Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-27
COUNSEL CLEARS
ROAD OFFICIALS
Grand Inquest Attorneys Alb
solve Higher-Ups in Mary.
land Scandal.
BIZ WILLIAM ]. WHEATLEY,
CIT f-nrrrsnnndcr,t Of The Ctar

ANNAPOLIS. Md, March 2T.-High-
er-ups of the state of Maryland. whom
II was alleged were involved in the
State Road Commission populations.
were absolved from all blame in the
report of counsel for the grand in
quest. which was presented to the body
yesterday and Is being considered by
them today preparatory to making a
report to the Holxe. The attorneys
found that the thefts, aggregating
1916 900, rested solely on the combina-
ton of dishonest employees and break
down of the State auditing system, as
we'll as in the office supervision of the
commission While absolving John N.
Mackall, former chief engineer and
chairman of The commission. of any
responsibility for the theftS, it never
theles. severely criticizes him for ac-
ceptance of top soil. thermometers and
the services of employees of the COM
mission for the bujrQing Of lily pond
on his private estate. Although called
trivial. counsel asserted that the re-
buke was necessary to stress the i'm
portance of rigid compliance with the
law.
Taking up the charges made publicly
against Senator Walter J. Mitchell OF
La Plata. Charles County and Demo-
cratic floor leader in the legislative
upper house. the counsel said that evil
dence presented with design to show
that he had used his position TO in
fluence the commission in awarding
contracts to II. S. Swami not only
failed to establish any such action on
Senator Mitchells part, but -disproved it.
Report Signed by Candidates.
The report was signed by Joseph c.
France and Charles McHenry Howard,
both of whom are registered as Demo-
Gratis, and Alexander Armstrong. who
was the Republican candidate against
Gov. Ritchie in 1923 in the guberna-
torial race
Taking up the matter of contracts.
the attorneys said they found the COM
mission had always acted in the best
interests of the State, but also said that
there were instances where competitive
bids should have been requested. They
recommended. however, that all sizeable
expenditures should be approved in ad-
vance by majority of the members OF
the commission.
THE amount of stealings which have
been uncovered in the oftlce OF the
commission" the report said, land the
period of time over which they extend
ed seem to have created in some quar-
tiers an impression of doubt as to the
integrity and economy of our State
highways system as whole. Our sys-
tenn of State highways is the most valu-
able asset that our State possesses, and
any doubt upon this subject is entirely
unjustified.
Comment is then made on the fact
that during the past eight years I'M
provements were made in the ROADS
system aggregating 100000 900, and that
the total amount of money stolen was
not more than one half of per cent OF
this. They point out that the amount
of the populations had no appreciate
effect on the cost of the system as
whole, adding that the cost would have
been increased to greater figure by in
capacity or negligence in the perform
ance of the important work OF the chief
engineer.
The counsel did not criticize the ex-
penditures on the Grain highway open !
ing celebration at Upper Marlboro, but
they did say that such disbursements
of State money were illegal unless
special appropriation or authorization
was obtained from the Legislature.
They did say that the combining OF the
positions of chairman of the commits
sion and chief engineer by Gov. Rltchle
in 1920 was a mistake. They pointed
out also that the situation which oe-
veloped in the commission illustrated
the advisability of separating the two
Offices, and this has been done.
Auditor Approved Vouchers.
The counsel found that George H.
Dawson. commission auditor, approved
vouchers without properly examining
hn
State auditors Office was alleged to be
guilty of similar neglect. They also
said that charges that Mackall or MEM
bers of the commission were in any way
cognizant of or parties to any OF the
extensive dishonest transactions OF the
employees is prepoSterouS, and reported
that charges that the peculationS could
not have taken place without the con-
nivance of the chairman OF the COM
mission are radically unjust, because he
relied and was entitled to rely on the
auditing of the accounts by the officials
charged with that duty. They also said
that the evidence failed to support
charges of favoritism in the awarding
of contracts to certain contractors, but,
on the other hand, said just the re-
verse was shown.
They recommended that the State
roads department should be organized
with sufficient subordinate officials,
who. if honest and efficient service is to
be maintained should be paid salaries
commensurate with the responsibilities
imposed on them. It also was recon-
mended by counsel that two associate
members of the commission as well as
the chairman should be paid appro-
pirate salaries and should be fulltime
officials.
The attorneys say that, regardless Of
past practice, the utmost care should
be exercised by the commission in the
future to make minutes of the body's
actions. inclusive of every action taken
officially, and that reference should be
made to all important discussions par
ticipated in by the commission, even
though not leading at the time to final
conclusions.
Report Discusses War Materials.
AS to the disposal Of war surplus ma
terials received by the Federal Govern
ment. the report says that any Of ii
illegally disposed of or given away was
done without the authority of the COM
mission, if it was done at all.
Failure Of the commission, the report
continues, TO collect or to make. the
proper credits on accounts receivable
resulting in S254,35 standing open in
this account, is an illustration of the
Generalization of the heads of the
Office force and Of the need of having
the office management supervised more
closely by higher officer whose entire
time is not fully taken up with other
work of the commission.
The report absolutely diScredits the
testimony of Thomas A. Butler, now
serving term for some Of the pecu-
lationS.
1t says further that Justification of
bills for the Southern Maryland So
ciety, but paid by the commission, on
the part of Butler constituted a clear
case of an effort by Butler and his
confederates TO create evidence that