Qass. Book. 43d Conoeess, » SENATE. ( Kepoet 453, ls( Session, i -J^ \ ^-^^^'t 3. REFORT THE JOINT SELECT COMMITTEE OF CONGRESS AP- POINTED TO INQUIRE INTO THE AFFAIRS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ; TOGETHER WITH THE JOUENAL OF THE COMMITTEE, ANSWER OF THE GOVERNOR, CHARGES, ARGU- MENT, AND TESTIMONY. WASHINGTON: GOVERNMENT P R I N T I N Cf O F F I f ! K . 1874. :) i-jLG 15 1908 D. ot a TESTIMONY. Saturday, Ajn-il 18, 1874. The committee met pursnant to adjournment. The journal of yesterday's proceedings was read and approved. C. E. Evans sworn and examined. By the Chairman : Question. Mr. Evans, I am directed to make some inquiries of you in relation to your work. You were a contractor, I believe, in this city? — Answer. Yes, sir. Q. You had the contract for the Avork around P-street circle, had you not? — A. Yes, sir; for the concrete, and, I believe, setting the curb also. Q. Did you use the gutter and cobble stone on Connecticut avenue in doing your work; that which you found upon the street there? — A. I do not know that I understand your question. Q. It is stated here that all the gutter and cobble stone on Connecti- cut avenue, from K street to the boundary, were used by you or your company in doing this work ; is that true or not ? — A. I do not know. Q. Did you personally supervise this work ! — A. No, sir. Q, Who did supervise it f — A. I had superintendents at the head of three different departments. I was absent the most of my time from the city. I will say, however, that if we used any stone I have no doubt it is charged to us by the board. Q. J)id you use any of the gutter-stone around P-street circle ? — A. I cannot say. Q. J)id you use any of the gutter stone on Massachusetts avenue? — A. 1 do not know. Q. Had you any controversy in relation to the work around P-street circle with John O. ICvans ; and, if so, what? — A. None whatever, that 1 can now call to mind. (^. Was there any contest between you and John O. Exans as to who should do that work ? — A. No, sir. Q. Did you have any difficulty with John O.Evans in relation to any work ? — A. None whatever; none that 1 can now remember. Q. Did you have any stone-crushers'? — A. Yes, sir. Q. How many?— A. Five. (^. Did you crush the stone taken from I, between Fifteenth and Seven- teenth streets ? — A. Yes, sir. Q. What did you do with them 1 The Witness. After I crushed them ? The Chairman. Yes, sir. 1230 AFFAIRS IN THE DISTRICT OF COLUMBIA. A. I presume, of course, tbey went on the streets for macadamizing, though 1 bought those stone of the Government. Q. Do you remember the extent of your contracts with the board of jiublic works ? — A. Not definitely ; 1 do not. Q. Do you remember the aggregate? — A. Somewhere near a million of dollars, I think. That is notdefinite ; it is only from my recollection. Q. Did you have any partners in your work? — A. Yes, sir, Q. Who were they? — A. Thomas J. Fisher, of New York, had an interest in the work with me. Q. Any one else ! — A, l^o, sir ; but some of my employes to whom I promised an interest in the earnings on certain conditions. Q. Did any one else share the profits with you in any way ? — A. No, sir ; there has been no profits to share. Q. Did you contribute any portion of these earnings to any person whatsoever! — A. No, sir. Q. Or promise to do so ? — A. None but to the parties I have named. Q. Mr. Fisher and your employes ? — A. Yes, sir. Q. Did you ever have any conversation with any member of the board of public works in relation to the distribution of profits I — A. No, sir ; you are speaking of the profits of my work ? Q. Yes, sir ; on contributions arising out of your contracts. — A. No, sir ; not that I can now call to mind. Q. You never had any arrangement with any person for a contribu- tion except your partner, ]\[r. Fisher, and your employes ? — A. I think there is one exception to that, sir. Q. Will you state that exception, if you jdease ? — A. And yet that was an employe. It was not a member of the government. I was to give an employe — another employe — a certain portion of the profits on a few blocks of pavement ; but that was really an employe. Q. An employe of yours'? — A. Yes, sir. Q. Was he an employe on the work? — A. No, sir. Q. What do you mean by an '-employe?" — A. Well, it was a man who undertook to settle my accounts with the board, I being absent meeting a Representative here. There was no member of the board had anything to do with that, nor anybody but this one party that I know of. Q. He was to settle your accounts ? You employed him to settle your accounts with the board? — A. That was part of his duty, to settle my accounts. Q. What was the l)alance of his duty ? — A. That was all of his duty. Q. Was that after the work was done? — A. No, sir; while the work was in progress. That was only part of the work also. Q. Who had the management of your work there ? — A. My work was divided off in departments — the laying department, mixing preparation of material and laying upon the street, was, for the most of the time I was here, under the charge of Mr. Sumner Bullard, of Brooklyn. Q. AVho had charge of your books ?— A. Mr. H. W. Mitchell. Q. Who had charge of your payments ? — A. Mr. Mitchell — my pay- ments to my employes and everything here in the District. Q. He was your business manager? — A. No, sir; I called him my clerk and cashier. Q. He drew checks ? — A. Yes, sir ; on the bank. Q. And made settlements ? — A. In the District ; yes, sir. That is, he made settlements, except in New York, where I purchased materials. Q. Did he continue in your employ until the end of your work ? — A. He did. Q. Where is he now ? — A. I think he is on the sea, between here and TESTIMONY OF C. E. EVANS. 1231 Portland somewhere. He started by a sailing vessel. He was sum- moned here, and in attendance for some time before your committee. Q. Do you refer to liim in your statement in reliition to accounts ? You say you agreed to pay a portion of your profits to somebody. Do you refer to bim ? — A. No, sir. Q. To whom do you refer ? — A. I refer to Mr. TV. W. Warden. Q. An attorney here? — A. 1 believe that is his — I do not know that he is an attorney. Q. ]\Ir. Worden was to settle your accounts with the board of public works f — A. Yes, sir. Q. Was Mr. Mitchell still in your employ at this time? — A. Y^es, sir. Q. What was your contract with Mr. ^Varden ? — A. An interest in three or four blocks of pavement, which I was to give him. Q. What blocks ? — A. On K street. If I remember correctly, they ■were between Third and Seventh or Fourth and Seventh. Q. How much were you to give him ? — A. I agreed to give him all the profits above the actual expense of laying the pavements. Q. For what f — A. AYell, sir, he was to settle my accounts with the board. Q. For that particular work ? — A. For that particular work. Q. Had he anything to do with any other work ! — A. AYell, for all my work. O, any interest in any other work ? Q. No, sir. You say he was to settle your accounts -with the board for this particular work ? — A. No, sir ; he was to settle my accounts with the board, and I was to give him this interest in this particular work. Q. He was to settle your accounts with the board for all the work done by you ? — A. Yes, sir. Q. Was that a wooden pavement? — A. Concrete. By Mr. Thurman : Q. Where does the wooden pavement begin on K street? — A. I do not recollect. Governor Shepherd. It begins at Ninth, an I runs west. The con- crete is on the east side, and runs to Third. Mr. Thueman. From Ninth to Third ? Governor Shepherd. No, sir; from Seventh to Third. There>erva tion there fills up the balance. By the Chair^ian, (to the witness :) Q. Have you had a settlement with the board of public works ? — A. No, sir ; I have failed to get one as yet. Q. Y'ou failed to secure the settlement with the board ? — A. Yes, sir. Q. Have they paid you for any portion of your work ? — A. Y'es, sir. Q. What portion ? — A. I think they owe me about 8100,000 balance. Q. An unsettled balance ? — A. Y'es, sir. If you will allow me, sir. I am speaking — it is a sort of guess-work. I worked in the District here at arm's-length. I was in New Y'ork, and worked through employes. Q. You say you were to give Mr. Warden an interest in four blocks or three blocks ? — A. It is the work done on K street. I really cannot remember whether it was three or four. Q. What were the profits upon that work ? — A. I cannot tell you now, sir, only by approximation. Q. Well, that will do ?— A. Probably somewhere between 83,000 and 84,000. Those are estimated figures. 1232 AFFAIRS IX THE DISTEICT OF COLUMBIA. By Mr. Wilson : Q. Who is Mr. Warden ? — A. I cauuot tell you, any further thau that he is a citizen here, I understand. Q. What is his occupation ? — A. He tokl me that he was an attorney; a sort of general agent; a press reporter. Q. A press reporter ! — A. Yes, sir. Q. Do you not know him as a correspondent of newspapers in this €ity ? — A. Only through his own — not in the city. Q. Not a correspondent of the city newspapers, but a correspondent in the city of newspapers? — A. He so informed me ; that is all I know. Q. How long have you known him ? — A. I think ] met him first in New York early in July last, to the best of my recollection. Q. That was the first time you saw him ? — A. Yes, sir. Q. How often have you met him since then f — A. It would be impos- sible to tell ; a great many times. Q. What time did you make this contract with hiiu ? — A. I think it was early in October; possibly the latter part of September. Q. How frequently had you seen him prior to the time you made this contract with him ? — A. Not very frequently. Q. How came you to select him as the party to make your settlement with the board of public works of all your contracts f — A. I would like to make a statement first before I answer that question. My statement is this : That I have now a suit pending against Mr. Warden for em- bezzlement ; that is the polite word given to it, I believe ; and I am iidvised by my lawyer to request the committee not to ask me to disclose all the facts about this case of Mr. Warden for fear that it will seriously injure me in my suit, by advising Lim of my whole line of action. The Chairman. We will take your statement privately. We desire to do you no harm, sir. The Witness. I do not know that there would be any objection to that. I do not like private consultations, as a general thing. Mr. Wilson. We want to get at the facts and we do not want to do you any harm in getting them. It is simply, for your benefit. We shall have to get the facts, and if you prefer to give them in private, rather than in public, we have no objection. The Witness. I prefer to, give them to the committee in private. [The committee then retired with the witness to the adjoining room.] The committee having returned to the committee-room, the chairman said : W^e will state to counsel that, on consultation, it was thought best by the committee, as well as by the witness, that whatever statements he should make should be made in open committee, so that no testi- mony has been taken b}' the committee, nor any question put to the witness touching this matter while we have been in the other room. The Witness. I would like the chairman to give the reason for that. The Chairman. Mr. Evans states that he prefers, if his testimony is to be taken, that it shall be taken publicly; if we are to use his testi- monj' at all he desires it to be given publicly. By the Chairman : Q. How came you to select Mr. Warden as the party to make the settlement'? — A. I think it was mainly from long importunity on mat- ters between him and myself, or rather on his part — importunity on his part ; mainly and principally that. Mr. Warden represented to me that he had a great deal of influence, and understood that there was ^reat difficulty between me and the board, and a number of times — in- TESTIMONY OF C. E. EVANS. 1233 numerable times— came to me lioldiiig up bis great iuflueuce, and all tbat sort of tbing ; and tbis was tbe result of tbose conferences, mainly. Uy Mr. Wilson : Q. Witb wbom did be profess to bave tbis influence ? — A. He pro- fessed to bave intlueuce witb almost everybody in tbe District ; but be specially said tbat be bad intiuence witb, as be called tbem, "Jim Magruder and Alec E. Sbepberd." Q. Did you bave any conferences witb any otber persons tban Mr. Warden witb respect to wbetber be bad tbis intiuence or not, or bad any intiuence witb tbose parties ? — A. Only witb tbe gentlenmn wbo introduced bim to me or me to liim, in my office in New York, in July last, in relation to tbe intiuence be bad. Q. Wbo was tbat party f— A. Tbat was Mr. , a news- paper reporter, wbose name does not just come to me now. He was a young man, witb wbom I got acquainted bere. Mr. Copeland, I tbink, is bis name. A small, sbort gentleman — a very nice gentleman. Q. After tbe interview in Xew York were you often in Wasbingtou ? — A. Yes, sir ; I tbink as often as once every ten days. Q. Did you make inquiries bere in relation to Mr. Warden and bis relations to tbe parties witb wbom you were dealing in tbis city ? — A. I do not tbink tbat I made any inquiries, sir. I cannot call to mind tbat I did. Q. Tben you wisb to be understood tbat npon tbe statements tbat were made to you by Mr. AVardeu and Mr. Copeland you entered into an arrangement witb Mr. Warden, by virtue of wbicb be was to settle your accounts and get tbe profits on tbis worlv as a compensation ? — A. Mainl}^ so. Q. Mainly so ? — A. Tbat is to say — will you let me tell tbis in my own way. You ask me questions. Q. I will be glad if you will give me tbe wbole story. — A. W^ell, it is very sbort. To tell you tbe wbole story of tbe relations between myself and Mr. Warden would perbaps take a long time, but I can condense it, for all material points, to a very few words, if you will allow me. Mr. Warden represented liimself to me at tbat interview as tbe bead, or cbairman, or president, tbe general bead of tbe press association of tbe city — of tbe newspaper correspondents in tbe city. I do not remember tbe exact words be used, but tbe impression be left on my mind was tbat be was tbe principal man among tbe newspaper correspondents bere. I tbink — I am satisfied — tbat I am not doing bim any injustice in tbis statement. He was going to obtain a contract for me. He was very earnest to obtain for me a large contract of over 500,000 yards of pavement, and wanted me to give bim an interest in tbat. He tbougbt at first tbat be ongbt to bave a dollar a yard interest. I am not certain wbetber it was Mr. Warden wbo mentioned tbe dollar a yard, but some- body did to me. I tbink it was be. He never obtained tbat contract. Time after time be wanted me to go and see tbe governor. He bad it all arranged. I stayed away from tbe governor. I avoided tbe governor on tbis subject. I never asked tbe governor, or any member of tbe board of l)ublic works, for a contract on Mr. AVarden's account, to tbe best of my knowledge. 1 diublic works, aiul had nothing to say to them on this subject. He informed me that he had made re- peated appointments with me to meet Governor t5liei)herd, both here and in New York. One morning, 1 think it was in October, as I w;is going up to the governor's office to see him in reference to the settlement of my accounts, be met me and went up with me. "Now," be says, "we will tix this ; everything is right ; I am going to get that contract." He went in ahead of me and saw the governor a moment, or a very short space of time. 1 followed him in. Mr. Shepherd turned to me and said very distinctly, "Evans, I will give you no moie contracts until you finish your work." I think those were the words. He couiplimented me on that occasion by saying that I was the best man on promises that he ever met, and the slowest on performances. Mr. HarrinCtTON. The great American promiser. The Witness. He and Mr. Warden had a still further conference on the subject; but I did not get the contracts ; 1 did not apply for them ; Mr. Warden did not obtain the contracts, to the best of my knowledge. By Mr. Wilson : Q. You have no knowledge of the contracts ever having beeq awarded to you ? — A. None, sir ; and I never applied for them, to the best of my knowledge. The governor bad said to uje, " Whatever interest you may have, or Warden is going to have w4th you, let it apply on K street ; that little work I gave you on K street ; you can do soaiething for him there," or some such general reuuirk as that. I thought I was obliging the governor. I have since found reason to believe that I was not. I agreed to give bim that interest, but I said, "For that you mast go to work and settle those accounts of mine with the board." Q. You said that to Warden ? — A. Yes, sir. Q. In the presence of the governor? — A. No, sir; I think not. I bad nothing whatever to say to the governor. I believe I did protest, and said 1 did not make any money, or much money, and did not want to divide up, or something like that. I said nothing to the governor on that occasion or any other occasion that I can now call to mind in re- f«^rence to Mr. Warden, or to the contracts, or to my relations with Mr. Warden, or the pay 1 was to give him. As I came out from that con- ference, however, I said to Mr. Warden, " Now, this whole thing has ended in giving you an interest in that work, and you must go to work and do something for it. I bad at that time a requisition for $00,000 before the board. After a long conference between the governor and Mr. Lay, the auditor, the governor approved my requisition. I think I went at once with that approved requisition to see the treasurer. Colonel Magi uder. He put me off so many days that I turned that over unto Mr. Warden's hands for settlement, and he obtained auditor'scertilicateson it, and ultimately, 1 believe, sewer-certibcates for the auditor's certiticates ; for the most, if not all of them. For that I told him I would give bim $1,000 additional, which I did. I subsequently gave bim $4,000 more, either in sewer-bonds or auditor's certiticates, I cannot tell which. 1 think that is correct ; $5,000 in all. At one of my visits here, shortly TESTIMONY OF C. E. EVANS. 1235 after tlmt, Mv. Warden called Jiiy alteptiou to tlie fact that ai)avt.v who was suiiiii' me was about to issae some sort of a i)rocess on the board to stop any further payments to me, aiul, if my memory serves me cor- rectly, (and I would like to reserv^e the ri,«>ht to correct this, after look- ing at my ])av)ers,) he su<». Will you please state to the committee what material you use in laying and what it costs to put it down, where it is done in a proper manner, under proper circumstances, and without undue haste, giving a fair opportunity to the contractors to exercise proper economy "i — A. A. Weil, sir, the cost varies according to the localities. Q. I am speaking of this city 1 — A. Even in this city the cost varies. Q. Well, then, put it on tlie average. Take an average of localities. — A. We ought to lay it for $'2.55 to $2.70 a yard actual cost. I have laid pavements that cost me over $4.00. (}. What are the iiigreends uj)on getting your limestone exactly right, and your mixture right ? — A. Yes, sir ; and then laying it exactly right. In other words, doing the whole thing exacll}^ right. Governor Shepherd. I think, Mr. Evans, if you had been here to have attended to it yourself you would have had a good pavement. Mr. Evans. I have no doubt of that, sir; but I had some very bad employes. One member of the board told me he could always tell when I was in the city by the pavement that was laid, and that is the only compliment I ever received from the board of public works. By Mr. Bass : Q. About how many square yards did you lay of all? — A. I should think somewhere near a hundred and tifty thousand — between a hun- dred and twenty-five and a hundred and fift}' thousand square yards. Q. When did you first discover that your contracts were losing contracts ? — A. ]N'ot until the spring of 1873, when we came to settle up accounts. Q. You have been continuing your work since that time?— A. Only to complete my contracts, and occasionally a block to finish a street out. Q. What proportion of this one hundred and fifty thousand square yards are what you term to be good pavements — proper pavements — as good ])avements as you can lay under your process ? — A. I do not think there is as good a pavement in the District, with the exception of, prob- ably, half a dozen blocks laid by me, as I could lay if I had had the whole control and time to myself; but I will answer your question by saying that I think fully twenty per cent, of the pavement laid here needs re[)airing — will need repairing, it they do not now. TESTIMONY OF GEORGE R. CHIT'lTENDEX. 12-13 B.y Mr. Stewart : Q. Fully twenty i)cr cent", of that luid by you would need repaiiinu' ! — A. Yes, sir. I would like to add, also, tbat it Mill all be rei)aired. By Mr. Bass : Q. What proportion of your contracts are yet unlinished, if any? — A. They are all linished to the best of my knowledge now. 1 liave no untinished contracts. (^. Did you say you made your first settlement in the siirin^i;- ? — A. Yes, sir; I think it was in March. By Mr. Wilson : Q, What year? — A. I think it was March, 1873, that we commenced to pay off everything' and compare notes. It was very difficult to do that before, because so much work Was partially linished. By Mr. Harrington : i}. Do you not understand that this hundred thousand dollars is kept back by the board of publicworks for the pur[)ose of putting the pave- ment in good repair ? — A. IMost; assuredly, and for no other purpose. In naming that sum, I am approximating it, because my accounts are not settled. George R. Chittenden recalled. By Mr. Bass : Q. This is the express-receipt that you received, is it ? (exhibiting pa])er to witness.) — A. Yes, sir. Q. That is the receipt for the package of notes, $72,000 ". — A. Yes, sir; $72,000. Q. That you transmitted to Colonel Kirtland ? — A. Yes, sir. Mr. Wilson. What is the date? Mr. Bass. It is dated " July 8, 1872. Valuation, $100,000. Received from George K. Chittenden one package, sealed, said to contain paper, value $100,000, addressed to A. B. Kirtland, Washington, D. C. Adams Express Company, July 8, 1872." By Mr. Bass : i}. As we adjourned last night, I was asking you with reference to your interest, if any, with the Messrs. Uolmes or with Colonel Kirtland in those notes. I want to ask you one or two more questions on tliat subject. Were you a negotiator at the time Mr. Holmes took the ma- chinery that had been used by De Golyer & McClellan in satisfaction of those notes '? — A. No, sir ; I knew nothing of the transaction at all. Q. Yon had no notice of it f — A. No, sir. (). No participation in it? — A. No participation in it. Q. And you are not interested in the machinery that De Golyer tS: McClellan had obtained to perform this contract? — A. My only interest with DeCrolyer «S; .McClellan in the original contract of 1872 was to di- vide one-third of the jjrolits. Q. Did youexi>ect to receive from Colonel Kirtland, or did you expect to I'eceive from Mr. Holmes, any portion of the prolits or ])rocet'(Is of those notes? — A. Not one dollar. Q. Do you know whether or not ^Ir. Holmes claimed that those are still outstanding notes? — A. 1 know nothing al)Out Mi'. Holmes in rela- tion to those notes. Q. Do you know the fact that Mr. Holmes has recently been adjudi- cated a baidvrupt in Chicago? — A. His bank, or the bank, rather, of 1244 AFFAIRS IN THE DISTRICT OF COLUMBIA. TvLicb be was tbe president, bas gone into liquidation. He was presi- dent of tbe Manufacturers' National Bank of Cbicago. Q. Did it carry biin down also ? — A. I do not know tbat. Mr. Storks. Mr. Bass, may I be- permitted to state, in regard to tbe affairs of tbat bank, tbat it was in liquidation, and tbe question as to wbetber it can be declared bankrupt is now pending in the Supreme Court of tbe United States, on appeal from Judge Blodgett I Mr. Bass. Did it take Hohues with it '? Mr. Stores. O, no. By Mr. Hubbell, (to the witness:) Q. In your written statement, after you say you bad been informed that De Golyer & McClellan M'ere not performing this contract accord- ing to the letter and tbe spirit of tbe contract, you make use of these words — tbat you addressed them a letter substantially as follows : [Tbe letter was read.] Now, do you ])urport to set out a copy of tbat letter ? — A. Tbat letter is a copy of the original letter that I sent, as nearly as possible. Q. How did you copy if? — A. I found a memorandum of tbe original letter, and not having it in perfect shape, I copied from tbat memoran- dum. The memorandum was full. Q. Where is' the original letter f — A. Mr. De Golyer has that. Q. You kept no copy of it? — A. I kept a memorandum. Yes, sir. Q. Where is tbe memorandum! — A. I think the memorandum is at tbe Arlington. Q. I would like to bav^e you produce that memorandum, — A. I will try to do so. Mr. Stewart. I did not quite understand this transaction between you and Mr. Kirtland, yet. I have been thinking about that a great deal, and I cannot quite understand it. Now, do you not think it would be possible for you to give us some further points so that we can get a little better understanding of it"? — 4.. I would be very glad to give all tbe information to the committee that is in my power, and I have done so, I think. Q. At what time did you make the arrangement with Colonel Kirt- land ■? — A. It was after the death of Mr. Huntington. Mr. Huntington died in March, I think. I made the arrangement with Colonel KirtUind in the latter part of Ai)ril or the forepart of May. Q. Was tbe contract in writing 1 — A. It was not. Q. Where was it ? — A. In tbe Arlington Hotel. Q. It is not in writing? — A. Not in writing. Q. It was for a pretty large sum ? — A. That is true. Q. He took your word for it ? — A. I maybave made a little memo- randum. I do not remember about that. He toolv my word for it in tbe main ; yes, sir. Q. You represented that De Golyer & McClellan were good for it at tbe time!— A. I did. Q. And tbat their notes were to be given for it ? — A. We were to bave time, accommodation ; and tbe time should run during tbe term of tbe filling of the contract. Q. Did you bold yourself responsible to any extent ? — A. Not at all. Q. These notes were not paid on maturity ? — A. I believe they were not. Q. Did Colonel Kirtland ever say anything to you about that fact, or call to your attention the fact tbat some of tbe notes were not paid ? — A. Yes, sir. TESTIMONY OF GEORGE K. CIIITTEXDEX. 1245 Q. Did Colonel Kiitland come to you about it ? — A. Colonel Kirt- laiid spoke to me about it. Q. He did speak to you about it ? — A. Yes, sir. Q. You were the negotiator. It was rather natural that he should come to you, was it not? — A. Very natural, indeed. Q. When was it that he came to you ? — A. It was some time iu the autumn. Q. Some time iu the autumn ? — A. Yes, sir ; I think so. Q, Some time iu the autumn of '72 I — A. Yes, sir; these notes were given, I think, the day that the receipt was made — iu the forepart of July. Q. On the 8th of July ?— A. I will not say the 8th of July, but the forepart of July. Q. Where did be come to you f — A. He was in Chicago. Colouel Kirtland came to Chicago. Q. Hid he come to see you? — A. No, sir; he came to see Mv. Holmes, with whom he had negotiated these notes, or part of them. Afterward he saw me. Q. What did he tell you ?— A. He said that De Golyer & McClel- lau wanted more time upon the notes. Q. What did he say about giving time? — A. I think that he was well disposed to grant the extension if he could arrange it with Mr. Holmes. Q. This money was all coming to Colonel Kirtland, was it not — it was all under his control — Colouel Kirtland was to have the whole of it ? — A. Mr. Holmes discounted these notes as I understood it. Q. Who told you that ?— A. Colonel Kirtland. Q. Colonel Kirtland told you that ? — A. Yes, sir. Q. K he had discounted the notes and it was an absolute sale, what was he there for looking after them ? — A. They wanted more time, and I suppose that he wanted to arrange Avith the bank and with He Gol- ver & McClellan. He came to me as 1 had represented He Golyer & McClellan. Q. But Kirtland had discounted the notes. They were not his notes? — A. I do not know anything about whether he was interested iu them or not. I know by Colonel Kirtland's statements that the notes were in the hands of Holmes. Q. What did Colonel Kirtland tell you. That he discounted them ? — A. If you will allow me. If Colouel Kirtlaiul is placed on the stand he can tell what disposition was made of those notes. Q. I do not know whether he can or not. — A. All I can tell is simply from hearsay, and these incideutal'conversations. I felt no interest iu the matter except that He Golyer & McClellan should keep their honor or pay their notes as they matured ; that was all. I had no other in- terest in the matter. Q. He came to you to have you require them to keep their honor — to assist him? — A. Yes, sir; he wanted me to do that, and He Golyer & McClellan, on the other hand, wanted more tinje. Q. Hid you go and see He Golyer & McClellan about that ?— A. I did. Q. What did they say? — A. They said they wanted more time. i}. What did Colonel Kirtland say to that ? — A. Colonel Kirtland, I think, nuule some adjustment with ithe bank. Q. Then Colonel kirtland had not sold them to the bank ; he had some control of them ! — A. He seemed to hnv^e some control at some time. I do not know wliat interest he had with the bank iu these notes after the bank received them. 1246 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Do you know how much money he ixot out of the bank on the- notes? — A. I have not the slightest idea how much he got. I do not know liow many notes he discounted there. Q. Was Colonel Kirtland wanting the money ? — A. That I do not know. Q. Did he represent that he needed the money ? — A. That I do not know. Q. He did not represent to you that he needed the money, or anything of the kind ? — A. No, sir ; he did not ; he was simply putting it on a business basis. Q. I do not quite nndorstiind it; it is very remarkable tome — this transaction of Colonel Kirtland. JSTow, you say you made a verbal ar- rangement with him whereby you agreed to give him $72,000 in April or May, shortly after the death of Mr. Huntington"? — A. Contingent upon the award of a contract of 200,000 square yards of pavement. Q. That is to say, if yon, by employing counsel, succeeded in getting a contract from the board of public works on the merit of your i)atent, without any aid of Colonel Kirtland, except that he should talk, you wouhl give him $72,000 ? — A. I wanted Coh)nel Kirtland to aid me all he could. 1 promised to pay him 36 cents a square yard, in case that contract was awarded; and the contract was awarded, and I gave him the notes, according to the contract — $72,000. Q. You, on your jiart, were to emjtloy counsel; pay $15,000 for the counsel and getting all the facts together; go before the board and dem- onstrate the fact that it was superior to any other pavement ; then when you succeeded, he was to have the lion's share, to wit, $72,000. Now, was not that exceeding liberality ? — A. When I came to Washington, I came here with the understanding, distinctly made with De Golyer & McClellau, that I could have oO cents a square yard, if it was necessary^ to secure the contract. Q. You have stated all that. — A. Well, let me proceed, if you please. I adopted my own plan and my own way of negotiating the contract^ or procuring it. I did not advise with anybody what course I should pursue ; l)ut I felt that with 50 cents margin per square yard I might possibly succeed better than if I did not use anything. Q. J understand you had 50 cents a square yard to give away to some- body to get this thing done ? — A. Yes, sir. Q. Now, you eniploved counsel ? — A. That was one of the things I did. Q. You had re[)orts of the quality of your pavement; you had all these facts, that you say you impa'rted to Colonel Parsons, and he made a full argument before the board ; and subsequently General Garfield made a further argument explaining the superiority of the pavement, and you said then, and believe it now to be superior, and you satisfied the board that it was a good pavement, and they got the contract. Now, you were to do all that, and still of this 50 cents you gave 30 cents per square yard to Colonel Kirtland — to a person who was a stranger — for doing no specific thing. Now, do you not think that must strike the committee as peculiar, without explanation ? Do you not desire to give an explanation, so as to make that look a little more rational? — A. So far as his not doing a single thing is concerned, 1 do not know how much he did or did not do. Q. Did you not have some curiosity to know what the gentleman was going to do for all that money? — A. It was a contingent fee entirely. If the award was nuide, I was to pay the money ; that was all. Q. Y^es, but it was contingent with Colonel Parsons ? — A. Part of it^ TESTIMONY OF GEORGE R. CHITTENDEN. 1247 Q. Ton thousand dollars if his lee was contingent ? — A. Yes, sir 5 and with Mv. William Colvin IJrown, in the same way, Q. xlud your labor here was contingent ; you were not going to get anything uutil you succeeded :' — A. Of course not, and 1 have not got anything yet, to speak of. Q. Were you not doing more work than Colonel Kirtland ? — A. I was doing some work. 1 do not know whether 1 was doing- more or less th;in he. (»>. Were you not doing more than you ever heard of his djing ? — A. That I ('ann(>t say. Q. What did you hear of his doing ? — A. Well, he claimed to have in- rtnence. Whether he had or not, 1 do uot know. Q. What did you ever hear of his doing in connection with it ? Now, you know you did a good deal ; you stayed here five months, and gave your entire attention to it, and made many contracts, and collected the facts together; still, the man that you cannot find out anything that he did, got the lion's share of this thing. Now,. it seems to me that you would have had a little curiosity to know what he was doing. What ett'orts did you make to find out what he was doing; did you make any ? — A. He reported to me from time to time that matters were pro- gressing, ami that I would i)robably get the award. Q. Did he give vou anv points of the progress ? — A. No, not particu- larly. Q. Now, here you were, doing all this work, and a man who was a stranger to you, comes to you occasionally and reports that matters are progressing, and you give him the lion's share ' — A. 1 gave him just what I agreed to. Q. O, yes; there is no doubt about that; but do you not yourself, in looking over it, think that it was rather a remarkable thing '? — A. It may be. From their stand point it appears so, but from mine, at that time, it did uot. There was great com[)etition here in the city of Wash- ington, and all I had to do was to get all the force and all the induence to get public influence in favor of it. (^. IIow do you know that you got it when you got him ? — A. I do not know that I got it. He said I had. Q. Then after doing all the work that yon. did, you gave away 872,000 to a man because he said he was powerful, and you did not know whether he was or not, and had no means ot coming at the facts. Now, have you any reason to believe that you did not get the contract after all entirely upon the representations before the board aud before the public, by the arguments of Colonel Parsons and Mr. Garfield, and the facts that you had ? — A. 1 do not know but what I would have received the contract through their arguments alone. (^. Have you any reason to think you would not ? — A. I cannot say : I did not say that ; I cannot say but that I would have received the con- tract; that is one of the things that was not tried. (^. Have you any reason to believe you would not '. — A. T cannot answer that question. Q. You cannot answer it '? — A. No, sir. • Q. Y'ou cannot say whether you believe yon would, or you believe you would not .' — A. No; 1 cannot. I have have not thougiit of it ; iu- -ether would bo better tliau to l>e hiTe. I shall count upon your very careful observance of my suggestions, a-j matters are so conditioned as to imperatively demand it. A word to the wise is sutK- cient. Yours truly, GEORGE R. Mr. Bkx.iamin R. Nickerson. A. That is my letter. Q. Perhaps, after having heard that letter read, you can now remem- ber somctliing. It is something about these i)eculiar circumstances that were surrounding this matter, which you have indicated in that letter, and which you can state to the committee. — A. I think the sugges- tion came to me I'rom some source that Colonel Nicker sou was interler- 7'J D c T 1250 AFFAIRS IN THE DISTRICT OF COLUMBIA. ing- iu some way with the progress of the negotiations, or was iuiiirino- the cause wliieh we were trying to get throu»'•"'« V* "''pessary to exercise tbis Q. Did It get into auy very extraordinary or peculiar shai)e^— A ^:^^^M^'^::;':^i ' ''"^'^' '' ^^« tim/thatkat leu^;:^ wr^: ten ^vele that Mi. NicKersou m some way was being identified with the teamuels process of curing— was taking an active pai4 in ^onie of fhl U^^atters against the government, or something of fhe sort Tdo not the^se t'!ftr^5s^'''Fp'r^^^^ ''^'''^ ^^^"^ ^''^ *^ «'^^ interested in some of .mirnnent?%^^^^^^^ ^^^ ^''''^ ^^^"^'^ the district S'lf 1 1. won't say against the district government- but he O Tha.^-f "'' ""'''7 ''''\'^ "^''i'^ ""''' "«t calculated to make'fHend^ of 'iV^t>irec^ion.'"^'''"^^"" ^'.'^"^ '-^' ^^-' «^^^' t-t -' to the best* Q. Mr. Hubbell asked you a while ago in regard to a certain memo rnndum. You wrote this letter, which yon mau, su , Q. Who dictated it?-A. They had the copies before them. attorney "' ' "^"^^""^ •-^- ^ ^^'^^^ ^^^t the original, with my in^;2!^.S;:^o,;! •-^- ^^ ^"^ ' ^^^^^^^^^ ^^ *«^^^^-^^ that is, Q. \V ho else was present ?-A. ^^o one but my attorney. n wi r"f '^ '"^"^^ prepared ?-A. ^^ one 'but my attorney Q. Where did you get these copyists! ^tiuiuey. Mr. Stores. May 1 be permitted to make a statement as counsel here ? ?i;; WiTN^^'r^r^'' Tf'' '''''' ^^^ ^^^^^'^^^^ should arweT' ' -Lue WITNESS. I do not know. self 'f'ldmf'tlHl'ponH'r' ''r^'' "ot know, and I can explain that mv- SLiT. 1 lined the copyists. I came here, spoke to the chairman of the committee, and suggested how much we ^vere hurried whtL matte I merely presented the matter and, in order to comply with t e re ue t TESTIMONY OF GEORGE R. CHITTENDEN. 1251 Mr. Wilson. Do you know the uames of the copyists ? Mr. Stours. I do not. The Witness. I do not myself. Mr. Storrs procured the copyists. By Mr. Wilson : Q. In some of these letters that yon have written — in one of them — you say to Mr. Hnntinp^ton, "Do you think your figures will be satisfac- tory to him," or something to that effect. What figures do you refer to there ? — A. Will you aUow me to look at that letter i Mr. Wilson. Certainly, if 1 have it here. ; [The letter was handed to the witness, who read as follows : " Figures will be more satisfactory to you and to the District, and the pavement more satisfactory to the peoi)le when laid than any one or all the other kinds of i)avement taken collectively." The Witness. That was my opinion at that time. Q. WHiat figures do you refer to? — A. I refer, I think, to the cost of the pavement; that is, the number of dollars per square yard. Q. Do you mean the figures at which you were proposing to lay the pavement, or the cost of the pavement to De Golyor & McOlellan f — A. I think this refers to the figures upon the cost of the pavement to the District. Q. That was the wood-i)avement! — A. That was the wood-pavement. Q. Were you, or not, apprised of the fact that at that tinie the District government had already established the price for wood-pave- ment? — A. I was not. 1 did not know anything about that. Q. What is the date of that letter!— A. This is dated February 8, 1872. Q. You say that you did not know at that time that the board had already established a price for wood-pavements some months before that? — A. No, sir; I left this entirely in the hands of Mr. Huntington. I was not familiar with that state of things. Q. You were to get one-third of the profits of this contract for your / services in getting that contract ? — A. Yes, sir. Q. Did this bonus of fifty cents a square yard enter into this account '? — A. It did not. Q. Then De Golyer and ]\IcClellan agreed to pay fifty cents a square yard as a bonus for getting the contract, and then outside of all that you were to get one-tbird of the jirofits of laying the [)avement — actual l)rofits ? — A. Yes, sir; that was the understanding. Q. Had you ever done any figuring so as to know what that pave- ment had cost '? — A. No, sir; I could not tell what it would cost. Q. Had you ever figured any on that subject ? — A De Golyer and Mc- Clellan stated that after the fifty cents were paid that there would be a very good margin to divide between us. Q. You never made any figures on that subject? — A. No, sir; I did not know what the pavement cost. I do not know to-day. I am not a ■' ])ractical paver at all. I do not know anything about paving except the general merits of the patents. Q. You were taking your chances on that entirely ? — A. No, sir ; not so. I had paid for this pavement in front of some of my property on Dearborn street, Chicago, and it seemed to me to be a most ex(;ellent pavement. Therefore 1 was interested in the i)avement, and believed the i)eople would be as well satisfied as myself. Q. Your interest in having the pavement laid in the city of Wash- ington was in getting a third of the profits? — A. Certainly; I came here for that purpose — to get the contract for the profits. 1252 AFFAIRS m THE DISTRICT OF COLUMBIA. Q. And yoa made no calculation or made no inoiiirr i^ in whof fi,^ ])rotits wonld be ?-A. Mr. McClellan stated to me that he con Id u r state exactl.y what^the profits would be; that thevVou ] h^ve to r ."^ machinery l)ere_$-5,000 worth of machinerv-but there w mild he ^ good division of the profits between us after iifty cents was paid By the Chairman : of %-n' of i"?.?^^^ l^}'] ^f^r. ^^'tte^ by Mr. McClellan to you, one dated ot Ua.v ^^, lb/ J which I desire shall go in evidence, or smth portion of M, M r 'f, '^ ^^'' ^'^^"^T ^^' '''^^^''"- '^^ ^'^'^tracts llere. In this le ter M McClellan among other things, says, "Mr. Chittenden, I haWbeea ahonVit^hr^*'^ '^T^ about Washington contracts, and the morri think about It the more I am inclined to advise you to shake oif these .'.be do so rirn'of^T"'" y«-- application directly at headquarte s ' Tt' you do so, I am of the opinion you will be more successful than to de o%er wel , and act accordingly. 1 know yon are much annove I at the shape things have taken in Washington. ^ But the quickest u^v fn nw opinion to come to anything different is to go to heSnarte ; 1, nft he question directly to the board. If you cannot get mSl an oT^^^^^ died thousand yards take it, and close up matters St least for that nonth ?r' d thons^nVv^rd^ '^^'""'^ "^^^ T' '' ^^'«'^'^'^'^' '" -'- of one hun: urea tnonsand yards, removing onr machinerv or not. We can afford to put machinery up f\:,r one hundred thousand^yards in Wasldi" n ' &? i Itlcf unT"'" '^''^ t'.at letter make upon you at the ti.ne _ A. It did not make any impression at all. The reason whv was this- T mimied'a^^^ Miri n 'r"/'^ ^'"^^^ "^' ^''^" '^^^'"^ ^^'^ policy to be pnisned as Mr. McClellan in Chicago, so far as the proffrainme rh^t T proposed to carry out was concerned. i>io^rammc tnat 1 Q. But Mr. McClellan seems to have had the impression here that during all the time that you ha.l been here, vou had ma le no e'^sonal application to the board of public works.-l: The application th- t w?. made to the board of public works-I do not kn w t e hUe^^^^^ ^ts made; I cannot say the date-but whether the applicati(^u w rLuirat the time ot wnting that letter or not, I do not knowl ^ ^^ %l. Up to this tnne he acknowledges the receint of two dismtr-hpc dislmSs ""'a ^'f f ''' '':"' T} ^'^^'^^^^ ^^- ''^' hIT' you to disi^atches ?--A I have not. I do not know what they are. pnbiic works^ a"'t ''"^^ T" ''^l^If ^^^T,'^ personally before the board of Sw^nitdeT^hll^thii'^""' '''' without getting the application fJLl lY ''""^ ^^7^' "^r l>'"tif'"1arly as to date-but had you previouslv ^^:izc^:lj' ' --' --■ -^ - --^". -^i ^^ thf anoHcaS ,l!.?f i' ^^I'^'^Sh'.) Can you furnish the committee with works! ^^ "" ^^'^'''' '^ ^^^^lellan, to the board of public Mr. Mattingly. I presume so. Mr. Johnson, (secretary of the board.) I know there was an anidica rZy 20.'" '' ''' ''"'' '' '^^ ''^« for treating .vood il' ement, Feb- Mr. Wilson. Will you be kind enough to bring it in ? day.'' '^''''''^^'^- ^^^''' '^'^' 5 it is at the office ; I will bring it in on Mon- TESTIMONY OF GEORGE R. CHITTENDEN. 12o3 By the CnAiRMAN : Q. I infer J\Ir. xMcClellau knew by this letter that yon were actinj;- here tlironjih nuchlle-raeu f — A. Yes, sir; he called tlieiu niiddle-nien. I call them assistants, or men helping me. I called them agents. He understood thein to be middle men, 1 snppose, because they were com- municating with the board, or some other persons were commuuicating M'ith the board. Q. You were not doiug so yourself? — A. ^o, sir; I was not. Q. Therefore, between you and the board they must have been mid- dlemen ? — A. Yes, sir; that might be called middle-men. Q. Because you are not in direct communication ' — A. Xo, sir. Q. 1 find here also a letter dated March 3, 1872, to the following effect : '' I hope this will And yon in glowing spirits. I have nothing new to write." That is from Mr. McOIellan. " I hope you have made st)me favorable discovery since I left. Present my respects to Mr. Brown." That is your friend! — A. Yes, sir; William Calvin Brown. Q " I have seen Mr. Pelton this morning." This letter is dated Saint Nicholas Hotel. Who is Mr. Pelton ? — A, He was an applicant here for a contract. I believe of a wood pavement with a peculiar process for curing the wood. Q. Do you know what process ? — A. I do not. Seeley's process, I think. Q. I will read further from the letter. " Just a nod from him, nothing more. He cannot find out nothing from me. Keep mum. I find it is the best policy. Write me. If you want anything from me let me know." Xow, there seems to be here some reason for keeping very quiet. Do you remember what that was? This was March the third. — A. I haven't the slightest idea what he refers to there by " keeping mum." I sup- ])ose that he refers simply to a gentleman's keeping his own counsel, or words to that effect. There were so many competitors here that each one was trying to know what the other was doiug, and he must have referred to that matter. Q. You endeavored to take this advice, I suppose, in your operations here ? — A. I certainly took advice from every one I could get it. Q. You took the advice of your principal, Mr. McClellan, to keep Duun, as far as you could? — A. Yes, sir; certainly. Q. in keeping mum did you inform Mr. Calvin Brown that you were negotiating with Kirtland ? — A. No, sir; 1 did not. Q. Did you inform Mr. Kirtland that you were negotiating with Brown ? — A. No, sir. Q. Did either of these gentlemen know the other had any interest in tliis pavement ? — A. Colonel Kirtland knew that Mr. Brown felt an in- terest in the success of my securing this contract. So, Mr. Brown, on the other hand, knew that Mr. Kirtland felt au interest, but neither knew of the arrangement with the other. Q. Did either know the other had au arrangement ? — A. No, sir; not a word. Q. Yet you were there every day together ? — A. That is true in re- gard to Colonel Parsons also. I wish to state that here. Parsons did not know I had au arrangement with anybody else to pay auy cent;s per square yard to secure the contract. Q. Did Kirtland know you had the services of Mr. Parsons ? — A. He knew that. (}. Hecause he was a public employe, as an attorney? — A. Yes, sir. My idea, if I may be avowed to state here, was to have all the inlluence from dilferent quarters concentrated to get this contract. 1254 AFFAIRS IN THE^ DISTRICT OF COLUMBIA. Q. Now, Mr. Chittenden, you were here five mouths and ten days you saw no member of the board of public works, at least you did not communicate directly with them; you used, to procure this co-ntract, the |)ersons you have named ; now, how did you spend the remainino' portion of your time in this city, that is with reference to this work I Were you communicating with other people*? — A. I was communicating with dittereut ones, from time to time, iu regard to this paveuieut ami the meiits of it, but I was more particularly keeping quiet and letting others do the work. I was waiting. Q. Now, I wish you to explain to the committee why it is that during all this time you made no personal application in behalf of De Golyer & McClellan, to the board of public works, for this work. — A. I think an application was made to the board of public works. Q. That is not my question. My question is: Why was it that you did not go to the board of public works yourself, in person, or to some member of the board of public works ? — A. Well, I thought others could do it for me quite as well. 1 was a comparative stranger to all parties connected with the board of public works. I was a stranger in Wash- ington. Q. You thought the Rev. Calvin Brown, who was here on a visit from Hatnburg, coidd do better than you could in that regard ? — A. I did not sa}' that W. Calvin Brown did present the matter to the board of l)ublic works, but 1 thought he could aid in doing it as well as, and per- haps do it better, than I could — that is in speaking of the merits of the pavement. I thought it would do for them to talk about it quite as well as for me. Q. Therefore, you relied upon those two gentlemen, in addition to your counsel, to communicate with the board, rather than communicate with the board yourself; — A. I did. Q. Did you, during any portion of these five months and ten days 5'ou were here, have an interview with the board of public works yourself? — A. Not personally. The Witness. Do you mean with the board collectively ? Q. With the board collectively. — A. No, sir, I did not. I went with my counsel into the room at the time the subject was argued, but I said nothing. Q. But you did not personally apply to the board during the whole of that time? — A. Except as the a])plication of De Golyer & McClellan was filed by my dictation. Q. At the time Colonel Parsons made this argument, was Colonel Kirtlandjn the city? — A. That I would not be sure about. Q. He did not accompany ,\ou to the board at that time? — A. No, sir ; Mr. Brown did at that time. Q. Mr. Brown and Colonel Parsons 1 — A. Yes, sir. Q. When was that"? — A. That I cannot tell. I will have to refresh my memory upon that point. Q. Do you remember about the time? — A. If 1 knew the date of that application to the board I could tell more accurately. 1 will try to ascer- tain that fact. Q. It was after theai)plicatiou "? — A. Yes, sir ; I think it was after the application. Q. Did you spend most of your time at the Arlington Hotel ? — A. All the time, pretty much. I was away from the city a few days. Q. 1 mean wheu you were in the city. — A. Yes, sir. TESTIMONY OF GEORGE R. CIIITTENDEX. 1255 Q. TIow often did you see Colonel Kirtland, as a rule, at tlie Arling- ton Hotel ? — A. At least three tiaies a day. Q. Generally at breakfast ? — A. Yes, sir ; two or three times a day. Q. Was he in the habit of coining to your room, and you going to his ?— A. Yes, sir. Q. That was a daily occurrence ? — A. Y^es, sir. Q. Did you know, or do you remember, liis cliiof associates here at that time ? With whom was he in communication, so far as you ob- served? — A. That I do not know. I do not know with whom he was communicating. Q. You never saw him in communication with any one whom you suijposed could aid him or you, in this work ? — A. Except Mr. Page. He was talking to me, at one time, of Mr. Page. Q. But you never saw him in communication with any one that you supposed had any interest or intluen(;e, except Mr. Page'? — A. Xo, sir. Q. And the only report he made to you was that matters were pro- gressing, from time to time ? — A. Yes, sir ; that everything looked fa- vorable, or words to that effect. Q. xVnd your contract with him was that this money was to be paid out of the proceeds of this fund as it went along ? — A. Yes, sir ; that is the time — the arrangement should be such that we should fill a con- tract. Q. And pay for it out of the proceeds of this contract '? — A. Yes, sir. Q. That was understood between you and De Golyer «& McOlellan ? — A. Yes, sir. Q. That was to go in as a part of the expenses of this contract as much as any other element ! — A. It was to go in as a part of the ex- penses of the contract as much as any other. I wish to state to the chairman that since I have been standing here it has occurred to me that Mr. Nickerson, Mr. McClellau, and myself did one day come into the board of public works, to argue or to mention to the board some- thing about the curing process; I don't know — but in connection with that something was said in regard to this pavement. That was pretty early after I got into Washington. That did not occur to me at the time ; but it was the time the question of the processes for curing the wood was being argued, and Mr. Nickerson and Mr. McClellau went into the board and stated something about the Sanuiels process ; and, I think, incidentally in connection with that, theie might have been some state- ment in regiird to this pavement; probably there was. Q. With that exception, then, you never ap[)eared before the hoard of ]uil)lic works, except with your counsel, IMr, Parsons ? — A. AVith that exception. Q. I find here, on the 23d day of February, an application of De Golyer & McClellau — a proposal, I will read : Board of Puijlic Works, DisnacT of Columbia, Washinyton, February 23, 1872. Tlie board met at half past one o'clock p. m. Present — Governor Cooke, Messrfs. Shepherd, Magriider, and Brown. Of the advisory board, Generals Humphreys and Barnes. The members of the advisory board were present by rcijuest, for the purpose of con- sidering-, in connection with the boarresident stated to me that he had the note, and showed it to me at that time. Q. Who was the pi-esident? — A. I cannot call his name. Q. Do you know who placed that note there for collection ! — A. I do not. I don't know how thac note came there. He said he received it iu a regular way. That was his statemeut to me. Q. Why did he say that he received it iu a regular way ? — A. I don't know why he stated that. Q. Is not that the way these notes are nsually received by banks? — A. I su])pose so ; but I was surprised to know the note was in his hands ; aud it may haVe been owing to my expression of such surprise. Q. Why does Mr. McClellan, in one of his letters to you, call these notes " fancy notes?" — A. That is the name he always gave them after- ward. That is one of his own selection. Q. When did you last see Colonel Kirtland ? — A. I have not seen him for many months. Q. What is Mr. Kirtland's business? — A. I think that he has a farm at Green Bush, opposite Albany. Q. I noticed yesterday in your testimony you give a detailed account of these notes and they seem to be for different amounts and payable at difterent dates. You will hud a reference to the amounts on page 1222 of the record. They are embraced in the telegram sent by you to De Golyer & McClellan. — A. Yes, sir; at 1118 Prairie avenue, Chicago. Q. Was this telegram sent in pursuance of an understanding or con- sultation you had with Mr. Kirtland ? — A. It was after I had arranged the terms of payment — the time upon which these notes should be made. TESTIMONY OF GEOKGE E. ClIITTENDEX. 