The Washington herald., 1908-05-15

4 The District Commissioners will probe
the allegations Of corruption against
Charles Fernald, formerly of the engineer
department. at the same time as the
formal charges OF favoriusm fled by the
Brennan Construction Company are con
sidered. This decision is a refusal to
consider the request of the complainants
that the formal charges be not subordi-
mated to an investigation OF the conduct
OF Fernald.
Attorneys Douglas and Baker defined
the case OF the Brennan Construction
Company against the engineer depart
ment Of the District in these words:
Request of Complainant.
We desire to state that the point OF
inquiry in the present hearing. as shown
by the formal charges fled. is whether
or not favoritism has been shown TO the
Crawford Paving Company in the award
Of the contract of March 30. 1907. and
subsequently of a large amount of new
work without advertisement or cOmpeti-
ton.
"Our clients have not filed any charges
involving the general conduct Of Charles
Fernald while connected with the Dis
trict government. AL 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.
Fear CIOudinE OF Issues.
I'VE must, therefore. strenuously urge, "
attorneys for the Brennan Company state
in the letter they wrote to the Commis-
sloners yesterday, 'that the questions In
voiYed in the charges filed only be con-
sidered in the hearing now in progress,
and that those issues be not confused,
clouded, or sidetracked by an investiga-
ton Of the general conduct Of Mr.. Fer
nald while an official of the District Of
Columbia"
4 list Of names Of witnesses the sttor-
neys for the Brennan Company wish sub
poenaed has been received by the Com
nissioners. Attorneys Douglas and
Baker. in their letter to the Comm!s-
sioners yesterday, state they do not re-
quest that these witnesses be summoned
to appear at the hearing set for Friday,
May 10" meaning they would rather have
them called In at some later hearing in
order that the charges Of favOritism shall
not be set aside for investigation Of the
conduct Of Mr.. Fernaid.
Ready 40 Substantiate Allegations.
Should the Commissioners, themselves.
or the district attorney determine upon an
investigation of Mr. Fernald's conduct"
the letter concludes, "our clients stand
ready, as law-abiding citizens and taxpay-
ers, TO render such aid as may lie in their
power but. as already stated, We must
earnestly request that such investigation.
if had. shall be entirely separate from the
investigation now in progress"
The list of witnesses as forwarded by
the Brennan Company's attorneys Is
Joseph II. Bradley, Warren T. Brenizer.
". s. Strouse, Charles McDermott. Fred
s. Smith, Percy Crawford, Joseph II.
Crawford, p. J. Brennan, Charles E. Stew
art, Harold Davis, Edward B. johnson.
r. J. Beall. jr.. Truman l. Willing. and
Edward L. Hillyer.
Attitude of Commissioners.
IN reply, a letter was sent by the Com
missioners to the attorneys for the Bren-
nan company. in conformance with the
following action of the board
I'VE move the writers be advised that
in view of the testimony submitted by
them at the first session of this hearing,
held on May y, the Commissioners are
OF opinion that matters referred TO in
their letter cannot be segregated as they
suggest and that they be further in
formed that the Commissioners Will con-
ttnue the hearing, as already arranged,
at 10 o'clock Friday morning, 10 be ad-
journed at or before l o'clock on that
date, until 10 o'clock on Saturday morn
ing following, and that the witnesses
named in the list furnished by them will
be served with subpoenas 10 appear be-
fore the Commissioners at the latter date
and in addition thereto a subpoena viii
also be served on Charles Fernald.
Further. that they be requested 20 be
prepared on the morning OF Saturday
the 18th inst, to provide the Commits
sioners with all the information at their
disposal looking to the substantiation of
the allegations made by Charles A
Douglas, at the hearing of May u. where
he stated publicly and deliberately that
If this Board Of Commissioners have au-
thority and power 10 summon witnesses,
and viii summon witnesses, whose names
we will furnish, we will undertake to es-
tablish, positively and distinctly, corrup-
slon on the part of Mr. Fernald. influenc-
ing his conduct in the discharge of pub
lie duties
We further move that the secretary Of
the Board of Commissioners have pre-
pared and served subpoenas On the wit
nesses given il the list above referred TO
and that he have a letter enbodying the
above motion prepared at once and sent
to Mr.. Douglas by special messenger"