The Washington times., 1909-01-05
City Employees Responsible
for Overpayment, If Any,
Company Says.
OFFICIALS REFER
REPLY TO COUNSEL
Contracting Firm Doesn't Mince
Words in Defense of Its
Position.

The District Commissioners today re-
ferred TO the Corporation Counsel for
his consideration the reply OF the Bren-
nan Construction Company TO the
charges OF overpayment made against
10 by the engineer department,
The reply is a straight denial OF any
blame on the part of the company and
direct charge that il any overpzy-
ment was made Il was due 70 incom-
petence or negligence on the part Of
employees Of the District. The reply in
part is as follows.
Tho Brennan Construction Company,
for reply TO YOUR communication of the
18th day Of December. 1909, states that
the original measurements which were
the accepted basis for every payment
made us by YOU for nearly five years,
under contracts of 1903 and 1897, and
which are the contracts involved in
Inc matter at hand, were made by three
of your own officials, and whose meas
urements and report were approved and
accepted by tho engineer department
City's Figures.
The quantity or number OF cubic feet
iH every load or material furnished bv
Us 10 the District during this long
period was determined by your own fig
utes, furnished 10y your own employees.
and every load made and sent out from
our plant ana accepted by the District
was produced under the personal OBJ
serVation Of two o. your inspectors who
are kept on duty day by day at the
plant. The boxes in which the materials
used were measured and mixed for
each load, were each day during these
Fn-fF Ia
urement and remeasurement.
Notwithstanding these facts. we'll
known 10 you, or facts which could have
been known by the exercise of reason
able diligence, YOU, by inference,
suggestion, and iunueudo in the public
prints, attack our integrity our bust
ness reputation, our commercial stand
ing. and attempt TO weaken our credit
ny charging that for more than four
and half wears We have presented bills
Tor ana received payment for material
not furnished the District, and that this
excess results from the use by us of
false measurements, and this though
every bill rendered was made uu by
your own officials, from measurements
determined 10y your own employees.
Excess Measurement.
we DENY that during this period
there has been any excess measurement
We deny that YOU have paid for one
IL nave
the responsibility is with you alone, and
Que alone TO the Incompetence. uegli-
gence. or dishonesty of your chosen sub
uTdinatCs. a
-Wc relied upon the competence OF
these officials. We accepted their fig
urcs. Nc believe their computation and
measurement correct, but Dr. there he
error found. Inat error is not charge
able 10 as.
You, having used the measurements
ROW questioned, and never questioned
until the past month. from the spring
of 1904, 1ll in the spring of 1901 when
our contact made i'm 1908 was about TO
expire, invite competitive bids for an
other IouT-EeaT contract. This com
FauN- estimating the costs OF material
under said proposed new contract aC-
COrdiug 10 the measurements adopted
approved. and ratified by YOU. bid on
this new contract, ana. It's nid being
lower than any of its competitors. Sc
cured the work.
Shortage Denied.
Ia conclusion the Brennan Construc-
tion Company denies thar there has
been any excess payments made TO
them under any of the contracts be
tween them and the District of CoIum-
hia, and denies that there has been
any shortage iu the measurements Of
the materials furnished TO. and accept
cd by, the District.
II also denies the legal right Of the
District Of Columbia 20 withhold any
portion OF reteuts under the first con
tract OF 1905 or any other contract. or
TO withhold any part Of monthly pay
ments as the same become due and
payable under the contract of .5J- and
viii insist upon all payments being
made I'M fun as they mature and be-
come due.