1257 Q "SVc'ro notes afterward made in accordanee with this telegram, as to Tlie amounts? — A. Precisely iu accordance Avith this telegram as to amounts and time, Q. ]-)id you carry with you when you returned to Cliicauo a memo- randum corresi)on(ling- with this telegram ? — A. 1 have no doubt that I had a nuMnorandum ; that is my custom. CJ. That was arranged between you aud Mr. Kirtland in Washing- ton i — A. Yes, sir. Q. Why was it that these particular amounts were named '? — A. That I cannot answer ; I do not know. They were made at tlie request of I\Ir. Kirtland as to amounts. x\nd the time was made at my request. That is U)ng time so as to pass over. (}. Did he give you no reason lor desiring several different notes in dittereut amounts? — A. Not a word was said in regard to that ujalter, (i. You are aware of the fact, that since you were in Washington (Mt\, that there Avas an investigation progressing, aiul were you not liki'wise aware of the fact that this same matter of the value of this fSamuers ))rocess of ironizing was under inquiry ? — A. I did not so understand it. Q. Did you not know that Mr. Nickerson had testified upon that subject? — A. I knew he had been before the committee in some relation, but I did not know exactly how. Q. And never had the curiosity to ask him what he testified to upou that subject? — A. No, sir; I never had the curiosity. (2- Don't you know that the (luestion of the injurious effect of the use of the ironizing process was under ccmsideration by the committee i — A. No, sir; I did not know tliat question Avas uj) at tliat time, Q. And in your freiiuent interviews with Mr, Nickerson that fact was never conununicated to you ? — A, Mr, Nickerson never intimated to me but what this was a good process for treating, (^, Don't you know that certain blocks that it was alleged had been decayed by this process were produced before that committee ? — A. No, sir ; I don't know that fact at all, Q, Nor did you attend any meeting of this committee 1 — A, I didn't ; not one. Q. Are you not aware of the fact that Mr. Kirtland, at one time, so- journed or resided in Chicago? — A. Tliat he resided in Chicago prior to my being in Washington? Q, Yes, sir. — xV, No, sir; I was not aware of that fact, (). He didn't reside there, then, subseipicntly ? — A, No, sir; not to m\ km)wledge, I have no knowledge u[)on that subject that he ever did reside in Chicago, (^>, How hjug did he remain in Chicago, during the pendency of tliis negotiation about the notes'? — A, Colonel Kirtland was in Washington daring the pendency of that negotiation, Q. 1 njean the negotiation witli regard to the payment of the notes ? — A. Oe miglit have been there a week. Q, Your relationswere asi)leasant and as intimate with Colonel Kirt- land as with IJrown, were they not ? — A, I cannot say they were (juite as intimate as tiiat, (). You nu't him fre(iuently? — A. Yes, sir. Q. Dined at the same table? — A, Yes, sir. (). And spoke to him with the same freedom? — A. I spoke to him willi a great deal of fr<'edom. (^. ^Vhy was it that lie, who was to receive much the larger jjortion of this compensation, loaned you no portion of the moue^ — that you 1258 AFFAIRS IN THE DISTRICT OF COLUMBIA. found it necessary to borrow? — A. I never dre-imed of taking a dollar of the money I gave him, of that $97,000. My idea was to have my profits entirely out of the contract. Q. Why did you after-ward, and before the payment of the $10,000 to you for Mr. Brown, make the arrangeuuMit with him that he shoukl loan you $8,000? — A. Simply because I had expended, at least, $10,000 of personal funds, including my family expenses, in Chicago and in Washington, in the fiv^e months and ten days in getting this contract, and I was short of money. Before I went back to Chicago — I think it was two days before I returned to Chicago — I said, incidentally, to Mr. Brown — I did not expect he would let me have the money then — I said, incidentally, to him, "I have got to borrow $8,000 for six months ;" and he replied, " I will let yon have that money." Q. The point I make is, why you should speak of your necessities to Mr. Brown, who was to receive but a small portion of this money, and not to Mr. Kirtland, who was to receive a very large sum of money? — A. The arrangement with Mr. Brown was to have cash ; the arrange- ment with Mr. Kirtland was iiot to have one dollar in cash. Q. But the notes given to Mr. Kirtland were negotiable? — A. Yes, sir. Q. Perfectly good f — A. Yes, sir. Q. And could have been discounted ? — A. They were discounted. Q. I understood you to say that the purpose yon had in borrowing the money of Mr. Brown was to meet obligations you had incurred in Chicago. — A. In Chicago? Yes, growing out of expenses. I had drawn upon my own resources. Q. Aud yon had no obligations outstanding here? — A. No, sir. Q. Could not you have used them with the same facility — the notes — as the money, in Chicago, the makers being perfectly good?- A. I think I might have done so. Q. And you never made that application to Mr. Kirtland ? — A. Xot a word. Q. i^or did you allude to your necessities with Colonel Kirtland ? — A. I think I never said a word to Colonel Kirtland in regard to that. Q. You received about $1,400 ? — A. To be exact, $1,375. Q. And you had expended a very large amoiuit beyond that. In what way had you expended it ? — A. In the first place, it I had re- mained in Chicago it would have been much more profitable for me than to have come here, as results have already proved. First, in re- gard to time ; and next, in regard to personal expenses, and last, but not least, ray family expenses which were going on in Chicago ad the time. Q. I will ask you if you did not entertain, from time to time, gentle- men at the table at the Arlington House? — A. I did. Q. I>id not Mr. Kilbourn dine with you there ? — A. No, sir. Q. Did not Mr. Huntington fre(pieutly dine with you? — A. Mr. Hunt- ington did dine with me before his death. Q. How frequently? — A. I think two or three times. I was glad to have him dine often. Q. Did any member of the board of public works dine with you there ? — A. Not a member. The Chairman. 1 do not think it worth while, Mr. Christy, to go in- to this. Mr. Christy. I have information from gentlemen that the witness has not explained the full extent of his acquaintance in this city, nor the persons with whom he associated familiarly, and with whom he dined. TESTIMONY OF GEORGE R. CHITTENDEN-. 1259 The Chairman. Ask the witness to give the name of any snch gen- tleman. Mr. Christy. I was laying the foniKlation. He spoke of large ex- penses liere. I want to know their natnre. Q. Then none of the oftieial persons ot this city dined with you, or took meals with you at the Arlington House while you were here? — A. Xot one. Mr. Huntington did, but he was not an ofUcer. Mr. Christy. I understand that. Q. Yon made an arrangenient with Mr. Brown and made an arrange- ment with Mr. Kirtland ? — A. I did. Q. Please explain why it was that you allowed this difference of com- pensation — so small a compensation to Mr. Brown, so large a compen- sation to Mr. Kirtland, they both being conditional on success ? — A. Mr. Kirtland, I considered, had more influence; that is, he represented to me that he had great influence to get a contract. (}. Did not Mr. Brown represent he had great influence ? — A. Mr. Brown represented that he had influence. Q. A great influence ? — A. Not exactly that. 3Ir. Mattingly. I suggest to the conunittee that this has all beeu gone over. Mr. Christy. This questiou has never been asked. The Chairman. Let the witness answer the question. Q. How did you estimate those things — ui)on what basis'? — A. Merely from my judgment of the matter. Mr. Kirtland said he had great in- fluence here, and would be able to do a great deal of good iu getting a contract. Q. Still you did not believe him, because you made it conditional "^ A. I believed him as well as I would any stranger wdio came to the Arlington. I wish to keep before the minds of the committee the fact that It was not necessary to have personal acquaiutance with him, or that I should have a personal acquaintance with a party, iu order for me to enter into a contract with that party to procure an award contingent — so that we may understand each other. Q. Mr. Kii'tland said that he had influence ? — A. Yes, sir. Q. Mr. Brown, with equal emphasis, said that he had influence ! — A. I cannot say with equal emphasis. Q. Of course, he did not use those forcible expletives that Mr. Kirt- land indulged in. Can you answer the question why you made the difler- ence in the amount of compensation 1 — A. Because I considered that Mr. Kirtland had more influence than Mr. Brown. Mr. Christy. Being a man of sin and the other one not a man of sin f Mr. Storrs. I submit if that is a question. The Chairman. O, no ; that is not a question. Mr. Wilson. It is a speech. Mr. Christy. I am not sure; one appears to be a reverend gentleman. Mr. Storrs. That will hardly be Mr. Christy. Perhaps the reverend gentleman was a man of sin. Mr. Storrs. 1 object t/^the question. The Chairman. 1 think we Imve exhausted this witness. Mr. ('iiRiSTY. In these interviews with Colonel Parsons, did you ex- plain to him the kiiul of gravel you. were using. Was it not known as self-cementing gravel ! — A. Yes, sir. Q. That was the great superiority '? — A. Yes, sir ; that was one of the features of the pavement. Q. Will you explain what you mean by self-cementing gravel .' — A. 12G0 AFFAIRS IN THE DISTRICT OF COLUMBIA. Gravel that when it is rammed — I believe that is the term pavers use — wlieii it is rammed between tbe blocks, that it self-cements or packs itself, so tbat it becouies like brick in time, and bard. Q. So it is not that it possesses any unusnal ingredients, this gravel, but simply tbat tbe pressure to wbicb it is subjected, gives it this ce- menting cbaracter? — A. It must bave a certain quality of iron, &c., in its composition. Tiie Chairman. Mr. Chittenden, I think I will ask you one other rpies- tion. Ilave you been in correspondence, in any way, with Mr. Kirtland since the 8th day of Jidy, 1872 ? — A. Once in a while in a friendly way, that is all; not in regard to business. Q. He would write you occasionally a friendly letter? — A. Yes, sir; once in a while an occasional lettei". Q. When did you receive the last friendly letter from him ? — A. Well, sir ; I cannot tell — not for some time. It is some time ago. Q. Have you any of these friendly letters with you i? — A. I have not. Q. No allusion in any of them to this business that you had been engaged in ? — A. JSTo, sir ; not at all. By Mr. Jewett : Q. I would like to ask you a question with a view to some scientific matters. Where were you born ? — A. In Monroe County. Q. What State f— A. New York. * Q. In the light or dark of the moon? (Laughter.) — A. lean hardly answer that question. Mr. Jewett. That is all. W. W. Warden sworn and examined. By the Chairman: Question. I wish you to state to the committee your business. — Answer. I am a lawyer in this city and newspaper correspondent — have been — am identified yet; having charge of a paper. I do not do much newspaper business uow, nor have not been doing much for a couple of years. Q. You are a practicing attorney, however, in this city? — A. Yes, sir, lam, and have been for a number of years. I devoted myself origi- nally to the newspaper business for eight or ten years — eight years— and since that my son has been running my newspaper business and I have not been doing much newspaper business. For three years I have been practicing law. Q. In justice to yourself I will ask you what newspaper you are con- nected with? — A. I. am corres|)ondent of the Boston Post. Q. Did you hear Mr. Adams testify this morning? — A. Y^es, sir; I heard all that he said. Q. He made some statements with reference to yourself. — A. Yes, sir. Q. If you agree with those, say so ; if you don't, state wherein you differ with him. — A. I differ in toto ; it was a tissue of falsehoods from beginning to end. That is what I mean to S|»y. Now I will give you my statement, if you will permit me. He states what is not true as to the manner of my introduction to Mr. Evans. Mr. Copeland had kindly said some things of me, as being a person who was compe- tent to take charge of his business — the business of Mr. Evans — in this city. I had never seen Mr, Evans. He had become entangled here very much. His accounts were mixed up. He was in bad odor, as it turned out, with the board. They would not believe him, and TESTIMONY OF W. W. WARDEN. 1261 he liad ^ot into sncli a condition tlmt tlioy absolutely refused, as be in- foniie-, trom what he himself said. I met him in New York, and he took me to Mr. Evans's business ])Iaoe, at the corner of Duane street and Broadway. He then introduced me as the gentUMnan of whom he had spoken, \vho lived in ^Vasllillf:ton. There was not a word said about it, other than askiu<;- me whether I practiced law there or not. I handed him a card, like one which I have in my pocket. He told me Mr. Copeland had been recommending U'.e to hin) as a proper lierson to take charge of his business, which had grown into huge proportions, and was very much niixed at the time. He said his assistants or representatives were not conducting the thing successfully, and he had got into a complication with the board and could not get a settle- ment, and wanted to employ me as an attorney for that purpose. I said I would be glad to take charge of his business. We were not together there longer than the time it has taken me to tell what I have tohl here. We parted with the understanding that in a few days he would meet me in Washington, or, if I came back — I was then in tiie habit of going to New York once a week— or when I came back, I was to call on him. \Vlien I went back the next time I did call, and he was away in Boston, or somewhere. The next time we met, he came here and sought me. His statements about my importunities are wholly false. I never im- portuned him. I entered into an agreement with him to give me a percentage on the amount paid him by the board from that date for helping him generally. 1 took charge of all his business, not the busi- ness solely of the board Q. What per percentage were you to receive? — A. Five i)er cent, on all that should be collected from the boai-d for attending to liis business generally ; not simply the business of the board, but any other connecteat these declarations of Mr. Evans, given under the circumstances they were, are hardly pro]»er to have go in evidence. The Chairman, i thiuk the suggestion you have made is a very proper one for you to make to the witness. That he should be cautious as to his statements so as not to involve the relations he sustains with Mr. Evans, but tlie committee, I thiuk, will hear whatever he may see proper to say on that subject, if it is pertinent. The Witness. If the cominittee please, Mr. Evans was permitted to say a great deal here about me, which, if you will pardoij me, was ut- terly irrelevant, and was in fact trying me; I want to pnt myself right on the record. The Chairman. Because we were appearing to try you, it is not nec- essary that you should try Mr. Evans. The Witness. No, but I wish to defend myself. The Chairman. I think you had better contine your statements, as nearly as you can, to the personal relations. The Witness. I will dei)art right here from it. My only object was, not to have Mr. Evans's statements go upon the record witliout some re- sponse from me. I was merely referring to what he himself has made reference, not to anything else to what was developed here. The Chairman. I do not think all that is material. The Witness. I will depart from that point. 1 simply refer to it as a matter of Justice to myself, and to show what character of man it was that was telling these things. 1 was em[)loyed as an attorney to do his general business, and it went on, as I tell you, and he gave me this order, of which he speaks, this $20,000 order, on the 28th day of October, and 1 have it yet. On the 5th day of December when he was down here, as he says, to make some disposition of his property he, in the most un- qualilied terms, agreed that that order was to be held by me to protect me for services I had already rendered, and what I should render in the future, and I hold in that rehition now exactly. Q. You hold these certificates pursuant to that agreement ? — A. Yes, sir. I do not care, so far as 1 am concerned, about this, and do not care to make any further statement. It was in regard to my relation with him as an attorney that I was anxious to make a statement. 1 do not care anything about the rest. By the Chairman : Q. I will ask one or two questions. You say in this first interview you made an agreement with Mr. Evans to become his counsel and to TESTIMONY OF W. W. WARDEN. 12G3 receive five per cent, upou all the collections made after that date ? — A. Yes, sir. Q. And that was in Kew York, at the corner of Diiane street ? — A. No, sir ; I aiiieed that I would take hold of his business, but we made the agreement as to that some few days afterward in this city. Q. You went with Mr. Copelaud with a view of uiakini;- some negotia- tions? — A. Yes, sir. Q. He didn't send for you?— A. O, yes, sir; that was the understand- ing. He and Mr. Copelaud had talked about me, and Mr.Co[>eland had agreed to bring me to him and introduce me. Q. You were really sent for, then, by him !— A. Why, certainly. Q. In order that he might have the benefit of your skill and judgment as an attorney ? — A. Yes, sir. Q. Do you know what amount was still due from the board of ]Kiblic works at that time? — A. At that time, as lie represented it, there were 813(>,()0(), about, due; but when I came to examiue it with the auditor, I think it was shown that there was in the neighborhood of $92,000 due. Q. Still due from the board of public works? — A. Yes, sir; but tljey were holding back, as was their custom, and, mark you, what he claimed to be due after he had performed his contract ; but they held back a por- tion of it as a perceutage, as they do always to protect themselves. Q. What was the total amount theu due; I want to get at that; what was the total amouut then due from the board of public works, to Mr. Evans, according to your judgment? — A. lu round figures, $93,000 or $94,000. Q. You were to receive 5 per cent, of that sum ? — A. Yes, sir ; of any sum that might be due him. Q. Now, I may not exactly understand. That is the reason I am ask- ing this question, how you could retain properly twenty-eight thousand dollars, if you were only to receive 5 per cent? — A. Twenty thousand dollars; this was the amount due at the time — in July or September — whenever it was, he come over here — the amount that was theu due him. He did other work. He continued on to do other work. He expected to do a great deal more. He did do more. It was in the future. I did uot retain twenty thousand to pay me that percentage on that i)articu- lar sum. I held this twenty thousand dollars three or four mouths after they confirmed to me, as a payment for what had been due me before, as might hereafter; that is, if he should secure in the future, some other contracts. Why, of <;ourse, it was the agreement all along ; iu sums thereafter to be paid him by the board of public works. i}. You were to have an interest in these future contracts, according to Mr. Evans's contract ? — A. There is a statement — [ do uot care to go into details. It is uot important to me, but that was not the agreement. I never heard of K street specially. (^ Jiut you had some (Conversation with him about your ability to procure contracts with the board ? — A. That is not true. Q. You never nuide any statement to the effect that you had great infitu'uce with Jim ^Magnuler? — A. I never use such language. 1 am not in tlie hal)it of u.sing those terms. 1 did know Mr. Magru to that period — the 5th day of December and for my future services. I did go on until a point of time — two months after that when he attempted to annul my order. Q. Upon what theory was that twenty thousand dollars arrived at? — A. Percentage — O, I beg pardon, I will have to state that afterward, after this agreement for 5 per cent — I do not know wliether it was a month or how many weeks, but after that agreement, when he found he was in such bad odor with the board, and was not going to get any more work, he then agreed with me that he would give me a portion — twenty-five or thirty-five cents per yard for any work the board gave hiui there- altn-. (I. Did the board give him any work thereafter? — A. Yes, sir, 5G,000 yards. Q. And you were to have what portion ? — A. It was to vary according to location. He said, for instance, for some on the hill he could not pay nieso much. That would only be 20 cents per S(piare yard. TESTIMONY OF \V. W. WARDEN. 12 G5 Q. How much down on the hill ? — A. I think, as I have been in- formed, about eight or ten thousand yards ; about that. Q. That would be about 2,000 for that, would it?— A. Yes, sir. "^ Q. What else l — A. The whole, as I tell you; the work done, iucUul- iug that, as I am informed, is 5,000 yards. Q. What percentage of that did you pay % — i^. Anyhow 25 ; as I say, it was to be from 25 to 35, according to location. Q. Why did he agree to give you a percentage on that ? — A. Because I was to make an api)eal and seek to get him in good odor, and continue to let him have work. Q. Did you continue to make the appeal ? — A. Yes, sir. il. Did you get those contracts for him? — A. I cannot say I got them. They did not hand it over to him, but they gave him further Avork with , the understanding that I would see that he kei>t his promises, and that he performed his work pro})erlv. Q. To whom did you make these appeals? — A. To the board. They were inclined not to give him any work; he was not doing his work well; he was neglecting it. He could do good work, but he was neg- lecting it in some places. Q. You knew that, and the board knew it? — A. I did not know it when I began with it. I learned this as we went along. Q. Y'ou continued to appeal to the board when he was neglecting his work % — A. No, sir. He promised to fix it, and he fulfilled his promise. They let him go on, and try other work, and he did it well ; that is, the sub-contractors did it for him. Q. Y^ou say he gave you as a fee this $20,000 ? — A. I did not say that he gave it to me as a fee, but on account of fees. I have his letter. That states the fact. He did not state that he was to give me this 820,000. 'He did not state anything of that kind. He purposely avoided stating that. His theory is, and he charges in his suit Q. Has he got, a suit against you?— A. Yes, sir; he has brought suit. He has not alleged the agreement in the suit. He simply charges that I have an order of his, and he hears that I am going to convert it to my own use. By the Chairman : Q. Have you converted it to your own use ? — A. No, sir. I never did make application to the board. I knew I could not get the money from the board. Q. You have the certificate in your possession ? — A. Yes, sir. Q. How much is it for?— A. $20,000. Q. It is an auditor's certificate ? — A. Y'es, sir. Q. You say you have not used it ? — A. No, sir. Q. To whose order is that certificate made payable? — A. To mine; it was understood always. Never until he raised this question in January. It was always understood to be my property. You see I held it from the 28th day of October. It was when he found he could not trick me out of it that he resorted to this thing. By Mr. Christy : (i. When you were employed, in the first instance, you stated that he was iu very bad odor ? — A. As it turned out. Q. You succeeded in deodorizing him? — A. No, sir; I don't think I did. Q. Not entirely ? — A. Not at all in that. Q. I will ask you this: In pursuance of that employment did you not investigate thoroughly the books of the board of public works, rela- 80 D c T 1266 AFFAIRS IN THE DISTRICT OF COLUMBIA. live to Lis contracts ? — A. I caunot say I did it tlioroiiglily. I did enough to see the condition of his account. Q. Did you not find the accounts of Mr. Evans in very great confu- sion ? — A. Yes, sir. Q. And in great uncertainty ? — A. Tes, sir. The Chairman. I must caution you in the interest of Mr. Warden's client. Mr. Christy. I am not speaking of the client, for that is not injurious to him, but I remember seeing Mr. Warden one day when he looked very much heated and very much fatigued, and he said to me he had just come from an examination of these books. If he will parden me for the betrayal of his confidence — I merely want to show the fact Witness. I do not mean to say to say the books were in great confu- sion; tbe trouble is his work Avas in great confusion, and they could not straighten out the books until it was put in better condition. Q. It was not because you found any confusion, — A. No, sir. Q. And you had no difliculty with regard to examination of the books ? — A. i^one at all. Q. It was merely in regard to his work ? — A. Yes, sir. His unfin- ished work. Q. Were you not aware of the fact that Mr. Oertly and others had reported his work had been done in a very superior manner ? — A. I was not. Q. And had allowed him largely increased compensation for his work after it had been done for that reason ? — A. I never heard of it. Q. You have interest in that controversy '? — A. No, sir. Q. Nor have you read the answer prepared by the learned counsel in this case upon that subject 1 — A. No, sir. BENJAivnN E. NiCKERSON, recalled. My attention has been called to an inaccuracy in my testimony. In one place I am made to say in the report in answer to Mr. Wilson's cross-examination — it seems he cross-examined me about East Capitol street. I supposed he was cross-questioning me about what I had been stating with reference to Pennsylvania avenue; but it seems he was ask- ing me about East Capitol street, consequently what I said on that sub- ject applies to Pennsylvania avenue — to work done by De Golyer & McClellan, not to work done by another man on East Capitol street. Then again I am made to say that Mr. Dent, now dead, informed me that he had made a contract with Mr. Chittenden for $10,000 for his ser- vices, and that afterward Mr. Chittenden got the contract. If I so stated I did not so mean. I do not think I so stated. It was Mr. Page. He was the man who made the statement, and not Mr. Dent. With ref- erence to what I stated with regard to the quality and workmanship of work particularly under the charge of Mr. De Golyer, and supervision of Mr. Quinby, I was referring to Pennsylvania avenue laid by them in 1872, and not to the work done subsequently by their assignees, who succeeded to the contract, and finished up that part of the contract so far as it has gone. Their work under the charge of Messrs. Whitney & Eay, so far as I have had an opportunity of judging, is vastly better work. I refer particularly to the work done by De Golyer & McClellan. I made another remark which, if the committee wdl allow me, I prefer to go upon the record in a little different shape than what it is there. I was asked the question, what I would say if Mr. De Golyer was pres- ent in reference to his manner of executing the contracts ? I stated TESTIMONY OF BENJAMIN R. NICKERSON. 1267 I would say to biin that be was an nnscrnpnlous contractor. I say so still, but I prefer, rather than to baxe my judg'ineut as to what au un- scrupulous contractor is, to state two or three circumstances upon which I based that statement. The Chairman. That is unnecessary. The Witness. To me it is a matter of opinion 5 I had rather state the fact. Mr. Wilson. That is, in relation to the manner in which he did bis work. The Witness. Exactly. The Chairman. You can state any fact in relation to ibis work. Mr. ^MattinGtLY. Was it in reg'ard to this work '? The Witness. Xot in regard to this work. The Chairman. Then you need not state it. The Witness. It is in reference to work done in Chicago. By Mr. Stewart : Q. Do you know Mr. Kirtland ? — A. Yes, sir. Q. How long have you known him ? — A. I met him here last spring, it is two years ago. Q. You have stated you were interested in having this contract awarded, because you expected to procure the work ? — A. I was here a long time before Kirtland was. Q. Did you come in contact with Mr. Kirtland pending these negotia- tions that have been testihed to "? — A. I met Mr. Kirtland occasionally ; we met at tlie Arlington; I saw him once at De Golyer & McClellan's office ; I have seen him upon the streets, more particularly driving a pair «)f fast horses. Q. During tbe spring of 1872, in April, May, and then into summer, and generally during that period, did you see him! — A. I saw him fre- quently. Q. Did you have any interest in what he was doing? — A. Well, sir, I had an interest in what it turns oat be claims to be doing, but pre- cisely what he was doing I do not think I bad much interest in. Q. Did you have any means of knowing whether be partici]>ated in procuring this contract or not! — A. 1 do not think Colonel Kirtland ever used influence that was beneficial in any sense to this contract, or that in any way pertained to these parties' interests. 1 never thought so, and do not think so now. Q. Why don't you tbink so? — A. Because he is a kind of man that if became to me and asked me I would not give him $12 for work for me. He was that style of man. Q. Did yoQ know at the time he was that style of man ? — A. Yes, sir. Q. What circumstances led yon to know it? — A. My attention was called to it. I do not know, but that perhaps a little out of tbe range of what I ought to say, but my attention was called to him as being a shyster. jMr. Page, of the firm of Dent & Page, called my attention to tbe style of man be was, more particularly. Q. Mr. Page was taking some interest in getting this contract? — A. Yes, sir. Mr. Page had made an arrangement with ^Ir. Chittenden, so he told me, whereby be was to receive a fee of $10,000 upon the award of the contract that be was endeavoring to get for De Golyer & McClel- lan. Mr. Page talked to me— I was interested with Mr. Page in some matters in New York. I knew Mr. Page very welK Hence we talked about it. I was in ftivor of their getting the contract and saying what I could, legitimately, in my way to favor their interests. Their interests 1268 AFFAIRS IX THE DISTRICT OF COLUMBIA. were identical with mine so far as a portion of the business was con- cerned. There was no bostility; on tlie contraiy, friendsliip. Q. Were you present when Mr. Chittenden said this morning that the only intiueuce he knew of Kirtland using was the influence of Mr. Page ? — A. AVell, this matter of which 1 spoke is about all the in- fluence he ever had, and I think about the last he will have. Q. Do you know the reason why they wanted to keep you still ? — A. Yes, sir ; I think so. Q. Can you state it a little more definitely ? — A. I came here, by the way, not on my own responsibility. I came here looking after the estab- lishment of the business in which I was engaged ; and I communicated to De Golyer & McClellan, and finally Mr. Chittenden came on. Q. You were here first negotiating ? — A. Yes, sir ; a long time before he was. They had been talking this thing up. The board of public works, by the way, had advertised for parties having different pave- ments and different patents to come forward before them and exhibit them, before Mr. Chittenden came here. Q. Did you get at his object in keeping you still f — A. Mr. Chittenden was rather reticent as to his exact object, but he told me that he had seen Mr. Huntington, and asked me if I knew him, and asked me how I knew him; and I told, him what I thought of him, and he told me he had already made some negotiations with Mr. Hunting- ton, and I rather ridiculed the idea of his considering that that was the ultimatum of what a man ought to do in a business transaction. Now, in a single word, I see all you want to get at. Mr. Chittenden's idea was this. That I was here in my own right, and in my own way, doing my own business. And became here, having subsequently made an arrangement with De Golyer and McClellan to obtain an interest as he has stated. I iiresume he made it. He came here; and finding Mr. Chittenden did all he could to keep me from saying or doing anything in connection with it; because he could, through Mr. Huntington, do better for me than I could do, which I well knew meant Chittenden and Chittenden's interest in the affair. He meant that if the contract was awarded he would get his percentage, and if I was conspicuous in the matter it would detract from Mr. Chittenden and his interest and pop- ^ ularity, if you please. Q. How was it after the death of Mr. Huntington "? — A. He came to me after that. In fact I went to his room, and the morning before he was up — the morning Mr. Huntington died — and we had a talk upon the subject, and he then said that we should have to take some other steps — to get some other parties to represent our interests and to carry out the arrangement that was already on foot. Q. What did you say about that? — A. I said that that was all very weU. Of course I was not, mark you, objecting to Mr. Chittenden, because De Golyer and McClellan seemed to think Chittenden was the better man of the two; perhaps he was; I am not saying he was not. After two or three days I met him every day, perhaps, several times a day, and this thing was spoken of from time to time, and then he told me as I have already stated, that he had obtained the party. Q. Did he tell you who he had obtained? — A. No, sir; that was one of Mr. Chittenden's strong points, never to name anything that was defi- nite. He studiously avoided and purposely avoided telling me that. He stated to me that he had many warm friends and powerful influence, and the thing was very smooth, and all it wanted was to be let severely alone, and he hoped I would not interfere; and above everything else I should not say anything to Governor Cooke. 1 told him I had seen TESTIMONY OF BENJAMIN R. NICKERSON. 1269 Governor Cooke, aiul he was very particular to know wluit I liad said. I told liiiu about all I had said — that was simply a matter ot business. He said he was very sorry that anything had been said to him; that the thing' was so very smooth that he would like to have it let alone. These were the arguments he used. Q. He was afraid you might hurt the plau ? — A. He was afraid I would interfere with his plans. Q. Was he afraid that your recommendation would injure it? — A. N"©, sir; he was very anxious I should recommend it. 1 went before the board twice, certainly, and I do not know but three times, and exhibited the evidences and specimens, and made the argument twice, certaiuly. By the Chairman : Q. How did you come to go to Mr. Chittenden before breakfast, on the occasion of the death of Mr. Huntington? — A. I heard Mr. Hunt- ington was dead early in the morning, and knowing that Mr. Chitten- den's main reliance was ou Mr. Huntington, I started for the Arlington. I was stoi)i»ing at the Imperial, I think. 1 went to the Arlington and went to Mr. Chittenden's room before he was up. I will state here that he had been to Xew York a day or two, and I think he arrived the night before. I told him Mr. Huntington was dead. He said, "No, it cannot be ; I was there at 12 o'clock last night, and they had a counsel of physicians, and he was a great deal better." He said, "There was some mistake about it." I said there was no mistake, Mr. Huntington is dead. He got himself up and came down-stairs, and sure enough he was finally made to believe that he was dead. Q. And you say that then it was concluded that you must get some- body else to carry out the arrangement ; Mr. Chittenden said that I — A. Yes, sir. Q. What arrangement was that, to carry out the arrangements you had on foot? — A. tfes, sir. <}. What arrangement was that? — A. The arrangement in relation to securing of a contract. Mr. Chittenden, as you will understand, had told me a dozen times or more that Mr. Huntington's influence and sit- uation were of a character that would insure the contract, which idea I ridiculed. 1 told him it was absurd. I did this when he first talked with me of endeavoring to prevent his placing too much confidence in Mr. Huntington's ability to carry out any such arrangement or being able to. Q. Why did you say that ? — A. I have no objection to tell you, although it does not a])i)ly to this particular case. Q. Wliy did you believe Mr. Huntington had no influence with the board ? — A. J w that jMr. Kirtland had any connection whatever witli Mr. Chittenden ? — A. 1 knew that he was in conversation with Mr. 1270 AFFAIRS IN THE DISTRICT OF COLUMBIA. Chitteudeu. I did uot know that Mr. Chittenden placed any reliance whatever upon him. Q. Did you know at the time that Mr. Kirtland was using any in- fluence or operating in any way to secure a contract for Mr. Chittenden '? A. iSTo, sir; 1 did not know it then and I do not believe it now. I did not believe he did use any influence. I do not believe he had any. Q. Do you know Mr. Brown ?— A. Yes, sir ; I know Mr. Brown. I met bim frequently. Q. Did you know Mr. Brown was operating in this way?— A. ISTo, sir. Q. Did you not go with Mr. Brown aud Mr. Parsons to the rooms of the board ! — A. ISfo, sir. Q. You were not present at this argument ? — A. No, sir. Q. Did you not go on the 20th of February !— A. Yes, sir. I was there, and' made an argument before the board. Q. Mr. Brown was not with you then ? — A. I:^"o, sir. Q. Did you know Mr. Brown was employed by Mr. Chittenden ? — A. No, sir; Mr. Brown avoided every reference to anything of the kind; I will say he avoided it. 1 mean to say he did not communicate any- thing. Q. You were in constant communication with Mr. Chittenden on this subject ? — A. Yes, sir. Q. Y'^ou were interested as the patentee or owner of the patent pro- cess, in securing this contract? — A. Yes, sir. Q. And you had frequent talks with Mr. Chittenden on the subject ? — A. Very frequently. Q. Did you see what he was doing? — A. Yes, sir. Q. Did lie ever tell you ? — A. He told me he thought they were get- ting along very tine, and that he was assured. I am now speaking up to the time of Mr. Huntington's death. I am speaking of the time that elapsed after the death of Mr. Huntington, subsequentf to that time. He assured me every time the question was up that he had secured the proper arrangements for carrying out substantially what had been secured with Mr. Huntington. He stated that Mr. Huntington had secured a promise and the assurance that the contract should be awarded, and that Mr. Huntington had securtd it, and would have obtained it in a few days subsequent to his death. His death cut it off, aud he had secured the services of other parties. My idea was that in the same line aud the same men Mr. Huntington had been associated with had been substan- tially continued, aud the arrangements were absolutely to be carried out. Q. Who were those men? — A, Mr. Chittenden never informed me; whatever he knew definitely he cautiously concealed. Q. Had you any idea who those men were? — A. Well, he informed me — yes, sir; I had an idea who they were. My idea was that Gov- ernor Cooke was the main man that Mr. Chittenden assumed to me to be relying up«n, and I will tell you the reason I say that. He referred to Governor Cooke in the same connection, and said that Governor Cooke was a warm friend, and that he was warml> enlisted in such im- provements, and was peculiarily partial to our pavement, and that he had every confidence in Governor Cooke's best wishes, aud, if you please, ofiices in the premises. He did not say he had absolutely made an ar- rangement with Governor Cooke. Mr. Merrick. The witness has already deposed to that in his exami- nation-in-chief. TESTIMONY OF BEXJAMIX E. XICKERSOX. 1271 By Mr. StewAkt : Q. Did you know of anytliin^ between Kirtlaud aud Cooke ? Did you ever see them tofivther ? — A. No, sir; I don't believe Governor Cooke knows him. 1 don't know, but I don't believe Mr. Kirtlaud has ever officiated in the matter. By Mr. Wilson : Q. Have you ever paid any money to secure contracts for yourself or for De Golver & McClellau ? — A. I have not for securing contracts at all. Q. Directly or indirectly ? — Xo, sir. Q. Have you paid out any sums of money in connection in an}' way with contracts ? — A. Yes, sir; and a good many dollars that I would like to get back. Q. To whom did you pay it ? — A. I have got a little ledger up there if you would like to see it. Q. Paid out in connection with these contracts? — A. With the i^xecntiou of the contracts aiul the establishment of the business. If you mean procuring the contracts, I say no. Q. What were the moneys you paid out for? — A. Buying machinery, &c. Q. I am not speaking about that. — A. I suppose you were not. I have not paid money to parties to assist me, nor have I paid it to anybody, directly or indirectly, to obtain contracts. Q. Have you been asked to place amounts of money with any person with reference to the procurement of contracts! — A. Yes, sir. Q. By whom were you asked to do that? — A. By D. W. Smith. He is a contractor here. He lives at Williamsport. Q. And with whom were you to place the money! — A. He wanted that r should place a thousand dollars of it with him, but I took occasion to decline. Q. For what purpose! — A. That it was necessary to secure our interest. I mean particularly the interest of Smith; and the reason I may add, because I aui using and treating lumber for Smith, and that he considered I should pay a portion of it, and hence he comes to me and asks me to furnish a thousand dollars of the four thousand dollars which he had that morning given his notes for, for the purpose of securing the execution and continuance of his contract. Q. To whom had he given that note ? — A. To his lawyer. Q. Who was his lawyer! — A. His name was Jeffries. Q. What was Jeffries to do for this $4,000 !— A. My dear sir, Mr. Smith came to me to pay $1,000 of it, and I absolutely refused, and he said he had already given his note to Mr. Jeffries. Mr. Jeffries was a man of large iniluence. Q. To do what! — A. To keej) him right side up. Q. To do what ; was that to get a contract t — A. No, sir. He had already had a contract. It was to protect him in his contract is the exact idea. Q. Were you called upon by anybody else at any time, to place any amounts of money in any other place than you have named ? — A. It does not occur to me that I have. Q. Give us your best impression on that subject ! — A. That is my best imi)ression. Q. Were you ever at any time called u[)on or asked to place any sum of money, or sums of money in the hands of Henry D. Cooke ! — A. No, sir. 1272 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. The last question I answered there, I donotknovy that I got the proper idea ; whether I had been asked by anybody to pay them any money, or to advance any money. Q. I asked you if you had been asked by any person to place any money in anybody's hands'? — A. No, sir; not in such a sense as yoii suggest. Q. And you never were asked to place any money in the hands of Mr. Cooke ! — A. I never was. Q. Uid you ever state that you had been asked to do so ? — A. No, sir. Q. Or anybody *? — ^A. No, sir. Q. Have you not stated that you were asked to place certain sums of money with Henry T>. Cooke by any member of the board of public works or of the District government! — A. No, sir; I never said that to anybody or anything like it. Q. Have you not said substantially that you replied that you had con- tributed enough already, and that you had been forced into your fight- ing corner now and you would not contribute another dollar, and that your contracts had cost you several thousand dollars? — A. Yes, sir; I have said a portion of what you stated there. Q. What was it you have said ? — A. I now refer to what I said to Mr. Quinby, if that is the man you refer to ; Mr. Quiuby called upon me, as I said, to have me see him, and with his hand behind him. I told him in round numbers, and with emphasis, that not only had I got through with that sort of thing, but I had paid the last dollar, if you please, to the last blackmailer that ever need approach me. Q. Had you been paying any money to any blackmailers ? — A. Well, now, I don't know that 1 ever referred to having paid any money to any of them. Q. What had you done ? — A. I say I had not paid them. Q. What had you done that made you use such an expression as that? — A. Because I hav^e been in the habit of being called upon every day, perhaps, in the week by some curb-stone broker to have me pay him something or do something for some service that he could possibly render me. I generally said no, with a sort of emphasis which caused them generally to leave me. Q. Did you ever solicit the influence of any contractor in order to get contracts for yourself; and, if so, whose influence did you solicit ? — A. No, sir. I have assisted contractors in every way that were running in my line and disposed to treat their lumber and use my process. I have run with that crowd all the time, wherever I find them. Q. Did you make any statement of the kind I have asked you about to General Denver, of this city ? — A. I am well acquainted with General Denver, and I have conversed with him about District aflairs, and about the state of affairs generally in tbis District, and the way that con- tractors were compelled to transact their business, and the injustice there was in not being jiaid according to the contract, and being forced to accept paper that they could not use, and made to sacrifice more than their profits in shaving their paper, if compelled so to do. Q. But nothing of the kind I have been interrogating you about? — A. No, sir. I might have said to General Jeffries, and rather think I did say to him, that I had stood it as long as I intended to stand it, and that I would neither be satisfied nor would I accept of the promises to pay. In other words, certificates of indebtedness without a promise to pay, and without interest upon my money. Q. Now, in that connection did you tell General Jeffries that you TESTIMONY OF BENJAMIN R. NICKEKSON. 1273 were in possession of facts wliicli you would use against the board if tliey did uot settle with you ? — A. iSTo, sir; I never said that. Q, Did you ever tell that to Thornton Smith, or something to that effect? You know him; he lives here in the city. — A. 1 know little Smith. Q. He was a witness here ? — A. I have uot seen him on the stand; but I have seen the testimony of Mr. Smith, and I suppose I know the man you refer to. Q. Did you ever tell anything of that kind to liim ? — A. I never said to him in language varying in substance from what 1 have stated to you. Q. Do you know why it has been that Page could not get this con- tract for be Golyer and McClellan ? — A. AVell, no, sir; I don't know why he could not, for Mr. Page claimed to me time and again that he had friends and influence and the promise of contracts. Not that alone, but other contracts ; and he negotiated for their sale, to my knowledge, of other contracts, and the terms were fixed for their sale. Q. Page negotiated for the sale of contracts? — A. Yes, sir; I know he did ; more than one. Q. Just tell us what contracts Page negotiated for the sale of, or at what rate ? — A. He negotiated with me for a contract of 50,000 yirds at $3.50 ; for which he was to receive 25 cents a yard bonus, when the con- tract was awarded and I had made the arrangement to turn the contract over to De Golyer & McCleUan, or McOlelhm, Jenkins & Co. Q. At what percentage were you to turn it over ?— A. $3.50. Q. What were you to get ! — A. 25 cents. Q. And Page 25 cents ? — A. Yes, sir. Q. And somebody else to do the work ? — A. Entirely so. Q. Could they afford to do it ! — A. I don't know. Q. They were willing to take it at those rates ! — A. Yes, sir. Q. Did Mr. Page get this contract ? — A. I didn't get it, if he did. Q. Was that contract awarded ? — A. Not to my knowledge. I am of the opinion it was not. Q. Do you know where the street was? — A. It was not d(^siguated. It has not been the plan in those things to designate the street, gen- erally. Q. What has been the general plan in the way of letting out these contracts, as you understand it? The Witness. In what respect? Q. To just make a contract to do so much paving and then the street designated afterward ? — A. Yes, sir; I think so. Q. Has that been the general plan pursued in this city ? — A. I think so. I think it has not been common when contracts were awarded to designate the street. I have seen several contracts but never saw one where the street was named. Q. Do you know of any ring in this city that had to be propitiated or paid before contracts could be awarded? — A. I have heard from the time I came in, perhaps, and before that, that nothing could be done in Washington — aiwl, by-the-way, it is not peculiar to Washington. I was at Pittsburgh, any Mr. Stewart : Q. Have you investigated to find out about this ring? You have been here sometime. — A. Yes, sir. Q. What have you found out ? — A. I have found out that there was a lot of shysters around here that ])retended that they control parties, both in ofUce and out of ollice, and tliat all tlu'y had to (h) was to go to them and get what they wanted; and that those parties could oidy be 1276 AFFAIRS IN THE DISTRICT OF COLUMBIA. seen through them; that they could fix up the thing if anybody could, aud iu uinety-uiue cases out of a huudred I fouud. that such parties were utterly without auy influence whatever ; and that they were only playing on the credulity of men who were fools enough to emploj^ them. By Mr. Wilson : Q. The fact that there was such a combination has been pretty gen- erally believed about this city? — A. I think there is a large percentage of people believe there was a ring, so called, that were managing to a very great extent to monopolize all that was valuable in contracts in this city. Mr. Wilson. So I suppose. The Chairman. Name those men. The Witness. It is a very difiticult thing to name parties. Mr. Stewart. I want to know who they are. Mr. Wilson. Why anybody should want to cut off an investigation of that kind I cannot imagine. Mr. Mattingly. I do not want to cut oft" any investigation at all, but I want the facts to be arrived at in a proper manner, and in a way that will leave no misapprehension or confusion in regard to them. I do not think it is proper that this committee should sit here to listen to the mere say so of parties — the mere statement of one party to another, about rumors in the community, without anything upon which to base such rumors. Mr. Wilson. There is no man on earth who has ever had anything to do with the law that would suppose anybody would accept that kind of statement as evidence, but for the purpose of getting at the facts of the case it might be of infinite importance. Mr. Mattingly. It is the first time I have ever heard of a fact being attempted to be proved by rumors. Mr. Wilson. Nobody pretended to want to prove facts by rumors. Mr. Harrington. You cannot convict a man by general reputation. Mr. Wilson. I do not suppose you can. Mr. Harrington. I was answering the question of Mr. Christy, Mr. Wilson ; I was not speaking in regard to your question, sir. Mr. Wilson. It has been stated here from the beginning that the District government wanted this thing thoroughly investigated, and I have no doubt they do. Governor Shepherd. I do most assuredly. I want the whole thing sifted to the bottom. Mr. Wilson. If we close this investigation without thoroughly in- vestigating and dispelling all these rumors, this community will still be as dissatisfied as when we began. I would like to make a clean thing of it. Mr. Hubbell. My objection is taking the statement from Mr. ISTick- ersou here as to what somebody told him as to what somebody else said exists. If he can give the name of any person, or any set of persons who compose such a ring as he speaks of, theu I want the names of those persons. Mr. Mattingly. Anybody who knows there is such a ring. The Witness. All I say is that impressiens were prevailing here that there were parties in the city who composed a ring who had to be pro- pitiated in order to render it possible to get contracts. By Mr. Stewart. Q. Did you ever find anybody among these numerous curbstone TESTIMONY OF BEXJAMIX E. XICKERSON. 