The Washington herald., 1909-01-06
REPLIES TO CHARGES
Brennan Declares No Over.
payments We're Made.
ENTERS A COMPLETE DENIAL
Declares Quantity of Asphalt Fur
nixhed Was Determined by Figures
of District ErapIOyes Under Per-
sOnaI Observation of Inspectors.
Suggests Lack of Diligence.

Suggests Lack of Diligence.
The reply OF the Brennan Construction
Company TO the charges Of overpayment
by the Engineer Department Of the Dis
trict government. is now in the hands Of
the corporation counsel
Further action by the Commissioners
viii await the corporation counsel's re-
port The document has been so far
only Informally considered
As stated in The washington Herald
yesterday morning, the reJoinder Of the
Brennan Construction Company is q gen.
eraI and complete denial OF the charges
OF the Engineer Department, and fatty
declares that Il any overpayments We're
made, tbe District employees were re-
sponsible for them
Made by District Officials.
The reply OF the Brennan company fol-
lows. In full:
To the Connissio1ers of the District q Columbia:
sTs-The Brennan Construction Company for re
P,y % your Communication % tie 9th day Of De
onb-. 1913. states that The original measurements
which we're the sccepted tasis for ergry payment
made rs By you for nearly FIVE years. under con
tracts q 1913 and 1867 ard which are The contracts
involved II The matter AZ hand were made b three
Of you- owu otHcialS. and whose measurements ard
-ep1Tr were apTI0Tcd ard accepted b. the engineer
dep2rtneuL
Ths quantity o. number q clblc feet IN every
lead ct material furnished b. us 20 ths District
during this long period was determined b you- oEn
figures. furnished hy y0ur Cwn enpioyes and every
losd made ard sent cot frcm Cur plant ard &c
cepted by The Dis,rct vas produced under the Pc
sonal obseryldca Of two q y0yC inspectors Who are
Aspt q duty GAY - day et the plant The boxes
IN which the materials used were mGasrred and
mixed for each lad wgre each day during these
years Gro5c % yuCr ins1gcti0u. measurement, rHa
Tgz1c1srvmeut.
Reasonable Diligence.
NotE5ths.andinz these facts vel known TO yol.
OF flC-s whi-h CCu,d have becR known b tae exe~-
Csc q Teas0labs dllggnce you. b. iuference. srg
sestior. and innuendo II the public prints. attscs
or Integrity our business reputation. 0sr c1umCr
cal standing. and attempt % weaken Cur credit b.
charging ti.as for more than four ard haf years
have Ivpserei bills fC- and received payuet fcT
material not furnished the Dls-rc-. ard that this
eIces ryEllts f5rn tie use y q false measure
nssnts. and this. though cTsFy bill rendered was
u4ie Up b. yu-r cWu Ct1-lals fro1n measurements
determined b. yuur cUu employs.
We deny That during this period there has been
arv ezoss ulezs-irenaIl We deny tE2t you have
Izid fC- GRE l0ad of C1clss material, but Z ycu
have the responsibility IS with you alone ard due
alrac 20 the Iuc0u1StelCe. Cegltselce. q dishcn-
tsly 4 y1ur closen slh1rtiua;ss
We relied upon the cnysteuoe q thcse officials.
We scoepted tEeir figures We tei1re Tier c11-
p1-atioa ard mas--e-neut correct blt 1htre b
srUs found, that cuU- IS ECc ciaTgeable @ Us.
Virtually Correct.
In a letter received by Us from ihs Engineer Dis
trics Conlmiszi11sr ou SaruLay yanazry : the
s-zteneut is made that tie saua ard binder boxes
a. or plant usasurd about cubic feet Tbs
Is virtually co--ec-- the Ucasrsueut being SO
--lt5c feet Bat. as yo1 ven know. before q hatcl
. lead q material l. delivered o. TIRE Dlstrct jlc
contents q theso sart ard binder boxes hare bean
increased by tls addition Cf asphalt and crushed O.
powdered stone al c5-nr1iu=led in the mixing box
wherstr TIE sum total q the ta-ch - Load Is about
% cabzc feet uilLe Ee have ben rCceiTiuE pay,
uent on the bass o ss c-0ic feet for top and Sc
chic fse- fOr b.LdeT.
