Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-05
WILL ACT ON HIS REPORT
Contracting Company Threatens to
File Suit.
Denies Any Excess Payments and
Claims District Is Barred From
Applying Retents.

| ferred the reply of the Brennan Con-
| struction Company to the letter of the
| Commissioners notifying the company
| that it has been overpaid a large amount
of money on asphalt contracts and that
the Commissioners will take steps to re-
cover the alleged overpayment.
! The reply was received by the Commits
sioners late yesterday afternoon, and was
| considered by Commissioners West and
| Macfarland at once. Engineer Commits
sioner Cosby read the letter this morning.
and he then suggested it's reference to
! the corporation counsel. That step was
| agreed to by his colleagues. Corporation
| Counsel Thomas is familiar with Capt.
| Markham's report, and will advise what
| legal steps should be taken. in view of
/ the attitude of the Brennan Construction
| Company.
| The letter of the Brennan Construction
| Company indicates that it will at once
| take legal steps to secure the money
which the District owes it and for a set
tlement of the controversy regarding over
! payment.
Text of the Letter.
THE Brennan Construction Company,
for reply to your communication of the
Goth day of December. 1905. states that
the original measurements which were
the accepted basis for every payment
made US by you for nearly five years. un-
der contracts of 1903 and 1907, and which
are the contracts involved in the matter
at hand. were made by three of your
own officials. and whose measurements
and report were approved and accepted
by the engineer department.
The quantity or number of cubic feet
in every load of material furnished by
us to the District during this long pc
riod was determined by your own fig
| ures, furnished by your own employees.
and every load made and sent out from
our plant and accepted by the District
was produced under the personal OBJ
servation of two of 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 years
subject to your inspection, measurement
and remeaSurement.
Charges Attack on Integrity.
Notwithstanding these facts. well
known to you, or facts which could have
been known by the exercise of reason
able diligence, you, by inference, sug-
gestion and innuendo in the public prints
attack our integrity, our business repu-
tation. our commercial standing and
attempt to weaken our credit by charg-
years we have presented bills Tor and
received payment for material not fur
nished the District. and that this excess
results from the use by us of false
measurements. and this though every
bill rendered was made up by your own
officials from measurements determined
by your own employees.
We deny that during this period there
has been any excess measurement. We
deny that you have paid for one load of
excess material, but If you have. the re-
sponsiblity is with you alone. and due
alone to the incompetence. negligence
or dishonesty of your chosen subordinates.
Relied on Districts Officials.
We relied upon the competence of
| these officials. We accepted their figures.
We believe their computation and meas
urement correct. but If there be error
| found, that error is not chargeable to
J us
I'm letter received by us from the
| Engineer District Commissioner Satur-
/ day. January 2. the statement is made
| that the sand and binder boxes at our
| plant measure about eight cubic feet This
| Is virtually correct, the measurement be-
| ing s.:i cubic feet. But. as you we'll know
| before batch or load of material is de-
| livered to the District the contents of
these sand and binder boxes have been
| increased by the addition of asphalt and
| crushed or powdered stone. all commin-
sled in the mixing box. whereby the sum
| total of the batch or load is about ten
cubic feet. while We have been receiving
payment on the basis of 9.S cubic feet for
| top and SO cubic feet for binder.
| These amounts may vary some, but
| not appreciably, by reason of the tenn
/ perature of the sand, asphalt or stone re-
| suting from the heating processes en-
! ployed. but an inspector of the District
| stands by with his thermometer in hand
| to test the temperature of each batch,
that the rights of the District may be
| safeguarded.
Measurements at the Plant.
! You not only determine through your
| officials the measurements, the amount to
| be allowed us for each batch or load. but
/ ii was decided in your Engineer Com
missoner's office that these measurements
| should be made at the plant for street
| measurements would result in variation
| following TO some extent the point of de-
livery, while thte measurement at the
plant would be varied only slightly by the
| character and quantity of the asphalting
| cement used. and with the mesh COM
! position and shape of the sand.
| You. having used the measurements
now questioned. and never questioned un-
I'll the past month, from the spring of
! 1904. did in the spring OF 1907 when our
contract made in 1903 was about to ex-
pire. invite competitive bids for another
| four-year contract. This company esti-
mating the costs of material under said
proposed new contract according to the
mea surements adopted, approved and rati-
| fled by you. bid on this new contract and
its bid being lower than any of its COM
| petitors secured the work.
| From July /, 1907, when this new con-
tract became operative. until December.
! 1908, measurements as previously adopted
and approved were received without oues-
tion by you. and the Brennan Construc-
ton Company was not advised by YOU
| that the validity and Integrity of these
| measurements were questioned until dur
| ing the past month
Deny Excess Payments.
| I'm conclusion the Brennan Construc-
ton Company first distinctly deny that
| there has been any excess payments made
| to them under any of the contracts
! between them and the District of CO.
] llInhia and deny that there has heen