1277 brokers wbo did uot pretend to have control of Avhat tiiey called the ring ? The AYiTNESS. They generally claimed to have coiitrol. Q. llow many men did yon tind in the conr.se of yonr investigation that had control of this ring? — A. I do not believe there was one of them who really had control of any ring. 1 think it is all bosh, as a rnle, from the beginning; and these pretenders were simply nothing more than sharks about the street seeking whom they might devour. Q. How many men have yon met during the last three years that pretended they could sell out the ring ? The Witness. Do you mean shysters ? Well, I guess about three thousand. [Laughter.] Mr. Haering-ton. How many have you found who pretend they can sell out Congress? [Laughter.] A. O, about the same number. By Mr. Hubbell. Q. In your own mind, did yon have anj- idea of the p^^rsons who com- posed that ring ? — A. I have never believed myself with reference to a ring in any such sense as it has been generally uuderstond to exist. That there have been parties associated in various ways for their own pur- poses I never entertained a doubt, and I do uot now ; but I do not believe there is any ring. Q. Who are the parties ? Give their names. Give what they said or did. — A. Well, sir, I am telling you what my opinion is, from such evi- dences as I have had in my i)ossessiou. It is very ditficult to give names. Q. Give the names of any whom you suppose to be connected with that ring or with these combinations. — A. Well, sir, I refer to the public rumors; and it has turned out — some facts about them; more than I supposed was the case — that the contractors met for the purpose of making a combination among themselves, and then to proceed with the combination to compel or influence or obtain contracts in their own behalf, driving other people out. Q. You dodge my question. You have stated that you were under the impression that Mr. Huntington and Mr. Page were in some sort of combination by which they had influence with other parties. — A. That is what they claimed to have. Q. Give the names of other parties. — A. I do uot know them. Q. Who do you think they were? Give us your impression. — A. I should think — take Mr. Huntington as a specimen. I should think that Mr. Huntington — I was introduced to Mr. Huntington. He was the cashier of the First National Bank — a man who was not only a shrewd and an able man, but was a man at the head of jobbing in this city ; and, any party con>ing here Q. That does not answer the question. — A. I prefer not to speak of Mr. Huntington, because he is dead. Q. You have named Mr. Huntington, and said you had reason, or the impression was created on your mind, that Mr. Huntington and Mr. Page were here combining with other parties. Now, was there any im- pression given to you as to who those parties were? — A. No, sir; neither of them gave me any names; but, on the contrary, they talked to me in a way as though they did intend to give me names, if they had them. Q. Did you form any idea in your own mind as to who they were ? — A. No, sir ; no distinct idea. 1278 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Chairman. I think the committee are in accord, and in thorongh accord, with reference to the question propounded by Mr. Wilson. The first charge made by these memorialists is, that there was a conspiracy in this city for procuring contracts, and engaging in other operations. Now, if this witness can state the names of these conspirators, either by common rumor or otherwise, the committee desire to know — whether it came from Mr. Page, Mr. Jones, or anybody else — they desire to know so far as he has any knowledge. He is a contractor, and has watched these contracts from the beginning. We want to know the names of these conspirators, or these men, who have controlled this board of X)ublic works. Mr. Mattingly. That we have no objection to, but earnestly desire that the witness may be called upon to give any information he may have of that character. By the Chairman : Q. Now, just give the names. — A. I told you two or three times that no names were given, and I don't assume By Mr. Bass : Q. You were asked by Mr. Wilson what Mr. Page told you the names were. Answer that question. — A. I stated distinctly that Mr. Page cautiously and purposely avoided telling me. Q. He did not give you the names ! — A. No, sir. By Mr. Wilson : Q. I was trying to get from you the names Mr. Page gave as being the parties connected with this ring. — A.. Mr. Page was too sharp a ne- gotiator to give names, for he was negotiating for himself. These peo- ple are very cautious about giving names. Nine-tenths of them have not got any to give, is the reason why. Q. Is that your knowledge, or conjecture? — A. It is my knowledge. My experience among them has been that they attempt to humbug you by trying to make you believe that they have some great influence, when they do not possess any at all. Q. Have you any knowledge as to why it was Mr. Page could not get contracts? — A. No, sir ; I canuot-say why it was. He told me he was unable to get a contract. He kept putting the question ofl' until the arrangement I had made for their disposition had passed, and conse- quently I had no object in pursuing the thing further. I do not think Mr. Page got any contract. By Mr. Mattingly : Q. Do you know whether the board of public works, or any member of the board of public works, has, in giving out any contracts, been in- fluenced or controlled by anybody, either corruptly or incorruptly — in any manner ? — A. No, sir; I do not believe they have been coutrolled by anybody. By Mr. Harrington : Q. They have generally been pretty hard to manage, have they not I — A. Well, yes. Q. Was I right in understanding you to use the term curbstone- broker? — A. I have used that term, sir; I do not know what you under- stood. Q. Are you able now to refer to any of these curbstone-brokers, or did you include that with the shyster ?— A. When I used the term shy- ster, I did not apply them to lawyers necessarily. I meant to state- TESTIMONY OF BENJAMIN E. NICKERSON. 1279 hangers-OD, whether they were originally lawyers and broken down, or otherwise, that are hang-iug about tlie streets and hotels. A man can- not go and take a square drink unless he has half a dozen at his elbow. AVherever you go you meet them, and they have all got influence ; they all expect something; they sometimes get it. I sometimes give them a drink, and that is about all. By Mr. Wilson : Q. More likely to be at your elbow when you took a square drink than at any other time? — A. I found them rather thicker at that time than at any other. You find them everywhere. I do not mean lawyers necessarily. I mean the class of men here without any visible means of sui)port, who are endeavoring to get something out of somebody for something that they do not possess and never can obtain. By Mr. Christy : Q. You spoke of a note to which you were asked by D. W. Smith ? — A. Yes, sir. Q. Do you remember the date of that application? — A. I do not re- member the date, but if it is important I can give you the date within two days. Q. It is only important for this reason : the impression is upon my mind that that had relation to those arrangements already testified to by Mr. Jones. — A. I will relieve you of that, because when this other $15,000 matter came out I compared the thing and found it was another arrangement. You are entirely mistaken; it is entirely distinct, and I can bring you dates to show that it is. I was disgusted when I found that he got 815,000 in one way, and then turned around and expected $1,000 for another, for what I supposed he had not the influence or power to obtain. I so told Mr. Smith, that I would not give him a cent, and that he had better abandon that kind of speculation. I speak of that class of men. He is a clever gentleman when he stands by himself. Q. Then this did not relate to the arrangement between Jones as trustee? — A. Is'o, sir; it was afterward, and it was entirely a distinct matter, and Smith gave his note that morning, as he told me, for $4,000 for services that he was to render to keep him in his interest and right side up in connection with his contract, and he said that inasmuch as he was paying me a large amount for sawing and treating lumber, that it was no more than just that I should pay my 2)ro rata share. I asked him about how much, and he told me about $1,000, and I told him I would not pay a thousand cents to him or anybody else. I denounced the whole system with some severity, and so 1 did to this man Quinby. There is one thing I see on ray note here. The question was asked me whether or not the price at which I sold this lumber was the market price, or was above or below the market price. I see by reference to the report that I said it was below the market price, or rather below. I now wish to state distinctly what came under my own observation. The Chairman. Well, I would not go into detail about that. The Witness. It is a wrong impression that you got ; it is below, sir. By Mr. Wilson : Q. State how much below. A. I bought Q. We do not care about details. — A. Verv well ; 1 bought 500,000 at $17.50 instead of $18.25; there was 800,000 sold on my dock for $13.25 subsequently. Those are transactions that came under my own observation personally, all of which were below what other i^eople were paying for lumber, and very considerably below. 1280 AFFAIRS IX THE DISTRICT OF COLUMBIA. John M. Butler, having been duly sworn, testified as follows : i^ Mr. Christy. We wish to have the witness examined on the subject of the 36-iuch iron main, about which testimony has been heard here- tofore. By the Chairman : Question. What do you know about this 30-inch main ! — Answer. There has been a good deal of time which has elapsed since I knew anything about it ; but I can state just what I know. I was sent over by Mr. Austin P. Brown ; I was then a cleric for him or an employ^, and went to Baltimore to purchase all the pipe, several millions of pounds. That "was, Ithink,onthe Ifth of August, 1871, [referring to memorandum.] Q. You purchased all the pipe, did you ? — A. That is, I supposed I had. I got a price given me when I was over there. Q. From whom did you purchase ! — A. From Mr. Benson. Q. For whom ? — A. For Mr. Austin P. Brown. Q. Of this city 1 — A. Yes, sir ; I had instructions to go over to buy it, and I bought it, so far as I know and understood. Q. Do you remember how many feet you purchased? — A. There was no definite fixed number of pounds, because they did not know them selves, as I understood. Q. You bought whatever was necessary, at so much a pound, for Austin P. Brown "? — A. Yes, sir. Q. Was that pipe afterward put in ? — A. No, sir ; 1 do not think it ■was. I would not say positively, but I do not think it was put in. Q. Was it delivered here to Mr. Austin P. Brown ? — A. No, sir. Q. You purchased it ? — A. Yes, sir ; to the best of my knowledge and belief, I purchased it. Mr. Christy. I want the subsequent transactions that defeated this I)urchase, if they are within the knowledge of the witness, and who were interested in the contract subsequently. By the Chairman : Q. This pipe was not put down you say ? — A. No, sir. Q. What do you know about the subsequent proceedings ?— ^A. I should not want to state of my own knowledge what I do know ; I should not want to say anything about it ; I do not want to tell, because I do not know exactly. Q. State what you know. — A. I have already stated that I went over to Baltimore, under orders of Austin P. Brown, to purchase the pipe, and bought it on the 17th of October, [August,] and can produce tele- grams to that effect. By Mr. Christy : Q. Who was Austin P. Brown f — A. A son of S. P. Brown, who was then one of the members of the board of public works. Mr. Christy. I would like to have the witness produce the telegrams that he received. Mr. Harrington. What is the object of this, Mr, Christy ? The Chairman. I was about to ask that of Mr. Christy. It is in evi- dence that this 3G-inch main was under the joint control of the governor of the District and an engineer of the Army. Mr. Christy. That is true, sir; and that the government subse- quently paid the entire cost of it— the District government then or- ganized. The Chairman. Very well ; but the witness has already stated that TESTIMONY OF JOHN M. BUTLER. 1281 l^e purchased tbis for Aiistiu P. Brown, and that this particular pipe was uot used. Mr. Christy. And that arraiiijement was defeated. Now I want to know the rehitiou between S. P. Brown and the persons who subse- quently obtained the contract. The Chairman. Very well ; you can show that if you want to. By Mr. Christy. Q. Who did, in fact, subsequently obtain the contract? — A. That I cannot state of my own knowledge. I am pretty sure who did, but I cannot swear he did it. I never have seen the contract. By the Chairman : Q. The contract to put in the pipe ? — A. Yes, sir. The CHAIR3IAN. Is not that a matter of public notoriety. Is it not known who had this contract. I think we have had a statement. Mr. Christy. Yes, sir; by Mr. Evans, that he bid $00,01)0 less than the contract was subsequently awarded at. The Chairman. To a firm in Camden, New Jersey ? Mr. Christy. Y^es, sir. The Chairman, (to the witness.) Do you know that firm? — A. 1 think I know Mr. Starr. Mr. Harrington. I may be able to relieve the gentleman on the other side from a good deal of time. I will state that proposals were made for bids, but that Mr. Evans was not the lowest bidder. The whole matter was subsequently referred by Major Eliot, (and it is of public record and a report to Congress,) for the opinion of the Attorney- General of the United States, as to whether they could accept bids, some of the bids being informal. The Attorney-General decided they could not, whereujmn new proposals were issued and new bids received, and at that subsequent bidding Mr. Evans was not a bidder. This admis- sion may save a great deal of time. The Chairman. We intend to have Major Eliot bring these papers here. Mr. Christy. Yes ; but we desire now to show (and whether we can by this witness or not I am not insisting) that S. P. Brown, then a member of the board of public works, was iu fact then interested in the contract ultimately awarded. The CHAIR3IAN. If this witness knows that he can state it. By Mr. Christy : Q. From any of the circumstances in regard to it in any negotiations between S. P. Brown and Mr. Starr — did you say Mr. Starr iu this city ? — A. Yes, sir. Q. Did you see him in company with S. P. Brown ? — A. Yes, sir ; on or about the time. Q. State what occurred at those times. — A. It being so long ago I would hardly like to say anything more; I have my impressions. The Chairman, (to Mr. Christy.) I think you ought to call Mr. Brown. Mr. Christy. We prefer, of course, if we can prove the fact by this witness, to do so. I want it to appear that he has certaint elegrams received from Austin P. Brown, which I would like to have inspected by the committee for the purpose of determining whether they are competent evidence or not. The Chairman. I will ask the question, (to the witness.) Do you know any fact, or can you state any fact, disclosing any interest of J. 81 D c T 1282 AFFAIRS IN THE DISTRICT OF COLUMBIA. P. Browii in this contract with Starr & Sous. — A. Of my own knowl- edge I could not. Q. You were a clerk of S. P. Brown 1 — A. A clerk of the young man, A. P. Brown, his son. Q. Can you state any circumstances that would indicate that Mr. Brown was a partner in that transaction — any fact or circumstance 1 — A. It seemed — well, I could not. I should not want — all I know about it is impression. I should have to hear him say something. I never have heard him say that he was interested, but he seemed to take an interest in the transaction. By Mr. Christy: Q. What did he do with reference to it? That is certainly competent evidence — the acts of Mr. Brown. Mr. Harrington. You mean the elder Brown ? Mr. Christy. Yes ; S. P. By the Chairman : Q. What did Mr. Brown do in relation to this contract? You can an- swer that question. — A. Well, I do not know what he did do. I could not sny. It is so long since that I could not state positively what he did do. Mr. Christy. Do you know whether he used any influence with Aus- tin P. Brown to induce him to withdraw from this contest for the con- tract"? Mr. HuBBELL. Is that the son — Austin P. ? Mr. Christy. Yes. The Witness. I could not state that positively, either. As I say, my impressions would be a different thing, but I could not state that. Mr. Christy. Well, if your impressions are derived from acts or dec- larations of S. P. Brown, you can give them — your impression of what was done. The Chairman. He can state his recollection. Mr. Christy. His best recollection of what was done. By the Chairman : Q. You can state anything that was done, on your recollection of it. — A. Mr. Starr was in our office with Mr. Brown, and Mr. Brown seemed to take a deep interest in the transaction of purchasing the pipe. I have heard a great deal said about it, but positively what was said I could not state. Q. You cannot remember'? — A. No, sir. Mr. Christy. Anything that was stated by S. P. Brown, or by Mr. Starr, or any one for him, in the presence of S. P. Brown. A. I would rather not state what I think. Q. I only want your recollection of any declaration made ? The Chairman. You may state your recollection of any conversation between those parties. The Witness. I do not recollect distinctly. Mr. Stewart. I would like to inquire, in order to see the materiality, what relation S. P. Brown had, as a member of the board of public works, to the letting of the contract. Who let the contract ? Who had the let- ting of the contract ? Mr. Christy. We are informed that the witness has in his possession certain telegrams received, while on this mission in Baltimore, from Austin P. Brown ; and those telegrams contain that which I think is TESTIMONY OF JOHN M. BUTLER. 1283 material to this inquiry. I should like those submitted to the com- mittee. Mr. Stewart. Who had the contract of letting the contract? Mr. Mattingly. It is here in section 1) of the legislative proceedings of the District of Columbia : That the United States enji;iaeer in charge of the Washingtou aqueduct be, and he is hereby, authorized and empowered, in conjunction with the governor of the District of Columbia, to enter into and contract for the laying of a 36-ini;h cast-iron main, men- tioned in the first section of the same, and to adopt the following route for the same, uaniely. That is the law under which it was laid. j\Ir. Stewart. Governor Cooke was governor ? Mr. Mattingly. Yes, sir ; and it was also under the engineer in charge of the Washington aqueduct. Mr. Christy. We think the board had not anything to do with that. Mr. Stewart. That may be so, but I only wanted to know the fact. By Mr. W^ILSON, (to the witness":) Q. What is your business now ? — A. Claim agent. I am a writer or secretary for two or three friends. Q. Were you a book-keeper of Mr. Brown's ? — A. Yes, sir ; for the young man. He was largely engaged in contracting. Q. How long have you been engaged in book-keeping ? — A. For two years. I was a master in the ISTavy for six years previous to coming to this city. Q. Do you know anything of the books of John O. Evans ^ — A. I do not ; I have never had any business transactions with him, except Mr. Brown had a few dealings, buying lumber from him. I know nothing about them. Q. Do you know anything about where his books are ? — A. No, sir. Q. Do you know anything in relation to any copies of John O. Evans's books having been made since this committee was organized ? — A. No, sir. Q. You have no information at all on that subject ? — A. No, sir ; none whatever. Q. Have you stated to any person that you knew anything about John O. Evans's books or their whereabouts f — A. No, sir. Q. Have you stated to any person that copies of those books had been made for use before this committee ? — A. No, sir. The telegrams heretofore referred to by the witness were directed by the chairman to be placed in evidence. They are as follows : [Received at sonthwest corner Baltimore and South streets, August 17.] Washixgton, D. C, August 17, 1871. To J. W. Butler, Esq.: Can you lind any one prepared to make tlio pipe immediately. Can give an^' one that makes an otFer an answer to-morrow. AUSTIN P. BROWN. [22 paid. Answer quick.] Washington, D. C, August 17, 1S71. [Received at southwest corner Baltimore and South streets, August 17.] To J. W. BuTl.Kit, Esq.' If you can purchase the pipe, I can get contract. AUSTIN P. BROWN. [10 paid. Answer quick.] The Witness. I would like to state that I brought those telegrams 1284 AFFAIRS IN THE DISTRICT OF COLUMBIA. here to refresh my memory. It is not of my own volition that I give them up. The Chairman. We have taken copies of them, and will return you the originals. By Mr. Stewart, (to the witness :) Q. Did you do anything in respone to those telegrams! — A. I an- swered them, I think, in both cases. By the Chairman : Q. You purchased this pipe, you say, in response to these telegrams'? — A. Yes, sir. By Mr. Wilson : Q. Did those parties from whom you purchased finally deliver the pipe ? — A. No, sir ; to the best of my knowledge, they did not. By Mr. Mattingly : Q. How much pipe did you contract for? — A. For all that was neces- sary for the large main ; those were the conditions ; at so much a pound. Q. Did you make an absolute bond for the purchase of that much pipe *? — A. Yes, sir ; that is, a verbal bargain. Q. From whom ? — A. From Mr. Benson. Q. Who was he? — A. He was a large manufacturer of pipe in Balti- more at that time. Q. You contracted with him for the delivery here in Washington, to A. P. Brown, of sufficient pipe to lay that "water-main did, you *? — A. Yes, sir ; that was the understanding. So far as I knew, I bought it. Q. Was the price agreed upon ? — A. Yes, sir. By Mr. Bass: Q. What price was it ? — A. I would rather hate to state the price, be- cause I would have to refer to my memorandum ; and as a mill would make a great deal of difference, I could only approximate to the price. It was somewhere about two and a half cents for the straight pipe and three and a half for the special castings. Understand I do not state positively that those were the prices, but somewhere in that neighbor- hood. By Mr. Stewart : Q. You are giving your idea? — A. Yes, sir. Mr. Christy. Now', we desire that the witness should refresh his recollection by the memorandum to which he refers. The Witness. I may or may not find that memorandum, but I think I can find it. By Mr. Mattingly : Q. Do I understand you to say that on this telegram you made an absolute purchase of this pipe ? — A. No, sir ; those are the two telegrams that I found to refresh my memory as to the date of the transaction. Mr. Mattingly : Q. Where were you when those telegrams were received? — A. In Baltimore ; I think the 17th of August, 1871. I would state, however, that, previous to receiving one of these contracts — that telegram was received before I had contracted or had the fixed price, which made me think it simply Q. What I want to know of you is, whether, on these telegrams, you TESTIMONY OF JOHN M. BUTLER. 1285 made a contract for the purchase of the pipe. — A. O, no. I had ver- bal instructions before I went to purchase the pipe. Q. You had verbal instructions before you went to purchase the pipe? — A. Yes, sir; and after i arrived there several telegrams were sent me. Q. The purchase of that pipe never was completed, so far as you know, as I understand? — A. The delivery was not; the purchase, so far as I know, and state here under oath, was made. Q. You made a contract for the purchase, I understand that ; but what I mean is, the contract never was consummated? — A. No, sir; I will not state that positively'. Q. You kept Mr. Brown's books. Did lie receive that pipe and pay for it ? — A. Ko, sir ; but that does not follow. Most of these pipe men are all in combination, and they sometimes deliver pipe through other parties. There was no one firm in the United States that could make this pipe. They all had to combine to a greater or less extent ; and, notwithstanding all that, these men may have delivered pipe through some other parties, but not through Mr. Brown. By the Chairman : Q. These men who were engaged in the manufacture of iron pipe were engaged in combination, so that there was a uniform price? — A. I am impressed that that was so. Q. Were Starr «& Sons manufacturers of iron pipe? — A. Yes, sir. Q. There was a uniform price for this pipe? — A. It seemed to me so ; yes. The Chairman. I have no doubt that that is so. It is so of many articles of iron, I know. By Mr. Christy : Q. Do you know whether Austin P. Brown received any sum for with drawing from this competition? — A. No, sir; I do not. I would not want to swear here that he did. My impressions, of course, differ ; but I do not know anything about it. Q. Was there any fact which occurred which indicated any such ar- rangement as that? — A. I think negotiations stopped rather abruptly when I got home; that is all. Q. After you returned home did Austin P. Brown recall his authority that you haort of the board for 1872 and 1873, there are excavations and hauling, with the exception of Six- teenth street, in tlie wooden pavement, where the word " filling" is used ; there is a small amount for filling. But in examining these tables I find there is always excavation and extra haul; and, since the excava- tion was paid for and the haul, wherever the contractor dumped that earth he is paid all he is entitled to, and consequently the earth being dumped, there it was — put there free of expense. Mr. 3IATTINGLY. I Wanted to know whether it was an inference of yours, or whether you were testifying to a positive fact. Third street west, between Marvland and Indiana avenues. Governor's answer, pages 404, 4:?S, 444, 449, anil 45i), and pases 1-10 and 141 board of public works, 1873. Wood pavement, at S^i.lO; United States charged at §3.50. Curbing at 81.43; T'nitod States charged at 6I..5t). Sewer, Si.l-.'j.TO ; United State.s live-sixths, 82,115.00. United States charged with 11,777 cubic yards of grading, at 40 cents. Again, on page 449, 3,580 cubic yard.s, at 50 cents, 81.790. I think this .grading is a mi.stake ; it is filling, and should not be charged as other streets paid for it. Page 438 : Five hundred and sixty-four sfjuare yards brick charged, at §1 i)er square yard. Board of public works rejiort has not chaigcd for brick pavement. If we compare these charges to United States and with table board public works, 1S73, page 140, we liave United States charged with §05,911.80, and (811,038.85— .87,155.00 for sewers) =$3,883.85; adding we have 8-'9. 795.85 as the amount paid by United States. Add to this general fund 836,489,42, and pioperty- liolders 818,244 71 = 854,734.13, we have 88-1,529.78 as amonnt collected by board public works for street ; deducting cost of street 868,230.63 from above, we h.T,ve 818.299.15 as am()unt collected by board of public- ^vorks, more than cost of street. I do not know whether that was collected from propertj'-holders or the Government. Governor's answer, page 434 : 'Winder's building, wood pavement charged to United States at $3.50. Board of public works report, 1872, table XXX, wood pavement at 83. Governor's an-swer, page 437 : Fourth-and-a-half stieet, between Mis.souri and Maine avenues, 5,860 ctil)ie yard,a of grading, at 40 cents = §2,344. This is filling, and should not be charged, as it was paid for by other streets. Governor's answer, page 398 : Madison and Jackson Square, United States charged 815,990.97. Board pub-ic works, 1872: General fund, 86,075.94; property-holders, 83,037.96=89,113.90; adding what I'nited States paid we have 825,104.s7 as amount collected; deducting cost of street, 822,915.67, we have 82,189.20 as amount collected beyond cost of street. Governor's answer, pag(!s 409 and 422 :' Filling canal, §140,666.80. This should not be charged, as it was paid for by other streets. Governor's answer, page 427: Fifteenth street from Pennsylvania avenue to B north, and Svene- teeuth street from New York avenue to B north, 41,035 cubic j'ards grading, at 40 cents = 816,410. This shiiuid not be charged, as it was paid for by other streets. Board public works, 1873, page 160 : 10,000 square yards grading, and same hauled. This is, I think, too much grading. B .street was filled from First to Second. Since B crosses Second street, and both arc paved, the half intersection should be deducted from one and added to tlie other. Board public works, 1873, page 141': Half intersection of C with Third should be deducted. Governor'* answer, pages 435 and 436 : ilassachnsetts avenue. Eleventh, and Twelfth streets ; Massa- liiisetts avenue. Tenth and Ehiventh streets. Both charged the same ; must be a mi.stake. Board i)ublic works, l!:'73, jiage l(i5: B north, Sixth to Se-veuth; 7,593 4-9 square yards grading and 4, .5-34 4-9 haul. This street, 1 think ,was filled. Board public works, page 85: Coniifxticut avenue, IT to I, and K to Boundory. Whole ccst, §110.575.43; United States pavs 839.661.20. Governor's answer, page 411: United States 8104.266.37. Board public works, 1872, XIV, Winder building, 82,334.00, charged to United States. Page 50, -.tfio.OO. Governor's answer, page 434, wood ])avement alone, 83,1)5.00. Board public works, 1872, Table XXXV; Vermont avenue, I street to Massachusetts .avenue ; gover- nor's answer, page 415; Venuont avenue, K stieet to Fourteenth-street circle; United States charged 8-30. 993. 47 ; two-thirds general fund, 825,033.32; property-holilers, 813,909.16, malcing 8.'39, 900.95 as received from the street. In table, whole cost of street, including intersections, cliarged to other streets, 839,797.08. Deducting from above, wo have 830,103.87. United States paid for 3,130 feet of sewer, 810,011.00. Table, whole cost of sewer, 85,313.79. That includes man-holes and traps. Table, 2,792i square yards brick pavement, 83.035.32: goxernor's answer, 5,834 square yards brick pavement, 8.5,S34. Table, 4,205 squai'e yards sodding, 83,102. ,50; governor's answer, 5,740 square yards sodding, .83.870. Board of public works,"l873, Table XIX, charge X(!W Ilatnpshire avenue, 8173 ; gov- ernor's .answer, 413, across Sixteenth street. This amount shoulil bo deduefed from table. Governor's answer, ])ago 414, Pennsylvania .avenue. First to Fourth and Sixth to Seventh streets east. 8391,S6-3.05; divide by 3 =81.30,020.68; subtract from tlie .above, we have .8-3(il,24l.37 as tlio amount to be i)aid for by United States. Since 8171,746.90 lias been appropriated, deduct this from the above, and wi- have .880,494.47 as the amount due by tha United States. But on pjigo 415 it is stated to be 8146,743.43; deducting the above, we have 857,248.00 as the amount too much charged to United States. Governor's answer, page 411, 810l.26t;.27 should be 898,032.93, a ditlerence of §5.33.!. 34. Pago 413 81«3.013 55 .should be 8172,778.20, a differtiueo of 810,165.35. I'age 414, 8157,700.72 should be 81-1.5.838.43, a ditTereuee of 811,862 24. Pago 411, 814,291.73 should be 89,957.02, a ditfereuco of 81,334.67 ; making a grand total of 888,944.50. 1308 AFFAIRS IN THE DISTRICT OF COLUMBIA. lu the table for the improvemeut of Third street, the wood pavemeut that they tore up — prismatic wood pavement, which was condemned — they have hiid on Third street crossiuji' and on L street, at the cost of $3.50, when the price for it was only $3. By the Chairman : Q. Why do you say the price was only 83 ? — A. Because it is so stated iu the contract. By Governor Shepherd : Q. On wliat street — on Third ? Mr. KiVES. On Third street. Governor Shepherd. The contract states $3.50. Mr. EiVES. It is $3.50 for the Ballard pavement, but for the prismatic pavemeut it is only $3. That was not burnettized. Governor Shepherd. There is no prismatic pavement there except- ing one or two intersections. Mr. EiVES. Yes, sir ; three. Governor Shepherd. Very little of it, I know. Mr. Eives. There is about 400 square yards, I believe. " Five per cent, is too much charge for expense of the street." That question Mr. Mattiugly asked me before, if 5 per cent, was not a small estimate. I replied that I thought it Avas. If he recollects, I was referring to the Bladensburgh road. By Mr. Mattingly : Q. The question was put to you as an expert ; you were here testify- ing as an engineer. My question was whether 5 per cent, among engin- eers was not an unusually small charge for contingencies. Now, I ask you whether you, as an engineer, know whether any charge is made by engineers to cover contingencies? — A. Of course you cover contingen- cies in every case except in some of these tables. Q. Is it a usual charge for engineers to claim a percentage to cover contingencies? — A. I believe so. Q. What is the usual charge ? — A. Well, I do not know. Q. Did you ever do any engineering when it was done? — A. Not when I had to pay out any money. I have done plenty during the war, throwing up fortitications, when it did not cost anything. But here is the cost of Third street; there is so much for superintendence, and then there is five per cent. Now, if you take and multiply $12,000,000 by five per cent, it amounts to a good deal of money. Mr. MattingisY. Contingent expenses amount to a good deal of money, too. Governor Shepherd. I would like to call the attention of the com- mittee, while we are on this subject, to the fact that nowhere has the United States Government been charged with that 5 percent, that I can see from these bills made up, and if that was charged it would amount to a quarter of a million dollars, a good deal more than any of these discrepancies which can be stated to appear. By Mr. Wilson : Q. If you have anything further, Mr. Eives, we will hear you. — A. I do not know that there is anything more to say. Q. Have you made any further memoranda than those you have given to the committee ? — A. Well, I have memoranda, but they are not iu good shape ; I do not think I could state it unless I wrote it out. Q. Have yoa made examinations of other streets than those which TESTIMONY OF WILLIAM TORSYTII. 1301) you liave already spoken of to see whether the same discrepancies ex- ist with reference to other streets of a siniihir character; have yon looked through these reports that have been presented by the board of l)nb]ic works with a view of ascertaining generally whether this class of discrepancies exists '! — A. I think there are discrepancies in the re- port on almost every street ; for ins'auce, the cross sections. Take Alassachusetts avenue, for instance; in the report of the board of pub- lic works for 1S73, you will find Second street one-lialf deducted for in- tersection of Massachusetts avenue. Second street was laid before Massachusetts avenue; then, when you come to Massachusetts avenue, you will find that the one-half intersection is not added. Take First street at the intersection of E. In the report of the board for 1873 you will find 97 square yards charged — I think it is 97 — to E street. First street was done before E, and therefore one-half of the whole of the intersection should be charged, and not 97 yards. By Mr. Mattingly : Q. What is the 97 yards ? — A. That is what I tried to work out. I cannot make it out. ]Mr. Forsyth might exidaiu it; I cannot. Xow, take that 97 yards, and if you will look at First street, you will find that That has not been deducted; it has been added to E, but not de- ducted from First. You take all the streets throughout the city and you will find about the same fault. Examination of William Foesyth. William Forsyth, a witness, was called on behalf of the memo- rialists. By Mr. Christy : Question. Did you prepare a map of the city of Washington ? — Answer. That is my publication, (referring to map.) Q. Be kind enough to point out, on that map, to the committee the Government reservation at the corner of Twentieth street, New Hamp- shire avenue, and O street. — A. I will do so. (The witness did as requested.) Mr. Christy. I desire to call the attention of the committee in con- nection with this testimony to page 453 of the governor's answer. There is a charge of 811,402.50 against the Government of the United States for the cost of improvement of that reservation. The Witness. 1 wish to make a correction of my testimony oh Satur- day in relation to some measurements on Pennsylvania avenue east. I was a little excited, then, I did assist in making the measurements on Pennsylvania avenue east. I am reported as saying that I did not. I was asked by the chairman did 1 make any estimates on Penu?ylva- uia avenue, of pavements laid by De Golyer, and I am reported here as saying "No ;" but it should have been, '' Yes." By Mr. Merrick : Q. Do you mean to say that you answered " yes ?'' — A. I ought to have answered so. The Chairman. You did answer "Xq," as I recollect. — A. I did •■Mswer " Xo," but I should have said "Yes.' Tlie Chairman. I merely wanted to exculpate the reporter. The Witness. O, sir, that is all right. By Mr. CilRiSTY : Q. I call vour attention to reservation at the intersection of Xew 1310 AFFAIRS IX THE DISTEICT OF COLUMBIA. Hampshire avenue, O street, and Twentieth street. When did you pre- pare that map ? — A. That map was prepared in 1870, I think. Q, Were you aware at that time that there was a Government reser- vation at that point ? — A. I am aware at all times that there are public spaces throughout the city. Q. What is the exi)lauatiou of the fact that you did not indicate it upon the map ? — A. Because the map would not admit of it; the scale is too small. Q. Was the reservation too small or too large for the map, do I un- derstand you I What is the explanation "I — A. Well, I have told you once, and I shall not tell you a second time. I told you that the scale .of the lot was too small, and if you cannot comprehend, do not ask me the second time. By Mr. Wilson : Q. Well, I will ask you a question, sir. If you were making a com- plete map of the city of Washington, and there was a Government res- ervation, would you leave that reservation out because the map was too small to put it on? — A. It cannot be shown on it; the scale is 500 feet to an inch. Q. Then that is not a complete map of the city? — A. It is a map showing the general squares and the streets. Q. It is not a complete map of the city of Washington ; is that the way you wish to be understood? — A. I do not say that. The same res- ervations Q. Very well; I want to know, though, about the accuracy of your map. I do not think that it is necessary to get sensitive about it, sir, because we are simi^ly trying to get at this thing as it is. In making a map of the city, if there was a Government reservation any place in the city, in order to make your map complete it would have to show it. — A. It shows Government reservations. Q. Would it show the Government reservations in the city of Wash- ington? — A. It does show it. Q. Do you say that there is a Government reservation there ? — A. 1 say that it is a public space. Q. I am not talking about that. Do you know what a Government reservation is ? — A. I know what is meant by them. They are all num- bered. Q. What is meant by them ? — A. I am on reservation No. 1, which comprises the ground on which the President's House is located. Q. You did not leave that off your map ? — A. I certainly did not : it was too large. Q. How many Government reservations are there altogether ? — A. I presume — I see Xo. 17. Q. That is the number, is it not ? — A. I believe so. Q. You have got them all on that map, have you not ? — A. I have, sir. Q. Have you left any Government reservations off" that map ;— A. Xot that I know of — that I have known as Government reservations. Q. E"oAV, then, what you are calling Government reservations are these spaces at the intersection of avenues and streets. Is that it ? — A. That- is ])ubUc spaces. Q. They are not Government reservations, are they? — A. They are public spaces. Q. Are they Goveramcit reservations'? — A. They are Government spaceij. TESTIMONY OF WILLIAM FOESYTII. 1311 Q. Are they Govenimeut reservations ? — A. They are not reservatious. What is meant by reservation is what I have stated to yon. They are unmbered, but what is designated and known as public spaces. There is one of them that has been made in 1853, and improved, on Pennsylvania avenue — that space at I street, and the circle, and other places through- out the city. Q. 1 understand that. But arc these known as Government reserva- tions? — A. If you will permit me to send down to the Commissioner of Public Buildings' ofiice, you will iind General Washington's communi- cation to the Commissioner in relation to the public spaces, and you can then decide for yourselves what was meant by reservation also. Q. Very well ; we will try to get at all the facts about this. 3Ir. Stewart. Maybe he can state the substance of that. — A. Xo. I would i)refer that it be sent for and be read for the judge's information. Mr. Wilson. Perhaps I am already informed about it ; but I shall take occasion to settle that before we get through with this examiua tiou. You call these, then, not reservatious, but simply public spaces ? — A. Public spaces. Q. That is to say, it is the ground that is open where there is an intersection of avenues and streets? — A. That is so, sir. Q. That is all there is of it f — A. Yes, sir. Mr. Christy. Now, Mr. Forsyth, if you call them public spaces, let me ask you this : You accompanied jMr. Samo in his various examina- tions of this work done by the board of public works, did you not ? — A. I did. I have so stated, in all places, and at every point I showed him where these public places were. Q. Be kind enough to inform us whether it was not you that advised Mr. Samo to place this heading to this account to which I have re- ferred, on page 153, " Xew Hampshireiiveuue reserve, at the intersection of Twentieth and O streets.'' — A. I guess not. I have not dictated to him what headings be should make at all. Q. You say you did not say to him whether it was a Government space or a Government reservation ? — A. It was a Government si)ace. Q. You told him it was a Government space and not a reservation ' — A. It does not say so. The Chair^ian. ^^'hat page are you reading from ! Mr. Christy. Page 453. I Iind the Government is charged with 811,402.50, for what we suppose to be imaginary reservation, omitted from the map prepared with great care and intelligence by Mr. Forsyth. By Mr. Mattingly : Q. Do you claim that the work was not done ? Mr. Christy. I will advance to that'in a moment. I desire to ascer- tain first whether the witness is laboring under a hallucination or not. The Witness. The work is there, and it is a public space. That is all I have to say about it. Q. The first charge is 2,514 square yards of pavement ? The Chairman. That must have contained that number of yards at least. Mr. Christy. I hope so. And also G72 linear feet of curbing. Q. Will you give us the dimensions of that space ? — A. You have the facts belbre you. You will have to go upon the ground and look for yourself, if you want anything more. The Chairman. Answer that (luestion, Mr. Forsyth, if you know. The Witness. The measurements attest what is to be found on the ground if he goes there. That is all I have to sav. I conld not tell the 1312 AFFAIRS IN THE DISTRICT OF COLUMBIA. size of it. I baveii't tlie book of mea-snremeuts here. I caunot state tberSize from memory. Mr. Christy. I desire now to call attention to page 437 of the gov- ernors answer to the charge of 432 linear feet of sewer. It is under the statement " H street north and Nineteenth street west, south of Penn- sylvania avenue." Will you state, now, when in fact that sewer was constructed '?— A. That sewer was constructed, I think, in 18G8 or 18G9. Q. Explain how it enters into this charge. Mr. Christy. I desire to show that this sewer was constructed as early as 1SG7 or 1SG8. He remembers it as 1SG3 ; that answers our puri)ose. I want you to explain why he instructs Mr. Samo to make the charge for that against the Government of the United States, it having already been paid for by the adjacent property-holders. The Witness. If it was paid for by the adjacent property-holders they got credit for it. If they faid it once, and it comes into the line of Penn- sylvania avenue, and they get credit for it, it is all the better for the property-holders, is it not "? Mr. Christy. That is not an answer to my question. I desire to know why you have instructed Mr. Samo to make that charge against the Government of the United States, it already having been paid for! The Witness. Was it ever paid for by the United States! Mr. Christy. Yes, sir; it was paid for by the United States, as ap- pears here. The Witness. Was it ever paid for before by the United States ; was it not around that Government reservation or public space between Eighteenth and Nineteenth streets, on H ? Mr. Christy. Will you be kind enough to answer my question, in- stead of interrogating me? we will get along more pleasantly if you will. I want your explanation of the fact that a sewer was laid so long ago as that, and charged for, and paid for, as appears in this voucher, by the United States. -• A. Well, it has been put dov^n there and it has never been paid for by the United States, and consequently the people ouglit to get the benefit of it. It is for the drainage of the public property there, and they do get the benefit of that in their assessment. Q. That is all the explanation you have to give ? — A. That is all, Q. I understood you to say, at your examination before, that the rea- son that the cross-sectioning was not continued over the streets gene- rally, was a want of sufficient force in the engineer's office. — A. That I said. was my belief, and I believe so still. Q. What was your conneetion with that engineer's office — your posi- tion there? — A. I informed you of that the other day. Q. Were you paid for your services as an engineer ? — A. I was paid for my services, as I stated to you the other day. Yes, it was assumed to be so. Mr. Christy. Now, I desire to show the bias of this witness by re- quiring him to state the entire income he has received, since the forma- tion of the District government, from all sources, as engineer or sur- veyor, lie was of an amphibious nature, having the two offices. Mr. Jewett. I understood the witness to say that cross-sections were embarrassing. The Witness. No, I did not say so. I agree with you, Mr. Jewett, about the cross-sections. Mr. Jewett. P>ut before that you said it was embarrassing. The Witness. In some cases, probably. 1 know in some cases they are very embarrassing. TESTIMONY OF WILLIAM FORSYTH. 1313, Mr. Wilson. The absence of tlieui is sometimes very embarrassing ! The Witness. That is so. It has been to me in one or two cases. By Mr. Christy : Q. I want to know what your income has been from all sources, as surveyor and engineer, since your connection with the District govern- ment. — A. I get $2,000 a year as surve^'or and $3,600 for doing work for the board of public works, Tliat is, working in the day and attend- ing to all their business, giviug them copies of all papers that they re- quire from my office. Q. Do not you do, also, considerable work for citizens for which you are paid ? — A. Certainly I do. and I will do work for you, if you want it done. Q. That is not an answer. — A. I do, I do. Q. State your income from all sources. — A. I cannot tell you that. That is my own business, not yours. By the Chairman : The witness lias stated that there was a want of engineer force, and I suppose you want to show that a part of his time was occupied in private work. The AViTNESS. My duty as surveyor is one thing, and my other duty in connection with the board I do at night. I do a great deal of com- putation at night. My otUce is an office of fees, so that what they pa}'' me would be an equivalent to what 1 would make. Mr. Thurman. The question is, without going into the dollars, what l>ioj)ortion of your time was employed for private individuals 1 — A. I could not well define that. Q. Can you form any idea ; — A. I work sometimes from six o'clock in the morning until ten and twelve o'clock at night, and Sundays, too, sometimes. Mr. Jewett. That is not the question. The question is, what pro- liortion of your time is devoted to your private engagements ! — A. My proper hours, according to the laws of the office, are between 9 and 3, and during the balance of the time, I can do as E please, for any other person outside of my regular office-hours. By Mr. Thurivian : Q. Was that so during the time that these improvements were going on here ? — A. A^es, sir. Q. Your compensation as surveyor was $2,000 ? — A. Yes, sir. Q. And you were assistant engineer of the board of public works, at a salary of §3, GOO, Were your office-hours in both of those offices from 0to3! — A. I stated before to yon, in connection with this, that my office is an office of fees, and then I did work in the morning and up to 12 and 1 o'clock at night, preparing ])apers, calculations, &c. Q. Let me understand, isn't this $2,000 tliey pay you for your services as surveyor of the District a salary! — A. Yes, sir. Q, And the $3,G00, is not that a salary ? — A. That is given to me for my services for doing work for the board. You may term it a salary. Q- Then there are two salaries, and you say the olUce-hours in which you earned these salaries are Irom to 3, — A. I said that my office hours as surveyor properly under the law is between 9 and 3, but that I am accustomed to working from and 5 sometimes in the morniHg until 12 and 1 o'clock at night. Q. 1 understand that those are your proper office-hours. Who estab- lished them, you or the law ? — A. The law fixes them — from 9 to 3. 83 D c T 1314 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How does it fix tlie office-hours — tLe liours to wliicli your office shall be kept opeu, or the number of hours you shall work ? — A. That the office shall opeu at 9 and close at 3? Q. That don't undertake, then, to make a G-liour man of you instead of an 8 or 10-hour °? — A. I am all hours, as the government may require. Q. Was it the understanding between you and the District govern- ment that you were only to work for the government six hours — from 9 to o — and that the rest of the time belonged to yourself? — A. As I said to you before, m}- office is an office of fees. Q. It appears to have been an office of salary. — A. Yes, sir. Q. Now, let us see about fees. Did you get fees from the government, too, as well as salary'^ — A. No, sir. Q. So far as the government is concerned, it was an office of salary*? — A. Yes, sir. Q. So far as individuals were concerned, it was an office of fees'? — A. Yes, sir. Q. Tell us what projiortion the fees bear to the salary ; then we have got to form some idea of liow much of your time is employed in earn- ing fees — what proportion of your compensation was annual compensa- tion and what fees ? — A. I don't comprehend what you are driving at. Q. About how much did you anuuall}" make from fees? — A. Probably $1,800 to $2,000. Q. Now, while you were engaged in making this eighteen hundred or two thousand dollars a year by earning fees from private engagements, don't you think you could have cross-sectioned a good many of the streets in that time ? — A. I have done my duty for what I got. Q. That is no answer to my question ; don't you think you could have cross-sectioned a large number of streets in the tiaie you were doing this private work 1 — A. At my regular hours, as I stated before — business for my otfice is between nine and three — that was the time I was to do my regular office-duties, and if I did not choose to employ myself to the board of public works, why I need not have done so. They could not have compelled me to. Q. Do I understand you to say that it was the understanding that for this $5,000 a year that you were to give but six hours a day of your time? — A. No, sir; I did not say that. Q. How much of your time? — A. I have given them from twelve to fourteen hours a day of my time. Q. The question I want to come back to is, and you might as well an- swer it first as last, if you had employed the time that you were engaged in doing work for individuals in cross sectioning these streets, whether you could not have cross sectioned a large number of them ? — A. Of course, if I had no other business to do. Q. Let the fees alone and cross-sectioned the streets? — A. Certainly, it is so. I don't know that I could, either, because 1 would do as much work between 3 o'clock and 7 o'clock as jirobably one or two would do in double the hours between 9 and 3, for the board. By Mr. Wilson : Q. How many assistants have you had? — A. Two; one in the country and one for Georgetown. Q. What salaries did they get? — A. They got a salary and whatever they could make in fees. Q. What were their salaries? — A. One gets a thousand dollars a year and what he makes, and the other fifteen hundred dollars a year. Q. Does he get fees, too ?-^A. No, sir. TESTIMONY OF WILLIAM FORSYTH. 1315 Q. Where is lie located ? — A. In Georgetown. Q. AVliat is liis name ? — A. Wilson. Mr. Wilson. It is a pretty good name. Witness. Lt is a very good name. Q. Now, liow many of your family are employed in tbe board of pub- lic works ? — A. That you must examine them about. Q. I think you can save all that trouble. — A. That is none of my business, what they do for the board. They are employed there as any other persons are, and if they don't earn their living there, they will earn it somewhere else. If their services are not required, why let the board dismiss them, and they will find other employment. You must ask them on that point. Q. Is there one of your sons employed there at $2,000 a year ? — A. You can send for him and ask him the question. Q. I ask you the ({uestion. — A. Yes, sir ; there is. Q. Is there another one, at $1,500 a vear '.' — A. Yes, sir. Q. Another, at $1,200'?— A. Yes, sir."' Q. Any more of your family employed by the board of public works! — A. No, sir. Q. Have you a son-in-law engaged there ? — A. So they say. Q. What do youjcnow about it ? — A. I believe so. Q. Do you know what his salary is ! — A. I think he gets $1,800 a year there. Q. Some one will please hand Mr. Forsyth tbe report of 1872. [The report being handed witness.] Tarn to table 20 ; did you make out that table ! — A. The expenditures were made out in the auditor's office. The latter part has been made out in my office. Q. Who did the engineering upon which this table is made out? — A. I cannot tell you that. Q. East Capitol, from First to Eleventh street east ? — A. I cannot tell you; I believe Mr. Phillips was the chief engineer; he had some of his assistants there. Q. Did you know whether you made that out or not ! — A. I didn't; I suppose there was a part of it made up in my office ; that is the side- walks; probably the sewers, and also the brick pavement. Q. Who measured the curbing? — A. I measured the sidewalks upon this, or rather my assistant did, ami also the sewers, I think. Q. Did you measure the curb ? — A. Yes, sir. Q. How much curbing is charged up on that street, from First to Eleventh ? — A. Please get the vouchers. Q. There it is, right before you. — A. Xo, sir; I don't go by this. Get the vouchers that were sent to me. Q. Can you explain it from the face of this paper? — A. They have charged here for taking up and resetting curb. That is the cause of this being brought up to 29,000 feet. Q. Can you explain it from the face of the paper ? — A. Xo, sir, 1 can- not. Q. Then, if you cannot explain it from the face of the paper, how do you expect any one else to do so ? — A. I didn't make out the statement. Q. 1 did not either, but I find it there. — A. This shows the aggregate of all curbing that was set and taken up and reset in consequence of the changes there. They were going to have the street parked in the center, and then the people demurred against it, and wanted to have a railroad track laid there, and then the curbing had to betaken up and changed to some other place. Q. I will ask yon a question or two about this, as long as you say you 1316 AFFAIRS IN THE DISTRICT OF COLUMBIA. cannot answer it from the face of the paper. Just take that report. Now, look and see if you find 4,642 linear feet of curbing charged at one dollar and forty-two cents"? — A. Yes, sir. Q. Tbat is not simply setting — that is the curb and the setting, is it not "? — A. Yes, sir. Q. Run down the column, and see if you find 0,015 feet charged at one doHar and forty-two. — A. I see that also. Q. That makes 13,657 feet?