Evening star., 1940-03-24
Tunnel
Legal
Dispute


prints the following &C
count of the latest proceedings:
In answer to resolution passed by
the House on the 10th calling for in
formation as to whether the contractors
for the work of lining the Washington
aqueduct were not personally responsible
for the defective work, and, if So whether
any steps had been taken for such re-
covery, also whether they or the sub
contractors are not liable to criminal
prosecution. and if any steps had been
or would be taken in this direction, Sec
retary Proctor has written to the House
letter explaining the present status Of
the matter.
The Secretary refers to letter written
on March 9, 1889. by Beckwith g. Quack-
enbush, the contractors. to the engineer
officer, in which they state that the
Government at that time owed them
$4,000; that from this sum they were
willing should be deducted what it would
cost them to make good the lining of
the tunnel. reserving the question of
liability for work prior to December S,
1887 They formally protested against
visiting on them the defects inherent in
the tunnel scheme. They would also
make good the defects prior to December
provided the Government agreed to
reserve for legal decision the question of
their liability for such work The con-
tractors gave 10 days in which these
propositions could be accepted, after
which they proposed to commence legal
proceedings for the recovery of the money
due them. Legal points arose on these
proposals, continued the Secretary Of
War, and before any decision was reached
the contractors entered suit in the Court
of Claims for s233 3,30362. The defense
Of this suit will of necessity bring up the
claim for damages sustained by the
United States.
'The whole matter thus being in the
hands of the courts, Mr.. Proctor could
not express any opinion thereon. In the
matter of criminal prosecution he was
unable to make statement as to the
liability of the contractors or as to
whether any steps have been or will be
taken in that direction, but he would
submit to the Attorney General a copy
of the testimony taken in regard to the
tunnel with the request that if no steps
had been taken by the proper prosecuting
officer of the, Criminal Court of the Dis
trict of Columbia. the matter be consid-
cred and such action taken as should be
deemed proper under the circumstances. +"
The same issue of The Star contains
also the story of the completion of the
new 48-inch main and the
New opening of the gates for the
Main first test by Col. George H.
on.,.d Elliot. the engineer in
charge. On the next day,
March 81. 1890. The Star makes the fol-
lowing editorial comment on the inaugu-
ration into service Of two much-needed
improvements:
Yesterday was an important day in
Washingtons history The water was
turned on in the new big main, marking
an actual increase in the city's water
supply, and the new bridge across East
ern Branch was opened tc travel. Tedi-
Gus and exasperating delays have char
acterized both of these works. The
tunnel frauds postponed the increase
in the water supply, and the completion
of the new means of communication
across the Anacostia was obstructed
until the Pennsylvania Railroad could
give Uncle Sam and the United States
Army thorough and undeserved drub-
bing, and until the impediments to the
work caused by the flood could be re-
moved. Both improvements have been
accomplished with unnecessary expense.
The million dollars which the United
States sunk in the abandoned tunnel,
and which 1t extorts from the District,
and the additional cost of the bridge to
make it conform to the wishes of the
railroad, and the expense Of the delays,
make large total But the District re-
joices in what 1t this day enjoys, seeks to
forget the long deferring of its hopes
and trusts to advances along the same
lines of improvement in the immediate
future. The Water Committee Of the
Board Of Trade, the board itself and the
public generally ought to make decided
stand against the proposed robbery OF
the water-takefs of Washington Of a
million dollars. to pay for worthless
work which they did not order and over