The Washington herald., 1909-01-05

The Iong-awaited reply Of the Brennan
Construction Company to the charges Of
Overpayment preferred against il by the
engineer department Of the District gov
eminent was fled with the Board Of
Commissioners yesterday afternoon.
1t is a simple. direct document, an IN
technical affair Of three typewriter
pages, covering the essential points Of the
controversy. It maps out the attitude
OF the company and practically throws
the whole question into the courts
The Brennan Construction Company
stands pat on the position II took when
the matter broke into the public prints
ten days ago-namely. that II overpay-
ments to the extent Of $4,000 were rade.
they were made as the result Of negli-
gence or Incompetence on the part OF
District. employees.
silent in the Reply.
Whether overpayments were made, or
whether the Brennan Construction Com
pany was aware OF overpayments, or
whether the company has been convinced
by the facts brought 20 light by the in
yestigatlon that overpaymeuts were made.
are questions upon which the reply IS
silent
The company does not ask for a hear
4 ing. II believes the matter should be ad-
Indicated in the courts as soon as posi-
bic. and. although no statement 20 that
effect was made last night. Il is believed
the company's attorneys viii take legal
action in the next ten days toward com
polling the District government to pay
over 10 il the amounts which are now be-
ing withheld 20 balance the alleged over
payments.
The reply Of tho company means that
the report Of Cap. z. NJ Markham, As
sistant Engineer Commissioner, covering
al phases Of the investigation and
aiming to fix the responsibility among
District employees for the condition OF
affairs. VIII IN all probability never be
made public.
Patrick J. Brennan. president OF the
Brennan Construction Company. would
make no comment upon the position OF
his corporation last night He said:
Il prefer % add nothing 10 what IS In
-4AA Etl- l-A1A -l'-tA2t 4 1LeA4-A ~ Al-GA
absolutely.
The controversy between the company
and engineer department threatens To be
attended with no Httle element OF bitter
ness Il is entirely technical. dealing
With different methods Of taking meas
urements OF asphalt.
In the spring Of 1913 the Brennan Com
pany was awarded the contract for re-
pairs 10 streets. covering a period Of
two years. with the privilege Of extern
sion for an additional tWo years. pr0vid-
ing The work Of the contractor was sat
isfactory.
The next year the company began op-
erations. using its own plant which
had just been completed. Il then be-
came necessary for the District 90 make
a measurement Of what IS known as the
charging box 20 determine the cubic foot
capacity on which payment should be
based
Change in the Methods.
a change IN the method Of measurement
was made al this point The method
adopted was the measurement OF the ma
terial as Il dropped into the cart, the con-
tract having provided that the material
should b paid for by the cubic foot.
measured in carts" Il vas dropped into
the cart Immediately after being mixed.
and before IL had been shaken down in
the cart by the passage 10 the site Of the
work. This made a difference in guam
tity. according 10 the engineer depart
nent. over that obtained BY the method
formerly used.
Il IS claimed by some District officials
that the Brennan Company had formerly
objected 10 this system on the ground
that the asphalt. after it leaves the plant.
shrinks from j. TO % Per cent. At that
time an order was issued by A ". Dow.
inspector OF asphalts. giving the con-
StruCtiOn company an allowance for this
shrinkage.
The difference in quantity resulted in
a gain TO the contractor. II was esti-
mated, at about Il per cent in the case
Of the top mixture. and 3 per cent in
the case or the binder material
This condition OF affairs continued over
a period Of three years. While il is be
lieved overpayments were made 10 the
Brennan Construction Company in the
three years ended July ]. 1907. the Com
missioners hold funds OF the contractor
in the United States Treasury more than
sufficient 10 protect the District from any
financial loss. Funds sufficient to cover
the oveTpayments VIII be withheld by the
Commissioners until the case is decided
IN court, OF an adjustment IS made.
Commissioner Mcfarland issued the
following statement last evening:
Will Consider Letter.
The Commissioners viii consider to
morrow the letter OF the Brennan Con-
struction Company and decide what shall
be done further in the matter. The
Commissioners determined last week TO
stop the payments 20 the Brennan Con
struction Company on the old basis. and
20 recover from the retents and other
money withheld, any amount that might
be found 70 be an overpayment, and gave
the Brennan Construction Company until
tomorrow to show cause why this should
not be done.
Meantime the auditor OF the District
has reported that the overpayments
amount to 5000. and d sufficient amount
Of money has been withheld to cover this
overpayment. We shall examine the ar
gument Of the Brennan Company to see
whether il shows cause for any change in
the action taken. and Il not shall take
steps TO carry out our decision. IN the
end il is probable the courts viii have
10 pass upon the matter