— A. Yes, sir. Q. Now, I ask you the question, you will find tlie total numl)er of front feet for 6,291 in the left-hand lower corner? The Witness. Where is the statement of this street ? Mr. Wilson. Kever mind about that. The Witness. There is no use going on until I have the papers here. Q. I will give you the amplest opportunity to explain. Witness. There is no use iu going over this except you get the ex- planations as you go along. Q. I will give 3'ou the amplest opportunity to explain it. 6,291 feet. That is front feet on both sides of the street? — A. I cannot tell you that except I look at my papers. Q. You have it before you there ? — A. Yes, sir ; that is both sides of the street. Q. Can you put 13,657 feet in curbing iu that space? — A. Not well. Q. You cannot do it, can you? — A. No, sir. Q. You will not com[)laiu, then, of the people not understanding what these things are? — A. I did not make out this statement. This is a statement made out by the auditor. There have been several changes iu the curb. There was old curb there that was taken up. Then, there were several changes there from parking iu the center and curbing on the street and extending sidewalks which make up the 29,000. Mr. Wilson. That is the way I presume this got in there. Q. Now, I want to know if you know what became of that curb that was set in the center and afterward removed? — A. I know nothing about it. Q. Were you upon the street while this work was going on? — A No, sir. Q. Who was there superintending it? — A. I cannot tell you. Q. Now, look at that again. You find 2,618 feet 6 inches at 30 cents. That was for setting. That is new curb. Then there 482 of old. That is setting, also, isn't it? — A. Yes, sir. Mr. Wilson. But you see that will not do, because this 13,657 feet of curb is all new curb — not old curb. Now, I cau understand how you might charge them with the cost of setting and resetting and taking up and putting down again a half dozen different times, but I cannot understand how you got more than 4,000 feet of new curbing there for which you have charged the property-holders. The Witness. Mr. Winters, where is our statement from the audi- tor? Mr. Winters. I had it just now. It is the same thing. Mr. Wilson. AYe have looked at that. It is the same thing. The Witness. You have just exactly what I have. Nine thousand and fifteen is what the actual measure is. Q. That is what they ought to be charged with ? — A. Yes, sir ; that is there now. Q. Youhad charged them with thatmuch,but they are charged because the assessment-sheet shows it; all the papers show it with more than TESTIMONY OF WILLIAM FORSYTH. 1317 13,000 feet ; bow do you account for tbat ? — A. There is no way I can account for it, except tbat tbe curb was lianled tbere, and when tbey were going to ])ark tbe street in tbe center, and afterward it was con- cbuled not to do so, I i)resniue tlie curbing was bauled away again. Q. A\'by didn't yon give tbe property-holders credit for it — why charge it up to the street ? — A. These returns, as I have stated to yon, have been forwarded to me. I did not make out this statement sent to me. It was made out in the auditor's oflice and sent to me. It is not my measurement. You have my statement tbere. Q. Tbat is not satisfaction to tlie property-holders, liowever ; they have to pay the money. Mr. Mattingly. I understand from Mr. Winters, Mr. Wilson, that there has been an error tbere, and I would like for bim to explain it at this time. ]\Ir. W^iLSON. Perhaps it would be better to wait until I get through with tbe witness. The hour of five o'clock having arrived, tbe committee at this point adjourned until to-morrow at 2 o'clock p. m. Tuesday, April 21, 1874. Tbe committee met pursuant to adjournment. The journal of yesterday's proceedings was read and approved. William Forsyth, recalled. By ]\Ir. Merrick : (Question. Had you tbe making out of tbe special assessments of this city? — Answer. Yes, sir. Q. Did you make them all ? — A. Tbey were all made under my direc- tion. Q. Do these tables in tbe report of tbe board of public works, of 1872 and 1873, contain the entire assessments made by j'ou up to that time ? — A. I presume tbey do. Q. Referring- to page 87 of the report of tbe board of public works of 1873, those special assessments, as I understand, were made by you, or under your charge ? — A. Yes, sir. Q. Have you made any other special assessments since tbat time — since the time mentioned in the report of 1873 ? — A. I made all tbat are made. Q. Are you the superintendent of assessments now ' — A. I am not. Mr. Bell is tbe superintendent. Q. You were the actual assesspr, then ? — A. I made the assessments. Q. You made the assessments to him assuperinteudent ? — A, I niiule Them all by authority of the board. (}. Who was the superintendent of assessment throughout all this time — you or he ? — A. Mr. Bell was the superintendent of assessments. Q. And was he during 1872-73? — A. Yes, sir. Q. In what character did you make tbe assessments which you did make — as assistant engineer, or in what character? — A. In tbe capacity of assistant engineer. Q. Will you state to me, then, whether at page Km of tbe governor's answer that represents all tbe special assessments upon pri\ate pro])- erty that bad been made up to this time ? — A. I i)resMme so. Q. You made them all and reported them to bim .' — A. lieportcd them to the boanl. i.318 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. To the board of public works ? — A. Yes, sir. Q. He only could get tbem through your report aud through your statement ? — A. Yes, sir. Q. There was no other means of getting at tlie special assessments upon private i)roperty except through your reports ? — A. No, sir ; that is coirect. Q. In what manner did you make those special assessments — bow did you arrive at the special assessment to be made ? Give me your mode of making them. — A. The auditor of the board of public works furnishes a general statement of the whole expenditures upon the streets. Q. And upon that whole expenditure you made the calculation and the valuation of the several properties along the street! — A. I made the rate in accordance with that statement and iu accordance with the' number of front feet taxable along the line of the improvement. Q. Then up to this time the aggregate of all the special assessments is $2,515,810.17 ? — A. That is according to that statement. Q. Well, that statement is up to the 21st of February, 1874. Then the sewerage assessment in addition to that constitutes all the assess- ments and charges against private property. Am I right in that "i — A. Y^es, sir. Q. Then for the correctness of the basis of assessment you are not re- sponsible, as I understand ? It is only the auditor who is responsible ! — A. The auditor furnishes the statement upon which I predicate the rate per foot. Q. Then, for example, this assessment Upon the Columbia turnpike, which is numbered 40 at pages 84 aud 85, the assessment is there made upon a total cost of the work of $52,824.68. That ascertainment was not made by you, but made by him ? — A. By him, sir. Q. If it is incorrect, therefore, the incorrectness arises out of his error, and not from yours '? — A. That is correct. Q. What was the mode in which you made your measurements or es- timates of the amount of excavations done upon the several streets and avenues which you measured ? In the first place, if I understand you, you did measure and estimate the amount of work done on divers streets aud avenues in the city. — A. I have. Not all of them. Q. You did on a good many. Now, I ask' you how many you did esti- mate? — A. That I cannot tell you. Q. Did you estimate for as many as 150? — A. No, sir. Q. Did you receive any specitic compensation in the particular cases for making the measurements and estimates of work done on the con- tracts from the board of public works or from any other party ? — A. From the board I have, but from no other person. Q. What was the compensation which was paid to you by the board of public works in each case ? Is there a fixed rate ? — A. No. They paid me $3,600 a year, as was stated here yesterday. Q. You were paid only in your character of engineer. You got no separate compensation, as I understand, for making the measurements of the work upon the respective streets? — A. None, whatever. Q. How did you make your measurements of grading upon the sev- eral streets? — A. By measurements along on the line ; on the ground. Q. Did you make actual measurements in all cases? — A. In all cases. Q. Suppose the street had a less amount of grading in depth ; for ex- ample, take a particular square. It has, I will say for illustration, 3,000 superficial yards of paving in that street. Where the grading was over three feet, how did you calculate it ? — A. It is all calculated from what was. TESTIMONY OF WILLIAM FORSYTH. 1319 Q. Upon amount done? — A. The amount done. Q. Suppose tlie amount of grading upon the street was less than three ieet 'i — A. It was comi)utod at what it was. Q. Did you get a cubic yard for every superficial yard done upon that street, without respect to the depth? — A. Xo, sir; it was all in accord- ance with whatever the de[)ths were. Q. Suppose it shaded down from three feet at one end of the square to two feet at the other end of the square ? — A. Then that would make an average of a foot and a half. Q. You make an average between the three and the two ? — A. That is what I should do. Q. I ask you how you did it ? — A. That would be what I sliould do. Q. But what did you do ? — A. 1 presume that is what I did do. Q. You made no general estimate, then, or average of it as a cubic yard for each superficial yard ? — A. Not that I am aware of in any case. Q. How was it on Sixth street south ? — A. I did not measure it. Q. You did not measure Sixth street south? — A. No, sir. Q. Who did measure that? — A. That was measured by Mr. Oertley. {). In the excavation for sewers, did you make auy measurement of the excavations there ? — A. '\Vherever 1 measured sewers, they were measured in accordance with the depth. Q. You measure the depth in each instance ! — A. In each instance, at each man-hole. Q. You nuide no average at all, but took the actual measurement throughout the line according to the profile, and made the 'proper calcu- lation according to that ? — A. The average was taken by the depths at the different man-holes. That is to say, that if you had thirty man- holes, and they averaged from ten to twelve and nine feet, you made an average of the depth. Q. From man-hole to man-hole, without respect to the surface of the street ? — A. Yes, sir. Q. So, in the measurement of the excavation on the street for road- ways, you measured it, you say, in all cases accordiug to the profile of the street ? — A. According to the grounds surrounding and along the line. Q. Suppose there was no profile measurement of the streets ; how then did you do ? — A. Took it from the cuts or fills, as the case might be, along the line. Q. Sui)pose there were no profiles or cross-sections, as I understand was the case in many instances ; how then did you do it? — A. Took it from the banks where they show along the line of the street. Q. Whenever you saw a mark along the street, then you made your measurement, and made the best approximate you could, as I under- stand? — A. I did the best that could be done. By Mr. Jewett : Q. Go along here where there was a cut and an undulating surface ; how would you find it ? — A. At different points along the line of streets indications would be marked along the line of the buildings and along the banks of the street, so that you could pretty nearly determine, if not fully so, the exact amount of excavation done. Q. That is the general idea. Now, give me the details of it ; how you did it. Sui)pose you were going now to do the work ; tell how you would do it; what you would do. llere- you come along, and here is the bank. For instance, what would you do; having a cut on one side ? — A. I would measure along the side of the street, at e. For the sewerage ? — A. Yes, sir ; the others were known to be the general prices paid. Q. AVho assisted INIr. Samo in the ascertainment of the prices for the paving and the curbing, and that sort of thing? — A. Mr. Oertly knew all the prices that the board paid for this work. Q. But you just now told me that 'Mr. Oertly assisted him only with regard to the sewerage, — A. He knew all the prices of the board for every kinir. Q. By the aid of these assistants ? — A. Yes, sir. Q. Do you measure the flagging, curbing, the paving, and the grad- iug ? — A. Everything that is on the ground at the time. Q. I understood you to say that you knew nothing about prices? — A. I do not. Q. When you go upon the ground to make these measurements, then, nothing is said about ])rices'? — A. No, sir; nothing at all. Q. Does ^Ir. Samo ask you how much this ought to cost, or how nuich it is worth ? — A. No, sir. Q. Does he say anything to Mr. Oertly on these occasions? — A. Nothing, except making the bills out, and then Mr. Oertly gives him the pr()i)er prices, and passes the work. Q. Are these prices arranged by contract to private individuals? — A. I ]uesume so. Q. Is that the way ])rices are ascertained — i)rices paid by the ])oard to contractors? — A. He knows all the i)rices that should be paid, both to the contractors and the United States. He knows all about them ; I do not. 1324 AFFAIRS IN THE DISTRICT OF COLUMBIA Q. How does he know more than you do ? — A, Because he has that special branch of the enghieer's department under his control. Q. The matter of prices ? — A. The matter of prices, contracts, and all about it. Q. You have nothing to do with it '? — A. Nothing whatever. Q. You make the assessments ! — A. 1 make those. Q. How do you make those i — A. From data furnished by the au Ji- tor of the board of public works. Q. How does the auditor get these data? — A. From the returns made to him by the engineer department of the cost of the work. Q. What engineers ? — A. The engineer of the board of public works. Q. Mr. Class ?— A. Yes, sir. Q. Not from your office ? — A. Not from mine. By Mr. Hubbell : Q. How did you determine with Mr. Samo the amount of excavation in any one place? For instance, take any'of these squares. — A. By the appearance of the ground, the surrounding ground ; take P-street circle, that has been determined by the banks that now exist there. Q. Did you measure there — the P-street circle — with ,]Mr. Samo ? — A. I did, sir. Q. To determine the amount of excavation ? — A, To determine that from the best evidence we could find on the ground there. Q. And by actual measurement there ? — A. Yes, sir; of the banks. Q. Were there any levels taken there before you commenced the work? — A. Not that I am aware of. Q. You merely estimated from the general contour of the country there ? — A. That is so. Q. When did you next work on New Hampshire avenue I — A. I can- not tell you. Q. Did you measure that work ? — A. I measured some part of it. Q. Did you giv^e a certificate of the amount of grading that had been done upon that avenue "? — A. I did not. Q. Did you make any return of the amount of work done ? — A. What- ever measurements he returned are to be fouud in the office of the board of public works. Q. There is a charge here of 148,888 cubic yards-of grading ; did you furnish these figures ? — A. I presume that they have been partly fur- nished from measurements of the ground and partly from the graduation- book in my office. Q. How did you make that out? — A. Well, the measurements indi- cated by the different cuts and fills along the lines can be measured, and there was part of that which was cut down between I and G streets, which had to be determined from the original levels in my office. Q. Are you speaking now at random, or do you know that is the way ? — A. I know that is the way. Q. Now, do not you know there is in existence a perfect survey of that areuue, with cross-sections and everything necessary to asceitain the exact quantities ? — A. I do not know. Q. Have you the means of knowing? — A. I have not. Q. If such cross-sections exist, they were not furnished you ? — A. They were* not. Q. You did claim to make your calculations from these sections ? — A. No, sir; I did not. Q. The amount charged here is the amount you returned, I under- TESTIMONY OF WILLIAM FORSYTH, 1325 stand ? — A. That was the amount rctiiiued by the measurements made by Mr. Samo, Mr. Oertly, and myself, • Q. Then if there were cross-sections from whicli the exact quantities couUl be ascertained you did not use them in malving- that return for the work done by the contractor? — A. I never knew there was a cross-section ahjn^' the whole line. Q. Did you ever use them anywhere? — A. I presume not. In a peat many instances I got the (luantity from Mr. Barne}' ; that was, the excavation to be done. If 1 would measure the sidewalks and other works I would get him to give me the amount whenever he bad made excavations. That was his particular duty to do so whenever they were determined. Q. iSow suppose it should turn out that in one of your measurements you had made a mistake, say in quantities, say of 200,000 or 300,000 yards, that you should make a mistake of a 100,000 — one-third or one- half, would you think that woidd be a reasonable result from your mode of ascertaining the quantities f — A. I would not. Q. If such should turn out to be the result, would you not suppose it was designed f — A. 1 would not. Q. IIow would you account for it ''. — A. I would suppose it to be an etror. Q. Suppose you should discover a good many of these errors ; how would you account for it ? — A. That they were errors, that is all. Q. Supi)ose these errors should never chance to be against the con- tractor- how would you account for that? — A. That there was an error. Q. Then, if it was always against the District, would you suppose still it was an error ? — A. Yes, sir. Q. It would be a singular coincidence, would it not"? — A. It would look so, but, nevertheless, it might be so. I would like to know where any such cases have arisen? Mr. Jewett. I think you will fiiul some. The Witness. I should like if you will point them out to me. By Mr. Wilson : Q. Have you measured the work that was done by the old corpora- tion prior to the board of public works coming in ? — A. Yes, sir. Q. Have you original notes of those measurements '! — A. I have not. Q. When did you make those measurements? — A. They were made at the time, before this report was made. Q. Uow long before '? — A. Some time before the report was made. I could not say how long before. Q. Was it six years, six months, or six days ? — A. I cannot say. It may have been six days or six weeks. Q. Y'oii have an impression, I presume ? — A. I have not. Q. You have no imi)ression as to the time when that measurement was made ? — A. Not exactly. Q. Will you give me some sort of idea '? — A. I said to you that it might be six weeks or six days. It may be one or the other of two months. It was prior to the puljlication of the book. Q. Which book? The book in which they are i)ut if they are pub- lished ?— A. The report of 1873. I think Mr.'Uertly has the whole factSt. Q. ]J)id you aid in making those measurements ?— A. I dfd. (,>. Cannot you tell us about what time you did it"? — A. I cannot now. Q. Cannot you give any where near it '? — A. I am testifying uudfer oath now in what I am saying, and I tell you I cannot say. Q. Have you any impression ? — A. iN'ot the least. 132G AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Was it more thau three months ? — A. I cannot say. Q. Was it less than thr€« mouths ? — A. It may be so, or more. Q. I will ask yon another question, to see if we cannot get at something of a definite idea as to the time. Do you think it was six months prior to the publication of the report of 1873 ? — A. I cannot say. It may be that, or less. Q. You cannot give any more accurate statement than what you have? — A. No, sir. Q. You do know, however, that j^ou assisted in making those meas- urements ? — A. I certainly did. Q. Will you please tell the committee how you made those measure- ments of work done by the board ? — A. You can get those facts from Mr. Oertly, I think. He has all the papers. Q. Exactly, but you say that you assisted him in doing it ? — A. Very well, he has got all the facts. He can give you all the facts. Q. I want to get all the facts as far as you were connected with it. Those you know better than he does. The Witness. What do you want to find out ? Mr. Wilson. That is not my purpose to tell you what I want to find out. My purpose is to get you to answer my questions. I want to know in what way you measured the work that was done by the cor- poration prior to the existence of the board of public works. — A. I could not tell you except I had the papers before me that they were made from, Q. Hid you go out upon the ground ? — A. I did not. Q. Did anybody go out upon the ground and make a measurement "? — A. No. sir. Q. Then, what did you do ? — A. It was done from my general knowl- edge of the city and the graduation-book in the office. Q. And that is all you'did t— *A. Yes, sir. Q, And in that way you got at the measurements of the old work ! — A. As near as we could. Q. That is all you did "? — A. Y^'es, sir. Q. If you will step over this way, I would like to show you a table, [handing book to witness.] Thatis Pennsylvania avenue from Fifteenth street to Kock Greek, is it not I — A. It is printed there so. Q. Did you make that out 1 — A. Yes, sir. Q. Now, will you please to tell me how much grading there is in that I The Chairman. What table is that f Mr. Wilson. It does not seem to be numbered. It is in the report of 1872. The Witness. I do not see any grading in there. Q. Was there any grading done by the board of public works? — A. Some. Q. Why does it not appear in this?— A. I cannot tell you that. Q. Who did the grading there ? — A. I do not know who did it. Q. How much grading was done there ?— A. That I could not tell you. Q. You have been measuring by a sort of estimate. Can you give us an estimate of how much grading was done there"? — A. I could not. Q. Now, on Pennsylvania avenue, from Fifteenth street to Eock Creek ? — A. I could not tell you, indeed. Q. What is it, to the best of your judgment?— A. I cannot form any judgment at all about it. Q. At the time that table was made up the board of public works liad done no grading there. Is not that the fi\ct?— A. They have done sradinff. TESTIMONY OF WILLIAM FOR.SYTIL 1327 Q. At tlie time that estimate was made up, liad the board of public -^Norks doue auy gradiuj;- there ? — A. Certaiuly, thej did gradino-, Q. Why did you not i)ut it iu that table? — A. I could not tell you that. I did not make that table. Q. Who did make it? — A. That table was compiled iu the auditor's otiice. Q. Was it not compiled under your supervision ? — A. Xo, sir; it was compiled under the supervision of the auditor of the board. None of these tables are compiled by me. Q. Then I will ask you to have it broufiht here. Mr. Wilson. I wish the clerk would brin Coveru- ment, and the enq)loyes of the Governuient under (Jeneral Babcock? — A. All the grading that was done there was done by the board. There is no mistake about that; none whatever. All the work around there, 1328 AFFAIRS IN THE DISTRICT OF COLUMBIA. whatever was done inside tlie circle, may have been done by the Govern- ment, but what was done outside was done by ihe board of public works, I am pretty confident. Q. That you are sure of ? — A. Well The CiiAiRMAiS" : Q. What does he mean by inside? — A. Inside the curb-line. By Mr. Wilson : Q. What do you rrean by the cuib-lice? The curb line aiound the circle? — A. All inside the circle. Q. What do you mean by inside the circle? — A. Inside the sidewalk. Q. All that was done in there was done by the board of public works? — A. 1^0, sir; I say all that was done in there was done probably ly tlie United States. [The witness prepares a diagram and illustrates his meaning by such.] Q. So that all this grading that was done in here [indicating] was done by the board of public works? — .A. No, sir. Q. That was done by General Babcock? — A. I think so. Q. Do you remember a controversy with regard to a large amount of filling on Massachusetts avenue ? — A. I do. Q. Were you there for the purpose of making a measurement of that filling? — A. I was. Q. Who else was there ? — A. None but my assistants. Q. Who were they ? — A. My sons. Q. Who else ?— A. That is all. Q. Do you recollect of there being parties called in for the purpose of determining the quantity? Who were they? — A. I cannot tell who they were 5 some persons connected with the board. Cluss, I think, was one. Mr. Barney, I think, another. That is all I know of. Q. Who were the arbitrators to whom this was submitted? — A. I dis- remember the names now. Q. Did you have any means of determining accurately the quantity of earth that had been filled in? — A. I had not. Q. Why did not you have ? — A. I had not had it ; that is all. Q. What is the reason you did not have these things ? — A. Because it was not my business to measure that excavation and any work of that kind ; it was the duty of IMr. Barney to measure. Q, Do you know why Mr. Barney did not have profiles of the streets and cross-sections of that street? — A. I do not know. Q. Is it not the fact that contractors were put upon the streets, and the streets torn up, before the engineer department had any opportu- nity to take profiles of the street and cross-sections ? — A. It may have been so. Q. I want you to say whether it was so, or not. — A. Well, if it hap- pened 80, that is all I know about it. I cannot state, positively. If it was so it was his business to know it. Q. Do you know whether that is so or not ? — A. I do not. Q. AVhen you were out there for the purpose of measuring that em- bankment, did Mr. Cluss, or anybody else, propose to test the quantity that was there by sinking pits or shafts down until you should strike the solid ground ? — A. Not before me. Q. Did or did not ]Mr. Cluss propose to test that matter in that way ; and diclKie not call your attention especially to that mode of determin- ing the quantity? — A. He could not determine it in that way. Q. Did he not propose to test the amounts of filling that had been done there by sinking the pits? — A. He did not do so. TESTIMONY OF WILLIAM FORSYTH. 1329 Q. Did lie not sink some of his pits there ? — A. I cannot say ; I be- lieve he did. Q. Did not yon and Afr. Class have some i)retty hi^h words over that matter/ — A. 1 had some words with him in relation to that. Q. Now just state what occurred between you and Mr. Class on that subject ? — A. There is no necessity for statins;" that. Q. I want to know ? — A. I prefer just to let that rest. Q. I i)refer not to let it rest. I prefer to have the facts. — A. Well, Mr. Class, 1 thought, as i:i the first instance the case was referred to me, and 1 refused to act because 1 had no data npon which to predicate a correct estimate. It was referred to me again, and from my general knowledge of the comlition of the jjlace, by the gravel being taken out of it for i)robably two or tliree years, during the war, there were im- mense ]>its fonntl there. I had to do the best I could from my own judgment, and the result of what I could do — the best I could do — you have before you now. Mr. Cluss thought it was too much, and he had it remeasnred twice. J was not satisfied with his results, because I thought in the lirst ])lace it was disresi»ectful to me ; and, to settle the matter, the board referred it to a board of arbitrators, and they set- tled it. Q. Yon insisted that Mr. Cluss was not giving enough measurements therje, did you ! — A. I did not know whether he was giving too much or too little; and I do not know yet whether the award that he got was too much or too little. It was the best I could do iu the premises. Q. Were you not dissatisfied with JNFr. Class's measurements ? — A. I was dissatisfied with tlie manner in which he did it. Q. Were you not dissatistied with his measurements, the amount that he returned I — A. I was not dissatisfied ; it did not make a particle of difference to me. Q. Did you not insist upon it that he had not returned enough ? — A. I did not insist anything of the kind. Q. Then what was the occasion for any controversy between you and Mr. Cluss '? — A. It was his going out there in the first place to make measurements without notifying me of the fact. Then he was ordered by the board to go out there a second time, and when he and I were no- tified to go together, and then I took occasion to express my opinion of liiiu then and there ; and I can tell you that it was very uear coming to an opinion that he might not wish. Q. You did it with some vigor!? — A. I did ; and 1 would do it with a little more if the case required it to. Q. State whether you do or do not know that Mr. Cluss sunk a shaft there, or whatever you may call it. — A. Well, damn the shaft. I do not care what shafts he sunk. Whatever he has made it does not make a particle of difference to me whether he gave him one yard or fifty yards or fifty hundred thousand; not a particle. Now, so far as that affair is concerned, we have gone over that ground half a dozen times, and you have got my views upon it, and that is all I have to s;iy in the premises. Q. I know it does not make a bit of difference to you, and therefore there was no occasion for you to get excited about it then, or to get excited about it now. — A. There is no necessity of going over the ground so often. Q. Well, but I want to get at the facts. — A. Well, now, yoa have the facts, judge. Q. But did not ^h\ Cluss find hard grouiiortiou of that work, has it not ? — A. Yes, sir. Q. You went down there and looked it over with JMr. Samo? — A. Yes, sir. Q. Pointed it out to him? — A. Yes, sir; I pointed it out to him. Q. You knew that dirt was put in there ? — A. I knew that the canal was filled ; that is all 1 knew. Q. You never saw anybody hauling dirt there ? — A. O, I saw thou- sands of peojile, but 1 did not know who they were. Q. You do not know whether it came from this or from the other side of the Potomac? — A. They were hauling in all directions. Q. You do not know which side of the Potomac it came from ? — A. Ko, sir; I have seen them hauling from the south, north, and every direction, but I could not tell you where they came from. Q. You simply went there to measure with Mr. Samo and show how much had been put there ? — A. Yes, sir. By ]\[r. Wilson : Q. In that connection, I would like to have you state to the com- mittee how. you measured the quantity of earth in that canal. — A. Well, Mr. Oertly has made all the computations in regard to that. You can get all these facts from him; it is so, judge. ITe has the basis upon which everything was estimated, and he can give you facts, and there is not any use of your trying to get from me what I cannot give you. Q. But you were there ? — A. Yes, sir ; but he can give you the whole of the facts in relation to that. Q. You w(;re there ; now have you no sort of idea as to the man- ner in which you went to work to ascertain the quantity of earth put there ? — A. They have the difference between the old grade of the canal and the present grade of the street, and they knew what was to be put in there, and all about it; and he has all those figures himself, he and Mr. Samo together. 1332 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You Lave not had any? — A. No, sir; not one. Q. You went out to reservation 17 with Mr. Samo and Mr. Oertly 1 — A. O, yes. it:^ Q. IIow did you get at the grading that had been done on reserva- tion 17 ? — A. It was so little there, as I find it reported by Mr. Samo, that he must have cheated us there. He has only 400 yards where there ought to be 8,000 or 10,000, or probably more. Q. Then you think the board of public works has done 8,000 or 10,000 yards of grading there ?— A. Yes, sir; that is my opinion, but they have not got it. Q. How much of that flagging was done by the board of public works ? — A. I cannot tell you exactly, sir. That is a statement exactly what was done, and at the dates which you will find recorded there. [Handing document to Mr. Wilson. J Q. Who made this i)aper? — A. That was made out from my office. Q. By whom ? — A. The original was made out by myself. I had it copied by my clerk. Q. When ? — A. Last Saturday, I think, it was. Q. Where did you get the data from which you made it ? — A. I got that data from the vouchers where these quantities were to be found. Q. Have you the vouchers with you ? — A. I have not. Q. Where are they "? — A. They are up in the Bank of the Metropolis. Q. What are they doing there? — A. They are there, I presume, with the sinking-fund commissioners. Q. What have the sinking-fund commissioners to do w th them ? — A. I do not know. There is where I found these papers. I made no in- quiry about that. Q. 1 v;ant to know what the sinking-fund commissioners had to do with the work done by the board of public Avorks. — A. Well, I cannot tell you that, sir. Q. You say that this was done by the board of public works'? — A. I say it was done at that time — and whether it was done for the board — I measured it. Q. Hold on a minute, Mr. Forsyth; my question was as to flagging done by the board of public works. Now, 1 want to know what the sinking-fund commissioners are doing with the vouchers for work done by the board of public works. — A. That I cannot tell you. Q. Do you not know now* from tlie fact that the sinking-fund com- missioners have these vouchers, that this was not done by the board of public works ? — A. I tell you that that work was done at the dates then, and 1 made out the accounts so. I knew nothing about where they were paid, or how they were paid, and I never bothered about it. Q. These Aouchers have fallen into the hands of the sinking-fund commissioners. AVho gave you access to these vouchers ?-^A. 1 went to the auditor of the board to inquire of him if such vouchers were in his possession, and he said "no." He told me they must be up there, if they were to be found at all. I went up there and found them. I wanted to be satisfied about the dates, because I knew the board of public works were in power at the time, and consequently that I made the measurements. It was to i^lace myself right. Q. Were these measurements made by you at the time the work was done ? — A. Y'es, sir. Q. And the original vouchers are on file there with the sinking-fund commissioners °? — A. Yes, sir. Q. How much has been done by the board of public works since that time ? — A. O, that is rll the work that has been charged. TESTIMONY OF WILLIAM FORSYTH. 1333 Q. Tliiit is all that there is of it !— A. Yes, sir ; I made that at the request of Mr. Bass. He requested that iuformatiou and 1 prepared that for hini. Q. When were tlie gutters put iu ? — A. They were put iu at the dates uauied there. Q. Did you make auy examiuatiou of the vouchers to ascertaiu how much o-utter had been'put iu there? — A. The square yards of cobble- stone show you. Q. The amount for which you find vouchers with the siukiug-fuud commissiouers seems to be 12,581: square feet ? — A. Yes, sir. Q. And then you say that the charge here ou page 441 of the gover- nor's answer is for 17,229 square feet. Wheu was the ditterence betweeu 12,-")84 and 17,22!) done ? — A. I guess that must have been doue between 1S08 and 1871. (}. Did you find vouchers for that ? — A. Xo, sir. Q. AVhere are the vouchers for that ? — A. They must be iu the regis- ters oltice of the city. Q. Have you seen any measurement of that flagging. It takes 4,G15 square feet to make up the difference. How did you get that measure- nient ? — A. In the government report. We measured all the points that are designated there, and then 1 have deducted from the Govern- ment what was charged in those voucher that are in the siukiug-fuad. commissioners' possession. Q. That is the way you got at it ? — A. That is it, sir. Q. In other words, you took this amount as ^y'ou found vouchers for this amount, and then accounted for the difference by saying that the old corporation had done it in 18G8 and 1871 ! — A. Yes, sir ; because all the original work for the Government was from actual measurement. Q. lUit that is the way you got at it in making up this paper '? — A. Yes, sir. Q. Tlowdo you know the old board had done that work between 1SG8 and 1871 '! — A. The old corporation do you mean I Q. Yes, sir. — A. I knew that no other persons did it. Q. You know it was done? — A. I knew it was done, and it was doue by them. Q. What kind of flagging is that? — A. Sixteen-inch flagging. Q. How much! — A. Sixteen inches in width, and three feet long. Q. Is it uniform in size ? — A. O, no, sir; it is irregular. Q. Irregular flagging! — A. It is irregular; iu pieces of lengths of three, four, or five feet, probably. Q. Is it sawed flagging ? — A. It is what they call 10-inch flagging. (}. It is rough flagging, is it not — quarried ? — A. Well, it is rather rough. i^. It is just as it came from the quarry, rough ? — A. Yes, sir. Q. How did you get this price, sixty cents, to the Government — how did you get at that? — A. That I cannot tell yon. That is the price, I think, that the boaid paid for that — that the board pay for stone of a similar (diaracler. Q. Tiiat is the price that the board is now paying for that kind ? — A. I think so. Q. But this had been done some time ago ? — A. Well, t think it was dearer then. Q. Do you know what this fliigging costs a square foot ' — A. I can bring you the information what it cost the corporation. Q. Do you know what it costs to deliver it from the (piairy .'- -A. I do not know anything al)OUt it. 1334 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. In all your engineering here, you never ascertained what this flag- ging cost delivered in Washington ? — A. Never, sir. Q. Do you know anything about what it costs to joint it and lay it ? — A. I do not. By Mr. Bass : Q. What were the duties for which you were paid ? — A. I had to establish the lines of the streets ; and I had to make out the assess- ments, and do any other work that might be required or that I had time to do. By Mr. Wilson : Q. Do you know anything about the character of the certificates that •were issued upon these assessments that you make against the streets; certificates issued against the property 1 — A. I know nothing about them. Q. Do you know whether the certificates that are issued against the property-holders correspond with tlie cost of the street ? — A. I know nothing whatever about it. By the Chairman : Q. I wish to ask yon, sir, about a matter that I find here on my table. It relates to a triangular space between M and N street north and Con- necticut avenue and Eighteenth street west. Do you know of an^^ such space ? — A. Yes, sir. Q. I find on page 406 of the governor's answer that the Government is charged with ^3,981 for concrete pavement ; do you know the size of that space ? — A. I know nothing about the size 5 no, sir. Q. Did you go with Mr. Samo to measure this ground ? — A. I have, sir. Q. How did you measure" that particular space ? — A. I cannot tell you how it has been measured now, it is so long ago. Q. You are very certain that you went there with your assistants and made measurements ? — A. O, I have been everywhere where Mr. Samo has been. Q. Have you any recollection of this particular space ? — A. N'o, sir. Q. You do not know that you were ever there ? — A. JSlo, sir ; Colonel Samo can give you the facts in relation to it. Q. I am just asking now if you were present there. — A. I was pres- ent; yes, sir. Q. And the measurement that you made there was a correct meas- urement ? — A. 1 think so. Q. You know nothing about the size of that reservation ? — A. No, sir. Q. You do not know how much pavement was measured at that time ? — A. I cannot tell you now. Q. Where are the papers or memoranda that you made at the time ? — A. Colonel Samo has them. Q. He has the memoranda of measurements made about public reser- vations ? — A. He has. Q. Have you no memoranda in your office relating to that ? — A. Xone whatever. Q. Nor Mr. Oertly ?— A. Not that I am aware of. Q. Nor Mr. Cluss, the engineer of the board of public works? — A. Not that I am aware of. By Mr. Wilson : Q. Did you assist in making up the statement of the amount of work TESTIMONY OF WILLIAM FORSYTH, 1335 doue by the board of public Avorks with a view of getting an appro- l)iiatioii of a luilliou and two huudred and forty-odd thousand dollars from Congress .' — A. Yes, sir. Q. You assisted in making tliat up ? — A. I did. Q. That Avas made up for the purpose of showing to Congress the amount that was due by the United States for work done by tlie board, Avas it ? — A. 1 presume so. Q. Is that the fact, that that was the purpose for which it was made ? — A. Yes, sir ; certainly. Q. I want you to take tins report of 1872 and look at the points that I will call your attention to, commencing at the Pstreet circle. You have heard of that place ? — A. O, yes; that is familiar to me. Q. You lind a charge made there of 1,912 square yards of brick pave- ment? — A. Yes, sir. Q. Was it there when you made that? — A. I presume so; if it was not there it would not be entered here. Q. Do you say it was there? — A. 1 do believe it was there; if it was not there it would not be entered here. Q. You say that ? — A. 1 do, indeed ; and there is a great deal of it there yet. Q. Well, your reason for saying that that pavement was there is because you lind it in that account? — A. No, sir; 1 know there is pave- ment there now. Q. Where is that pavement ? — A. Upon Twentieth street, upon P street, it was, I presume, i)artly around that circle. Q. You say there was part of it around that circle ? — A. I do. I be- lieve it was. I know that this amount must have been there because it was so measured at the time ; a good many changes have taken place where brick pavement has been taken up and asphalt substituted. Q. Now, you will tind 1,289 feet of sewers charged there, do you not 1 — A. 1 do, and I guess you will find all that there too. Q. Was that there then when you madeoutthat account? — A. I have not got anything to do with making out this, [examining book.] This is not Q. That is the account that you made out against the United States for the i)urpose of getting the ai)propriation ? — A Yes, sir ; I see it is. 1 thought it was an estimate. Q. \Vell, now, I ask you the question ; was that sewer there when you nuide out that account ? — A. That sewer was around the circle, and in connection with it. Q. Yon say it was there? — A. Yes, sir; if it was not on the ground it would not be down here. Q. Exactly ; I understand you. Now, turn to page 48, Scott statue. See if you find a lot of brick pavement there. Was that brick pave- ment there when you ntade out that account? — A. Well, I think the bri(;k ])avoment was, an52(),()0(), or any other sum ''. — A. Yes, sir. Q. Then you i)aid the bank when the baidc presented the certiticate of A. B. for work done by him — you paid the baidc the money without knowing whether it went to redeem that certificate or not? — A. No, sir ; I know the money went to redeem the certificate, because I took up the certificate. Q. You did not i)ay to the party, but to the bank, as the holder of that certificate ? — A. No, sir; 1 paid it to the bank as the liolder of the certiticate. Q. You (lid not pay it directly to the contractor? — A. No, sir. 1344 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Therefore that statement does not show wliat money yon paid to the contractors, and what money ? — A. No, sir; it is imi)ossible for me to show that. By the Chairman : Q. Nor does it shoAv the amonnt of money paid to any particular bank on account of contractors? — A. No, sir. Q. For example, if the First National Bank had four or five certifi- cates of A, B, C, D, &G., you would draw a check payable to A, B, or bearer? — A. Yes, sir — no, I w^ould draw a check ])ayal)le Q. To the First National Bank"?— A. No, sir; to "John O. Evans." For instance, this shows "January 13, a check of John O. Evans, $25,738.44 ;" " C. E. Evans, $15,000 ;" " Lockwood & Brother, $5,000," &c. Q. Did those parties named by you receive that money, or did some- body else receive it? Do you know? — A. No, sir; that I do not know. Q. Nor does that statement pretend to designate ? — A. No, sir ; it only pretends to designate what certificates — wbo were the owners of the certificates that this money was paid on. By Mr. Merrick : Q. It does not represent the payee of the draft ? — A. No, sir. Q. This statement, then, does not discriminate between contractors to whom yon paid money and the contractors to whom you paid scrip? — A. No, sir; it shows that I paid this in money. The Chairman. This shows how much money you have paid out, but not to whom. [No reply.] By Mr. Bass : Q. Does each one of these sums iiulicate a separate check ? — A. Yes, sir. Q. If any individual presented to you the certificate of the original made to a certiiin party, you gave a check for the amount of that cer- tificate, as in this case? [Indicating.] — A, Yes, sir. Q. To whoever presented it ? — A. Yes, sir. Q. And you sent a check, payable, using the name of the individual to whom the certificate originally run. Now, then, did you draw a check for each certificate, supposing the same man presented you half a dozen certificates? — A. No, sir. Sometimes half a dozen certificates were embraced in one check. Some of these men held five or six certificates. Q. Is there any case where a speculator presented you several certifi- cates at the same time ? — A. No, sir. By Mr. Jewett : Q. Are those certificates that you issued to a contractor payable to him or bearer, or to him or order? — A. They are written in this way, the auditor writes the certificates: "I have this day audited and al- lowed the account of" such a man, for so much money. The indorse- ment of his name on that we have always considered as authority to pay it. Q. Suppose to-day twenty of these certificates had been issued, one to A, one to B, and one to 0, and so on, and to-morrow E should present twenty of these certificates, you would give him a check for the full amount ? — A. Yes, sir. Q. Without knowing whether or not the owner of those certificates had received the money, or what proportion he had received ? — A. Yes, TESTIMONY OF JAMES A. .^lAGRUDER. lo45 sir; I would fjive him a check, because that is my voucher for the pay- ment of the money. Q. Tlie takius" of tlie certificates is all you had to do f — A. Yes, sir. Q. Your axicount does not show whether you paid the money to the parties to whoiu the certificates were originally issued or whether it was paid to a purchaser? — A. No, sir. In a great many instances it does. If the party himself brought the certificate, he got the check. Q. Your system of kee[)iug accounts, however, does not make it necessary that your books should show that the contractor himself got the money ? — A. Xot at all. Q. That is not necessary according to your accounts ? — A. No, sir. Q. The system of j'our accounts, then, permitted a speculator in the certificates of these contractors to buy them at whatever rate he could, and you paid him the full amount of the money! — A. That would do it. That was the necessary consequence of the way we did our business. Q. Then neither of these accounts will develop the amount of money paid to the original contractor ! — A. No, sir. By Mr. Merrick : Q. Did you have any rule of apportionment in paying contractors so as to give them a certain proportion of money and a certain proportion of certificates ? — A. No, sir. Q. Did you give to some contractors more money and less certificates and to other contractors more certificates and less money 1 — A. We paid out the money just as fast as we got it; then we paid whatever we had. Q. And then you paid in certificates after it was exhausted f — A. Simply this. Up to July last we paid out no certificates — no sewer-cer- tificates, and no certificates of assessments at all. We paid money. Q. You paid altogether money up to July last for all your contract- work ? — A. I think so; no, I think we had some sinking-fund bonds that we paid out; but, with the exception of those, we paid out money up to that time for all the settlements that we made. By the Chairman : Q. To everybody ? — A. To everybody as they came. I pai). Did you look over the auditor's l)ooks at that time to see the state of other men's accounts, so as to know what proportion and how long they had stood, to form any idea of how much you ought to pay to that man ? — A. No, sir. Q. You made no comparison of that kind ? — A. No, sir; if I had gone over all those things,! never wouhl have done anything. It would have taken all the tin)e I had to d() it. Q. Now, for instance, here is a ch<'(;k on the l.']th of .lannaiy. You paid a good many on that d:iy. " ."Moses Ivelly, to t;ike up check on V. 1350 AFFAIRS IN THE DISTRICT OF COLUMBIA. N. B., $54,144.04." What was tbat for!— A. They were checks I had given to the First 2^atioiial Bauk, and they had hekl them. They were not paid. AVe had no money in the First National Bank. Q. You say you have given a check to take up check. Who drew the check on " F. N. B. I" — A. I did ; a good many different checks. Q. These were checks that you had drawn on the bank ? — A. Yes, sir; and tliey never were presented to the bank. If they were pre- sented they were not paid. Mr. Kelly took them up, aud when I got the money I w^ent and took them up from him. Q. W^ere there any complaints at any time about your discriminating in favor of one aud against another in the payment of thera ? — A. Not to me. Q. You think, yourself, it would have beeu a good deal better if you had had some order! — A. Well, I think it would, now. Q. Do you think it possible that the information tbat you had before you — no record of the time when the claims were audited, no record of the time they were presented to yourofhce — do you think it possible for .you to get such a general knowledge of all the transactions of the Bis- trict as to pay them equitably ; to make an equitable distribution of it! —A. I had a general idea of the account there ; the work that had beeu done b}^ the different parties, and I had the assistance of the governor, who knew more about the general work than anybody in the District. Q. And when you were at a loss about it you went and made in- quiry ! — A. He and I consulted about those things v/hen we had sums of money, as to how it should be paid. Q. Were you able, when you cousulted him, to show him how the in- debtedness stood, in order to take his opinion ! — A. Xo; he knew better than I did how it stood. Q. It was not his business to keep those books, though ! — A. No, sir. Q. Was it possible for anybody to remember all the creditors, and how they stood! — A. No, sir; nobody could remember them. Q. If you had kept the books in some order that would have fixed it by rule, it would not have been necessary to consult auybody, would it ! — A. Well, I do not know but what it would. Q. If you had had a rule you would have stood by it! — A. There were certain things — for iustance, ^-ork done around the Government prop- erty — had to be ])aid for out of these Governuieut appropriations. Q. Could you not have had a rule for that! — A, AVe did pay them, helping others as much as we could. Q. Then you did have a rule that you paid for work done around Gov- ernment reservations out of the appropriations made ! — A. Whenever a certilicate was presented to me for work done around Government reservations, and I had any money, I would pay it. Q. You mean out of the Government appropriations ? — A. Out of the Government appropriations. Q. You mean the United States Government ! — A. Yes, sir. Q. Did \ou set apart that fund exclusively for that business ? — A. No, I arts of it to which we desire to call attention are not extensive. AVe desire to introduce iu evidence certain portions of a report made by William H. Chase, esq., to M. G. Emery, mayor of the city of Wash- ington, December 125, 1870, and submitted b}' M. G. Emery, as mayor, " to the board of aldermen and board of common council," January 9, 1871, to wit, the fc^llowing portions: so much of this report as relates to wooden i)avements in Columbus, Toledo, Cincinnati, and Cleveland, Ohio; Chicago, 111.; Boston, Mass.; the cities of oS^ew York and Brook- lyn ; and also Philadelphia; and particularly we invite attention to the following statements in said report, to wit: From the foregoiug- statements you will learn that in the cities of Cincinnati and Toledo wood pavements have been far from a success, while in Columbus and Cleveland they exhibited unmistakable si^ns of early decay. In Saint Louis and Chicago they liave l)een eminently successful ; while in tlie other cities named, where they have been but recently put down, they meet with great favor, and have every indication of reasonable durability. (Page 528.) From these facts follows the conclusion that any process whicli tends to confine the sap in the wood (for we must use green wood) and exclude the air and external moisture from below, must be injurious ; and consequently immersing the blocks iu tar works their ruin. (Iliid.) In several cities they are using bnrnettized and kyanized wood to a limited extent ; while a few indorse, tlie majority liave but little faitli in these treatments. I slionld say that plain blocks of matured but vigorous timber, either wliite pine, white oalc, locust or cedar, free from sap, well put down upon a properly prepared gravel and sand foundation, the upper surface well covered witli a coat of tar, and an inch of very coarse saml, the who'e thoroughly graveled and rammed between the hlocks, is the best iiavement iu use. (Page 521).) We find that this communication was referred to a committee — that the govei-nor did them the honor to serve it upon them. I\Ir. Stewaiit. Have you copied all that which you wisli to have printed .' Mr. Christy. Yes, sir; unless gentlemen think that other i)arts ought to go in. So far as we are concerned, that is all we desire to olfer con- necting the fact so as to i)ut upon inquiry these gentlenuMi and charge them with disregard of the ex))erience of the other cities. Mr. Harrington. Wlio is Chase ? Mr. Christy. He is a gentlemaji in this city, still in (lie ciiiploy t>f the board of ])ublic works. I do not value the opinion much as an 1352 AFFAIRS IX THE DISTRICT OF COLUxMBIA. opinion. We offer it, liowever, so as simply to advise them of these facts ; so as to put them upon inquiry. There is another matter showing the cost of trees to the old corpora- tion. On page 38(5, Journal of C8th Council, are certain specifications relating to the parking of K street. It is a contract made with Albert Gleason. On page 388 it is stii)nlated that for above work the said Gleason is to be paid the sum of $1.40 per tree, to include all the work necessary for planting, supporting, and renewing it in case it fails to grow. Mr. Wilson. What is the date ? i\Ir. Christy. That contract is dated September 12, 1870. The com- mittee will observe that the price charged for trees in some instances by the board of public works, as we learn from their tabular statement, and I now call attention to a statement on page 175 of the Eeport for X873 — that trees and tree-boxes are charged for at the rate of $(5. The Chairman pro tempore. The whole of the report referred to by Mr. Christy in his offer will be considered in evidence. H. C. Evans recalled. By Mr. Christy: Q. State the extent to which John O. Evans has been connected with any business with reference to the board of public works. — A. I do not know, sir. Q. What portion of that business have you had charge of as his book-keeper ?