These amoan-s may va-y some. bzt -ot apr-e-
ciahiy p -ras7n q the t5rreratllre q the s-nd
asphalt % stone. insulting from The heating pIO
cgssss employed BUr az inspector q The District
stands ty with his theTncueter n haDd, . test
ths tclTE71t-re = eacl batch. So thai lie rights
q tie Dis-nc. U1y Be safeE1aTdcd-
You not only d-1fTu1ne tL0U1E1 yOuC ofiC1als
the messIrel-GErs the amount . p allowed
for each batch Cr Load. bit Il vas decided in your
Engineer Coumissi11er's o1fce that these measure
nenrs should D. m1de a. the plant. Tor s,rees
nsaSurencuts woc,d result iu variation foiyEing
20 some extent RE point T dc.lrery whI'- The
se1SuTg7ncEt az s.e Iasut wc1li be varied Only
slightly b. the charac-er ard quantity e the
phslting cenert used. and with the Eesh compost
tion ard shape Of n, 0nG-
Used Measurements.
You. having Used the relsursnsl,s n5E Ques-
tionsd- and never questioned until the pas5 month.
from the spung cf 1905. did in the srria- q 1871
when ouE contrac made IN Is6 US about 20 *
PIE. invite conpstitive bids for another fourysar
contrac- This company. estiaztaZ -he costs Of
material under sad proposed nsE contract according
70 the measurements sdop-e5 approved and rstfaed
Iy you- lid CT this new oou>1ct. and is I'D being
lover tan any q its competitors. scared the work
From July I. 1907. when this neE contract &c
cne operative. until December, ls5s. neasureneats
as previously ad0p,ed and approved were received
without question b y0g. and the Brennan Con
str-1c.i0- COMPANY was not ADVISED ~ you thai
tha vali5ty a1d integrity q tiCss MEASUREMENTS
we-e questioned until during the 1ast month.
In oo1casiGl. the Brennan Constr1ctio1 Com
psay says:
EXCESS payments made 70 them under any q the
contracts between then and the District Of Co
unlba and denies that there bas been any shortage
IN the measurements a the materials furnished
%. and accepted By. the DistnCt.
Seo1nd-It denies the legal right of the District
of Columbia 70 withhold any portion q retents IN
der the first contract q 1903 OF any ether con
t-acs, % withhold any part Of monthly payments
as the same become due and payable under ne
contract q 1907. and vii insist upol al payments
being made IN fuu as they mature and become dBe.
Thiu5-It asserts that the aT7iiances and utensils
used at the Brennan plant for the Measurement
q material sid to the DistTct. are capable q oon
tanning and do contain. the quantities fOT which
the company has been paid
Barred by Own Acts.
For-rth-we assert that even # any shortage o.
excess measurement could be shown. that the Dis
trict Commissioners and the District are estcpped
ard barred b their oEn acts from applying any
retcnts held b. the Commissioners under the cen
tTzCt Of 1855. OF other c7ntTact, Ct monthly pay
ments due under the cD1tTact Of lS57. TO the pay
ment q these Shortages
Fss.a-In the closing paragraph Of your communi-
eaton of December g. I9Os. YOU say The Com
missioners VII give an oral hearing If requested
The Brennan Construction Company dos not de-
sire nor win II participate In any hearing before
the Commissioners of the District with regard 20
this controversy begun By the Commissioners ard
based On Allegations which have no foundation IN
fact but vii maintain rs legal rights under these
contracts, and unless moneys nov due and payable
10 the company both under the contract of 1913
and the contract q l9G1 OF other contracts, are
promptly paid according 70 the toms and abliga-
tons of these cJ1;acts It VII enforce these rights
bJ pTOper rroceedings II coUrt, where every fact
condition. and Circumstance can be fully Inquired
into N an orderly manner and the law properly I
applied to these facts Respectfully youTs
BRENNAN CONSTRUCTION Co.
By p J. BRENNAN.
President and Treasurer.
The Floral Decorations
for weddings and receptions are best 4