Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-20
OPPOSES MORROW
AS INVESTIGATOR
Attorney Causes Sensational
Climax at Hearing.
MAKES TWO SUGGESTIONS
Says the Commissioner Assumes Role
of Defendant.
ASKS RETIREMENT FROM BOARD
Head of Districts Engineer Depart
rnent Concludes to Take No
Part in Deciding the
Charges of Fa-
voritism.
MAKES TWO SUGGESTIONS
Saws the Commissioner Assumes Role
of Defendant.
ASKS RETIREMENT FROM BOARD

A sensational climax was
reached today in the lnvestlga-
ton by the Commissioners OF
charges of favoritism shown by
the District engineer department,
when Charles A. Douglas, at
torney for the Brennan Construc-
ton Company, which preferred
the charges, accused Maj. Nor
row, Engineer Commissioner. OF
assuming the role OF defendant
and champion both of the engi-
neer department and OF Charles
Fernald, the former engineer OF
highways. The attorney chal-
lenged the right of Commissioner
Morrow to sit as a judge and an
investigator in the case. The
Commissioner concluded to take
no part in deciding the case.
Declaring that the investigation should
proceed without interference, and that
the public is entitled to probe the analrs
of the engineering department, Attorney
Douglas urged that if Maj. Morrow could
not retire from the board and leave the
investigation to Commissioners Macfar-
land and West. the Commissioners re-
quest the President of the United States
to appoint an investigating commission
to consider charges.
I'VE can furnish a commission appoint
ed by the President with our records, and
Z aid them in every possible way, MI
Douglas said We cannot continue this
probe the way It is going now as long
as Commissioner Morrow is sitting as
one of the judges. That he should see
fit to champion the department under
his supervision is compliment to him.
hut such an attitude should not be as
sumed by a person sitting as 1u0ge IN a
matter as grave and serious as this.
Silence Follows Statement. ;.
When Mr.. Douglas finished there was
absolute silence in the boardroom for sew
erai moments. Finally. Commissioners
Nacfarland announced that it Is the de-
sire Of the Commissioners to probe the
matter to the very bottom and hear ev-
cry one who can enlighten them. and to
do everything within their power to ar
rive at the facts. When we take action.
he added, 'our conclusions can ne JuoSeo
by all candid minds"
The Commissioners then withdrew from
the board-oom to the private once OF
Commissioner Mcfarland to consider the
suggestions by Attorney Douglas. twenty
minutes later they returned. Maj. Morrow
announced that he will continue TO SIT
with the board but will refrain from
taking part in deciding the matter.
Reaches a Conclusion.
IT desire 10 state" he said, that in
view of the statement of the attorney for
Mr.. Brennan as to the attitude which the
public may take toward the investigation
now in progress l cons, der that it would
he incomp atibe with my appreciation OF
nv duties as a member of the board OF
Commissioners that l should retire from
my position as member of that board In
the effort TO obtain all possible light on
the various questions at issue. But can
see no possible objection to my volun-
tarily refraining from taking part In the
decision of the case, and / Will SO refraln
l do not. however, believe 1t compatible
with his dignity as a member of the board
of Commits iSSioners that any memDer Shouio
be sworn as witness.
Il have made and shall make statements
before the board where such statements
will throw light upon any point at issue
And I should properly here state that ir
case the board should at the conclusion o.
this hearing see At to forward the record
Of the hearing TO the United States attor-
ney for such action as he may deem ad
visable all such statements Will be put ir
the form of a n affidavit in order that they
may be placed before that official in the
same light as the balance of the record
which is sworn testimony.
Explanation of Position.
When the session today began, Engi
neer Commissioner Morrow made Ions
1aip lie IN,
investigation going into an explanation
of certain testimony. and reviewing thu
informal investigation made by himsel
and Capt. Markham. assistant 'enginee
commissioner. prior to the discharge o
Fernald He emphatically denied that h
was assuming the role of defending
Fernald and declared that his attitude
was one simply to defend the enginee
department from unfair testimony.
Before we resume the hearing thi
morning" Mai. Morrow said. Il wan
TO make statement to meet criticism
which has been made against the pres
ent investigation by the board of Com
missioners into these matters. Tha
criticism has been presented by the at
torney for Mr.. Brennan. and was yes
terday referred to by a member of tn
frm of the Brennan Construction Com
pany. I want 10 make it as clear as
can that this is an investigation initiate
by the board of Commissioners. on tn
motion OF tue 1-HsiiicSf COMMISSIONER
and that any other attitude In which tn
attorneys for Mr.. Brennan. or anybod
else. may attempt to place the Enginee
Commissioner as to his action in tn
conduct of this investigation. is a miscon
struction The board of Commissioner
and no member of that board more tina
the Engineer Commissioner. possibly no
quite as much-is interested in getting a
every possible pertinent fact in regard I
this hearing.
Sequence of the Facts. :,
Before l go further l want to relate
as briefly as / can. the sequence OF tn
facts as they have been presented to m
personally in this matter. At this publ
hearing. whether by intent or not. tn
attorneys for Mr. Brennan have criticise
the conduct of the Engineer Commits
Continued on Second Pase.)