— A. Some part of the wood pavement and all of the con- crete — the asplialt concrete pavement. Q. Has he had any clerk besides yourself in his business relating to the board of public w-orks?— A. Not in that office. He has another office on the avenue, and I believe he testified that he had some contract in connection with Mr. Linville. Those books I know nothiug at all about. Q. Then vou have kept all the books except the matter of business he had with Mr. Linville?— A. Well, as I stated before, the books that I kept were in reference to the asphalt pavement ; also, of some portion of the wood pavement done by Mr. Evans. Q. Do you know Mr. Krebs ? — A. I do. Q. Do you know the nature of his employment ?— A. Well, he has been in Mr. Evans's employ a number of years. Q. Did he keep any books relating to business other than the private business of Mr. Evans?— A. 1 do not think he did. Not to my knowl- edge. Q. What is the name of the clerk that had charge of the business of Mr. Evans and Mr. Linville ?— A. Well, I do not know, sir. Mr. Thomas P. Morgan was em])loved in the office and employed on the street, both. Q. Then yourself and Mr. Krebs and Thomas P. Morgan have kept all the books of which you have any knowledge for John O. Evans'?— A. Yes, sir. Q. Produce the books that you have kept. [Witness produces the books.] A. Those are the books that relate to the wood pavement, I believe, entirely. Q. Now the others, if you please. [Witness produced other books. [ Q. Were you present during the examination of John O. Evans? — A. I was not sir. TESTIMONY OF ][. C. KVAXS. 13i)S Q. Did you see tiie books that he produced here .' — A. The.sc books are there that he i)rodaced here. Q. Those are the two '. — A. The two oash-books, one ni eaeli pile, [iii- dicatiui^".] Q. The first entry in the journal is July 3, '72 ? — A. That is of the wood pavement. Q. And that book was kept continuously by you ? — A. Yes, sir. Q. And this is in your handwriting":? — A. Yes, sir; there is not a pen-mark there but what 1 put on. Q. And these entries were made at the time they ]>urported to have been nuide according to their respective dates ? — A. They were. Thej' were entered on this blotter, and put on to that book the same day, or jierhaps some of thein the next day, or i)erhaps two days, if Sunday in- tervened. The books are substantially correct so far as that goes. I believe I was reported as having said, theotherday, wlien I was on the stand, that all tlie entries on these cash-books were made the same day that they purport to have been made, but I wish to qualify that a little. Tiie first few days on the first page (perhai)S a little nu)re) we were unable to get the books at the time, and we nuule nK'inoianda and they were entered on the blotter, and then on that book. Aside from that they have all been entered as I have stated. Q. ^Vlio were interested in the business recorded in those books? [Indicating.] — A. John O. Evans, Ilallet Kilbouru, and Lewis Clephane. Q, Do you know of any agreement in writing entered into between these i>arties expressing their several interests f — A. I do not. Q. Are there any memoranda relative to this matter in existence? — A. If there are they are in Mr. Evans's possession. Q. Have you any knowledge of them ? — A. I have not at all. (^. Have you ever seen any of the papers ? — A. I never have. Q. AVhy do you say if there are any they are in Mr. Evans's i)osses- sion? — A. Because they are not in mine — not in the ofitice, so far as I know. Q. Have you any reason to believe they are in his possession ? — A. !No, sir, I believe not, any further than he said himself. I believe he .said himself that he had a memorandum of these transactions. (^. Have you any statement of the condition of the business as to these >everal i)arties ; profit or loss? — A. ^o, sir, I have not. I believe the business has not yet been settled. There are some entries to go on to that book. I believe the lumber account has never been put on there. The thing has not been gone through with. They are not posted as to that. Q. You likewise kept these books ? [Indicating.] — A. I did. Q. And these entries were mad(? at tlu^ tiaieof uie dates that are here expressed? — A. Yes, sir; they were made on the blotter at tln^ time, and jnost of them ])robably the same day. (}. These are all the books relating to the business of J. O. Evans of which you have any knowledge? — A. Those contain everything tliat related.to it. To be sure there are a few ledger-accounts; but every- thing on the journal is on the ledger, ami everything that is on the ledger is on the journal. Q. And there are no other papers relating to this business of which you have any knowledge? — A. No, sir. Q. Did you keep any account of the business of John (). Evans and Teemeyer? — A. Xo, sir; I liad nothing to do with them. (). Who did ? — A. That was doiu* at the other ofli(;e. Tiial business 1354 AFFAIRS IN THE DISTRICT OF COLUMBIA. Wiis done before I came into Mr. Evans's employ, in 1871, or most of it. I think tiiey Imd very little to do with liim after I came. Q. If they had any bnsiness with him it would be recorded in other books than those. There is no record of that business in the books kept by yourself ? — A. No, sir ; none at all. Q. You have stated yoiu^ entire knowledge in regard to those books ? — A. Yes, sir. Q. And the names of all i^ersons who have been in his employ as book-keepers ? — A. Yes, sir ; so far as these wood and concrete pave- ments go. I do not know anything about his private matters, and had nothing to do with them. Q. Those books you have never kept ? — A. No, sir. By Mr. Jewett: Q. Who kept the cash account of Mr. Evans? — A. It is in these books. I kept it. Q. Did you receive and deposit the money ? — A. Not all of it, sir. Q. Any of it"? — A. I think 1 did. I have deposited Q. Did you draw checks! — A. I filled up checks. Mr. Evans signed them, of course. I believe all the payments that were made in cash went through my hands, and I paid tbem myself, and also paid out the checks. They were left with me. He did not pay them out at all. I paid out the checks or money, whatever it might have been. Q. Did you keep the books froai your knowledge of the transactions or from memoranda handed to you by Mr. Evans 1 — A. The payments were all made from my knowledge. The different credits there, from the board of public works and others, of course I received from him. Q. Were there any payments made for material ? — A. Yes, sir. Q. The account for material was brought to you by Mr. Evans? — A. Either by him or sent me direct from the board of public works. Q. You are simply a book-keeper ?— A. Y'es, sir. Q.' And have nothing to do with their outside transactions ? — A. No, sir ; I have not. Q. Did the [)arties meet in your office for the purpose of discussing various business questions ? — A. No, sir; I do not liuow that I ever saw Mr. Mr. Haruington. Mr. Chairman, we have no objectioa (and Mr. Evans spoke to me in the absence of Judgd Black) to submitting his ])rivate books to the inspectiou of counsel. He does object, however, that these books should b3 passed around and iuspscted by people who have no connection with this matter, and these gentlem3u ought not to take these books and examine them other thau where they are conuscted with that case. Mr. Christy. I understand these are books relating solely to his con- nection with the board of public works, and the exaiuiuation has not extended beyond counsel. I would like to have some explanatiou per- haps, also, as to the newness of this book. The first entry is made Monday, July 1, 1872. Q. (To the witness.) Who kept Mr, Evans's account with Zug & Co., the stone-crushing firm ? The Witness. In relation to the stone purchased of them, do you mean ? Mr. Christy. Y'es. — A. I did, sir ; you will find it on that journal. Q. And all those transactions appear in these books? — A. Y^es, sir; they all appear on the books. TESTIMONY OF 11. C. EVANS. 1355 By Mr. Wilson. Q. How long- was Mr. Evans e!igMa\Ml in this work ' Here is one, lor instance, the ''wood pavement." You kei)t th.e books for the wood liaveuient, and for the asphalt or concrete f — A. Yes, sir. Q. How long- Avas lie engaged in that work f— A. Do you mean the wood-paveraejit work f 3Ir. AViLSON. The wood pavement and concrete. They were both going on at once, were they f — A. ISf o ; the wood i)avenient commenced in July of that year, 1 think; the concrete was from the time they com- menced in 1871 in the fall, np to that time, and then they both went on from that date. Q. Were you engaged in anything else except these books ? — A. Xo, sir. Q. Did you begin keeping the books with the commencement of the v.ood i)avement and of the concrete? — A. Yes, sir. Q. You did commence at that time? — A. Yes, sir. Q. "When did you quit ? — A. I am in Mr. Evans's employ now. (). When did you get through with the wood and asi)halt pave- ment ? — A. The cash-book shows about the time — in fact all of the books show, I think — tliat is for that year, I mean. There was nothing done in the winter, of course. Q. The last entry on this •' wood-pavement journal " seems to be on the 10th of April, 1873. — A. Well, sir, that was, I presume for pave- ment. The work was stopped j>revious to that. Payments were made afterward as bills came in. During the winter they were paid. Q. Did you continue in his employ in connection with these matters up until that date? — A. Y^es, sir; and ever since. Q. Had you any other duties at the time you were keeping these wood- pa^ement and asphalt books? — A. None at all. Q. At wliat time did you say the concrete Avork began ? — xY In the fall of 1871, 1 think. 1 do not recollect exactly. Q. And continued until the lOtli of April, 1873 ; and during all that time you were engagedyin nothing else except keeping the books for that Avood pavement and concrete ? — A. That is all. Q. And that is all that you did in that length of time ? — A. That is all. As I stated before, I made these ])ayments, or most of them. Q. Those books indicate the payments you made"? — A. Yes, sir. Q. These books indicate the whole work that you did ? — A. Y"es, sir ; and the books are substantially correct. Q. Do you say that they are subs*:antially correct? — A. There may be possibly an error of a few cents, but the books are substantiall}' cor- rect. Q. Have you ever seen any books, papers, or memoranda i)ertaining to this business that you have not brought here '? — A. I think not any; I do not know of anything, or any particular memorandum whatever. Q. Why have these books never been closed u)) ? — A. The business has not been closed uj). Q. Is there anything in these books that will show the results up to the present time? — A. No, sir ; I think not. There are some entries there for lumbcu' that was purchased for the wood pavement that have not been entered yet The amount of the bills I do not know. Q. Is there anything on these books that will show the cost per square yard of this wood i>avement ? — A. Xo, sir. Q. Is there anything that will show the cost of the concrete? — A. No, sir. 1356 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have you ever bad iu your possession any books, papers, or luemo- raiula tliat wonld show the cost? — A. No, sir, I have uot. Q, Have you ever seen any such ? — A. No, sir ; I think I have never seen any. I do not remember that I have ever seen any. I do not know that I ever heard Mr. Evans say what they cost. Q. Where was the office in which you kept these books? — A. On New York avenue, between Fourteenth and Fit'ieenth streets. Q. Was that otliee used for any other purpose than that ? — A. No otlier i)nrpose at all. Q. Did Mr. Evans have another office of the same kind ? — A. lie had an office on the avenue. Q. And kept sei)arate books and papers there, did he uot ? — A. Not in relation to this ]>avenient. Q. But iu relation to some other work? — A. A^es; his private bus- iness. Q. Did he k':^ep any books or ])apers there witii reference to work done here in the ]3istrict for the board of public works? — A. I could uot tell you that for I was not there. I had not access to that oftice. 1 was not ejuployed there. Q. Did you ,make settlements with the employes of Mr. John O. Evans? — A. Yes, sir. Q. Settlements were made at your office, were they? — A. Yes, sir. The money passed through my hands on all those payments. Q. Where did you keep your money? — A. The bank-account was ke])t at the First National. Q. Were you authorized to check on that money? — A. No, sir. Q. Did you keep the bank-books in your possession? — A. The bank- books were in my possession — yes. Q. Did you keep them in your possession all the while? — A. I do not know that they ever went out of my possession. Q. Have you them now ? — A. I do not know. I have not seen them for some time ; not since the First National Bank closed, or before that. Q. What did you do with them when they went out of your posses- sion ? — A. I do uot know that they went out. I have not seen them. I have uo recollection of where they are. Q. Do you not know where they are ? — A. I do not. Q. What did you do Avith them? — A. They were left with the other books, I suppose, in th'e office — moved to the other oftice, probably. Q. There have been books takeu out of your office aiid moved to the other ? — A. The office on New^ York avenue was moved last fall. The books in that office were moved down to the office on the avenue. We closed that office up. Q. There were books taken out of your office to the other office ? — A. When everything else was moved they were moved. Q. There were books taken '? — A. Those books were taken. Q. Where did you get these '? — A. Those books were taken from that office down to the other office. Q. Where did you get these books, when you brought them here ? — A. From the safe, in the office on the avenue. They came down from, the other office in the safe. They have been in the safe ever since, and 1 have had control of them ever since. Q. Have you control of the bank-books now !— A. I have uot seen the bank-book. I presume it is in the safe, but I do not know it. Q. Have you control of it ? You say you had the control of these. Had you control of the bank-books also ? — A. I do not know whether I have or not. 1 do not know where it is exactlv. JMr. Evans may have TESTIMONY OF H. C. EVAN8. 1357 it at his house or ill bis pocket. I ^lo not know aii.vthin— ou the 22d of August, 1872. From the 22d of August, 1872, to July 18, 1873, you were not buyiug auy material? What work was then doue ? — A. I do not kuow that. I do not know as I was buying any tlieu. Q. The work was then done? — A. I do not recollect the time the work was completed; the books show about the time. Q. I am speaking now of your book. During that eleven months you made tliese entries according to your books ? — A. Yes, sir. Q. And nothing else ? — A. Eleven mouths from wliat time? Q. From August 22, when it seems the work was completed — August 27, 1872. I do not know exactly the time when the work was com- pleted. September 7, 1872, is when your credit ceased. Tlien there is no entry from that date ou the credit side ; but between that date and Jnlv 18, 1873, are these charges or credits of payments made to indi- viduals. — A. Those are bills that were not settled until that time. Q. 1 understand you, that during that period your only service was in keeping these accounts? — A. I believe that is about all. I might have done some small matters outside, in regard to his private business, but nothing in relation to concrete or wood |)aveinent. Q. These entries you claim were m ide at the time and in the order of dates they purport to be made? — A. Yes, sir, I do. As I stated before, they were entered on the blotter, and put on to that book tne same day, perhaps the next day — not any further thau that; perhaps the second day, if Sunday intervened. Q. And that was the extent of your service ? — A. Yes, sir. Q. That pavement, then, according to your accounts, cost one hundred and twenty-one thousand dollars — cost sixty-three thousand dollars ? — A. That is an unsettled account yet; the books are not closed. Q. Who is that unsettled account with ? — A, There are lumber ac- counts to be added to that yet — a large item liere. Q. You have here an entry of an unsettled account with J. G. Moore & Co. for a bill of lumber, and one with B. (t. James & Co. What is the amount of those accounts ? — A. I could not tell you. Q. Why have they not been settled ? — A. Because I never knew what the amount was, yet. Q. Have the accounts ever been rendered ? — A. I do not know whether Mr. Evans has them or not; I never have had them. Q. How do you know there are such accounts ? — A. I know he could not lay dowu a wood pavement without lumber. Q. JHow do you know the accounts have not been settled by Mr. Evans? — A. Well, I judge so, or they would have been reported to me and put on my books. 1 should have known sometliing about it. I should have seen the bills. I have vouchers for the other things. I do not know anything about that lumber-bill at all. I have told you the extent of my knowledge in regard to it. Q. If you had those vouchers, did not you kuow the amount? — A. I have not the vouchers for the lumber. Q. You have just remarked that they were not reported to you ? — A. Ko, sir ; 1 stated that I had not the vouchers for the lumber. Q. You have just remarked that they were rei)orted to you. — A. I have the vouchers for the other charges — these other entries. Q. Then, if they have not been reported to you, do you know anything about them ? — A. I do not know anytbnig about tliem. Q. How do you know, then, there are such a(tcounts? — A. I know that he had dealings with those parties for lumber for wood pavement y TESTIMONY OF H. C. EVANS. 1361 I know tbey must be entered on that book ; tlie memorandum was put there so that they need not be forjiotten. Q. AA'ho are J. G. Moore & Co. !— A. Lumber-dealers. I believe Mr. Moore resides in New York. Q. Who arc B. G. James & Co. ? — A. Parties who reside in Boston. Q. Have you ever had any conimuuicatiou with them ? — A. I never have had. Q. Have they written in regard to their accounts ? — A, I do not know anything about that, I am sure. Q. Tlien really you do not know that such accounts do exist ? — A. I have every reason to believe that such accounts do exist. I do not know it, because 1 did not see the transaction. Q. If these accounts, these entries were made on the same day, would it not be uatnral that on taking them from the blotter you would enter them in this book in the order in which they stand in the blotter! — A. Well, there may be instances in which it was not done so. I know of some instances where they were put on to the cash-book and were after- ward put on to the blotter, in order that they might not be omitted ia putting them into the journal. Q. You know of some instances in which they are put on the cash- book f — A. I think there are a few. .When the book was tirst started, especially the asphalt-book, they were charged directly on to the book, and then it was afterward concluded to put them all on to the blotter and put them on to the cash-book. Q. Were there any special instructions given to you about keeping these books ? — A. Not that I know of. Q. If there had been you would know it, would you not ? — A. I think I should. Q. Y^m think there were none? — A. Y^es, sir. Q. During the past year there would be upon an average three or four entries during a week, and sometimes two or three a day ? — A. Y^es, sir. Q. What would you be doing in the mean time ? — A. I do not recol- lect. I do not know that I would be doing anything. Q. Y^ou are very confident you were not keeping any other books f — A. 1 kei>t no other books. The Witness. Mr. Jewett, if you will allow me, I will just make one cor- rection here. Y'ou asked me how much a month I got for my services. I supi)Osed, from the question you asked, you thought that was an ex- orbitant price for so little work. I will state, in relation to that, that I should have said $1,200 a year, which amounts to the same thing. I think the agreement with Mr. Evans was that he should give me so much a year. Probably he did not know what the extent of the work would be, and, as I suppose, he does not care much whether 1 was employed every moment or not. Q. Who were E. B. Warner & Co. ? — A. ]\[en dealing in composition and coal-tar, over in Georgetown. Q. Did you have charge of all the books of J. O. Evans & Co.* relative to these various contracts ? — A. All in these books I said, before there were other contracts. Mr. Evans had contracts with Mr. Linville, I believe, to lay some pavement, but my knowledge only extends as far as this asphalt-paving company goes, and the wood pavement here is concerned. It was shown in these books; in connection with this — in relation to this matter — except the ledger and pay roll. Q. Where did you keep these books ? — A. At the otiice on New Y^'ork avenue. 8G D c T 1362 AFF.\IRS IN THE DISTRICT OF COLUMBIA Q Is that the only office that Mr. Evans had ?— A. ^^o, sir; he had another ofltice on Pennsylvania avenue, where it is now. Q. At the same time that this office was going- on ?— A. \es, sir; he lias had it for a number of years. ^^ .. , «i » Q. What business was transacted at this New lork avenue office?— A. ^This paving business, and no other. » v v • Q. In relation to this pavement reported to you .'—A. Yes, sir. Q. All the papers were kept there?— A. All that 1 know ot. I had renorts about it. I kept tliem all there. _ t , i O Did vou never see the accounts of lumber ?- A. No sir; I liad no account of lumber. Evans's lumber business was carried down to the otlier office. He has been largely engaged in the lumber business pre- vious to this company's organization, in any shape whatever, lor the last ^^ O^ Did vou keep an account with the Pennsylvania avenue office of nnv kind '?— A. No further than 1 might have drawn checks down there sometimes, when they reported it to me to be entered at once up there. There were no book transactions between the offices at all. Q. Have you no papers connected with this work ot the asphalt pav- ine'company and the wood pavement? The Witness. What papers do. you refer to— to the vouchers I Q. Vouchers would be papers.— A. Yes, sir ; there are vouchers, i hey are at Mr. Evans's office. ^ , ^ m, Q Any other papers ?-A. No, sir; none that I know of There were no contracts, or anything of that sort. I have not any of them in my ^'""crDiTVon have any bank-books there !-A. Yes, sir; the bauk- ^Q Wn!o'kept that; do you have charge of it?— A. I had charge of it when we were up at the New York avenue office. O Drew checks ?-A. I didn't sign them. 1 filled them up nearly alw^ivs. The checks were drawn often payable to my order, and 1 paid out the cash on them. I paid the men on such checks as these. Q. Is that New York avenue office still open?— A. ^o, sir; it is ''^q'' Where did you find these books?- A. I found them in the safe. cV Where '^— A. In the safe in the avenue office. We moved them down there last fall, as I have stated already, when we closed the New York avenue office. , t.„^„ Q. I wish YOU would bring here any vouchers or papers you have relative to this business.-A. We have vouchers, I believe, for every- thing that is on these books, but it would be something of a matter ot a iob to look them up. , Q. Have you any other vouchers except what are represented on these ^^q' a"^ othe'i accounts?- A. No, sir; up to the last day on these books. By Mr. Wilson : Q. Who do you say were the parties interested in this work?— A. John O. Evans, Hallet Kilbomn, and Lewis Clephane. The Witness. I desire to make a statement, if I will be permittea. Mr. Christy seems to have thrown out a suspicion that the books may have been manipulated or altered . . ,. ^^ ^, „„<. ^f Mr. Christy. The witness does me injustice. It was the wane oi manipulation of the books of which I complained. TESTIMONY OF H. C. EVANS. 1363 The Witness. I did not so understand it. The CuAiUMAN. You wiint to make some fuitber explanation about the books. "Witness. 1 want to say these books were purchased by mc befor<* these first entries were made in here, and that I made these entries all myself, from bei-inning* to end. Tliey have never been out of my pos- session from the time 1 first bought them. I have had complete control of them all the time, and there have bten no copies made from them, nor any additions to them, and nothing erased from them. They are the identical books, and explained the transactions as they occurred at the time. There has been no manipulation, or alteratiou, or new books got up for the purpose at all ; that is all moonshine. By the Chair3IAN: Q. ])o they explain all the transactions relating to the asphalt com- pany and the wood-paving company ? — A. They do to the extent of my knowledge. There are pay-rolls and other books that show the pay- ments to the men, &c. Q. Did you keep those ? — A. Yes, sir, I have them. Mr. Wilson : (}. Then these books will show the entire cost of this asphalt and wood pavement that has been laid down by Mr. Evans? — A. They will not show the entire cost of the wood ])avement. Q. Except the lumber? — A. Yes, sir. Q. They will the asphalt ' — A. As far as I knowj they will. By Mr. Chuisty : Q. You say you conducted the correspondence of John O. Evans in relation to this matter of wood pavements? — A. Not entirely. Q. A part of your time? — A. I don't know that I said I did at all in relation to wood pavements. Q. I understood you to say that a part of your time may have been occui)ied in corresponding. — A. Yes, sir. Q. I w ill ask you if those gentlemen who furnished the wood for that pavement — the persons you have named — have written no letters to your office on the subject of the payment for that wood ? — A. Xo, sir. Q. They have been paid ? — A. 1 do not think they have. Q. You say that you prepared the checks, but that they were signed by John O. I'^vans ? — A. Most of them were. Q. The checks relative to this business ? — A. Yes, sir. Q. Can you say whether they have been paid any portion of the cost of the lumber furnished for this wood pavement ? — A. I do not know whether they have or not. Q. That has not beeu tlie subject of discussion in your oflice ? — A. Not at all. Q. Now, do you know from what source this lumber was obtained that went on that pavement ? — A. Pennslyvania avenue? Q. Yes, west of Eighteenth street. — A. I do not know. My im- ])ression is that it was obtained from INlr. Moore, apart of it 5 I do not know how much. I got some from both parties. Q. You say that the lumber-account was kept at the other office ? — A. Yes, sir. That John O. Evans was largely engaged in the lumber- business. Q. You have beeu in the office for years. Do not you know, in fact, that this lumber came from ]Mr. Evans's yard, and not from those i)arties ? — A. I do not know any such thing. 1364 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Do not you know that it was not treated lumber? — A. No, I sir; do not. My opinion is that it was treated lumber. Q. Give us the basis on which you fouud'-that opinion, that it was treated lumber, if you have uever had any correspondence with these parties and know nothing about the matter, — A. 1 have always under- stood it was treated luml)er. Q. From whom ? — A. From parties on the street working the lumber. Q. From Mr. Evans ! — A. He did not lay it. Q. Did you ever inspect the lumber? — A. I did not. Q. Give us the names of the parties who said that lumber was treated. — A. I could not do that. I did not charge my memory with who the persons were, as it has always been regarded and talked of as treated lumber. Everybody supposed it was, and I have no doubt it was. Q. And yet you have no reason to assign why you believe it was treated lumber, except from the mere statement of the parties whose names you do not remember ? Mr. Mattingly. You proved, yourself, it was treated. Mr. Christy. We proved it was not treated. Mr. Mattingly. You proved it was. You had one of the blocks produced here. Mr. Christy, One block was treated superficially. Mr. Mattingly. Superficially all over. Mr. Christy. It was green lumber. A recess was here taken until 2 o'clock. The committee re-assembled at 2 o'clock p. m. Mr. Starkweather, a member of Congress, appeared before tlie com- mittee and stated as follows : Mr. Chairman, I want to say a word to the committee. This is the first time I have been in the room. I have been engaged very busily on the Appropriation Committee of the House. 1 have read but little of the testimony taken by this committee. I have beeu too busy to do so. The most of it I have glanced at. Before the investigation commenced, in one or two papers there was something said in disparagement of the former District Committee. 1 said to the chairman of the conjmittee ou the part of the House, (Mr. Wilson,) as soon as this committee was appointed, and I have said to other members of the committee, that if there was one word of testi- mony here offered by anybody, or a claim by any counsel for the prose- cution affecting my conduct as a member of Congress or with the former District Committee — if there was a claim of anything that affected my integrity — I wanted the privilege of being here, and I would be ready to answer it in five minutes. Now, I have not had a chance to read this testimony. This is what I have said to the chairman on the part of the House, and what I say to Mr. Christy now, the first time I have met liim, if any member of the prosecution, either the counsel or any member of this committee, find one syllable in the testimony implicating my conduct, I am ready to answer it at any time in a minute, and would thank the committee to give me that oppor- tunity. Of course, I do not want to take your time up unless that claim is made ; but should it be made at any time in the course of this inves- tigation, I would thank the counsel and the committee to send for me, and I will ask no delay at all in meeting that question. I do not wish to take up time unless it is made. TESTIMONY OF C. H. EVANS. 1365 Mr. WiLSOiSL There lias not been a syllable of testimony rettectiug u{)oii you, Mr. Starkweatlier. Mr. Starkweather. If tUc claiin is made, wbetlier it is offered in testimony or in any way, 1 would like to be informed of it. The Chairman. I will say to you, Mr. Starkweather, that, so far as this committee has any knowledge, no evidence affecting you has been given, and I have heard no intimation from any counsel for the memo- rialists or any gentleman connected with the investigation that you were in any way involved in our inxestigation. Mr, jNIekrick. The counsel for the memorialists have no concern with Mr. Starkweather at all. ^Ir. Starkweather. I did not know, as 1 had not read the testimony-, what claim would be uuide after the case was through. Mr. Wilson. If there had been anything of the kind, I should have given you notice, Mr. Starkweather. Mr. Merrick. There has been nothing, certainly, from counsel for memorialists that would justify any such suggestion. Mr. StarivAVEATIIER. I siujply made the suggestion because, when tlie testimony was closed, not having a chance to read it day by day, 1 did not know but some claim might be made. Mr. Christy. I understand from Mr. Starkweather that he did not know the direction this inquiry had taken, nor could he ascertain without reading this volume, (indicating volume of testimony taken be- fore this committee.) which I would not ask that he should do, because we can advise him that no alhision whatever has been made to him. C. II. Evans recalled. ]\Ir. Christy. I desire to read this paragraph from the testimony of John O, Evans, and then direct the testimony of C. II. Evans to it, and with that I will tinish our examination of C. II. Evans. On page 312 of the re])ort of the ])resent committee, the following question was asked Jolin O. Evans : "What amount of asphalt had you bought, or did you pay for the asphalt bought to be used in laying the pavement in front of the Freedmen's Bank building ? — A. I do not recollect, sir. I think we bought about two huiulred tons about that time. It was not all used there, though." Now, I desire to ask Mr. C. H. Evans to point out among the entries in these books any quantity whatever of asphalt purchased by J. O. Evans, or by the Washington Asphalt Company. The Witness. Well, sir, if it. was paid for it is on that book, there is no doubt. Mr. Christy. Point out any items showing the purchase. The Chairman. Take these books, and see if you can find any entries of the purchase of asphalt. Mr. Christy. I would like to have his attention directed also to the quantity of coal-tar i)urchased from the Ualtimore Coal Company. The Chairman. -Mr. Christy, upon a hasty examination of these books, I lind a great many items of coal-tar. ]Mr. CiiiMSTY. IJut none of asphalt. ^Mr. Evans lays the foundation by going into a disquisition about asphalt and bitumen from Trinidad and Cuba ; and I want to see where the asphalt appears on tlie book. There is evidence that a good concrete pavement could not be laid without having asphalt. The Chairman. Is that the only question that you desire to put to the witness i? Mr. Christy. Yes. 13G6 AFFAIRS IN THE DISTRICT OF COLUMBIA. The chairman here directed the witness to take the books aside and make a thorough examination of them in the manner requested by Mr. Christy, and hereafter report to the committee. James A. Magruder recalled. By Mr. Merrtck: Q. You had expended, as I see by your reports, up to November, 187L* five millions and some odd thousand dollars.— A. Yes, sir. Q. Had you, then, any moneys remaining in your treasury independ- ent of the appropriation which you anticipated from Congress ^— A. ^o, I guess not, sir. -, -^ ^ ^^ -^ j Q. Then, the appropriation of $1,240,000 you deposited equally, if I understand you, in the two banks?— A. My bank-books will show that. I cannot speak from recollection so far back as that. Q. Substantially, you deposited it?— A. I think so January 11, i deposited in the First National Bank $020,753.14. 1 deposited this $020,000 in the National Metropolitan Bank January 20. Q. That is, you deposited nearly equally m the two banks '^— A. les, sir. Q. Now, of the amount that you deposited in the First National Bank, what proportion did vou pay in checks to the cashier of that bank upon those certificates which they held ?-A. That I cannot tell without look- ing over the checkbooks. Q. Cannot you give an approximate statement ot u .^— A. ^o, i can- not. By looking over the check-books I can tell. Q. Can you give an approximate statement of how much you paid to the Metropolitan Bank?— A. No, 1 cannot, without going over the check-books. .,. t ■ t •*., +i,-. Q Cannot vou state from recollection, withm reasonable limith, tue proportion of"^the amount you had in these respective banks that you paid upon checks to those banks ?— A. I cannot. . ^ • ^i Q. Can you form no idea of the amount ?— A. ^ot the remotest in the Q Are you not aware that the banks insisted upon your paying these amounts which thev held under these certificates ?— A. Certainly, sir. Thev did not have to insist upon me. We paid them most cheertully. O". You paid them in preference to all other parties ?— A. les, sir; very gladlv ; and in preference to all other parties, for the simple reason that we had gone there, and asked them to help these contractors along, so that they could go on with the work. Q. And you paid them all they held, whatever the amount was '.—A. I do not know that we paid them all. That I cannot speak from recol- lection. , , . r- ^1 1 ^•<-., (). Y(m paid them all that they held to the extent of the deposits that you had there, did you ?-A. U, no; because we paid a^ great many other people out of those deposits. They did not hold one-fourth ot the amount. . , . j ,,^4. Q. I asked vou if vou could not state approximately.— A. 1 cannot say within thirty, forty, or fifty thousand dollars. _ ^, ^, , . Q. Can you sav within $70,000?— A. I can by looking tor those check- books, but 1 cannot from recollection. With.a hundred or two ot people to me every day, I could not speak of a thing of that kind from recollec- ^'^Q. No ; but then the general fact of the large payments to these TESTIMONY OF JAMES A. MAGRUDER. 1367 banks, aiul flie preference given . A. I tliiiik, probably, that there was $150,000 in eacli bank. (}. Xever more than that ? — A. I do not think there was, excepting this : that we were over-checked in each of the banks. Of conrse, that deficit went against the over-check. Q. How nincli were yon overcliecked in this bank? — A. Some $300,000, I tliink. V>y looking at the report of 1S72 I can tell yon exactly. Q. The last item in the receipts is 8-21,000 .' — A. Yes, sir ; that is it. Of conrse, that Ave made good. Q. When did you make that good ? — A. We made it good when this deposit was made. It is S221,GoG.S!). Q. If you made it good at that time, how does it happen that your ontry of that balance in your expenditures is found in your account ot the date of 27th October, 1873 ! — A. Because I had to i)ut that in. There were no ])apers passed or anything of the kind. The check-books .showed that the checks were drawn, and when I came to make up my report, I was entitled to a credit for that 8221,630.81), having made it good. Q. Bnt, then, when you come to cliarge yourself with receipts at the particular date, there being a i>ayinent out by you at that very time of two hundred and twenty-one and odd thousand dollars, why did not you €uter that expenditure of 8221,000 which is found on page 109 of the report of, 1873 .■ Why did you not enter that debit against yourself as of that date when it was passed to the credit of the bank out of that deposit which you then made ? — A. Well, I cannot state why I did not. I have got a book-keei)er down there who keeps my books, and he .called my attention to this fact in making up the report. Says he, ''Here, you have charged yourself in your receipts with $221,000." "Well," says I, " that having been made good, must be credited to me as a matter of course, must it not 'P^ He said "'yes,'' and he credited it of that date. It was just as easy to put it into the report. Q. Was not that necessarily brought to your attention at the time you were drawing upon this fund in this bank, when you had exhausted the balances ? — A. 1 do not know that it was particularly. Q. If it was not, then you must have drawn to the whole extent of live 8021,000 ?— A. No; 1 did not draw to the extent of the 8021,000. Q. You left the money lying in the bank, without any note of it. Were you not importuned l)y creditors all that time? — A. Yes, sir. Q. And yet having this fund there and not transferred to any other account? — A. My bank-book would show that I had not the money there, at once. (^>. But here is your account of expenditures. — A. Exactly ; my ac- count of expenditures is there, and my receipts are there. Q. When you nuike your acconnt of ex[)enditures, do you not put the exi)enditures at the proper date aiul time that it occurs. How can a man keep books otherwise, if he does not put so large an item itito his debit and credit account for nine mouths after it occurred ? — A. The books show exactly what I have paid and what I received. Q. They ought to. — A. They do it. They show what I receive and what has been i)aid out, ami there is a voucher down in the office for every payment I made. That ought to have been credited to me when the money was in bank. Q. I find at page 147 of the report of 1873, under date of August 5, certain paynuMits which I would like you to explain the mode of. "William Fh'tcher, for certifi(;ates of indel)tedness of various numl)ers, ^10,000; ditto, T street, northwest, extra work, 8l,120..30; ditto, ditfer- 1368 AFFAIRS IN THE DISTRICT OF COLUMBIA. ence in price of brick, $810," and so on. — A. About a year ago, the board, having no money, determined to cut up certificates of the auditor into smaller certificates of $100, $200, and $oOO, and made them receiva- ble for special assessments on streets. Q. Was that by an act of assembly? — A. No, sir; it was by an order of the board. Those certificates were signed by the auditor, hy the secretary of the board of pnblic works, and by myself, as treasurer. When a man came into the ofl^ice with a lot of auditor's certificates, and asked to have them converted into these certificates, they were so con- verted. This payment of William Fletcher for certificates of indebted- ness of various numbers, $10,000, was those small certificates. Q. And the five or six entries following it are of the same class? — A. No; I don't know about the others. Q. You say "ditto William Fletcher." — A. Yes; but it says expressly what for, there. No, those were not; those were the auditor's certifi- cates. "P street, southwest, extra work, $1,120.50," that is an auditor's certificate. The $810 is an auditor's certificate. The $255 is au auditor's certificate. The $9,756.30 is an auditor's certificate, and the $20,980 is an auditor's certificate. Q. And the $8,469 is an auditor's certificate, too? — A. Yes, sir. Q. Then you did not uniformly cut up these certificates into sums of from $100 to $500 ?— A. Whenever the parties asked it we did it. Q. It was only at the request of the parties? — A. Yes, sir. Q. For the purpose of making them negotiable? — A. Making them so that they could use them in smaller sums and get a better price for them. Q. I see an item of the 21st of August, 1873, cash paid Governor Shepherd, judicial expenses to New York, $269. What was that? — A. That was the certificate of Governor Shepherd's expenses to New York. Q. For what purpose? — A. I do not know. Mr. Shepherd can answer all those inquiries. Governor Shepherd. It was to bring Mr. Dana here. Mr. jVIerrick. The board of public works, then, paid the expenses of Mr. Magruder to go to New York to bring Mr. Dana ? The Witness. No, sir ; I did not go to New York. Q. Mr. Shepherd did go ? — A. Yes, sir. Q. That was under a public prosecution against Dana, for a libel, or somethiijg of thai, sort ? — A. Yes, sir. Mr. Harrington. I want to explain it here. There was no means of payment of the expenses of witnesess to go there; and but so far as the public oflicers were concei-ned, there was not a dollar of it paid to them. They simply had to pay their expenses as witnesses, because I would uot take it out of the Treasury of the United States to pay it. Mr. Merrkjk. This was paid, then, for witness-fees ? Mr. Harrington. No, sir; expenses of witnesses to go on in that prosecution. It was a direct charge made against the executive officer of the board. I went to New York in my capacity as a public officer, but for that there was not a dollar paid, of course. Mr. Merrick. That is, this $209, as 1 now understand by Mr. Har- rington, was a payment} of $269 on the part of the board of public works for witnesses conveyed by them to New York to maintain a i^ros- ecution against Mr. Daua, ^the editor of a paper, for certain libelous- matter contained in his paper. Governor Shepherd. Against au executive officer of the board of public works. TESTIMONY OF JAMES A. MAGRUDER. 13G9 By Mr. Mekeick : Q. Yon say you paid out no certificates uutil after tlie mouth of July, 1878. All your payuieuts were in money up to that date f Mr. Magkuder." With the exceptiou of some siuking-fuud bonds which I stated yesterday. Q. You had not paid, then, any portion in certificates of assessment prior to that time '! — A. 2S"o, sir ; we sold the certificates of assessment. Q. Y^ou sold the certificates of assessment prior to that time"? — A. Yes, sir. Q. And realized the money on the certificates of assessment ? — A. Yes, sir. Q. I observe at page 507 of the testimony au account rendered by you of the bonds and certificates which were sold by you. — A. Yes, sir. Q. One hundred and seventy-three thousand two hundred and fifty dollars of special-improvement certificates, issued as per act of the legis- lature, at ten and one-half per cent, discouut ? — A. Yes, sir. Q. xVre those certificates issued against the property? — A. No, sir. Q. What were they ? — A. They were District bonds. Q. You have got them " special-improvement certificates." Here is $185,000 bonds; then there is 8173,250 of special-improvement certifi- cates. "SVhat were they ? — A, Those were the little oue-hundred-dollar bonds issued. Q. Those were the certificates of indebtment, then, and not the certifi- cates of assessment? — A. They were not the certificates of assessment. Q. Thirty-three thousand six hundred dollars of sewerage-certificates issued, as per act of .the legislature of June, 1873, at ten per cent, dis- count. Those were in a like manner certificates of indebtment ? — A. That is all ; not against the property, of course. Q. Then this $771,201.30 of assessment-certificates, what are they? — A. Those are the certificates against the property. Q. Not the certificates of indebtedness I — A. iS"ot the certificates of indebtedness. Q. ^Vere they certificates against the sewerage or against the other ? — A. Not against the sewerage ; against the special improvements. Q. When were those certificates issued? — A. At different times. Q. Were any of them issued subsequent to the 2Gth of May, 1873, those that you sold ? — A. 1 do not recollect. I do not think they were. I am certain, though, about that. Q. Can you ascertain whether they were or not ? — A. Yes, sir. i). What have you done with all the other assessment-certificates issued under that law ? — A. We have not had any other. Q. You have had none others except this $771,000 ? — A. No, sir. Q. Have you disposed of all that you had ? — A. All that have beeu issued. There are a great many to be issued. i}. Have you had any assessment-certificates against the property under the sewerage-act? — A. No, sir; we have not issued any. Q. I would be glad if you would ascertain it and state to me how much, if any, of these $771,201.30 of assessment-certificates were issued subse(iuent to the 20th of May, 1873. You say jou can do it. — A. I can ; anank of New York. They were out-and-out sales. Mr. Wilson. Does he give the amount, Mr. Merrick? Mr. Merrick. He gives the amount on page 507 of the testimony. 16 iO AFFAIRS IN THE DISTRICT OF COLUMBIA, The Witness. It is iu the governor's answer. Mr. Merrick, (to the witness.) Is there any authority of law author- izing the sale of these assessment and sewerage certificates ? — A. [ do not know of any. Q. By what authority, then, or by whose advice and direction, were those sales made ? — A. By the authority of the board. Q. By the authority of the board of public works ? — A. Yes, sir. Q. Was there a resolution to that effect made by the board of public works ? — A. That I do not remember ; but I had the authority of two members of the board besides myself, and probably three. Q. What duties as a member of the board of public works did you perform besides that of treasurer of the board of ])ublic works "? — A. I was in the of&ce answering questions, referring papers in the absence of other members, conversing with people who came there, a large number of them everyday; and very often I went out on the work, looked at it, consulted with other members of the board in relation to contracts, and in relation to Avork to be done. Q. You performed active duty as a member of the board of public works independently of the duty which you performed as treasurer ? — A. I did, sir. Q. You were paid a salary as a member of the board of public works of $3,500 a year ? — A. By the Government. Q. And also a salary of $2,500 a year as treasurer of the board ! — A. Yes, sir. Q. Neither of these then engrossed all your time ? — A. W^ell, the two offices engrossed my time from early morning uutil very often midnight — very often. I probably had less leisure than almost any man iu AVashington. Q. Now, subsequently to the month of September, 1873, how have you made payments to contractors and other creditors of the board of public works ? — A. Well, we have made tliem, some in money, when we had it, and in these sewer-certificates and special-improvement cer- tificates. Q. And the proceeds of the sales of these sewer and special-improve- ment certificates "? — A. Yes, sir. Q. Did you pay them iu the certificates at par ? — A. Yes, sir; invari- ably. Q. Then, if you paid them in certificates at par, why did you sell some of the certificates at this discount, and pay the money to some ? — A. Because we had borrowed the money from the Eirst National Bank to be paid to them in assessments upon the property. After the legislature passed a law authorizing ns to issue these certificates for si)ecial im- provements — to anticipate them — the law required that from and after that time all assessments made by the board of public works u[)ou pri- vate property should be placed in tlie hands of the sinking-fund com- mission. To enable us to settle with the First National Bank, we paid them these certificates at that discount. Q. Then, they were not sales to the First National Bank ? — A. They were sales in all Q. But payments to them at this kind at a discount ? — A. Exactly. It was the same thing as a sale. Q. But the actual fact was, that it was a payment to them of the debt"? — A. Yes, sir; it was a payment to theui of a debt that we owed them. Q. In these payments that you made out of the $1,210,000 appropria- tion bill to the National Metropolitan Bank and to the First National TESTIMONY OF JAMEvS A. MAGRUDER. 1371 Bank, were not these in point of fact also payments to the bank, sub- stantially, because had they not l)Ou<;lit in siibstance these certificates at these'vaiions discounts?— A. No, sir; they had not bought one of them ; they had loaned money on them to our contractors. Q. What other secnrity had they for the payment of those loans, except these certificates '! — A. I do not know. Q. They held these certificates?— A. They held these certificates. Q. And when the certificates were redeemed, that canceled the obli- gation of the contractor to the bank? — A. No. I understand that they did not give them the anu)nnt of the certificates, nor anything like it. They would lend to him ])rol)ably fifty, sixty, or seventy-five cents on the (lolhir, holding the certificates as collateral foi- the i)aymeut of the debt. 1 iiri'sume, without knowing, that they took his not eat the same time. (}. Do yon know any instance in wliicli they ever paid over any sur- plus to one of these men ? — A. No, sir ; I do not know it, but I have no doubt that you can bring up fifty men who will tell you they did. Q. You know nothing about it ? — A. 1 know nothing about it. They are gentlemen, and I took their word that they had not bought these certificates, and I do not believe to-day that they did. Q. You have stated already to us, I believe, that you had no rule by which you i)aid contractors, but paid those who first obtained access to you ? — A. i have stated that, sir. Q. Was your office equally open to all contractors? — A. Xo, sir; it was not open, because I could not kee[) my door open. I could not have done anything if 1 had. Q. Then you only admitted such persons as you chose to admit? — A. Just as fast as I got rid of one man I would say "IJring in aiu)ther." Q. You made no discrimination? — A. None, unless it was in some particular case. Q. You nuide no preference of audience as to those who came to claim the payment of their bills? — A. No, sir. Q. I find on the stubs of your checks here, on March 17 an 1 March 18, an aggregate of about $329,000, all paid to Closes Kelly, of the Na- tional Metropolitan Bank? — A. Y^es, sir. ■. Q. Out of what approi)riations Avere they paid ? — A. They were paid, I guess, out of the million-dolhir appropriation. Q. Out of the appropriation of the od of March ? — A. Yes, sir, I >]iould Judge so. (}. 1 do not find that you have charged yourself with the receipt of that a])propriation until the L'Othof Marc]i,a('cording to your books: " 20th of March, United States (rovernment, $1,100,0()6."