summon witnesses,
and will summon witnesses. whose names
We will furnish. we will undertake to es-
tablish positively and distinctly corrup-
ton on the part Of Mr.. Fernald influencing
his conduct In the discharge Of public
duties
IT further move that the secretary OF
the board of Commissioners have prepared
and served subpoenas on the witnesses
given in the list above referred to. and
that he have a letter embodying the above