— A. It possibly might not have gone on the books. Very often my old book-keeper is sick. He is very reliable, one of the best book-keepers in the world, I reckon, and when he is not there 1 put my papers in the safe. When he comes I hand them to him and he charges them. But the account will show. Y'ou have got there in the (iovernor's Answer what will show just wheal received the money. The Governor's Answer will show when I received that money from the Treasury of the United States. Q. Did you dedicate that appropriation made by the Government to the payment, exclusively, of these contractors who had done the work upon the Government property ? — A. I do not know that I did. VVe had paid those contractors a good deal of that money before we re- ceived it. Q. You had i)aid those contractors a good deal ? — A. Yes, sir; we bad paid a good deal of money out of this approi)riation for Govern- 1372 AFFAIRS IN THE DISTRICT OF COLUMBIA. ment work before we ever received the money — a good deal of iiione}' — which, of coarse, we were entitled to when we did receive it. Q. Then you did not discriminate in your payments, and preserve enough of that fund carefully to pay to those contractors who had done the work upon the Government reservations f — A. No, sir. Q. But you used it indiscriminately to people? — A. I paid it indis- criminately, just as people wanted it. Q. If you had already paid out to other persons, where did you get money to pay them, inasmuch as all your assets had been exhausted ? — A. A good deal of this money that had been expended around Gov- ernment property was paid out of the four-million loan, and had been due, say, for six months or a year. We never neglected Government property when we made any improvement on a street. We went right along Avith it. We did not stop because they had not made an appro- priation. We went right on with our improvement. Q. You made the improvements in advance of the appropriation? — A. Yes, sir ; on Government property. We have done that again. They owe us a good deal of money now. Q. Why should you do that in tlie face of the act of January 10, 1873, which expressly prohibits your contracting any obligation on the part of the Government? — A. For the siuiple reason that in improving a street we cannot break and leave a square in front of Government prop- erty unimproved. In laying a sewer, for instance, the sewer wouUl be worthless all above the Government proi^ertj^, if it was stopped there. It would be of no use in the world to the people above. By Mr. Wilson : Q. Wa3 there any such necessity as that existing for n)akiug the im- provements between the Patent-Office and the Post-Office? — A. I thiuk there was. We were improving Seventh street. By Mr. Tiiukman : Q. I want to get a clear idea of the amouut of taxation and of revenue in the District. Q. As I understand the laws of the District, the taxes are assessed by act of the general assembly. Tlie general assembly declares what the taxes shall be, and by tlie law those taxes are payable by the end of the fiscal year, June 30, 1870. — A. If you will excuse me, I have noth- ing to do with that portion. Q. If you know the fact please state it. — A. The governor can explain all that to you a great deal better than I can. Q. You are not able, then, to explain it? — A. No, sir. I do not know about those things at all ; but anything in relation to the board of public works, or any laws in relation to it, I would be very glad to answer any question in regard -to. In regard to the other matter you can get much more intelligible answers from him than from me. Q. Very well, then, I will reserve that for his examination, and go to another matter. In what mode have the assessments against private property for improvements been made — that portion of the cost of the improvement that is payable by an assessment upon the property of in- dividuals — property of individuals adjacent to the improvements? — A. When a street is finished, or an improvement is finished, we take the account of the cost of that street, the whole cost of that improvement, which is got in the auditor's ofiice from payments that have been made, and from estimates that have been furnished by the engineers. TESTIMONY OF JAMES A. MAGEUDER. 1373 Q. The auditor of the board of public works ?— A. Yes, sir; he has all the accounts against every contractor iu hisottice; and we never make the assessment until we find out exactly what the street has cost. Then the surveyor takes that cost and divides it among- the front feet, running- front ti^et, on each side of tlie street, charging^ each side Avith one-sixth, making one-third of the whole cost. Q. Charging- one-sixth of the cost per front foot? — A. Yes, sir; one- sixth of the cost. r>y ^fr. Bass : Q. Deducting- exempteil property .'—A. Yes, sir ; church-proporty is oxenipt. Of course he cannot charge on that, because it is a law of Congress that they shall not pay special or general assessments. He finds out the whole cost, and then takes the whole number of feet on the street, and divides the cost by the street, and charges each party one-sixth. Q. Then the effect of that is that two-thirds of the improvements are paid out of the general tax? — A. General fund of the District. Q, I do not speak now of where the Government of the United States intervenes, and one-third paid by the property-holders? — A. Yes, sir. Q. And that iu respect to the property which is exempceetljer. Q. When and where was that four -million loan net your deposits — the First National Bank then, and afterwards the National Metro[)olitan ? — A. Yes, sir; 1 tliink all that four-million loan went into the First National Bank. Q. Do your bank-books show that that four-million loan went into that bank ?— A. 1 think so. Q. And that the proceeds of that loan were gold? — A. O, no; cur- rency. i). Y^ou negotiated it in Germany ? You negotiated that for so much ? — A. The governor negotiated it in New Y'ork, with Seligman & Brothers, and they negotiated it in Germany. The last investigation showed what they got for it, and all about it. But it was negotiated ■with tliem a1)soluteIy. They bought tlie bonds. Q. They took tlie bonds at how much to the dollar ? — A. Ninety-four or ninety-five cents. Q. In greenbacks ? — A. Yes, sir. The last investigation showed all that. I will not speak ])ositively. Q. I only want to get the aggregate. You got about $3,7(50,000 or -$3,770,(»Oo".'— A. I presume that is what we got. Mr. Mekkick. You will find it in his report of 1872. (). That money all came into your hands ? — A. Y^es, sir. Q. Did you get any money into your hands from any other source except the Government appropriations 1' You have spoken of the four- million loan. — A. O, yes, sir. (}. Where did it come from ? — A. We got it from these special assess- ments on the streets. Q. Do you know how much you received from those special assess- ments ? — A. Seven hundred and odd thousand dollars. Q. Did you receive any money ? — A. Y"es, sir. Mr. Merrick. At page 507 of the testimony he gives his exact amount. The Witness. You will find there it is .s771,201.;u;. Q. Is that the net proceeds, or gross amount t — A. That is the gross amount. Q. Then did you receive any other money ''. — A. Yes, sir; 1 received money from the water-register for water-taxes. Q. What amount was that 1' — A. It is all in my icpoit there; 1 do not know what the amount of it was. 1382 AFFAIRS IN THE DISTKICT OF COLUMBIA. Q. About bow much ? — A. Eeally cauuot tell you, without going over the whole report. Q. Did not you keep any separate account with the water-register ? — A. Yes, sir ; there is a separate account down at the office. Q. You can give us the exact amount to-morrow f — A. Yes, sir. Q. Did you receive money from some other source? — A. I received a small sum of money from sewer and gas-permits — permits for opening the streets for gas and sewer purposes. Q. Did you keep a separate account of that I — A. Yes, sir. Q. Can you shoAv the amount of that ? — A. Yes, sir. Q. AVillyou please to produce that in the morning ? — A. I will. Q. Any other moneys that you received f — A. I do not know of any. The tirst year we received money from the District government — appro- priations from the District government. Q. How much was that? — A. Tbat is all in the report. (^>. I suppose you have a separate account of that? — A. No, sir. That goes right into my general account. But I can get it for you from the comptroller. Q. On what account did you re(;eive that from the District govern- ment ? — A. Api>ropriations made by the legislature. Q. It came out of the District? — A. Yes, sir; the general taxes, I suppose. Q. Are there any other sources from which you derived money ? — A. I think not. Q. Now, on the 11th of January, 1873, you received $1,240,000 ?— A. Yes, sir. Q. On the 3d of August did you receive $192,050.12 from an appro- priation made by Congress? — A. I think so. Q. On the 9th of July, $400,760.94 ?— A. I got all the appropriations of the Government. Q. I want to get at the amounts. On the 3d of August, $08,230 ?— A. Yes, sir. Q. On the 18th of March, $1,000,000 ?— A. Yes, sir. Q. On the 25th of July, $497,000.03 ; on the 18th of March, $106,583. Then, again, $63,021.45, $1,737,000.00, and $230,211.24. Are those cor- rect statements of the amounts received ? — A. I cannot tell you from memory. They are in my statements here. Q. Tliere was an appropriation of $913,497.26 ?— A. Yes, sir. Q. Was that all drawn by you ? — A. Yes, sir, I think so. Q. And has been deposited by you in one or the other of those banks ? — A. Yes, sir. Q. Show me the entry on the bank-book when that deposit was made. Witness. When is that ? Q. The appropriation was made on the 3d of March, 1873 ; $230,211.84 seems to have been drawn the 2d of September, 1873. — A. July 19, I find here on this book $230,000. Q. Look at page 457 of the governor's answer ; you will find this en- try there, " Pay to the order of the board of public works of the Dis- trict of Columbia $130,211.80. V. E. Spinner, Treasurer of the United States." Tiien there is another for $100,000— both are together. The Witness. On the 3d of September. Here that is in this little book. Q. When is the balance of that appropriation of $913,000 credited on your book ?— A. Here is July 25, $159,497.03 ; July 18, $25,000 ; July 9, $230,000. TESTIMONY OF JAMES A. MAGRUDER. 1383 Q. Wbat is your uoxt ito.n ?— A. $100,000, $i;30,l> 11.84, $230,000, $230,700.94. First Niitioiial Bank. The Witness. How much does that make ? Mr. Wilson. $S75,47j.81. The Witness. 1 recollect now the balance of that money ; I got a certificate of deposit from the Xatioual Metropolitan Bank to give to the First National Bank to take u]) the indebtedness we had there. It ought to show here but it does not, and I do not find any check against it here in this book. I can find that out in the morning at the bank, and let you know Just exactly how it is. Q. Will your books at the office show about that? — A. No, sir ; the books at the otiice will not show it. It will show it at the bank. If I deposited the money and got a certificate of deposit they have not charged me with the certificate and they never put it in my book either. I can find out all about it, however, in the morning. Certificates of deposit they do not credit you with on the bank-book. Mr. Wilson, (to Mr. Christy.) Have you any further witnesses. Mr. Christy. No, sir. We close here. Mr. Merrick. Mr. Kirtlaud is not here, and therefore we close our case in chief. Mr. Christy. Except as regards the testimony of C. H. Evans on the subject of those books. Mr. Merrick. That is only a little matter. He is only to furnish the amount of asphalt and coal-tar, I believe. Ml'. Wilson. How is the other Mr. Evans ? Mr. Merrick. He was only to be used for rebutting. The Chairman. Mr. Mattingly, can you be ready to proceed to-mor- row ? Mr. ^Mattingly. If the engineer appointed by the committee is ready with his measurements. We would like for these to be in before we go on with the (tase. There might be a number of matters which would be susceptible of explanation. 1 do not know, of course, what the result of his measurement is. ^Ir. Merrick. You can go on with other matters independent of that. The Chairman. I do not think our engineer is quite ready to report, though I do not know. Mr. iNlATTiNOLY. Our idea about the matter was simply this : It was suggested to the committee a short time ago that they go around and view the work that has been done. Our idea was that if the committee would take Thursday and Friday and view this work, then we could go on on Monday morning and cU)se up fhe case as rapidly as possible. After consultation among the various members of the committee the chairman made the following announcement : The examination of wit- nesses will be adjourned until Monday next unless INIr. Kirtlaud should come in the mean time; if so, we will examine him. To-morrow the committee will hold a private session for consultation ; and on Friday at 12 o'clock the committee will be ready to make such examination of the improvements made in the city by the board of public works as gentlemen may desire to point out to them ; and also on Saturday. Mr. ('iiRiSTY. I would state that we have arranged that there shall be a sort of general ]»rogramnu*. Th(! Chairman. The committee will jtrovide itself with means of con- veyance, and will be glad to have genth'nu'u on both sides go with them to i)oint out the work. The committee then adjounied its pubbe session until 10 o'cloidc Mon- day morning, the 27th instant. 1384 AFFAIRS IN THE DISTEICT OF COLUMBIA. Monday, April 27, 1874. The committee met pursuant to adjournment; no quorum beiug pres- ent, tbe chairman announced the committee adjourued until to-niorrovr nt 30 o'clock a. m. Tuesday, April 28, 1874. The committee met pursuant to adjournment. The journal of the proceediugs of Wednesday last was read and ap- proved. Samuel J. Ritchie, a witness on behalf of the District government, being duly sworn, testified as loUows : By the Chairman : Q. Are you engaged in the manufacture of sewer-i»ipe ? — A. I am, sir. Q. Where "?— A. At Talmadge, Ohio. Q. Tile-pipe? — A. Yes, sir. Q. Will you state the price? Did you furnish the board of public works with pipe t — A. Yes, sir. Q. How much !— A. I thiuk about $80,000 worth. Q. Do yon remember the dimensions of the pipe furnished by you ! Have you a memorandum of it ? — A. No, sir, I have not. Q. State as near as you can. — A. Six-inch, 9-inch, 12-iuch, 15-inch, iiud 18-iuch — some a little larger size. Q. State the price at which you furnished it. — A. The 6-inch was 17 cents a foot ; the 9 inch, I think, 40 cents ; the 12-inch, DO cents ; the 15-inch, $1 ; and the 18-inch, $1.19. Q. Are you in the habit of lurnishiug pipe to other cities? — A. Yes, sir. Q. How do these prices compare with those charged by you to other cities? — A. We charged in Cincinnati, Buffalo, Detroit, Eochester, and a good many other cities — we sell from lists, giving a jjercentage off — the list at which we sell in Cincinnati is .30 cents for inch, 50 cents for 9-inch, 75 cents for 12-inch, $1 for 15 inch, and $1.50 for 18-inch. From these prices we give off to these places 10 per cent. Q. Why do you sell to this District for less ? — A. AVe come in con- tact witli the Eastern manufacturers, and the result is a sharp competi- tion ; prices were cut down. Mr. Wilson. Let me see your price-list. The Witness. In Chicago we give 20 per cent, off to the city. By the Chairman : Q. Do you make any deduction from the prices you have named to the board of public works? — A. These are the net prices. Q, The prices for which you received pay from the board ? — A. Yes, .sir. By Mr. Wilson : Q. Who made the contract with the board of public works ? — A. Well, really there never was a written contract ; only an order. They invited bids. Q. Did you make bi i)erson ? — A. Not one dol- lar. Q. Your firm paid no drawbacks of any kind ? — A. No, sir; not one dollar to anybody. By ]Mr. Stanton : Q. I think you did not mention the name of your firm ? — A. Our firm is Sperry, Kitchie & Co. Q. In respect to the manufacture of sewer-i)ipe by that firm, how does it compare with other firms of the country ? — A. There is only one in the country that is as large. Q. Some testimony was adduced here by a witness named Evans, in resi)ect to a price-list furnished him in 1871, about the time the board of i)ublic works went into operation, which would have been June, 1871. How did the price at that time compare with the prices subsequently, say in 1872 and 1873 ? — A. The prices for this kind of pipe named, pre- vious to January 1, 1872, were 25 cents for the inch, -lO cents for the !>-inch, o.") cents for the 12-inch, 75 cents for 15-inch, and $1 for the 18-inch. Q. Then that was an increase of prices in January, 1872? — A. Yes, 8ir. Q. About what i)ercentage? — A. From 25 to 10, and 25 to 50 per cent. The prices had ruled very low i)revious to that time for some time. Q. And the most of the sewer-pipe furnished by you was in the years 1872 and 1873, was it not? — A. We furnished none previous to that, I believe. Q. Did you or not furnish this ])ipe to the l>oard of public works at lower rates than you furnished it to any otlier ? — A. There was no other consumer that we furnished to at so low a rate as we furnished it to the city. Q. Either a municipality or private i)erson ? — A. No, sir ; contract- ors have a discount off. It is the intention of the manufa(;turers to make that carortant fact, I deem it, to ascertain to what extent they have required contractors to pay for the use of this money. TESTIMONY OF MOSES KELLY. 138D The Chairman. It does not seem to ino that that wouhl be le<>itiinate. IVlr. Christy. J want to ascertain the nature of tlie transactiitn, whether he calls it a discount by way of interest, or a purchase of those certificates absolutely, and I thought possibly in that form we might reach the result (juite as well as in any other. The Chairman. That is a proper question to ask. lie can state whether he purchased those certificates, or simply loaned money on them. Tlic \\'iTNESS. I will say, first, that in all these cases the pay- ments referred to were made to me iu my official capacity as cashier of the bank. In no instance in any other capacity, that I know of. 1 will further say that in no instance that I can recollect were the certificates purchased. Advances were made to the contract- ors at our usual bank rate of interest, 8 per cent.; aiul they were charged at that rate of interest for the time they had the use of the n)Ouey, \Vhen the money was collected, it was put to the credit of the ]iarties, (iharging them at the rate of S jM'r cent, a year for the time they had the use of the money. That is the simple truth, and the whole truth, iu reference to it. By Mr. Christy : Q. To \\hat extent did you advance in Marcli, 187.3, to contractors, their certificates being' held as collateral security ? — A. 1 am unable to say. It was. to a very considerable amount. Q. Was it as much as half a million of dollars! — A. 'No, sir. I do not think it was half of that. It was probably something over -1100,000. Q. Do you think it was not over -$250,000 ? — A. I do not think it was half that. Q. Are you distiiu't in you recollection? — A. That is my impression. By the Chairman : ' Q. You were in the habit of loaning money upon these District se- cnrities at your bank ? — A. Yes, sir ; we were. Q. Was your bank also in the habit of purchasing these certifi- cates ? — A. It was not. Q. You never did purchase any? — A. 1 never did, excepting in a very few instances to save a debt. Q. It was no part of your regular business to be purchasing these vouchers ? — A. No, sir. Q. You loaned money on then), and collected the money and gave the party credit? — A. Yes, sir. Q. That was your usual manner of transacting business ? — A. That was our practice. Q. Did you, as an individual, deal in these securities! — A. I did not. By ]\rr. Mattingly^ : Q. This Portland and Artifical Stoiu'. Com])any that you were asked about, what auu>unt of profits were realized from that concern :' — A. I am ashamed to say; I think we lost. By "Sir. MvAiRiCK : Q. You were one of the commissioners of the sinking-fund, were you! — A. Yes, sir. Q. When was the last provision for the i)ayment of the interest on the bonded debt of the Distri(;t of Columbia made ? — A. I cannot recol- lect the date. I think in the latter jtart of December. Q. The latter part of Decembei", 187-> ? — A. 1 thiidc so. Q. Piovision for the Jaiuiary interest ? — A. Yes, sir. 1390 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Be good onougli to tell iu what way you provided for that inter- est. — A. It was provided for iu part by loaus u])ou the District bonds as collateral security, ami partly froiu taxes, current receipts. Q. What sort of bonds were hy])othecated ? — A. Thirty-year bonds, issued under the act of the legislative assembly of June, 1872 — sinking- fund bonds. By Mr. Haerington : Q. Six per cent.? — A. Yes, sir. By Mr. Merrick : Q. Was there any other security hypothecated except those bonds? — A. No, sir; not that I am aware of. Q. Were there any sewer-certificates or improvement-certificates hy- pothecated ? — A. Not that I am aware of. We had none of those. The sinking-fund had none of those at all. Q. Have you now any sewer-certificates ! — A. No, sir; we have not. Q. Or improvement-certificates ? — A. No, sir. Q. Have none been issued and turned over to you under the provisions of the act of the legislative assembly ? — A. The law does not require them to be turned over to the commissioners of the sinking-fund. Q. How as to the certificates of assessment'? — A. The certificates of assessment, as I understand — iu consequence of the books being in use constantly, the assessments have not been made; they have been sus- pended. Q. You say, as far as you are advised, there have been no assessments made under either of these acts ? — A. Not recently; 1 think not, sir. Q. Either the act of May or June? — A. I think not recently, sir; none that I am aware of. Those assessments are not made by the com- missioners of the sinking-fund. Q. I know they are not made by the commissioners of the sinking- frnd; but the act of the legislative assembly requires those certificates of assessment under both acts to be transferred to the commissioners of the sinking-fund whenever issued ? — A. They have not been reported. Q. None have been reported to you under either act ? — A. No, sir. Q. Have there ever been any payments of assessments collected under either act made over and returned to you? — A. There have been. Q. Can you tell us how many — what amount ? — A. My impression is that nearly one-fourth of the 8 per cent, certificates, both sewerage and general assessment certificates, have been taken up and canceled. Q. Have been taken up and canceled ? — A. Yes, sir, received for special assessments, street improvements, and sewer-taxes. Q. They were turned over to you after they were canceled ? — A. They were turned over to us after being canceled. Q. Yes, but the question I asked you was, have any payments on ac- count of sewerage assessments or special improvemeut assessments been made and accounted to the commissioners of the sinking-fund since May ? — A. There have been. These canceled certificates are payments. They are received in payment of these taxes, and canceled and turned over to us. Q. But there have been no payments of money to you ? — A. The pay- ments of mone^^ have been small ; but there have been payments of money. Q. On account of both ? — A. Yes, sir ; on account of both. Q. What have you done with those payments of money that have been made to you? — A. They have been applied to pay the interest on the coupons. TESTIMONY OF MOSES KELLY, 1391 (). Tlie coupons on the {'ortiticates ?— A. Yes, sir; the outstaiulinj;' <;ertiti('ates ; those wliieh have not been taken up and canceled. Q. Exclusively dedicated to that purpose 1 — A. Yes, sir. P.y Mr. Christy : (). When you arranged with the contractors to make these advances upon eertilicates, 1 will ask you if you did not have an express agree- ment with .Mr. Magruder that these several discounts were to hv re- funded to you as soon as the board of ])ublic works obtained any nn)ney ; IVom the first moneys obtained'^ — A. Xo, sir; we took our chances with other ])eople. We had no special agreements. Q. You had no arrangement at all with Mr. Magruder in regard to it .' — A. Xo, sir. Q. None whatever ? — A. None. Q. And these discounts were made in the ordinary course of business, no preference being given ? — A. The advances were made to our own customers — those who were doing business with our bank. That was the only preference. By 3Ir. Mekrick : Q. Can you make a memorandum of the amount of these certiticates which have been canceled by the sinking-fund commissioners f — A. I can do so. JMr. Stanton. Mr. Chairman, we have here a bid made by Messrs. Sperry, Kitchie & Co., referred to by the prior witness. The date is Tebriiary IS, 1872. The Witness. That is the bid, sir. It was received on the same day it was made. By Mr. Christy : Q. Were you in the city of Washington when this was submitted ? — A. Yes, sir. Q. Were there any competing bidders ? — A. Yes, sir ; there were other parties here the same day. Mr. Christy. If it meets the wishes of the committee I would like to have this go in evidence. The bid reads as follows : To the honorable Board of Public Workii of Waah'uujlon, D. C. : We will furnish the following- sizes and kinds of vitrified-stone sewer-pipe, delivered at the city of Washington, at t\ui annexed prices. The city to i)ay freight and deduct the same frnui amount of bill. SPERKY, lUTCHIE & CO., TaUmadge, Ohio. Refer to W. H. Upson, M. C. Str.'iijrlit pipe (i inches Straijiht \»\>o 8 inches. Straijilit pipe !) inches. Straifiiit pi]"'. Vi inches. Straight pipe 15 inches. Straii;ht ])inc, 18 inches Straijrht i)ipe 20 inches. Connections fi x 12 inches. Connect ions 8 x 12 inches. Connections 9x12 inches. Oinnertioiis 12 x 12 inches. Connections G x 15 inches. Conneiti>)tis 8 x 15 inches. Twelve-incli horizoutral trap Price per foot. $0 17 32 40 56 90 1 19 1 50 90 95 95 1 00 1 30 1 4fi 5 00 Connections 12 x 15 inches Connections 15 x 15 inches . Connections 6x18 inches. Connections 8x 18 inclies Connections 9x18 inclies Connections 12 x 18 inches. Connections 15 x 18 inches. Connections 18 x 18 inches. Connections x 20 inches Connections 9 x 20 inches. Connections 12 x 20 inches Connections 15 x 20 inches. Connections 18 x 20 inches . Price per foot. ?l 50 1 62 1 85 2 00 2 00 2 10 2 20 2 30 2 40 2 40 2 45 2 50 2 UO Can furnish at this list from fifty to cue hundred thousand tlollars' worth. Rec'd J5. of P. \V., Fel.'y I, 1H72. 1392 AFFAIRS IN THE DISTRICT OF COLUMBIA John L. Kidwell sworu and examined. By Mr. Mattingly : Q. It is alleged tliat, in August, 1871, you entered into a conspiracy with Moses Kelly, Lewis Clepbane, John O. Evans, and others, tor the purpose of obtaiiiing contracts from the board of ])ublic works. State whether that is so or not. — A. I entered into no conspiracy at that date, or any other date, in reference to any contracts with the board of pub- lic works. Q. Had you any knowledge of any such conspiracy being in exist- ence ? — A. 1 had not. Q. Were you interested with these gentlemen in any contracts with the board? — A. Which gentlemen do you mean? Q. Moses Kelly, John O. Evans, and Lewis Cleiihane. — A. Neither of them. L had no interest in any contract. By Mr. IIubbell : ■ Q. The names are John O. Evans, Hallet Kilbourn, William S. Huntington, Moses Kelly, Lewis Clephane, Samuel P. Brown, Henry D. Cooke, and Lewis S. Filbert.— A. 1 had not, sir. By Mr. Christy: Q. State what interest you took in securing what was known as the Mace patent for concrete paveaients in this District, or the Scharf patent i)avement. State whatconnection you had with any negotiation between John O. Evans and Mr. Mace, of Montgomery County, Mary- land, in regard to his interest in the Scharf patent concrete pavement. Give us the history of that. — A. At my instance, Mr. Mace, of Mont- gomery County, Maryland, iiurchased a, two-thirds interest in what he termed the original Scharf pavement, from particKS who held it in Balti- more. And, after making the purchase, he called upon me, and said : "Now, you liave some acquaintances in Washington, and you have ad- vised me to make this purchase; I would be glad if you could grant me an interview with the part es who propose to lay these concrete pave- ments, by which I can induce them to use it on a royalty." Well, I told him that I was very anxioiis to see that pavement. It was the same pavement that was laid in front of the Arlington. I told him I was very anxious to see that pavement laid, if it could be laid, and if it could be laid I was satisfied it would give satisfaction to every one. I arranged an interview between Mr. Evans and Mr. Kilbourn and Mr. Mace. That interview was at my store. Mr. Evans or Mr. Kilbourn, one or the other, produced a contract, and it was signed by Mr. INIace in my l^resence. I was calletl out into my store. It was at my drug-store. By the Chairman : Q. Did you have any pecuniary interest in this ? — A. None at all. Mr-. Christy. Still 1 want to show his knowledge of this matter,. whi(;h I deem of importance, and for this reason : that Mr. Mace by this arrangement was not one of the competing bidders at the lettings of September 1, 1871. 'i he Witness. I simply acted as a friend of Mr. ]\Iace in the matter, in introducing him to these gentlemen, with a view of having him after, under my advice, buying it, make some money out of it in the way of royalties. By Mr. Hubbell: (}. At whose request did yuu act '! — A. At the request of Mr. Mace.. TESTIMONY OF JOHN I.. KIDAVELL. l.')93 J>y ]Mr. Christy : Q. You say that negotiations proceeded UTitil ^Mr. Maee sij;ned a con- tract !— A. Yes, sir; at that time I was called out of my store. When I returned I presumed that both had signed the contract, and I was asked to witness it. I witnessed Mv. MaceAs signature. I think Mr, Mace, or perhaps Mr. Kilbourn, asked me to keep the pai)er. Q. ^Vllo were present at that negotiation I — A. Mr. Mace, Mr. Kil- bourn, 'Sly. ICvans, and myself. Q. John O. Evans?— A. Yes, sir. Q. Ilallet Kilbourn ?— A. Y'es, sir. Q. Yon were asked to witness it '! — A. I was asked to witness it. Q. Did you witness it ? — A. I did. Q. And were under the impression that both parties had executed it? — A. I thought so at the time. My attention was not especially drawn to the wording of the contract. I was called in and out of my store, and presumed it was satisfactory to both gentlemen. I was asked to witness it, and at their request put it away in my desk. Q. At whose request "? The Chairman. That is immaterial. Mr. Christy. This is the most innocent of transactions. Mr. Mace, largely interested in the best pavement, according to the testimony of this witness and others, laid in the city of Washington, was induced by John O. Evans and Hallet Kilbourn to execute a contract ; and the par- ties ask tbis witness to sign it and witness it, which he did, he being, of course, the custodian of that contract. jS^ow I wish to sliow, by this witness, that in this way they did carry into effect this system of de- stroying competition, keeping Mr. Mace out of the list of competing bid(lers. The Chairman Why do you not ask him that question ? By Mr. Christy : Q. At whose request did you take charge of that contract ? — A. Well, I am uncertain whether it was at the request of both of them, or whether it was at the request of Mr. Mace. 1 cannot recollect. Q. By whom were you requested to witness it? The Chairman. That is certainly immaterial. Mr, Christy. I will show by this witness, or expect to show, that these parties in fact failed to sign it, excepting Mr. Mace, who was un- der the impression that it was fully executed. The Chairman (to Mr. Christy.) Ask him that question. By Mr. Christy : Q. How long did you keep that contract in your possession before you again inspected iff — A. I was called by some afHiction in my family a day or two afterward to California. On my return, in sixty days, Mr. Maco, learning that I was home, called at my store. He said to me that he wanted to see the contract, and said to me, " Doctor, could you have been a party with those gentlemen to have taken away from me the benefits of that pavenuMit ?" I said to him, "No." I was sur[nised at his language, and asked him why. He said he had an idea tiiat tlie contract was not signed by those other gentlemen. 1 said that could not be i)ossible, and I opened my desk and got out the (contract, and I found it was not signed by those gentlenieii. 1 told him before he liad nuide bis statement that 1 would have sworn that it had been signed. 88 D c t 1394 AFFAIRS IN THE DISTRICT OF COLUMBIA. By the Chairman : Q. When was tbis ; this first arrangement with Mr. Mace ? — A. I do not recollect the date. It was in August, 1871, 1 think. Q. August, 1871 ? — A. I think so. I judge it was about that time. Q. You went to California and were absent sixty days ! — A. Yes, sir. Q. Did Mr. Kilbourn and Mr. Evans sign that contract after your return ? When you found their names not attached to it, what was done with the contract then 1 — A. I called upon Mr. Kilbourn. He said if I would note the contract that it was not such a contract that it was necessary for him to sign, and he said that he did not intend to sign it. Q. Why did he say it was not necessary for him to sign it? — A. Well, I did not hold any further discussion with him. Q. He did not give any further reason ? — A. No, sir; I did not hold any further discussion with him about it. Q. What was tho. nature of that contract ? — A. If I recollect the wording of it, it obliged them to i)ay so much royalty for whatever of that pavement they put down. By Mr. Stanton : Q. It was in the nature of a license from Mr. Mace, was it ? — A. I think it was. Q. It was a license from Mr. Mace to use the patent at a certain rate of royalty ? — A. I think so. Mr. Harrington. Mr. Evans testified that he was to pay 15 cents on the square yard. By Mr. Christy : Q. This was anterior to the opening of the bids by the board of public works? — A. I think it was, sir. Q. Do you not remember that it Avas finally consummated to this ex- tent on the 30th of August, 1871? — A. I do not recollect, sir. The Chairman. He says it was in August, but he cannot recollect the date. The Witness. I cannot fix the dates. I went away in August, and I was away until October. By the Chairman : Q. Where is that contract ? — A. I do not know. Q. Did Mr. Mace take it away with him? — A. There was some suit in court about this, and I was summoned before a commissioner, and noti- fied to bring the contract with me, in giving such evidence as I give you here to-day. The contract was made a part of the evidence, and was filed with the commissioner. By Mr. Christy : Q. Do you remember whether this occurred after Hallet Kilbourn re- turned from New York in August? — A. I do not know. As I told you, I went to California. I do not know when Mr. Kilbourn was in New York. Q. What connection had you with the Maryland Freestone Mining and Manufacturing Company at that time ? — A. I think I was iiresident of it at that time. Q. How long did you continue president ? — A. I think I was presi- dent three years. Q. Did you not furnish a very large amount of material, &c., to the board of public works ? — A. 1 think a thousand or eleven hundred dollars' worth. TESTIMONY OF HENRY D. COOKE. 1395 Q. Of uiatorial ? — A. Yes, sir. Q. Did you not furnish a large aniouut to contractors under the board of public works ? — A. I think we did — some thirty or forty thousand dollars' worth. Q. Did you not furnish Collins and Jones alone forty thousand dol- lars' worth t — A. Yes, sir ; and I think they were the only ones. I do not recollect of any body else. I will say to the gentlemen that, al- though president of the company, I was not the manager or the superin- tendent of it. By the Chairman : Q. Who was the manager of it?— A. Mr, Hayden was the sni)eriu- teudent of it. He made all the sales ; and I am not particularly charged with the amount of sales, nor to whom they were sold. Q. Js he still living here'? — A. Yes, sir; I was not charged particu- larly with those things. I was simply the president, and not expected to do that. Mr. Christy. What was the extent of the interest of Governor Cooke at that time? I mean in August, 1871. The Witness. In what do you mean ? By Mr. Christy. In the Maryland Freestone jMining and Manufac- turing Company? — A. Well, I do not know. I think, maybe, that he held one-eighth or one-tenth of the stock. I am not distinct or positive about that. 1 did not keep the books ; and very frequently there were transfers of stock made without my knowledge. By Mr. Mattingly" : Q. Do you know of any effort on your part, or the part of Governor Cooke, through the board of public works, to compel contractors to use Seneca stone ? — A. Xo. I wish there was something that would have prevented them from using it, because I am satisfied that we lost $15,000, any way, by the sale of it. I am sorry there was not some power to prevent it. By Mr. Stewart : Q. This is what you call Seneca stone? — A. Yes, sir. Q. How much did you say was used ? — A. Mj^ idea is that thirty or forty thousand dollars' worth was sold to Jones «S: (Jollins, and I am sure that we lost any way ten or fifteen thousand dollars on this sale. We had to take such securities as these contractors got, and we had to sell them, so that our losses were very heavy on them. Q. Then you have never i)rottted very largely from the board of pub- lic works! — A, I am not certain that we realized a cent. I think it is on the other side. Henry D. Cooke recalled. By the Chairman: Q. I am requested by the counsel for the board of public works to ask you to state your knowledge of an arrangenient or consi>iracy entered into about the 25th of August, between yourself and otiiers, for the purpose of controlling contracts in the District of Columbia. I believe you were then governor of the District, were you not? — A, Yes, sir. Q, Did you have any conversation with any of these gentlemen named in reference to the method of letting contracts by the board of i)ublic works at that time ? — A. No, sir, I wish to state explicitly that 1 have no 1396 AFFAIRS IN THE DISTRICT OF COLUMBIA. knowledge whatever, and never had any knowledge, of any conspiracy of the kiud referred to, or of any effort or iuteution to form a ring to get contracts; that no one ever spoke to me on that subject; that I had been in entire ignorance of any such purpose or intent. Q. Did you meet Mr. Kilbourn in jSTew York about that time, or see him in ISTew York or Philadelphia ?— A. I do not think I did. It is barely possible that I might have done so ; but, if so, it was a mere accident. I was very frequently both in New York and Philadelphia. Q. In a letter written by Mr. Kilbourn to Mr. Huntington be says : " H. D. C. tells me to draw on him for 125,000 cash, for real estate pool?" — A. Yes, sir. Q. Do you remember when that was, and where you told him this ? — A. It was in Washington. Q. Not in Philadelphia or New York ? — A. No, sir. Q. Had you any knowledge about that time of Mr. Kilbourn and others endeavoring to secure patents for paving! — A. No, sir. Q. You did not know that he was going to New York or Philadelphia for that purpose ? — A. No, sir. Q. He had not mentioned to you in any way any matter connected with it ? — A. No, sir ; I did not know anything about those matters. Q. State whj" it was that the board of public works did not award -contracts under the bids that were made and opened on the 1st day of September, 1871. — A. That reason is fully stated in the report of the board of public works. Q. State it again, if you please; you were then a member of the board '? — A. Yes, sir ; I was a member of the board. Q. What was the general idea that operated on the mind of the board at that time? — A. The general idea was, in advertising for bids, to fix a fair scale of prices on a fair average of prices for the work, and then that average was considerably lower. If I recollect right the bids were ,^enerally higher, or at- least nearly as high as those which had been paid by the old corporation. The idea of the board was to get this work done more cheaply by paying cash ; the plan being to negotiate the bonds and to be able to pay contractors in cash, and therefore to get work done at a less rate. We thought we ought to get it from 15 to 25 per cent, less than the old rate, and a scale of prices was fixed at about that figure ; I think about 25 per cent, less than the former rates. That is my recollection of it. It is stated more clearly, however, in the written report of the board of public works. Q. Then it was not the intention of the board at the time to award ^contracts under those bids ? — A. No, sir. Q. But only to ascertain a scale of prices which would enable you to Jet contracts privately? — A. That was my understanding of it. Q. Did you have any interest in any of these contracts ? — A. No, sir ; not a dollar. Q. At no time ? — A. No, sir. By Mr. Stewart : Q. Do you know Mr. Chittenden, who was on the stand before this committee? — A. Very slightly; merely casually, as I know hundreds of other gentlemen. Q. It was stated here, by Mr, Nickerson, I believe, that Mr. Chitten- den appeared to rely on you. Did you have any intercourse with him during that period ? — A. I never spoke to Mr. Chittenden, nor he to me, on the su^"'><3t of contracts, to the best of my recollection and belief. TESTIMONY OP HENRY I). COOKE. 1397 Q. You never Inul ;iity conversation witli liiiii on the subject ? — A. Xo sir. Q. ])i(l you ever have any conversation with a man by the name of Kirthind; do you know Kiithmd ? — A. Xo, sir; 1 do not think I know him; I certainly do not know him by his name; I have no recollection of ever havinfj" met him. Q. You say Mr. Chittenden never spoke to you on the subject of con- tracts at all .' — A. No, sir; that is, I do not recollect of his ever having sjmken to nu*. If he did it made so slight an impression on my mind tliat it )ms passed away. T>y the Chairman : Q. Do you know the Rev. William Colvin Brown ? — A. JNIy acquaint- ance with him is about as casual as it was with Mr. Chittenden. Mr. Brown came to the office of Jay Cooke & Co. with a small check which ho wishepened in there for a moment. Afterward he told me that Mr. Chittra(;tice in sucli matters will ill the end work to the serious disadvantage of the Government. The authority to invite proposals imjilies an authority to ))rescribe rciasonable terms and conditions. To announce under this authority that no bid will be considered which does not coniply with certain directions, and afterward to consider and accei)t a bid not com- plying with such directions, is unjust to the complying liid, or possil)ly >'lJn,. ^Vhat was the interval between the ai)aii(Ionrnent .' — A. 1 gave the reitort to the committee. That states tlie whole tiling. It is a printed ollicial repoit. 1404 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You say that this advertisement, which has been offered iu evi- dence in regard to the first proposal for bids, was let solely for the pur- pose of fixing the scale of prices under which the work should be done for the board 1 — A. That was my understanding at the time. Q. When did you first have that understanding — before or after the bids were in fact received 1 — A. Before. Q. . Was it before you put the advertisement in the newspapers ? — A. That was talked about. That was discussed, I think, in the board before or about the time. Q. If that be true, why was it the advertisement was made in the form it was there ? — A. I should like to see the advertisement before I answer that question. Q. I call your attention to the fact, first, that the language is the same as is employed by the Government in regard to proposals ; next that you required the bidders to deposit the sum of $1,000 for the faithful performance of the contracts, when let. In what part of that advertisement do you advise the public that it was simply for the pur])ose of enabling you to fix a scale of prices"? — A. In the second clause, which is as follows: "Bids for anj- and all descriptions of pave- ments will be received. The board reserves the right to select or reject any and all the pavements which may be offered." Q. Now, it is on that alone you based that? — A. Yes, sir. I think that was a fair notice given to the public, that we reserved to ourselves the right to reject any and all. Q. That applies simply to pavements. There was a vast deal of other kinds of work that was let. The question I ask you is this: When it was that jou determined to abandon the original design of letting to the lowest bidder, and of establishing a scale of prices, and award con- tracts at your own volition? — A. I don't know that I can say definitely. I think it was done at the time, or about the time, that the advertise- ment was published ; certainly before the buls were opened. I am quite positive on that point. Q. Do you think it was fair treatment to the public and to those making bids to require them to deposit $1,000 for the sole purpose of advising you gentlemen of what work could be done for ? — A. That mat- ter was all contained in our report of 1872, I think. Q. I am not asking about the report. What is your own knowledge of this matter ? — A. I do not know — with all deference to counsel — that my opinion in those matters is of any value. Mr. Christy. We deem it of very great importance, for the reason that we think that departure from your origiiuxl plan is what occasioned certain embarrassments of which you comi)]ain. I will read this, and then ask you to explain: "Each bidder will be required, before present- ing his bid, to deposit with the collector of Washington City, to the credit of the board of i^ublic works, the sum of $1,000, taking receipts therefor, as a guarantee that he will enter into and carry out the con- tract if awarded to him, in accordance with his bid." Did you at any time advise the public that this was simply to establish a scale of prices for the convenience and guidance of the board ? — A. The object of that was to prevent what are called " straw-bids" — bids put in by irresponsi- ble parties. Q. Was not the object in requiring the $1,000 to prevent straw-bids? — A. I say, in order that these bids might be bona fide. Q. What did you care whether they were straw-bids or not, if your sole purpose was simply to ascertain what the work could be done for and the materials furnished at ? — A. For the obvious reason that, if TESTIMONY OF HENRY D. COOKE. 1405 })(Msoiis did not intend to fnUiH thoir contracts, it wonld be a niattor of M'l-y little inii)ortance to tlieni what rate they bid. (). Did vou know Mr. iStatibrd — on this snbjeet of jtreventing- straw- bids — who bid npon that occasion ? — A. I do not recollect. Q. Don't vou remember he complied fully with all the conditions of your advertisement ? — A. That may have been, but in the multitude of business I have forgotten the names. Q. Now, in view of the fact that you bad taken precaution to i)revcnt straw-bidding, or biddings of irresimnsible persons, why was it that on the first of tSei)tember you refused to accept the three several bids of John G. Stafford to lay a carriage-way of Smith's concrete pavemiMit at prices largely below the subsequent prices established by you ! — A. The board considered that the scale of prices adopted were the most advan- tageous, on the whole, for the District. Q. John G. Stafford bid to lay a^ concrete pavement at$2.25 a yard, and gave sutlicient security, which was the amount established by you, ^$1,000,) that he would comi)lv with the conditions of his contract. Why is it you ignored that bid? ]\lr. Mattincily. What concrete pavement? iNIr. Christy. The Smith concrete pavement. The Witness. It may have been a concrete pavement which was not ac«;eptable to the board. It may have been an inferior style of pavement. Probably there was some reason of that kind. Of course, at this dis- tance of time, and in the multitude of bids and applications, 1 cannot answer iwsitivelj^ a question of that kind. Q. Do you know Mr. Stafford ?— A. I think not. Q. Dul you examine the sureties on the bonds he gave? — A. They were all examined by the board — some of the officers of the board. Q. Will you please explain whether you were advised of the fact that • after work was performed the compensation w^as increased; and, if so advised, why that increased compensation was allowed? — A. In the wooden pavements the compensation was increased because the board adopted the process of " treating" the wood, as it is called. Q. It is not the change in the price before the work was done, but after the work was done, that I am inquiring about. I now direct your mind to the contract of C. E. Evans — a contract signed by yourself, where, after the improvement was complete, you increased his compensation from $U.95 a scpiare yard to $3.L*0 "i? Mr. Mattingly. That is all in the record. Mr. Stanton. That is admitted. Mr. Christy. I want the purpose of it. The fact was admitted after attention was called to it. Mr. Stanton. Contemporaneous documents, prepared at the time, are all there. Mr. Wilson. That would not preclude inquiry into the motives of the pirties, I presume. Mr. MATTiNdLY. If there is any special motive that is sought to be proved, wc have no objection to the governor stating it. Mr. Stanton. If the counsel have any expectation of showing that j there was any different |)urp()se whatever, of course, we have no objec- tion. If thev will state that they iiave any such expectation, why we will waive, all objei^tion. Mr. Christy. Here is a witness who is quite intelligent, and who aided in having this done, and I want to know the reasons o})erating upon his miml. Q. Were you not aware there was a law i)rohibiting extra compeusa- 1406 AFFAIRS IN THE DISTEICT OF COLUMBIA. tion to contractors, and controlling you as governor of the District and as an officer of the board of public works ? — A. That is all a matter of record, and the explanation is given in the record. If I could get access to it, I could answer your question. Q. I am not speaking of the record, but I am asking now whether you knew the fact that that act was in direct contravention of the laws you had sworn to support. — A. No, sir; I do not think it was. I think there were reasons for this change which were satisfactory, and that it would not have been made if it had been in violation of the act. Q. Can you recall the reasons that operated upon your mind to induce you to do this act ? — A. No, sir ; not at this time. Q. Will you explain to the committee under what authority of law you executed contracts after your term of office expired ? — A. Those contracts had been passed upon by the board of public works and agreed to, and it was a mere clerical matter. A majority of the mem- bers of the board had signed them already. Q. How many contracts did you sign after your term of office ex- pired ? — A. I cannot state. Q. Where did you sign them ? — A. Occasionally a contract would be brought to me. Q. Who brought you those contracts? — A. I do not remember. They were brought by some — some, I think, I signed in the office of the board of public works. Q. Did you sign any contracts at any other place than the office of the board of public works ? — A. I think 1 signed one or two at my own office when they were brought to me. Q. Can you recall who brought you those contracts ? — A. No, sir. Q. Now, the only places at which you executed contracts, then, were at your own office or else at the office of the board of public works? The Witness. I do not understand the question. [The question was repeated.] A. Yes, sir; or at the governor's office. Q. Why was it that the contracts bore date at a period long anterior to the time at which you in fact attached your signature to the contracts ? What was the purpose of that"? — A. There was no purpose except the possible neglect of the clerk to bring them to me for signature. They •were exceptional cases. Probably I was absent from the town at the time that the other members signed them. Q. Did you allow, as governor, work to be done without contracts being executed therefor ? — A. As has been already stated, when an award was made for work, and accepted by the contractor, it was con- sidered as equivalent to a contract in many cases. Q. You have spoken of Mr. Huntington. Y'our relations with him were very intimate, and you were very familiar, were you not I — A. Yes, sir. Q. Will you advise this committee whether you were aware of the fact that Mr. Huntington had an interest, or claimed to have an inter- est, in the original contracts that were let, with Mr. Kilbourn, Mr. Latta, and Mr. John O. Evans f — A. What do you mean by " original con- tracts 1 " Q. The first contracts that were let. — A Under the old government ? Q. No ; under the new government, — A. No, sir. Mr. Mattingly. Latta had no interest. Q. I will say Mr. Kilbourn, Mr. Clephane, and John O. Evans? — A. No, sir; I know nothing about Mr. Huntington's relations in that con- nection. TESTIMONY OF HENRY I). COOKE. 1407 Q. ITe never spoke to you on the subject ? — A. No, sir. Q. Did 3'ou at any time see a bank-book or pass-book kept by Mr. lluntinfitoii in which were recorded the transactions he had with the several parties wliose names I have mentioned '! — A. I do not remember to have ever seen it. Q. Never kuew of his havinji' any interest whatever with these several parties ? — A. Never, except in a very general way. 1 never knew any- thing of it until just before his death. Q. What did you learn at that time ? — A. I learned at that time that he had been connected with these parties inthe laying of the pavement on Pennsylvania avenue under the old government. Q. From whom did you learn that ? — A. I cannot state precisely from ■whom I learned it now; probably from ^Irs. Huntington. Q. At no time during his life did you hear him speak of any interest that he had with these several parties? — A. No, sir; except as I ex- plained in my testimony this morning. Q. Did he not say to you that he had a large fee or conij)ensation de- pending on that award 1 — A. No, sir. Q. Didn't he importune you to let a contract? — A. No, sir; he did not importune me, because I gave him to understand that it would be unpleasant to me to be importuned. Q. There hns been some testimony in reference to the use that was made of moneys received from the Government of the United States and disbursed by James A. Magruder in March, 1873. Will you please state what proportion of that money the First National Bank received, or Jay Cooke & Co. ? — A. The First National Bank, at that time, was largely in advance to the board of public w^orks, with the understaud- ing that when they become in i)ossession of this money they should be reimbursed. Q. What was the extent of that advancement! — A. I cannot speak positively, but I think it was Q. Of course we only want your best recollection. — A. It was proba- bly a conple of hundred thousand dollars. Q. Was that advance made directly to the board of public works or to contractors under the board of public works ? — A. It was an over- draft of the board of i)ublic works. I cannot be positive. It was at that particular period; but I know, at times, that overdraft did reach $200,000. Q. Now, at that time had you made any advancements to contractors under the board of public works on certiticdtes ? — A. The bank loaned to its regular customers, many of whom had been customers of years' standing, some of them long before the government was instituted, on their own notes; sometimes with these certificates as collateral, and sometimes with orders of the board as collateral, at our regular rates of discount. Sometimes this was done at the instance of the board, in order to facilitate them in their work. Both the First National Bank and the National Metroi)olitan BaJik were always ready to respond to the extent of their abilities in carrying on this work, in accommodating the board, and in accommodating contractors where they were worthy of credit and accommodation. Q. Then, in addition to that, you had advanced largely to contractors on certiticates '! — A. Not very largely. Q. To what extent l — A. I think we had at no time over forty or fifty thousand dollars. That is as much as we ever had at any one time. Q. Yon know tlie apj)ropriation to which I refer. Will you state if you did not insist that Mr. Magruder should pay to you the entire in- 1408 AFFAIRS IN THE DISTRICT OF COLUMBIA. debtedness of every description from the l)oard of public works, and from contractors, out of this money ? — A. 1 insisted that the board should do as it had agreed to do, when we advanced the money with the understanding that we should be reimbursed on the receipt of their first money from the Government. Q. Theii you did insist this should be done! — A. No, sir ; it was not necessary to insist upon it. Colonel Magruder did it voluntarily and cheerfully, he recognizing his obligation. Q. Will you exidain why that money was appropriated to the payment of claims of the First National Bank and the Metropolitan Bauk, to the exclusion of tlie Freedman's Savings-Bank? — A. I do not understand that that was done at all. Q. Are you not aware of the fact that at the same time — at the time of which we are speaking — the Freedman's Bank had advanced very largely to contractors f — A. To contractors, but not to the board. Q. I am not si)eaking of the board. By Mr. Hubbell : Q. Let us understand. Did you insist that the amount advanced to contractors should be paid out of this money also ? — A. No, sir. Q. There is a nnsunderstanding. You only insisted that the amount advanced to the board should be returned ? — A. I did not insist upon anything. Q. Was that the understanding? — A. That was the understanding. The amount thus advanced was in anticipation of this appropriation, and when the appropriation was made it was returned to us, according to the understanding. Q. That was the money you advanced to the board, not to [the con- tractors ? — A. To the board, not to^ the contractors, except, possibly, in some special cases. Mr. Christy. However, he did testify that upon certificates furnished by contractors they had advanced considerable sums of money. Mr. Mattingly. Certainly; discounted their paper. The Witness. We did not advance the money on their certificates. I want to draw the distinction. We loaned to our customers, and took the certificates as security. This was done with our regular customers, and in the regular course of business. Q. But they were paid out of this money? — A. I do not know whether they were or not. I know there is a balance due the bank on account of these advances and loans. Q. But these are recent transactions, are they not — long since March, 1873 ?— No, not long since. Q. Were you not aware of the fact that there was a controversy in regard to this matter between the Freedman's Bank and other contrac- tors ; that there were payments made to the exclusion of contractors who were not favored ! — A. No, sir ; I heard nothing of it. 1 only know that, where the board owed more money than it had money to pay with, there would naturally be a contest as to who should be paid first, and the resulting complaints. That is all. Q. Don't you know, ia point of fact, that there was this controversy ; and don't you know, in point of fact, that the Metropolitan Bank re- ceived all that was due to it, and the First National Bank got all that was due to it, to the exclusion of other contractors and the Freedman's Bank? — A. No, sir; 1 don't. 1 had a great many other matters to at- tend to in connection with the^ Government beside the mere detail TESTIMONY OF HENRY D. COOKE. 1409 ot the (lisburseraeuts of luouey. That was a matter for the treasuier and the board to determine. Q. But you do say that there are certificates still in the possession of the First M^ational Bank that have not been paid ? — A. I am not sure whether there are certificates or not — whether they are secured by certiti- eates or not. By Mr. Wilson : Q. You were governor of the District at the time the $1,240,000 ap- propriation was made, I believe ? — A. Yes, sir. Q. Did you assist in any way in making up the account upon which that apprttpriation was made by Congress? — A. No, sir; except to re- ceive it. It was done by the proper ofl[it;ers of the Government. Q. Did you procure, in any wa}', that account to be made up ? Were you instrumental in having that account made out against the United States ? — A. As a member of the board of public works, I was. Q. Do you know who did the active duties in getting up that ac- count ? — A. That wa.s done by the accounting officers of the board and the engineers. Q. Did you examine that account after it was made up? — A. I did. Q. Were you aware of the fact that there was work charged for in that account that had never been performed ? — A. I was not. Q. That the details of this thing you gave no attention to ? — A. I had to rely upon the engineers — their measurements. Q. Do you know how it happened that before that appropriation was made, the Superintendent of Public Buildings and Grounds had what purported to be measures of the work made? — A. Yes, sir; 1 know that fact. Q. How did that come to pass ; liow did he happen to do that before the aj)proi)riatiou ? — A. I thought you said after the ai)propriation. Q. The appropriation was made on the Sth day of January, on the certificate of the Superintendent of Public Buildings and Grounds that he had made the proper measurements and approved the prices, «S:c., was two days after that. I presume he did not measure it within those two days— the $1,240,000 worth of work. Mr. Samo has stated that he commenced his measurements anterior to the passage of this appro- priation bill. Do you know how it came to j)ass that the Superintendent of Public Buildings and (jrounds proceeded to make these measurements for the board of public works before this appropriation bill had passed ? — A. I think it was his duty to have done so — to verify our claim against Congress, even if we received no appropriation. (}. That might be your opinion, but it might happen to be that he had no authority to do anything of the kind. I do not propose to dis- cuss that now. It is not proper that I should. I simply want to know, as a matter of fact, at whose instance the Superinteudeut of l*ublic Build- ings ;jiid Grounds made the measurements that were done for the board of public works prior to the passage of the appropriation bill. Governor Shepherd. I can explain that in ^ moment. I do not think Governor Cooke is conversant with it. Mr. Wilson. I would rather have Governor Cooke's explanation now, and hear yours afterward. A. Gov(';nor Shepherd can explain that, for this simple reason, that was more immediately in his province as executive oflicerof the board. Q. You say you do not know how that is ? — A. No, sir. SO D c T 1410 AFFAIRS IN THE DISTRICT OF COLUMBIA. G. A. Wilcox sworn. By the Chairman : Questiou. Do you kuow A. P. Kirtland ? — Answer. Yes, sir. Q. When did you last see hitu ? — A. Wednesday or Thursday of last week. Q. Where? — A. He was at my house. Q. How long was he at yonr house'? — A. I think some two or three hours. Q. Is that the only time you saw him !— A, That is the last time I saw him. Q. When did you first see him before that time? — A. About eight years ago. Q. Did you see him on Tuesday ? — A. Yes, sir. Q. Did yon see him on Monday ? — A. I don^t remember whether I saw him on Monday or not. I have seen him nearly every day. Q. When did he come to this city ? — A. He came here about the 16th of April. Q. He was here, then, at the time you were at Wormley's Hotel, and examined by Mr. Jewett and myself? — A. I don^t know ; I think own that he was ; but at the time I was there, I don't know whether he was in the city or not. Q. Do you know when he came to the city ? — A. He came to my house one morning — I think it was the 16th of April. I could not state posi- itively J it was about that time. Q. You exhibited to us on that day a letter written by him, and dated on the 16th of April ?— A. Yes, sir. Q. He was at your house the next morning after that letter was written ? — A, Yes, sir ; I think so. I cannot tell exactly about the dates. Q. That was last Friday, a week ago ? — A. No, sir ^ I think it was in the early part of the week. Q. The 16th was Thursday. You saw him on that day?— A. Well, I conld not give you the dates precisely. Q. It was the 16th of April, was it ? — A. I could not give you that, precisely. Q. Did yon receive that letter the day after it was written, do yoit know — the letter you exhibited to us I — A. I received it within a day or two after it was written. Q, Then you had seen Mr. Kirtland in Washington before you saw us at Wormley's Hotel a week ago last night ? — A. Yes, sir. Q. Did you see him on that day — Monday ? — A. Was it Monday ? Q. Yes, Monday night. — A. When I went home I found him at my house. Q. That night?— A. Yes, sir. (}. That was Monday night?— A. Yes, sir. Q. Did you see him the next day ? — A. Yes, sir ; I think so, Q. Had you seen him the day before, on Sunday? — A. No, sir. Q. Do you know where he is now ? — A, No, sir. Q. Why did you not say to Mr. Jewett and myself that night you had seen him in Washington only a few days before 1 — A. That question was not asked me. Q. I know it was not. Yon knew what we wanted of you that even- ing, I suppose? — A. Mr. Kirtland was here, and at the time 1 was with you I had good reason to believe that he was in New York, from the fact that I had not seen him for several days ; and when I saw him last he told me he thought he should return to New York. ^\ TESTIMONY OF G. A. WILCOX. 1411 Q. Yon knew tli.attlie objoct of onrinqniry tliat evening was to ascer- tain, if we conld, where Mr. Kirtland was, did yon not '! — A. I snpi)ose so. Q. Did we not ask yon if yon knew where he was, and to tell ns if yon knew ? — A. Ko ; I do not think yon asked me that qnestion. The snbject of that interview was in relation to his bein.i;- in Kew York. Q. Did he stay at your house afterward — over niglit ? — A. No, sir. Q. What hour of the day did he go to your house ? — A. He came there, I think, about 8 o'clock in the mornin*i'. Q. Did he breakfast at your house ? — A. Yes, sir. Q. Flow long- did he stay tiiere ? — A. lie was there all that day, I thiidc. lie might have been out during- the day. Q. He did not stay over night "? — A. No, sir. Q. At what time did he go away, during the day or evening? — A. I think between 8 and 9 o'clock ; I walked down the street with him. Q. In the evening ''. — A. Yes, sir. Q. Where was he staying when here ? — A. I did not know at tha-t time. • Q. Do you know now? — A. Yes, sir; I knew where he stopped after- ward. Q. Where did he stop? — A. He stopped at the W^ashington Hotel, or Washington House. I do not know what it is called now. Q. How many days was he here? — A. I think he was here eight or ten days. Q. When did he leave ? — A. I do not know. Q. Do you know that he has left? — A. No, sir. Q. What is your imi)ression ? — A. I think he has left. Q. When did he leave? — A. Th;it I could not tell yon. Q. Have you any impression as to the time ? — A. I think the last I saw of him was Wednesday or Thursday. Q. What did he say to you then about leaving? — A. He did not say anything about leaving. M}" expectation was that he would report himself to the committee for examination last Thursday. Q. Mr. Wilcox, why didn't you inform some gentleman connected with this investigation that IMr. Kirtland was here ? — A. After I was before your sub-committee, as I told you, I met Mr. Kirtland at my house. He told me then that he expected to be before the committee, but he desired to consult with some of his friends, or an attorney, he may have said — one or both — and that he then expected to come be- fore this committee. That was my understanding of the conversation between us. He did not desire me to say atiything about it ; he pre- ferred coming voluntarily to being summoned in any other way. Q. W^hat attorney was he to consult ? — A. He did not tell me what attorney he was going to consult. Q. What friend was he going to consult ? — A. He didn't tell me that. Q. He gave you the names of no persons whatever ? — A. No, sir. Q. Did any person visit him at your house during the time he was there ? — A. Yes, sir. Q. Who ? — A. Mr. Storrs, of Chicago. Q. Who else? A. No one that came expressly to see him that I know of. Q. Who did see him there? — A. All the members of my household, and other members there; Mr. Jerome and ]\[rs. Jerome, wlio have been with us for a yinir or so. Q. Did Mr. George R. Chittenden see him there? — A. No, sir; not to my knowledge. Q. Did he see him anywhere? — A. Not to my positive knowledge. 1412 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What do you tbiuk about it ?— A. I thiuk he did. Q. You tbink they had consultatiou together ?— A. I think they met each other. Q. Uo you kuow where !— A. No, sir. Q. Do you kuow wheu ? — A. No, sir. Q. Have you any impression as to where Mr. Kirtlaud is now 1— A. No, sir. Q. You don't kuow whether he is in the city or not?— A. I do not. Q. Have you received any letters from Mr. Kirtlaud since last Thurs- day ? — A. Not since the one that I gave you, or about that time. It might bave been before or after, a day or two. Q. You have received no notes or letters from him since that time ? — A. No, sir. Q. Have you any letters that you received from Mr. Kirtlaud with you ? — A. No. sir. Q. None, except the one that you handed the sub-committee ?— A. No, sir ; I don't thiuk I have. I might have at home or at my office, be- cause J have frequently had letters from him. Q. Did you bave any conversation with Mr. Kirtlaud as to what his testimoiiyNvould be or would likely be before this committee !— A. I don't remember exactly. We have had a general talk about matters. Q. What did be say to youl— A. He said that Mr. Chitteuden's tes- timony was a very fair statement of matters, aud his testimony would not be in conflict with it. That was the substance ; not perbaps the words. Q. Did he tell you that he bad received notes to the amount ot $72,000 for bis own beueflt on the De GolyerandMcClellancoutract ?— A. No, sir. Q. Or that he bad not ?— A. He didn't tell me whether he bad or had not received notes for $72,000. Q. Did be say to you whether or not he had received the amounts spoken of by Mr. Obittendeu as baving been paid to him, or did he say that somebody else shared in that fund ? The Witness. Do you mean since he has been here this time ? Tbe Chairman. Yes, sir. The Witness. No, sir, be did not tell me that. Q. At any time, then !— A. Heretofore we bave had general conver- sations about various matters, aud that also. Q. Did he say he bad shared any portiou of that money with any one? A. He has told me that he did not have the beneht of all that money. . Q. Did he tell you who had ?— A. Not directly. Q. Did he indirectly, so as to lead you to infer that any one had shared with him that money?— A. I should prefer not to answer that question at this time, because there are other facts connected with it that I should like to explain. The Chairman. The committee will adjourn to its private room, in order that the wituess may be examined upon this subject, so that he will not be involved iu auy way. Tbe committee thereupon retired to the consultation-room and re- mained in session until a late hour iu tbe evening, witnesses aud par- ties in attendance being informed about half after five o'clock that they need not remain any longer, as tbe public session of the comuiittee would be regarded as haviug been adjourued until 10 o'clock to-morrow moruiug. TESTIMONY OF ALEXANDER R. SHEPHERD. 1413 Thursday, Aiml 30, 1874. At 10 o'clock a. m. the conimittec resumed its public session. The readiu.n' of the journ:il was dispensed with. IMr. JMattingly. We desire to put Mr, A. II. Shepherd on the stand to testify to two distinct nuitters, reserving his testimony upon other subject-matters to another stage of the case. Alexander R. Shepherd, heretofore sworn, examined. By Mr. Mattingly : Question. Please explain to the committee the circumstances con- nected with General Babcock's measurement, under the act of Congress making the api)ropriation of twelve hundred and odd thou- sand dollars- — Answer. As I said once to Judge Wilson, when he was cross-examining a witness, this estimate was made up in September of work which was contracted for and in progress, so as to be incor{)orated in our November report. Tlie epizootic came on and some of the work was delayed and not done, but a good deal nnn-e than the aggregate was done. The House in the deliciency bill, which was introduced in December, inserted a clause ap])ropriat- ing $1,210,000 to re-imburse the board of i^ublic works for expenditures around Crovernment property — around the property of the United States. That passed the House and came to the Senate, and I think it was on 23d of December it passed the Senate with a slight amend- ment — an amendment offered by Judge Edmunds, of A^ermont, to this effect: That the prices paid, as well as the quantities of w^ork done, should be approved by the engineer in charge of public buildings and grounds. The bill virtually passed both Houses with this amend- ment. The parties were clamorous for their money. The amendment could not be acted upon until the House met after the recess. After consultation with my brother members of the board, we addressed a letter to fxeneral Babcock reciting the facts, and asked him, in order to gave time and make this money available for those who needed it, if he would nut order his engineer to measure up the work before the meeting of Congress, so that there would be no delay when they met; which he did. Congress met, and on the day after their meeting they adopted this amendment ; the bill was signed und the money was drawn at once. That is the whole history of that. By the Chairman : Q. When was this recpiest made to General Babcock to measure ? — A. Just after the Senate adjourned for the Christmas holidays. The. bill had i)assed both Houses with the exception of a verbal amendment whicli was to be concurred in by the House, and it was subsequently done. By Mr. Wilson : Q. In your answer, commencing on page 423 and ending on page 471, that is the measurement made by General Babcock, is it 1 — A. Yes, sir; I think so. Q. Now, on page 441 you will find this reservation 17 that has been so often alluded to, that is embraced in that measurement ? — A. It is in this bill. Q, Had tin; board done any of that work ? — A. Not to my knowledge Q. So that there is in that n)easurement work that was not done Uy the board of public works ? — A'. 1 think so. 1414 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Are there any other items in there that you are aware of except reservation 17 "? — A. No, sir ; none that I am aware of. Q. Bat that one is an item that was not clone by the board of public works, amounting' to $14,380.35? — A. That is my impression, sir. Q. I do not care to take time now to go through this in detail, but I should like to ask some further questions on this subject. I simply called your attention to that one item now. By Mr. STEWART : Q. I should like to inquire right in that connection by whom that work was done? — A. 1 heard the surveyor testify — Mr. Forsyth testified that a part of it was done under the board of public works since they came in, and was settled for by the commissioners of the sinking fund for the District of Columbia. I do not know that to be the fact ; he had the voucher for a jjortion of the work. By Mr. Wilson : Q. You have seen that flagging down there ? — A. Yes, sir ; I have seen the flagging. Q. Could you say, from looking at that flagging, that any part of it was done by the board of public works ? — A. 1 think not. Q. You saw the character of the flagging — the quality of it ? — A. Yes, sir. Q. Would you think that 00 cents was a proper price for that old flagging that is lying there "? — A. No, sir ; I think it is an exorbitant price. Q. Here are gutters at 55 cents. — A. I should think that was a large price. Q. Is not that an exorbitant j)rice 1 — A. I shoukl think so ; yes, sir. Q. Here is grading at 10 cents that was done prior to the board ; what do you thiuk of that? — A. I do not think 10 cents is an exorbitant price for grading. It depends a great deal upon the nature of the grading. By Mr. Mattingly : Q. Please state the connection of the board of public works and of yourself individually with the De Golyer & McClellan contract — all the circumstances connected therewith. — A. The first intimation that I had of the De Golyer & McClellan contract, I think, was made to me by Mr. Huntington. If my memory serves me right he introduced Mr. Chittenden to me. I am not certain of that point. He said to me one day, in passing down Fifteenth street — he was standing on the steps of the bank — " What are you doing about contracts f I think that was in Februar}^, 1872. Says 1, " We are not doing anything ; we are going through our annual investigation, and we do not propose to do any- thing just now." " Well," says he, " I have got a friend here for whom I want a contract." '' Well," I said, " he will have to take his chances with the others, put in his proposition, and stand on his merits." I heard nothing further about this matter until after Mr. Huntington's death. Governor Cooke came to see me one day — I suppose it was a couple of weeks, probably, after Huntington's death — and said that Mr. Parsons, who was then marshal of the Supreme Court, and an inti- mate friend of his, had been to see him in reference to a contract which Mr. Chittenden, as an agent or partner of a firm in Chicago, was seek- ing for laying wooden pavement ; he said that Mr. Parsons was act- ing as attorney for Mr. Chittenden, and was anxious that he should have a show, I told Governor Cooke that that was a matter to TESTIMONY OF ALEXANDER R. SHEPHERD. 1415 be (letonnined iu tlie future; that Mr. Parsons and Mr, Chittenden Mould lia\'e to put their matters before the board and let the case be determined upon its merits as a pavement. I met Mr. I'arsons ill his office here one day. I went iu with Governor Cooke, and this luatter was talked over, and I made the same statement to him; and sometime afterward jVIr. Parsons with Mr. McClellan came before the board and presented their paveuient, made a long argument in regar73. Dear Sir: In tliecourKcof my pi'ofcssioiial biiHiness here, a friend ami client re.siiting near my .son in tliis city has placeil a very important matter in my hanil.s, as liis conli- dential coiin.sel and adviser, and as it concerns the hoard of jinhlic works of the city of Washin^^rfon, I have taken the liberty, from onr friendly and social relations diirinfj times past, to write yon ni)on tlie snhjeet helore tin; matter is preseiiteil in court or is made pnhlic. Thn.s far he has nay fifty cents per yard for this amount, that he has paid $i32,000 in money and given his notes for the balance, (about $(3G,000,) and that said notes are due and collection is pressed. Mr. C. desires that the work be awarded him under the award so that ho can pay these notes, r)r that the notes be returned to liim. Mr. C. does not claim that either you or any member of the board knew any- 1418 AFFAIRS IN THE DISTRICT OF COLUMBIA. thine; about these notes or|l?2,000in money; hut he does say that he was compelled to account iu advance, at the rate of fifty cents per yard, for every yard of paving awarded his firm. It seems to me that Mr. C.'s request is a just one, (give him the work agreed upon or return him his notes,) and I write you this note that justice may l)edoue him, feeling confident that if it is iu your power that it will be done, I would see you in person rather than write you had I the time to spare. Yours, truly, C. B. FARWELL. Hon. A. R. Shepherd. The reply is as follows : Washington, D. C, Septemher 5, 1873. My Dear Sir: I have your letter of the 2d instant, relative to certain statements made by Mr. McClellan, of the firm of De Golyer «& McClellan, in regard to their con- tract for paving in this city, iu which you state that they made certain payments to outside parties to secure the work. Of this matter the board knows nothing, and can take no cognizance. Had they known that such jobbery was going on, no contract would have been awarded these parties. As it is, the work which was done by them was of such an inferior nature, the material and process of treating so unsatisfactory that the board could not do otherwise than stop the work. It is no use for tliem to whine on account of such stoppage, as we have been very lenient and done the utmost in our power to help them. I earnestly hope that these parties, if they have made any payments to outside job- bers, will recover it by suit, as I would like to see this class of cattle brought to justice. Rest assured that anything I can do for yourself or friends, consistently, it will be my pleasure to perform ; but I know you would not ask me to do anything that I could not do conscientiously as a public officer. Yours, very truly, ALEX. R. SHEPHERD, Vice-President Board of Public Works. Hon. C. B. Farwell, Chicago, III. I will state tliat 1 never knew of the existence of Mr. Kirtland or JMr. Calvin Brown until this testimony began. I will state further, that hearing a week or ten days ago, incidentally, that my partner, Colonel Moore, was acquainted with Mr. Kirtland, I went from here at the recess and questioned him in regard to his acquaintance with Mr. Kirt- land. He told me at thaf time that he had known Mr. Kirtland while he was here — while this matter was under consideration; that he was in the habit of coming into the store ; that he had been acquainted with him a long while, and that he had spoken to him iu regard to obtaining a contract, and had made him certain promises. I said to Colonel Moore at the time " Why did you uot speak to me and let me know that these parties were making you offers "P He said, " ATell, I did not consider it was my place to say anything about it." I said to him then that I thought he had acted in bad faith toward me, and that he placed me in an embarrassing position, and one which I could not appreciate just at that moment. I heard nothing more of the matter so far as this Kirtland contract was concerned, except as has been stated to the committee by counsel; and night before last, upon hearing Colonel Moore's testimony, he came and told me what he had said to the committee ; that he had a written memorandum made with these parties. I said to him that while it was the most painful thing that had occurred to me in my life our business relationship must cease, which it did this morning. I have laid the matter before the committee, and I shall be glad to answer any questions that they may put to me. I have here the award in the letter-book. It is as follows : Board of Public Works, District of Columbia, Washington, June 25, 1872. Gentlemen : The board have this day awarded you a contract to lay one hundred and fifty thousand yards of wooden pavement of the patent kuowu as the "De Golyer TESTIMONY OF ALEXANDER R. SHEPHERD. 1419 No. 2 " — wood to be treated by the Samuels process— on such streets as may be desig- nated, the whoU* to be com])leted withiu five mouths from this date. Au additional amount of fifty tliousand square yards will be avvardt-d you so soon as tbe board are re-inibursed by the Geiuaal Government on account of exi>enditures around public buildin-^s and grounds, or you will be allowed to lay it this season if you can wait until an appropriation is made for this purpose, at three dollars and fifty cents per square yard. Very respectfully, &c., w ALEX. R. SHEPHERD, Fice-Fresident. Messrs. Dk Golyer & McCleli^vn, Chicago, III. By tbe Chairman : Q. Have you exhibited to the committoe all the letters ami i^apers connected M-ith this De Golyer »& McClellan contract so far as you know ? — A. I think there are some letters from Mr. Chittenden, but nothing- which hint at or have any relation to this matter. By Mr. Stewart : Q. Did 5'ou have any conversation with Colonel Moore about this con- tract at the time it was in progress of negotiation ? — A. Never but once. I was going up the stairs at my store to my private ofticc, and Colonel Moore came out from his desk, which is behind, and said to me, " There are certain parties here striving to get a contract." He men- tioned the name Chittenden. " What are you going to do about it ?" Says I, " I do not know anything about it; that is a matter for the board of public works to determine ; they have not considered the subje(;t yet." I think that was the only time he ever spoke to me about it. He may have spoken again about it, but it was in such a desultory way, aud without any apparent purpose, that I took no notice of it at all. By Mr. Hubbell : Q. Did you know before you heard of Colonel Moore's testimony h(^re that he had at any time a written agreement or memorandum f — A. I did not. I had no conception of it. Q. Please state to the committee, if you can remember, just tlie exact conversation which occurred between you and Colonel Moore at the time you called on him during the recess. — A. I said to him, " Billy, I have heard that you know this man Kirtland." Says he, '' Yes, I know him." " Well," says I, "what do you know about him ?" Said he — he went on to speak of his having been here in the war from 1802, an ofHcer in "Scott's Xine Hundred;" that he was a clever fellow, and a fri«Mul of his ; and 1 said then that he was mixed up in this Chittenden contract busi- ness. He said, " Yes, he is mixed ui) in it, and he wanted me to help him about it, and offered to give me i)art of the money." " Well," says I, " you did not have anything to do with it, did youf Says he, " Not a thing." He went on, and made some general statement in regard to it, but there was no point in it that im[)ressed me at the time. Q. J)id he tell you at that conversation that Kirtland had at one time offered him half of the notes ? — A. Yes, sir; he told me that Kirtland had otfered him some of the notes, but he declined to have anything to do with them. Q. Did he say that Kirtland had offered him any money? — A. That I am not positive about. He had offered him some of the proceeds, but he said that he had declined to take it. He stated vsonu'.tliing to this effect: that Kirtland had said to him that he was going to sell tlie notes, and put the proceeds to his credit in New York, or soinewlnTe else. I asked him if he had ever done so — if he had ever touched the money. He said he had not. 1420 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Has Colonel Moore ever spoken to you about awarding contracts to other ])arties? — A. Never, to my knowledge. Q. Was this letter of ex-Senator Doolittle to Governor Cooke the first intimation you ever had that notes had been given ? — A. The first I ever heard of the transaction. Q. Did you ever follow up that investigation to see to whom those notes had been given? — A. I had no means of following up the investigation. Mr. Chittenden was not here, and I had no means of finding out where the notes went to. I supposed that the matter would be ventilated in court. T was anxious that it should be, and acted in the manner 1 have stated to the committee. By the Chairman : Q. When did you first intimate to those parties that you would not permit them to goon with the contract?— A. Abont the time they were doing the work on Pennsylvania avenue — finishing up their work on Pennsylvania avenue east and Eighth street ; wliich, if my memory serves me right, was along in December, 1872, or January, 1873. Q. With whom did yon have that conversation or interview ? — A. I had it on their ground with their foreman, and, I think, with Mr. Mc- Olellan, and with everybody connected with it. I was not slow about expressing myself in regard to it. Mr. MATTiNaLY. I would state, Mr. Chairman, that I have here an abstract of journal entries of the board relating to this matter. The journal entries are as follows: G. R. Chittenden, June 26, 1872: He requested that in contracts made with De Gol- yer & McClellan, article No. 4, which gives the board the right to suspend contract without any assignable reason, be stricken out, &c. — No. 4648, vol. 2, 1872 ; file. August 24, 1872, (No. 8180, vol. 4, 1872,) he desired to know if the use of spruce instead of pine, by Messrs. De Golyer & McClellan, meets the approval of the board, and whethtir the same is as satisfactory as pine. August 28, 1872, he was notified by telegraph that spruce timber would be accepted, if properly treated and up to the standard, in fulfillment of contract of De Golyer & McClellan. — Journal A, 1872, page 493. September 18, 1872, he forwarded an application for a contract to pave streets with wood, according to the De Golyer patent No. 2, to the extent of 200,000 square yards, pine or spruce, and stated the application is from De Golyer & McClellan, and is for further work, not interfering with that already awarded them. — No. 927.5, vol. 4, 1872 ; file. De Golyer & McClellan, May 14, 1872, made application for laying 150,000 square yards of wooden pavement, known as the "De Golyer No. 2." — No. 4483, vol. 2, 1872. June 25, 1872, chief engineer was directed to prepare a contract with Messrs. De Golyer & McClellan, of Chicago, 111., for laying 150,000 square yards of De Golyer wooden pavevuent No. 2, treated by Samuels's process, and to be laid on such streets as may be designated by the board; and to be completed in five (5) months; and an ad- ditional 50,000 square yards as soon as the board are re-imbursed by the General Gov- ernment on account of expenditures around public buildings and grounds, or they will be allowed to lay it this season if they can wait for an appropriation, at $3.50 per square yard. — Journal A, 1872, page 321. Juue 25, 1872, they accepted the contract, as above stipulated. — No. 4645, vol. 2, 1872. July 17, 1872, ordered by the board that the roadway on Pennsylvania avenue, from First to Eighth street east, be paved with De Golyer wooden pavement No. 2, treated by the Samuels process, and that a contract be made with De Golyer & McClellan to lay the same at $3.50 per square yard. — Journal A, 1872, page 383. September 25, 1872, chief engineer was directed to instruct Messrs. De Golyer & Mc- Clellan to proceed at once to pave Eighth street east, from Pennsylvania avenue to uavy-yard gate, with same style of pavement as laid by them on Peuusylviinia avenue, from E'irst to Eighth street east, aud to afford them every facility to push the work to rapid completion. — Journal A, 1872, page 564 : L. R., 9497, vol. 4, 1872. October 2, 1872, they were requested to furnish a copy of the specifications of the De Golyer wooden pavement No. 2. — Journal B, 1872, page 6. October 21, 1872, Joseph J. Campbell was appointed inspector to supervise the treat- ing of De Golyer, No, 2, wooden paving-block at the f ot of Fourtli street east, aud will TESTIMONY OF ALEXANDER E. SHEPHERD. 1421 enter npon his duties at once, and see that the treatniont is in accordance with specifi- cations, and to reject all wood iiiiproptuly treated. — Journal IS, 1872, page oo. October :W, I'^T'^, they stated that tliey will have comi)leted the jiavins of Pennsyl- vania avenue and Kiglith street east within the next few days, and sliall he ready to commence hauling block and gravel u])ou any new streets that may be assigned to them under their award by Monday, the 4th of November. — No. IIUOI, vol. 5, ln72. November 1, 1872, they were notilied in reply to the above, that inasnuieh as great complaints are already made of work done by tliem,it is deemed inexpedient to award them any more until after their past work shall have been inspected, and they were requested to i)ut their work in proper order at once. — Journal B, 1872, ])age 8:5. Novendjer 2.'), 1872, they were notilitul that Pennsylvania avenue east is in a terrible condition, and immediate steps are re([uisite to prevent a disgraetj to tlie lioard ; and they were re([uested either to finish the work immediately in good order or relinquish the job ; and to be done this week, or the board will be obliged to adopt a course that will be disagreeable. — Journal B, 1872, page 1:57. January 4, 1873, contract clerk was directed to have Messrs. De Golyer & McClellan sign their contract for the improvement of Pennsylvania avenue and Eighth street at once. — Journal A, 1873, page 5. January 7, 1873, they were notified, in reply to their requestfor $4,000, (No. 13162, vol. 5, 1872) that the chief engineer reports tliat he examined the pavement on Penn- sylvania avenue east, and regarded it tjs a bad job. — Journal A, 1873, page 11. January 1.5, 1873, they were directed to produce satisfactory evidence as to the standing of their bondsmen from the United States district attorney. January 23, 1873, chattel mortgage to the board for certain machinery for the pres- ervation of wood, valued at .'j^OjtiOO, wliieh has been accepted in lieu of bond on their contract on Pennsylvania avenue and Eighth street east, together with power of at- torney to J S. Cook. Referred to Col. \Vm. A. Cook, attorney. — No. 873, vol. 1, 1873. I Now in the hands of the committee.] January 23, 1873, the superintendent of property was directed to take charge of, and store in some suitable place, the machinery for the preservation of wood conveyed to the board of public works by Messrs. De Golyer and McClellau, by chattel nuirtgage, dated January 16, 1873 ; and he was furnished with a schedule of said nnicliinery. — C. L. P., vol. 1, 1873, p. 426. March 18, 1873, they were directed to put their work done under their contract ia complete order and condition before the 1st day of May next, and no new work will be awarded until this order is complied with. May 31, 1873, they were directed to pave the intersection from wood pavement to the railroad-track from First to Eighth street east. — Journal A, 1873, p. 208. By the Chairman, (to Governor Shepherd :) Q. What did they say in reply to your statement to that at that time ! — A. Well, they made a variety of excuses in regard to their work. The principal trouble with the affair was inefficient management. The matter was left here without any head. Q. After Mr. Quinby came here and exhibited to the board of pub- lic works saniides of work in Chicago, if I remember his testimony cor- rectly, you then notified them that the}' could not lay any more pave- ment down ? — A. We notified them that they could not lay any more pavement down treated by that process. Q. AVliat reply did they make to that statement ? — A. They made several rei)resentations. Mr. Farwell stated that he came on to see about it; and they furnished certain infoiination or certificates from Chi- cago. They sent a certificate from the board of public works of Cliicago, stating that the pavement laid by them was in good repair, and was consitlered as good as any. I think tiiat was in evidence. That was the best authority that we could have, and as the thing had been sold out, and they were very anxious to lay down the wood tliey had cut, the board conclmled to let them finish up some streets. Q. Did they make any representation to you in any of these inter- views that it had co.st them a large sum of money to secure this con- tract, and that therefore they ought to be permitted to go on .' — A. I never heard of it until the.se letters came. Q. You m^ver knew from any .source, until you received this letter from Judge Doolittle, that they had paid any person or per.sons any sum whatever for this contract? — A. 1 did not, so help me God. 1422 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You supposed tbey would pay Mr. Parsous something? — A. I supposed tbey had paid his fee as an attorney. Q. Did you know Mr. Page ? — A. I did not. I never saw him, to my knowledge. Q. He is of the firm of Dent & Page. — A. I do no know him, and have no knowledge of his identity at all. Q. Did he speak to you about contracts ? — A. ]S"ever, sir. Q. Did ycni ever see the iiev. W. Colvin Brown? — A. I never knew of the existence of such a person. Q. You never saw him ? — A. I never saw him. Q. Have you ever seen Mr. A. B. Kirtland ? — A. 1 never have, to my knowledge. Q. You do not know Mr. A. B. Kirtland ?— A. I do not. Q. You never saw such a man in your store ? — A, I never did ; that is, to recognize him. 1 may have spoken to Mr. Kirtlaijd as I speak ever^' day to people that I do not know, who are introduced to me ; but it is something that does not affect me at all. Q. Were you in the habit of being at your store during the spring of 1872 ? — A. I was there every day. Q. But never saw Mr. Kirtland there? — A. I never saw Mr. Kirtland. Q. Nor Mr. Brown ? — A. No, sir. Q. Did you ever see Mr. Chittenden there ? — A. I have seen Mr. Chit- tenden there several times. By Mr. Mattingly : Q. State the location of your office at the store. — A. My private office is on the second floor. The store-office is on the first floor. I go up stairs to my office. I suppose Mr. Chittenden was at my place — well, a good many times; I would see him loafing about the place 5 he would come up to my door and speak to me. By the Chairman : Q. When you are at your own store, are you generally in your private office? — A. Always. Q. Where does Colonel Moore stay there? — A. Just below, in the lower office. By Mr. Stanton : Q. At the end of the store ? — A. At the end of the store. By the Chairman : Q. He had charge of your books, had he? — A. Yes, sir. Q. Then he was not in the habit of being in your private office? — A. He was not there once a month, without I sent down for him. Q. Did Colonel Moore ever speak to you about this contract of De Goyler «& McClellan ? — A. Never, except in the way which I have spoken of a few moments ago. I said that one day I was going up the stairs to my private office, and had come in from the country ; Colonel Moore came out from his desk and hailed me, and said to me, "Aleck, Chittenden is here, applying for a contract for De Golyer & McClellan." I said "Yes." " Well," said he, "are you going to give it to him?" I said, " 1 do not know anything about it ; that is a question the board will have to determine; the thing must stand on its merits." He said, " Have you considered it?" I said, " Samples have been put in, and an argument has been made in regard to the case, but I do not know what is going to be done about it." That was all that passed. It was just TESTIMONY OF ALEXANDER R. SHEPHERD. 1423 such a conversation as that is. He did not press ft, or say anything except "They are botherinc: nie," or something of that kind. Q. That is the only interview you hud with Mr. INIoore on that sub- ject ? — A. I think that is tlie only time he ever si)oke to me on the sub- ject. He may have si)()ken again, but it was in such a purposeless way that it did not attract my attention at all. Q. It made no impression on youf — A. Xo, sir. Q. At the time Mr. Parsons made his argument before the board of public works, were you present? — A. I was. Q. That was an open, public argument ? — A. An open, public argu- ment. Q. In a regular session of the board ? — A. Yes, sir ; I think that the same pavement and process had been argued before by a gentleman who testified here, ^Ir. Nickerson. He testified in regard to tlie same thing. Q. At that time you did not see Mr. William Colvin Brown at the meeting of the board 1 — A. I did not know him. Q. You did not recognize him ? — A. I did not recognize him at all. Q. You had no intimation from any source that ^Ir. Moore was inter- esting himself in this contract? — A. I had no intimation from any source, nor had I any such idea. If I had I should have put my foot on it very quickly. Q. When did you first learn that Colonel Moore knew Mr. Kirtland ? — A. The first intimation that I had was in this committee-room, the morning after Mr. Chittenden got through testifying. It was said that Mr. JMoore was acquainted with Mr. Kirtland. I went down, as I said to you, and questioned him in regard to it. Q. Did he leave the impression upon your mind at that time that he had been aiding Mr. Kirtland ? — A. Well, he left this impression : that this man had been badgering him to help him to get a contract, and had ottered him certain moneys, but he had treated it as a joke ; that he had not considered it as a sober reality; he had not considered it in that way. He said the man brought him the notes, and he laughed and told him that he did not want any notes; that if he had any money it would be a ditferent thing; and then this man said he was going out to sell the notes, and would deposit a certain amount to his credit ; and Moore said, " Well, when that is done, that is a different sort of thing,'' or something of that kind, just in that otf-hand manner. I had no idea that there was any plan, or had been any arrangement between these parties, and I will state the reason : Colonel Moore is a man who is known to be a man of the world, thoroughly acquainted with business affairs. He was the private secretary of Senator Cameron, of ]\Ir. Stan- ton, of Andrew Johnson, and was ray life-long friend, and my school- companion, whom I took out of the Army and gave an interest in my busine.-ss on account of his wonderful business qualities. He is the last man in the world that 1 sni)posed would have tolerated a i)roi)osition of the kind, and I cannot ae(;ount for it now that he should have done so, knowing the jtosition in whi<-h he stood to me, and the position in which 1 stood to the public. Q. Von knew that Mr. Kiitland Avas here last week ? — xV. I heard that he was here ; 1 did not see him ; 1 never saw him in my life. You know I heard in a confidential way that he was here, and gave you an intimation, as we walked up th(i avenue, that Mr. Kirtlantl was in the city, hoping that Ik* would be brought here. I stated to you, if you recollect, that 1 hoped he wouhl be brought here. The Chairman. Vou stated to me, governor, that he had been seen by George Alfred Townsend. 1424 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. Mr. Harrington stated that. The Chairman. He stated that he had been seen by George Alfred Townsend, and that you were pursuing him, or endeavoring to find him. The Witness. I had him watched, sir. The Chairman. I desire to say in that connection that the committee at once placed our sergeant-at-arms on the track of Mr. Kirtland. The same day 1 communicated the information to the Sergeant-at-Arms of the Senate, and he undertook to find Kirtland aud failed, bringing back word to us that he was not here. Q. (To Governor Shepherd.) Do you remember when it was that you made that statement to me 1 — A. I do not recollect the day, sir. Q. You had the impression that we wanted Mr. Kirtland ? — A. I knew that you wanted him. I knew that I wanted him. I did not su[)pose it was possible that he could get away without coming before this com- mittee. Q. When did you uext hear of Mr. Kirtland 1 — A. I do not exactly get the connection, sir. Q. You say you informed me that Colonel Kirtland had been seen by George Alfred Townsend ; was that all you had ever heard of Colonel Kirt- land ? — A. I did not say that to you. Mr. Harrington stated that to you. I stated that I understood he was in the city. It was as we walked up the avenue. Q. Did you ever hear of Colonel Kirtland after that ! — A. No, sir ; ex- cept in the way the committee know of, through my counsel. By Mr. Wilson : Governor Shepherd, I think it is due to the chairman of the commit- tee that I should ask you a question or two in regard to this matter. You state that in a conversation where you aud Mr. Allison and Mr. Har- rington were walking along the avenue together, you intimated to him that George Alfred Townsend had seen Colonel Kirtland in this city. — A. I did not intimate it to him ; Mr. Harrington did. Q. Mr. Harrington did it in your presence f — A. Yes, sir. Q. The chairman has already stated what action the committee took to try to find Mr. Kirtland. You also say you knew the committee wanted Kirtland. — A. Yes, sir ; I knew that. Q. That the committee had been making some vigorous efforts to secure his presence, and you say you wanted him also ? — A. I did want him. Q. Did you know that your counsel had had a private interview at one of the hotels in this city with Kirtland f — A. My counsel told me so. Q. Then, if you desired him, and knew that the committee desired him, why did you not take some steps to have him subpoenaed I — A. Simply for this reason : it was given me in confidence by my counsel. I would not break my word for anything. It was not my business to bring Mr. Kirtland here. He was summoned by the opposition. He was here as a prosecuting witness. I gave the hint. That was as far as I could go, and probably further than I could go ; probably further than I ought to have gone. I gave the hint in such a direct way that he was here. Q. Y^ou deemed his presence desirable for yourself, did you not ? — A. I did, and I do now. Q. And knowing that the committee was so desirous to get him, and you being so desirous, if you have any other reason to give why you did not have him subpceuaed, 1 would like to hear it. — A. I have simply TESTIMONY OF JOHN R. FRENCH. 1425 this reason, which every man of lionor will appreciate, that my counsel said that he had pledged his word to I\[r. Kirthvnd not to divulge his presence, and he transmitted that knowledge to me under that same pledge. Q. After you had learned that Mr. Kirtland and your counsel had been together in this city, did you give any hint of that to the chairman or to any member of the committee? — A. I merely stated that I under- stood that ^Fr. Kirtland was in the city. Q. Was that before the statement liad been made that he had been seen by George Alfred Townseud or afterward ? — A. That is about the time, 1 think. Q. Was it before or after? — A. That I do not know, sir; I do not recollect the date ; I did not fix it. Q. Did you at anytime make a statement to the chairman of this committee, or to any member of the committee, other than you have already stated ? — A. No, sir; none at all. Q. So far as yon know, the committee had no information of these interviews until they had procured them by their own investigation ? — A. Xone at all, sir. Q. When did yon first know that the committee had ascertained that* your counsel had had a private interview with Mr. Kirtland in this city ' — A. Well, it occurred in this way Q. AVhen did you first learn that ? — A. It was the evening Colonel Moore was examined here; the evening you held your secret session. The way in which it came about was, that we were going down the avenue — Mr. Mattingly and myself — and stopped at the store, and Col- onel Moore said he had been subpoenaed to come here, and then he sub- sequently came up and told me what he had done. Q. Where did he give you that information ? — A. Which information ? Q. The information as to what he had done — as to what he had testi- fied to here. — A. At the club-house. John E. French sworn and examined. By the Chairman : Question. Are you Sergeant at-Arms of the Senate? — Answer. Yes, sir. Q. Did the chairman of this committee communicate to you at any time the fact that Mr. Kirtland had been seen by George Alfred Town- send? — A. Some one did; I cannot say now that it was the chairman. Some one communicated that fact to me. Q. Upon that communication being made to you, what did you do ? — A. I sent Mr. Christy to see j\Ir. Townseud and follow up the lead. Q. What was the result of that investigation ? — A. Ua came back and said that it was another man — I forget the name — who looked like Lim, and was not the man. Q. What instruction did I then give you, either tlie day that report was made or the following day, with reference to what should b(^ (lone to procure the attendance of Mr. Kirtland in this city ? — A. I cannot say specially, but you urged me to work the matter up as shar[)ly as possilth'. (,>. Did I not ask you to procure such detective force as you could find in this city, either in ycmr own emph)y or the employ of others, and pursue Mr. Kirtland, because I believed he was here ? — A. Yes, sir. Von im[)ressed tiiat every time that we had an interview, that you be- lieved he was in the city. Q. Did I not state that to you from tlay to day, from the time that J 90 D c T li2G AFFAIRS IN THE DISTRICT OF COLUMBIA. first gave you tins iiiforniatioii, np until it was first discovered thi\t lie WHS here I — A. Yes, sir; every day, I think; every time that we had any conversation; I think every morning. Q. Did I not, in addition, instruct yon to send one of your officers to New York, and to employ a detective there and procure Mr. Kirtlaud ? — A, Yes, sir. Q. Did you do so I — A. Yes, sir. The Chairman. I desire that all people should know that the chairman of this committee in no way was attemptino' to conceal the fact that Mr. Kirtland was a uecessarj^ witness, and that he was some- where, in reach of somebody. Mr. Merrick. I presume all men know that without assurance. The Witness. Not only at New Y^ork, but at, other points, by your orders, detectives were employed. Governor Shepherd. Mr. Chairman, you do not understand me as throwing out any such idea ? The Chairman. I wanted all the facts to be known in reference to the matter. » Governor Shepherd. On the contrary, you expressed yourself in the strongest terms every day in regard to the matter. Tlie Chairman. I merely wanted, in connection with that statement, to show that I acted upon every information, and every intimation, that has been given to me with reference to Mr. Kirtland. Mr. Merrick (to Governor Shepherd.) Which of your counsel was it that had this private interview with Kirtland ? Mr. Mattingly. I had it. I have already detailed it to the commit- tee. Mr. Merrick. Yes, but it has not been detailed in public. Mr. Wilson. The committee is in possession of all the facts already. Mr. Mattingly. I desire to state this in this connection — I do not remember whether I stated it to the committee or not: when I saw Mr. Moore 1 authorized him to state to the committee that I had seen him and had this interview. By Mr. "VYilson, (to the witness :) Q. What eiforts did you use here in the way of trying to find Mr. Kirtland after this information was given you by the committee ! — A. J employed several of my own men, and went to the city police and had the detective force here employed. Q. And you gave the cit}" police information ? — A. I communicated with them daily. Examination of Governor Shepherd resumed. By Mr. Wilson : Question. That is a copy of the award ? [Referring to award already in evidence.] — Answer. Yes, sir. Q. Why was it that an award was given to this firm to lay 150,000 square yards of wood pavement without indicating any street ui)Ou which it was to be laid ? — A. The board had not determined at that time what streets to lay it upon. Those folks stated that it would take some time for them to get their machinery and appliances here, and it was thought best to have them here ready to go on with the work before the street was given to them. Q. Until the board had determiued upon what streets they would lay wood iiavement, what was the occasion of letting a large contract to par- ties to lay wood pavement at all ? — A. Simply to get the material here TESTIMONY OF ALEXANDER R. SPIEPIIERD. 1427 ready to go to work. At that time, in June, tlie season was advanced and tiie representation was made by tliese i)arties that it would take them two or three months to get tlieir lumber anlan of sewerage — got it up under contract with tlie board. Q. How old a man was he? — A. I should judge he was a man of seventy-odd years. Q. Who succeeded him as chief engineer ! — A. Mr. Mullett, 1 thinii, acted as chief engineer for a long while. Q. Do you mean Mr. Mullett who was a member of the board ? — A. Yes, sir. Q. Mullett, the Treasury architect ? — A. Yes, sir. Q. Mullett did not go into the field himself, did he?— A. Well, he had his assistants, you know, aud did his work on paper. Q. Who were his assistants ? — A. Mr. Forsyth was one, Mr. Oertley w as another, and a man by the name of Partridge aud a man named Chennoweth. There were several of them. Q. Did Mr. Mullett act in his capacity as engineer merely as a member of the boanl, or had he a salary as engineer ? — A. ^o, sir; he a(;ted as u'.ember of the board; he was assigned to that duty as engineer, I think. Q. Without any additional pay ? — A. I do not think he ever received any pay, sir. The treasurer informed me that he did receive some pay. Mr. ^MagtIMjder. He got no pay as a member of the board, however. Mr. Thurman. Members of the boaid have pay, do they not! Mr. Magruder. Yes; but he was cut out by a rule of Congress. Mr. Farnsworth put a clause in which cut him oif. Mr. TiiURMAN. He was paid as engineer, then ? Mr. Magruder. Yes, sir. Mr. Thurman. Do you remember at what rate he was paid as engi- neer ? Mr. Magruder. No, sir ; I do not. I think he got about $5,000 for all his services. By Mr. Ti-IURMAN, (to Governor Shepherd :) Q. Was Mr. Mullett a civil engineer or an architect ? — A. Both, sir ; and a remarkably able one, I think. Q. How long was JMr. Mullett in the board ? — A. He must have been in nearly two years. Q. Who was his successor f — A. He was succeeded by a man from Cincinnati, named li. C. Phillips, who was engineer for a while. He was city engineer of Cincinnati. Q. I mean who succeeded Mr. Mullett as a member of the board ? — A. Mr. Mullett did not retire from the board at that time, he merely relin- quished the engineership, aud remained as consulting engineer. Q. Is Mr. Mullett a member of the board now ? — A. No, sir ; he resigned. Q. Who succeeded him ? — A. Mr. Cluss was put in his place. Q. Mr. Phillips succeeded him as engineer, you say! — A. Yes, sir. Q. How long was he engineer I — A. 1 should judge he was engineer for twelve months. Q. Who made the estimates u])cn which payments were made to the contractors ? \yhat was the mode of auditing contractors' accounts — of TESTIMONY OF ALEXANDER R. SHEPHERD. 1431 nsoertaining liow iiiiicli work lio luul done and what was duo liim ? — A. The (contractor made ai)i)lieation to the board — to the vice-president of the board for a nieasureaient. It Avent from the vice-president of the board to tlie en^iineer, witli instructions to measure up the work. It was then forwarded, lie keepin^i;' a transerii>t of it, to the auditor of tlie board, wlio setth'd the ac(;ount upon the measurements made by the engineer. Q. And approved by the vice-president f — A The account did not go to the vice-president for approval. Q. Then the auditor paid upon the certificate of the engineer? — A. Tl.'e auditor paid upon the certificate of the engineer — no, sir; the au- ditor did not pay. The engineer made the measurements, the auditor settled the accounts, and the treasurer i^aid. Q. But the auditor allowed the account and gave the warrant I — A. Yes ; he gave his warrant or certificate for it. Q. On the treasurer"? — A. Yes, sir. Q. Upon the estimate made by the engineer? — A. Yes, sir. Q. There was no revision of the engineer's work or of his estimates by any member or committee of the board of public works ? — A. Well, we had a committee appointed for that purpose, but after acting for a while they fouiul that it was no use ; that the matter had to be acted upon by the chief engineer, who had the revisory power. The assistant engiiuH^^ made up the measurements through the levelers ; then the levelei's reported to the assistant engineer the measurement. The assistant engineer made up the computation, and submitted it to the chief engineer, who went through it; and after he was satisfied with it he ind(n\sed it and sent it down to the auditor. In reference to a point which you spoke of a moment ago, as to who made up these various estimates, I would say there were about 2,200 measurements altogether, of which about 1,400 were made by Mr. Bar- ney, about 500 by Mr. Forsyth, and some 200 or 300 by Oertley. I had the other day, for curiosity, a tabulated statement made up as to how the measurements were made. Mr. Barney made about GO to 70 per cent, of all the measurements. Q. AVho was Mr. Barney ? — A. He is one of the assistant engineers of the board, ami a remarkably accyirate man. Q. Then an auditing committee was at first ai)poiuted by the board ? — A. There was a committee appointed for that purj)ose. Q. Who composed that auditing committee? — A. I forget who they were; it is a matter of record. Mr. IMagruder. It «\-as Mr. Brown and Mr. MuUett. The Witness. Yes, that was it. jNIr. Thurman. But tlu'y soon ceased to act. The Witness. Well, tliey found that they could not do anything; that there was imthing for them to do ; the tiling had to go through so many hands that there was no possible chance for mistakes. Q. Are these surveys of Coyle, by which he fixed the grades of the avenues and streets of Washington, in any book form in your oflice ? — A. O, yes ; they are in the surveyor's office— the original jil'at-book. Mr. Forsvth was his assistant; he has them as surveyor. 1 will produce that book. The committee then took a recess until 2 o'clock p. m. 2 o'clock r. M. The committee reconvening, the chairman said : I might say that the committee desire at some future time to examine Governor Shepherd more in detail upon these several matters; but for 1432 AFFAIKS IN THE DISTEICT OF COLUMBIA. the present the committee have no further questions to ask him. "We propose that the governor shall take the stand hereafter. I would like to ask Governor Shepherd a single question. Q. You spoke of Mr. Forsyth having been Mr. Coyle's assistant. Do you know whether Mr. Forsyth has been connected for a long time with diflerent administrations in relation to the iraijrovement of the streets? — A. Mr. Forsyth has been virtually in charge of that under the old corporation for quite a number of years. I think he was dis- placed under Mr. Bowen. Q. For upwards of twenty years, has he not been, in some way, con- nected with that department of the city government under successive administrations *? — A. He has. Q. And the information of which he has become possessed, by hold- ing this position for that long period of years, was found to be, I sup- pose, of some service to the board ? — A. Found to be of great service. By Mr. Christy : Q. At the time that Mr. Forsyth was employed by your board, were you aware of the fact that he had controversies with preceding admin- istrations growing out of inaccurate measurements'? — A. No, sir; I do not think that such is the case. He is a natural-born controversialist, and it would be strange if he was not in hot water most of the time. But I will say this for Mr. Forsyth, I have found him a very efBcient and very honest officer, and I have watched him narrowly for the last three years. Q. Were you aware of his want of system in ascertaining- the condi- tion of streets prior to the beginning of work under various contracts I — A. He had a system of his own. It was not what I would call system- atic, but in the main he came out in almost every case right. Q. Is it not true that Mr. Barney introduced a system which is much more complete, and perfect, and satisfactory, after his connection with the board 1 — A. Yes, sir. Mr. Barney had a better education than Mr. Forsyth. 1 think Mr. Forsyth's strongest point is his experience and his long connection with city affairs. It gave him knowledge that no one else possessed. Mr. Barney is an excellent engineer and an edu- cated man. Q. If there were these controversies growing out of mistakes made by Mr, Forsyth, you were not apprised of them at the time he was em- ployed by the board ? — A. No, sir. I know that he had the contideuce of most of the mayors. Governor Shepherd, The papers Judge Thurman called for are here. Mr. Stewart. Judge Thurman will be here in a moment. Benjamin F. Meeds sworn and examined. By Mr. Stanton : Question. Were you the auditor of the board of public works in 1871 ? — Answer. I was. Q, Will you state whether or not the bids which were invited by the board of public works were referred to you and the engineer of the board ? — A. They were. Q, As the auditor of the board of public works, they were referred to you, yourself, and the engineer ? — A, Yes, sir. Q. For what purpose ? — A, For schedule and classification. Q. Was such a schedule made ! — A. I made one. Q. Have you it with you ? — A. It is amoug the records here. This schedule was signed by me and General Greene, who was the engineer of the board. These bids were referred to myself and the engineer for TESTIMONY OF BENJAMIN F. MEEDS. 1433 classification and scliedule. I had the original bids and classified tlicin with the names of the bidders, nnniberinj^' them, and noted as to whether they had deposited their thonsand dollars or not, and tlu' form in which they bid for these varions items. I have that schedule tabu- lated with tlie ditferent classes of pavement ; for instance, there is the concrete, per square yard, giving the number of bids, the aggregate of the bids, and the average of the bids. Q. Have you made a note of comparisons between the average prices included in these bids and the rates as fixed by the board ? — A. I show that comparison here on this classiticatiou. By My. Stewart : Q. For what purpose did you make this classification which you speak of ? — A. To comply with the order of the board when they referred these bids to me for specification and classification. There were thirty, forty, or more bids, and they wanted them presented in a tabular form in order that they might make a comparison of the bids with the view to determine prices. I classified all the bids opened September 1st, for all kinds of i)avemeut. The following is the classification to which 1 refer, omitting the names of the parties in this statement that I have here. This classification gives the description of pavement, the number of bids, the character of bids, the average of the bids, and the board prices adopted September 14, 1871. Tke witness then read as follows : Sitmmary of bids opened September 1, 1871, as compared ivith hoard prices. MACADAM PAVEMENT, PER SQUARE YARD. Description. .■6 |2 Aggre- gate of bids. Average of bids. Board price adopted September 14, 1871. Macadam, as per specifica- 27 145 13 $1 67 4-27 tion. Ordinary, including grading 3 5 40 1 80 Ordinary, Telt'ouid road 1 5 73 5 73 Bluestone : Xot exceeding 12 inches 1 1 29 1 29 Not exceedintr 9 inclies . 5 8 86 1 77 1-5 Six inches deej) 3 3 71 1 23 2-3 Eifrlit inches iteep 2 3 04 1 .52 1-2 Ten indies d'-ep 1 1 90 1 90 Twelve inches deep 29 51 28i 1 70 73-87 Fourteen inches deep. .. 1 2 25 2 25 Sixteen inclies deep 1 2 50 2 50 Eigliteen inches deep. .. 1 2 75 2 75 $1 50. Total 75 133 m 1 78 106-225 SENECA STONE, PER SQUARE YARD. Seneca stone 30 I 1 3 2 1 $47 64 5 42 5 15 1 2!H 4 134 4 80 1 39i $1 58 4-5 2 71 1 71 2 3 1 29 1-2 1 37 5-G 2 40 1 39 1-2 Belijian Incliiding grading A.s iier sample No. 1 ; extra for jjiading. Sampli^ No. 2; extra for grading. Sample No. 3; extra for grading. Samples N'o. 1 or 2 ; extra for grading. Samples Xo. 2 or 3 Oblong blocks, 31 and i\ across. Present style 1 1 1 2 50 t 00 2 25 2 50 1 GO Grouted with cement Total 45 76 18i 1 69 3-10 .*1 .50 for Macadam. 1434 AFFAIRS IN THE DISTRICT OF COLUMBIA. Sitmmary of hids opened September 1, 1871, <$'c, — Coutiuuecl. BLUESTONE, PER SQUARE YARD. Dftsciiptioii. Aggre- gate of bids. Average of bids. Board price adopted September 14, 1871. Bluestone Similar to F street 29 3 2 1 $46 08 4 85 3 32 2 25 $1 58 26-29 1 6I3 1 66 2 25 Grouted with cement Total 35 56 50 1 61 3-7 $1 50 for Macadam. BELGIAN, PER SQUARE YARD. Granite, North River Granite, 6-inch cube blocks. 1 9 10 13 15 31 93 13 15 3 54 7-9 Total 35 08 3 50 4-5 .$2 50. GRANITE, PER SQUARE YARD. 1 4 12 00 19 60 $2 90 4 90 In blocks, 3 to 4 wide, fi to 9 long, 7 to 8 deep ; simi- lar to Boston. Total 5 22 50 4 50 STONE, PER SQUARE YARD. Paving Stone Cobble Ordinary broken Potomac 1 •fl 55 3 4 35 3 2 34 1 1 68 3 5 00 $1 55 1 45 78 1 68 1 66 2-3 WOOD PAVEMENT, PER SQUARE YARD. Willet's Burroughs' Metropolitan prismatic , . . . Follansbee Smith's Morse Smith s Georgia yellow pine Beidler, 1^2.90 and 24 cents per cubic yard for grading. Spruce, bnr'nettized Sjn'uce, not burnettized . . . AVliite hemlock, burnett- ized. "White hemlock, not bur- nettized. Pine, burnettized Pine not burnettized Miller Slow E.illard Roberts Morse, including grading . . Wyckoff Dunbar Total . $3 25 3 50 3 20 18 50 3 50 9 20 3 65 3 06 3 45 3 00 3 20 3 55 3 15 6 30 16 80 6 30 6 45 4 00 3 80 |3 25 3 50 3 20 3 70 3 50 3 06 2-3 3 65 3 06 3 45 3 00 3 20 3 22 1-2 4 00 3 80 3 35i 13. TESTIMONY OF BENJAMIN F. MEEDS. 1435 Summary of hids opened September 1, iy71, tj-c. — Contiunuil. CONCRETE, PER SQUARE YARD. Descriptiou. Aggre- gate of bids. Average of bids. Board price adopted September 14, 1871. 6 1 1 1 2 1 1 1 2 3 115 05 2 95 3 50 3 88 6 20 3 50 3 72 3 10 fi 40 11 40 $2 50 5-6 2 95 3 50 3 88 3 to 3 50 3 72 3 10 3 20 3 ^0 Cli<-mical, « inclies thick, 82.75, (jrradiug, 30 cents per cubic yard, S2.95.) C-iucli, compressed, ^3.30, (excavation and grading, 30 cents per cubic yard, S3 50.) 8-inch, compressed, S3.G8, (excavation and grading, 30 cents per cubic yAvA, Trinidad and Cul>an .S3. 20. rilliert, vulcanized Pariseii .■^•3. 20. Total 19 60 00 3 15 15-19 $3, except as above for Scliarf and Parisen. FURNISHIXG 100,000 FEET CURBIXG-PER FOOT. If ew York bluestone 6 4 1 16 43 4 02 1 15 II 07 1-6 1 00 1-2 1 15 Konh River bluestone 11 11 60 1 05 5-11 92 cents per foot. 5 1 7 60 1 24i 1 52 1 21 1-2 6 8 84^ 1 47 .5-12 No price fixed ; none u.sed. Manasses brown free-stone 2 1 84 92 No price fixed ; none used. 8 27 10 54^ 1 31^3-16 97 cents per foot. Aggregate of all kinl)ble-stone Paving gutters with cob- ble-stone and between llagwaya. Relaying nld stone pavem't. Taking up or relaying cob blestone. Parking, soil and sodding.. Flag fiiot ways Furnishing an5 cents. 30 cents. No price fixed for taking up. Price for re-laying, 30 cents. No jirice fixed. 60 cents per S(iuaro foot. 1)0. Do. Do. Do. Do. 60 cents per aciuare foot, equal to 80 cents per running foot. 1436 AFFAIRS IN THE DISTRICT OP COLUMBIA. Summary of hids opened September 1, 1871, ^-c. — Continued. Description. riaggiii j:, 6 by 16, cross-gut- ters and alleys. I\elayiii)i old Haj;' tootways Takinji up ami relaying old flag footways. Kosettirig curb-stone Resetting gutter-stone Eesettiiig cobble-stone Grading 16-incli bridging Curb Pnrnisbingand settingNew York bluestoue. New York curb, dressed as heretofore. North River bluestone curb New York curb New York bluestone, 20- inch. Granite Do Seneca Do Resetting old curb Do Taking up and resetting old curb. 12-inch gntter-flag 12-iuch gutter-stone New York flag, 12-inch New York gutter-stone New York flagging, same as now in use for cross- gutters and alleys. Gutter-stone Furnishing gutter-stone and putting in place. Setting new curb Setting new curb when fur- nished. Grading Grading, not exceeding 18 inches deep. Grading, excavating or fill- Grading deep. above 18 inches Aggre- gate of bids. 10 90 11 60 15 51 5 6 52 4 6 34 8 31 06 4 6 65 9 32 62 2 29 2 54 4 47 3 1 25 4 1 56 2 82 2 78 1 60 1 45 2 65 3 62 3 2 77 1 40 3 58 1 25 $0 90 per linear foot. . . 17| piT square foot . 15 per square foot . . Average of bids. 10 per square foot . 10 per square foot . 10 per square foot . 20 per square foot. 07 per .square foot. 90 per running foot 1 47 per runing foot. 1 39 per running foot . . 1 65 5-7 per linear foot . . 1 55 1-10 per linear foot. 1 30 2-5 per linear foot . 1 58^ per running foot . . . 1 72 5-9 per linear foot . . . 1 66i per running foot . . . 1 71 13-19 per linear foot . 14i per running foot . . . 27 per linear foot 11} per linear foot 41| per running foot . 39 i)ei- linear foot ay i)er linear looi 41 per linear foot 39 per linear foot 60 per linear foot 56 2-5 per linear foot . . . 45 per running foot 32i per linear foot 20f per linear foot 21 4-13 per cubic yard 40 per cubic yard 19 J per cubic yard 25 per cubic yard Board price adopted September 14, 1871. 60 cents per square foot, equal to 80 cents per linear foot. No price fixed. Do. 15 cents per linear foot, equal to 9 cents per square foot. No price fixed, 3J cents, equal to 30 cents per square yard, the board piice Board price, 20 cents per cubic yard. No price fixed. No comparison can be made, size and kind of curb not being stat- ed by bidder. If 6 inch, board jjrice for setting, 30 cents : furnishing, 92, equal to $1.22 board price. No price fixed. §1.22. Size of curb not stated by- bidders. Do. Do. $1.27. Size of curb not stated. Do. No price fixed. Do. 15 cents per linear feet. Do. Do. 35 cents per square foot. Do. Do. Do. 50 cents per square foot. 35 cents per sq. foot for 12inch, and 50 cents per square foot fur 16-iuch. Bid gives no .size. Do. 30 cents per linear foot for 6-inch curb. Bid gives no size. Do. 20 cents per cubic yard, and earth to be deposited where directed without extra charge. Do. Do. Do. By Mr. Stanton : Q. IS'ow, as the result of the comparison bet\veeii the average rate of those bids and the rates afterward fixed by the board, do you find in any case the price fixed by the board exceeded the average of the bids ! — A. I don't. Q. In every case the price fixed by the board fell below the average ? — A. Yes, sir. Q. And material. that in respect to all classes of work ! — A. Yes, sir ; and By Mr. Wilson : Q. What is your x^resent position under this board ? — A. ever. None what- TESTIMONY OF BENJAMIN F. MEEDS. 1437 Q. When did you prepare this statement that you have read I — A. "Within the hist five or six days. Q. Were there any bids uiuh'.r board price ? — A. That I liave not examined. I have the names of the bidders liere. This is simply a tabidation of the original sehe(bde as niach^ by me wlien transmitted to the board. Here is the name of each bidder, giving the class of work and the number of tlie bid. Q. Y'ou have given there the average of the bids ? — A. Yes, sir. Q. Then there wonld be some bids lower than these? — A. Yes, sir; some bids lower, and some higher. Q. Taking the average of the bids, do you know whether the board in letting contracts How long were you in the employ of the board ? — A. Up to the lith of December, 1872. Q. Do you know whether the board, in making contracts, has in all respects com] died with these prices that were established ? — A. Until they were amended. Q. When were they amended ? — A. That is a matter of record. Q. Do you know anything about that? — A. No, sir; only as 1 would be notified by the board of the change of prices. Q. You don't want to be understood that these statements you have given here show the prices at which work has been let by the board ? — A. I wish to be understood here that these tables I have read are com- l)arisons with the prices fixed by the board of public works on the l-ith of September, and that those prices, as fixed upon these schedules and upon these tables, contained a comparison made by the board with those statements that you have here. Q. In other words, if I understand you, on the 14th of September there had been a certain number of bids put in, and the board, instead of letting the work to the lowest bidder, took the average of all the bids and fixed a scale of prices from that ? — A. Yes, sir. Q. That was the way in which it was done f — A. Yes, sir; except as to the date ; these bids were opened September 1, but the prices were not fixed until September 14. Q. That is imniaterial so far as that is concerned. I was simply try- ing to get at the mode in which that was done. Are you aware of any case in which the board of public works, after having had exi)erieuce, diminished the prices at which work was let below the prices fixed by the board f — A. 1 cannot say. Q. Have you any knowledge or information in any case? The board of public works after having had experience as to the cost of construc- tion diminished the prices below the prices that they had established ? — A. 1 have no recollection. Q. Are you aware of any cases in which it increased the price ? — A. Yes, sir. Q. In what case did they increase the price ? — A. Whenever an in- crease of price was nmde 1 was notified as auditor by a formal letter from the board. They are all a matter of record. 1 could not give you the items. Q. Where is that record showing the increase of prices? — A. On the journal of the board of works. Q. Have you any separate record of that; you say you were notified by letter? — A. Yes, sir; or by an amended price list. Q. Wliat did you do with those letters and those pricedists ?— A. I think up to the time of the change in [)rices — when the change of prices was made and the ])rice list modified, the old one was destroyed. I will not be positive about that, however. 1438 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What was tlie occasion of destroying' part of the records of the office i — A. They were merely transcripts from the journal — that was all. Q. Have yon ever looked to the records of the office to see whether or not you could fnrnish ns the various changes that were made in the prices ? — A. I think that is in evidence. I tliink 1 have seen it. Q. I would like to have it in this connection. Mr. Mattkv^gly. The schedule is already in evidence. You will find it in the printed record. Mr. Christy. It is on page 435. You will fiud there the present prices, but it does not show that which you desire, which is the dates when the increase was made. Mr. Wilson. That is what I want to get at. I want to know the time or times when changes were made increasing the prices. Will you be able to furnish a statement to the committee of that ? — A. Yes, sir. Q. Now, are you aware of any increase of price that was made to ap- ply to work that had already" been done and completed ? — A. No, sir; I think not. Q. You think there was nothing of that kind ? — A. Not while I was' auditor of the board. Q. At any time? — A. I cannot answer as to any other time. Q. If I understood your reading correctly, the board price for brick pavement was 80 cents a square yard ! — A. Yes, sir. Q. Do you know whether they let any contracts at 80 cents"? — A. Yes, sir ; 1 think they did. Q. Do you know whether they were all paid for at a dollar ? — A. That I cannot answer. Q. The price was increased from 80 ceuts to a dollar ? — A. Not while I was auditor. Q. Do you know whether it was increased from 80 cents to a dollar after you were auditor ? — A. Not of my own knowledge. Q. Have you ever examined to know whether they actually charged a dollar a square yard for brick i)avemeut, instead of 80 cents? — A. No, sir. Q. How many bids were there for flagging? Have you the bids there ? — A. The bids are in the custody of these gentlemen over here. Q. How many bids for flagging? — A. I think thirty-four bids. They varied in size from 12-inch to 13inch, and I classified them accordingly'. Q. Here is parking, soiling, and sodding. There must have been one bid, and that was 35 (jeuts. There was no price fixed by the board. The average, of course, was 35 ceuts? — A. Yes, sir. Q. Were the specifications — parking, sodding, soiling — all that under- stood before this bid was made? — A. No, sir. Q. There was no specification ? — A, No, sir. Q. Then there was an advertisement for i)arking and soiling and sod- ding without any specification as to how the thing was to be done? — A. 1 think not. I do not think this bid was put in under any adver- tisement. I would like to refer to the advertisement under which these bids were opened, and I could determine definitely. Mr. Wilson. I should like to see that. Q. Proposals were not invited for that work at that time. Here are l^ag footways, ten bids. Aggregate of bids, $7.30; average of bids, 73 cents per square foot, and the board price was fixed at 60 cents per square foot. This is for the flagging across the streets. Is that for fur- nishing the flagging and laying? — A. Yes, sir. Q. Then I see right below that, furnishing and laying flagging, two TESTIMONY OF BEXJAMIX F. MEEDS. 1439 bids a.cf.fi'reg'ate $1.40, avorao-e 70 cents, and bonrd price fixed at GO cents per square foot. What kind of liaj^sin^- is that? — A. The same. I scheduled these precisely as they were made out by the bidder. Q. That is, furnishing- the tlag-ging- and laying it ' — A. Yes, sir. Q. Do both of these refer to footways across the streets ? — A. 1 pre- sume so. Q. Then here is an item of Xew York flagging, six bids, $3.7(), ag- gregate of bids ; average of bids, ()2i^ cents, and the price fixed at (»0 cents per s(iuare foot. That was for furnishing and laying that flagging '. — A. Yes, sir. That maybe 12-incli flagging or IG-inch flagging. 1 could not determine from the nature of the bi(l. Q. Here is ]S^ew York flagging by 10. — A. They are tlie size I gave. Four bids, aggregate, $3.15; average, 74|| cents per S(]nare foot: the board price fixed at (50 cents. That is for furnishing and laying. Q. Here [ find flagging by 10, across gutters and alleys, one bid at 90 cents, and the price fixed at 00 cents ? — A. Yes, sir. Q. That is for furnishing and laying ? — A. Yes, sir. Q. Then here is another for KJ-inch flagging, four bids ; aggregate *$2.73, average 08^ cents ; price fixed by the board 00 cents ". — A. Y'es, sir ; the board had but one price for that flagging — that is, 00 cents. Q. That was for furnishing the flagging and laying it ? — A. Y''es, sir. These bids were put in in that form. I just incorporated the ofl'er of the biiUler in eacli case Q. Ho you know how flagging is charged for at $1.25 a foot? — A. That is not this flagging. That is flagging that conies in large pieces and is used for sidewalks. This flagging is not used for sidewalks. This is simply to go across the street, and used across gutters and in alleys. Q. Where are the bids for furnishing the flagging that goes aronnd the sidewalk ? — A. I do not know anything about them. Q. Were there any bids made for flagging to go on the sidewalks f Witness. At that time ? Mr. ^VILSON. Yes, sir. A. No, sir. Q. Have you ever heard of any since ? — A. No, sir ; I think not. Q. Who furnished the flagging for the sidewalks ? — A. Thatl do not know. Q. Was there any furnished during your administration .' — A. I think not. I do not remember of auditing any bill or account. Q. You know nothing in regard to that ? — A. No, sir. By Mr. Thurman : Q. Where are the estimates returned by the engineers of work that was done — returned to the auditor, so that warrants might be drawn or certifi(;ates given to the contra(;tors ? — A. They are in the custody of the auditor of tlie board, and the vouchers are numbered to corre- spond with the number of the certificate issued thereon. i). Did yon give the statement here as to the fixing of the price for grading? — A. Yes, sir. Q. What was that ?— A. Y^ou have it. That was grading to l)e done on the pavement, and not on the carriage-ways. Q. There were thirteen bids for grading. The aggregate $2.77, and the average 21 -^.j cents per cubic yard ; and there was grading, not sod- ding, 18 imdies deei>, only one bid ?— A. That is the way it was ])id for, and I just entered it there in thci>recise form the biddfu" otfered it. Q. Excavating or filling, oS cents, three bids, aggregate oS cents. 1440 AFFAIRS IN THE DISTRICT OF COLUMBIA. average 19^ cents ; and grading above 18 inches deep, one bid, at 25 cents, and the board price for all this is fixed at 20 cents per cubic yard, and the earth to be deposited where directed, without extra charge ? — A. Yes, sir. Q. Now, were there bids for grading of carriage-ways '? Before you answer that question, do you know whether the grading of the carriage- ways and the footwalks was all paid for ultimately at the same price ? — A. I do not. Q. That you do not know anything about? — A. No, sir. Q. Plave you a statement there of the grading as to the carriage- ways ? — A. These bids for carriage-ways were to include two feet of grading. The only reference I find to grading in these bids for carriage- ways Is excavation and grading, 30 cents per cubic yard, to one bidder. Q. Is there only one bidder ? — A. I am speaking of it at that price ; and then there is another bid there, at 24 cents for grading, unless the board of public works can have it done for less. Here are certain streets — for instance, excavation on K street, 12, 13f cents, excavation, on F and Gr, 9|; grading 30 cents per cubic yard. Q. How many bids of that kind in the aggregate? — A. Here are five- bids — 40 cents per cubic yard for grading over two feet, 35 cents for grad- ing over two feet, 50 cents for grading ov^er two feet, 45 cents for grad- ing over two feet, 35 cents for grading over two feet. Those are bids on the different streets. By Mr. Christy : Q. I understand you to answer that you had no present connection with the board of public works f — A. Yes, sir. Q. Are you not in the employ of the District government as auditor f — A. I am auditor of the District government. Q. Was this matter the subject of discussion before the board prior to your receiving this order under which you made this scale of prices f — A. I think at the time these bids were received I was in the room. I was asked to take oft' the schedule. The only reason I could see for their referring them to me to make this schedule was from my having taken oft' the bids, as read by a member of the board, as fast as they were opened. Q. What member of the board read the bids ? — A. That I cannot now recollect. Q. At the time, then, that you made the record of the bids, you had received no instructions as to this preparing of the scale of prices? — A. No, sir ; but I did subsequently. Q. I understand you subsequently received an order in writing from the board? — A. No, sir ; it was a simple reference that went on the journal referring these bids to the engineer and auditor for classifica- tion and report. Q. It was an expression of the sense of the board in writing, as it appears on the journal upon which you did this work subsequently ? — A. Yes, sir. Q. So that you have no knowledge of any discussion between the members of the board on this subject? — A. O, yes, I Imve this knowl- edge. I was in and out of the board-room frequently during their meetings; and oue object of having these bids scheduled was to ascer- tain whether there were what were known as straw bids. Q. That is the first obiect that you had — to ascertain whether they were straw bids? — A. No, sir, not the first. Q. What was the first purpose, then, as indicated to you? — A. There ■was none indicated to me. TESTIMONf OF BEXJAMIX F. MEEDS. 1441 Q, Are you not aware of tlie fact that it was tlie determination of the board in the first instance to award tliese contracts to the lowest bid- der f — A. Xo, sir, I am not. Q. Were yon not aware of the fact they required this deposit of $1,000, of which yon speak, for that purpose, so as to i)rotect tlie board against what were known as straw bids ' — A. I did not know what the design of the board was beyond what is stated in the advertisement. I had nothing to do Avith the preparation ot the advertisement. I was not cognizant of its i)reparatiou. Q. Then you have no information of a purpose upon the part of the board to adopt this scale of prices until that entry was made on the journal .' — A. No, sir; I do not think I liad then. ■ Q. When was it that you ascertained that the work was to be done under a scale of prices fixed under these calculations that you were in- structed to make? — A. On the 14th of Septend)er. Q. That is the first intimation you had of the purpose for which this was to be used ! — A. O, no; I thought you were asking me in regard to the time of fixing the price. The object of having those papers prepared was to enable the board to get at a fair average price for work done. Q. When did you first receive information that that was the purpose of the board t — A. I think within forty-eight hours after the opening of the bids. These questions were questions that were discussed in the board. Q. Then that was not a subject of discussion until the bids were opened ? — A. That 1 cannot say. 1 was not present at every meeting of the board. Q. Within your knowledge, it was not the subject of discussion ? — A. No, sir. Q. But it was soon after, and within forty-eight hours after the bids were opened ? — A. Yes, sir. Q. You have rej^orted there the price established for the Scharff con- crete pavement, S3.20 ! — A. Yes, sir. Q. How did you arrive at that ? The board, I understand you to say, adopted the results of your calculation without change 1 — A. I do not know that at all. This was simply to enable them to make up a scale of prices. In no case have they adopted the price indicated here as the average of the bid. They are lower in every instance, in every item. Q. Then you were not advised there was any mistake at all in the calculations that you had made? — A. No, sir. Q. Now, what was the result, the average price of the bids for the Scharf pavement? — A. There was but one bid for the Scharf pave- ment ; it was $3.40 ; price fixed by the board, $3.20. Q. By whom made ? — A. It was made by John O, Evans. Q. llow did you arrive at the price of the vulcanite Filbert pave- ment ? ITow many bids were there for that ? — A. Two. Q. Wliose wcre'they ?— A. L. S. FiM)ert, of Philadelphia, 83.25, was one bid for all the streets except Pennsylvania avenue ; $3.15 for Penn- sylvania avenue ; two l)ids taken together make $0.40. Q. L. S. Filb<'rt made both bids? — A. Yes, sir. Q. No competition ? — A. No, sir. By Mr. Christy : Q. In your estimates there did you include any bid the maker of which had not deposited $1,000, accordnig to the terms of the adver- tisement i — A. Yes, sir ; we included, I see here, a number that arc not 91 D C T 1442 AFFAIRS IN THE DISTRICT OF COLUMBIA. marked as having deposited $1,000 5 but it is possible, that as there were three classes of work, for carriage- ways and footways, and also for fur- nishing curbing, that the deposit of $1,000 may have been noted on the other schedule. I could not state that without making a tabular state- ment. Q. I understood you to say that these were the bids made by those who had complied with the terms of the advertisement as to the de- posit of a thousand dollars with the register? — A. You misunderstood me. What I said in relation to that was this : this schedule showed the amount of deposit made by each one of these bidders whose name appears on this schedule. Some of the bidders deposited five hundred dollars because of the advertisement under which they put in their pro- posals. I know the fact there were two classes of depositors, some five hundred and some one thousand dollars. I could easily verify that. Q. We will pass from that. W' as it any part of the duty of yourself and your associate to pass upon the character of the improvements that were referred to you — as to the quality or character of the various car- riage-ways, for instance ? — A. No, sir. Q. Then your instruction was to take all bids that were made, without reference to tbe fact whether a deposit had been made or not? — A. I received no specific instruction whatever. Bids were just handed to me, and I was told to please arrange these and classify them, and I did so to the best of my ability without any formal instruction in any shape or form. Q. Did you in your statement include the bids of John G. Stafford for the Smith concrete pavement? — A. I included in the concrete pave- ment one bid of John G. Stafford for $2.25, one at $2.30, one at $2.80, one at $2.81, and one at $2.50 — six bids made by John G. Stafford. Q. Then you made an average, and reported the entire statement, in- cluding the average, to the board ? — A. Yes, sir. Those bids of Stafford were for six different streets, his prices varying on the different streets. Q. And you reported the average amount, you state, to the board ! — A. Yes, sir. By Mr. Wilson : Q. Was he the only bidder for that description of pavement ? — A. Yes, sir. By Mr. Christy : Q. Who prepared the advertisement of which you speak f — A. I do not know. Q. Was it not the expectation of all persons connected with the board of public works that the awards would be made to the lowest bidders? — A. I do not know. Q. Was it not your purpose, in taking down the reports as made by the person opening tlie bids, that it was to ascertain who was the low- est bidder ? — A. No, sir ; I knew the contrary. It was the deliberate intention luit to take this schedule and treat it in this manner. The idea was to get at a fair price for good work. Q. When did you ascertain that fact? — A. Before I made out this schedule. Q. 1 am not speaking of the schedule that you made up ; but you stated that when the bids were read off' by the person whose name you have forgotten you had then no knowledge of any intention to arrange a scale of prices ? — A. Yes, sir. TESTIMONY OF BENJAMIN F. MEEDS. 1443 Q. So that, iu the first instance, you tooli: it down with reference to tlie worlcsnbseqnently done to fix the scale of i)rices ? — A. Yes, sir. Q. At tliat time did you not expect tliat bids would be let to the ones who proved upon the opening; of the bids to be the lowest bidders f — A. 1^0, sir. Q. Ilad you any opinion on the subject"? — A. Yes, sir. Q. Derived from any member of the board? — A. I could not specify any member, but I knew of a discussion iu the board iu relation to frauds that liad been perpetrated under the old government by reason of bids being put in for one kind of ])avement and another kind of pave- ment being put down of an inferior quality. When I made up tbis schedule, as you will see, each different pavement is scheduled by itself, and the number of bids, and that they were to determine as to which kind of [)avemeut they would i)ut on certain streets. There was noth- ing in the opening of those bids by the board of public works, to my knowledge, that promised to any bidder work under his bid. Q. Do I understand you to say that, prior to the oi)euing of the bids on the first of September, you had received information that awards would not be made to the lowest bidders, but that a scale of prices would be established ? — A. Xo, sir ; you do not understand me to say so. Q. You say, however, it was a matter of discussiou ? — A. Yes, sir; after the receipt of these bids; after these bids were opened, and be- fore they were classified. Q. And after you had taken them down 1 — A. Yes, sir ; iu this book ; not this taking down. Q. 1 understand that. So it was uot in fact until after the opening of the bids that this matter of fixing ])rices b^' the results of these calcu- lations was determined upon t — A. That is, to my knowledge. Mr. Stanton. You were asked concerning an increase in laying the price of brick pavement. Do you know anything of the reasou of that increase? — A. Yes, sir. Q. Will you state it '? — A. There was a very great deal of dihiculty in ol)taining brick, and I believe there was a combination attempted among the brick-men, they knowing there would be a very large quan- tity of brick pavenu^nt, to put up the price of brick. There was a clause subsequently inserted in the contracts by which the board fixed the price of bricks at $11 and $11.50 a thousaiul, ami would furnish to con- tractors at that price. Where they failed to furnish, or where the brick ou the street cost more than $11.50 a thousand, the difference per square yard was taken b}- counting thirty-six brick to the square yard, and if there were a thousand yards of brick pavement, that represented thirty- six thousand brick. The difference between $11.50, the board price, and the price actually paid for the brick, was allowed. Q. When this increase was made from 80 cents to $1 per yard had the j)rice of bricks actually gone up? — A. I know nothing about the increase of price to $1 a yard; that was done after I h>ft the board. When the price was fixed at 80 cents, contractors then furnished the brick. Sub- sequently there was an attempted combination among the bri(;k men, and the board undertook to break up that combination. They would purchase brick. I think they bought some at rhiladeli)hia, and some at Baltimore, and they cost about $11.50; they were put to the contrac- j tors at that price. After a while the board could not get brick, and J they permitted contractors to get brick wherever they could, and gave to them the increased price per yard represented by the dilVerence "between $11.50 per thousand and tlie price actually paid. Q. You were the first auditor of the board .' — A. Yes, sir. 1444 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How long- did you continue ? — A. Up to December 14, 1872. Q. Explain to the committee the manner of auditing accounts that was established and followed. — A. The engineer would transmit to the auditor^s office the measurement of a certain street for work done by the contractor. I took the schedule of prices and carried out the extensions of the different items that appeared on the engineer's measurement, witk the prices fixed by the board. I then made out a certificate that I had that day examined and allowed the account of John Smith, contractor, for so much money for work done on such a street, between such and such points. That went to the treasurer, with a duplicate of the meas- urement, and the audit as made up in my olJicc. Q. A duplicate of the measurement? Do you mean a duplicate cer- tificate? — A. No, sir; I mean a duj^licate measurement. I never made a duplicate certificate. Q. I mean a duplicate certificate of the engineer. — A. Yes, sir. Q. Then, in any case, did you audit a bill without having the engi- neer's certificate to the correctness of the measurement ? — A. No, sir. I could not tell what to audit without the engineer's certificate before me. Q. You always required thaf? — A. Yes, sir. Q. The payments were made upon your audit of the bills ? — A. Yes, sir. Q. Do you know of any case in which payments were made except upon which measurements were furnished by the engineer and afterward a formal audit by yourself? — A. No, sir. By Mr. Christy : Q. AVhat was your mode of ascertaining the amount of assessments against any particular x)iece of property upon the street ? — A. I had nothing to do with the assessments beyond making up a statement of the amount that appeared on my books as having been audited for work done on the streets. Q. And without regard to the parts of the streets upon which the work was done ? — A. O, no, sir. Q. That is true, isn't it ? — A. No, sir. Q. Let us take a lot No. 100. Is there anything in your statement separating the cost of the improvement in front of that lot? Witness. Of that immediate lot ? Q. Yes, sir. — A. No, sir. Q. That is what I mean. Didn't that result in this : that improve- ments were much more expensive on certain portions of a street than upon other portions, and yet the entire cost was distributed upon all the property on the street ? — A. I know nothing of the mode of making out an assessment. By Mr. Wilson : Q. There were difterent kinds of wood pavement there, were there ? — A. Yes, sir. Q. The different kinds of concrete pavement ? — A. Yes, sir. Q. Did the board fix the price of all wood pavements at a sum and of all concrete pavements at a sum, irrespective of the character of the pavement ? — A. All untreated wood pavements were fixed at three dollars ; all concrete fixed at three dollars, with the exception of the Parisen. The Parisen was fixed at three dollars and twenty cents, and the Scharf at three dollars and twenty cents. All other concretes were fixed at three dollars. TESTIMONY OF BENJAMIN F. MEEDS. 1445 Q. Trrespective of wliat it cost to put them down ? — A. I do not sup- pose the board went into that at all ; I do not know anytliing- about it. (). Tliey just took all their concretes and fixed them at 83 ? — A. Such as tliey use. Q. 1 mean what they adopted, they fixed all at the same price, regard- less of Avhat the i)aveiuent cost to construct it f — A. Yes, sir. Q. Do you know when the price of these concretes was increased ? — A. No, sir ; I do not know. Q. Uo you know as a fact that they were increased to 83.50 '? — A. iSTo, sir. There certainly was not, during the time I was auditor, an}' concrete audited at 83.50 a yard. Q. You know of no increase of the price? — A. I cannot tell you now whether I do or not. Q. Do yon or not know these concretes have been paid for at 83.50 a yard? — A. 'So, sir; I do not know it. Tbey were not so paid for while I was auditor. Q. Do you or not know whether since you were auditor these con- cretes that were constructed while you were auditor have been paid for at 83.50 a yard ! — A. No, sir. Q. What has transpired since you were auditor you have no knowl- edge of ? — A. No, sir. By Mr. Christy : Q. Did you make any report to the board of the price at which a bid was made, furnishing wood burnettized? — A. Yes, sir. Q. Did the board fix the price for burnettizing upon that report ! — A. No, sir ; they did not adopt any price for burnettizing the wood at that time. Q. Do you wish to be understood as saying that the prices fixed for concrete pavements were either 83 or 83.20 a square yard, and that no price was fixed less than that ? — A. I do. Three dollars for all con- cretes except the Scharf and Parisen. Q. Are you sure you are not mistaken in regard to C. E. Evans's concrete ? — A. No, sir ; I am not. Q. Was not that fixed by the board at 82.95 ?— A. Not in the schedule of prices sent to me September 14. Q. Will you be kind enough now to state, referring to the scale of prices, at what that was fixed — the Evans concrete? — A. For the Evans concrete there was no definite price fixed. There was no definite price fixed for any particular pavement except the Scharf and Parisen. That was specified at so much per square yard. The other concretes were put all together. Q. Were you examined before the other committee of investigation ? — A. No, sir. Q. Has your attention ever been called to the tabular statement made by the board of public works in regard to carriage-ways? — A. I suppose I have looked over it. Q. Perhaps you would desire to correct your testimony in regard to the Evans concrete if you saw it. [Report referred to was here handed to witness, who i>roceeded to examine same.] — A. [Examining the report.] I have no desire to correct my testimony in regard to that. My testi- mony is right — 83. Mr. JMattingly. He is testifying, you understand Mr. CiiKiSTY'. As to the board prices September 11th, as reported to him on that day. 1446 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. There was no price fixed for the C. E. Evans concrete in the list of prices sent to me by the board. Q. When were you advised of the rate at which it was fixed! — A. I suppose by the contract. Q. And not before you inspected the contract? — A. I presume not. Q. Then it was fixed subsequently at $2.95 !— A. That I cannot tell you, now, from memory. By Mr. Mattingly : Q. What was their bid— C. E. Evans's ?— A. Their bid was $2.75, work to be kept in order at least three years, and payment to be made when finished and accepted ; grading additional, at 30 cents per cubic yard, and their pavement was to be a chemical pavement, 6 inches thick ; that is their bid. That is the bid of the Evans Concrete and Flagging Company of New York. Q. Had you retired from your position on the board of public works before the advance in price was given to C. E. Evans for this pavement f Do you know of the subsequent increase — the $3.20"? — A. I don't think that was done while I was there. It might have been done, but I have forgotten if it was. By Mr. Stanton : Q. I desire, in connection with Mr. Meeds' testimony, to put in evi- dence extracts of the journal of the board, showing the reference of these bids to the auditor and engineer, and the scale of prices fixed by the board. I will give the reference to the reporter, and the pages. They are as follows: [Extract from journal.] Board of Public Works, Washington, September \, 1871. All the members present except Mr. Mullett. Bids were opened for paving or macadamizing carriage-ways. For curbing 100,000 linear feet of blue, seneca, or granite stoue 20 inches deep, 6 inches at toj), with a dress- ing on front side of 6 inches, and in pieces of not less than 6 feet. For furnishing and setting of curbstones, either of New York bluestoue, seneca, or granite. For laying new brick pavement with best quality of paving-brick. For relaying old brick pavement, furnishing gravel and sand where needed. On motion, the bids were referred to the engineer and auditor for examination and classification. [Extract from journal.] Board of Public Woks, Washington, D. C, September 14, 1871. The following scale of prices for work and material were then adopted by the board : Wood and concrete j)avemeuts $3. 00 per yard. Scharf & Parisen pavement 3. 20 per yard. Macadamizing 12 inches deep 1. 50 per yard. Belgian pavements 2. 50 per yard. New brick pavement 80 per yard. Granite curb, ( without setting) 97 per linear foot, Bluestone curb Flag-stones for crossings 60 per square foot. Relaying old brick jjavement 25 per yard. New cobblestones 55 per yard. Gutter iiagsl2-iuch 35 Gutter flags IG-inch 50 Grading per cubic yard, earth to be deposited where directed with- out extra charge 20 Resetting old curb, (4 inch) 15 Setting 6-inch curb, (new) 30 Relaying old cobblestone 30 TESTIMONY OF LESTER A. BARTLETT. 1447 Lester A. Bartlett swoiu. By Mr. Stanton : Question. Were you present at the meeting called by the board of l)ublic works, December 14, 1871, of the persons who had bids for work "? — Answer. I was. Q. It is stated, in the 4th and oth specifications under the first charge of the memorialists, that some persons were excluded from the room on that occasion. State your remembrance as to that fact. — A. I could not state whether there was any one excluded or not ; but my remem- brance of the fact is that the doors were open, and that the contractors, and any one who chose, might go in or out. Q. Persons were going in and coming out all the while 1 — A. Yes, sir. Q. You did not see anything to indicate it was not a public meeting, to which everybody had free access 1 — A. There was no door keeper and nothing to indicate it. Q. Have you any remembrance as to the rates fixed by the board on the part of the contractors ? — A. I know there Avas a general dissatisfac- tion. Q. For what reason ? — A. The contractors all considered the prices too low. I know there was a great deal of talk among them. Some of them expressed the opinion that they could not do work for that. One or two made speeches to the board to that effect. I think Governor Shepherd told them they must remember these prices were established upon a cash basis ; that they were to receive cash, and that heretofore, under the city government, they had to sell their paper at a discount, and the board proposed to pay cash, and for that reason they could af- ford to do the work at a less rate than they could have done heretofore. By Mr. AYiLSON : Q. You have received cash, in all instances, for your work ? — A. I am sorry to say I have not. Q. What have you received ? — A. I have been paid in cash — in sewer- certificates, and in board of public Avorks certificates. Q. Are you still holding any of those certificates? — A. I am holdiug some, and some 1 have had to sell ; some have been sold for me on ac- count of my inability to take up my notes. Q. How long is it since you have had any money from the board ? — A. I think it was certaiidy after the last appropriation. Q. ]\Iarch, 1873 ? — A. I was thinking it was along in January. Q. The appropriation of 8th January, 1873 ? — A. I guess that was the appropriation. Q. Have you had any money excepting since shortly after that ? — A. I do not remember. It was one of those two appropriations. Q. Wliat amount of certificates are you holding now? The Witness. Uo you mean sewer-certificates or auditor's certificates ? Mr. Wilson. I want both. A. Well, my sewer-certificates, I think they are all sold with the ex- ception, perhaps, of ten thousand. Q. What is the amount paid for those certificates in this city ? — A. About 0.") cents, I think. Q. Now, what amount of auditor's certificates do you liold.' — A. Something in the neighborhood ot one hundred thousand dollars. Q. What are they worth in this market ? — A. 1 think about 48 cents. Q. You are constructing the Tiber Creek sewer ? — A. Yes, sir. 1448 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Do you know what is the whole amount of work that .you have done since the 1st of January last'? — A. We have not done but very little ', I could not tell exactly— perhaps three hundred feet. Q. What price are you g'etting for putting down the Tiber Creek sewer ?— A. We get $82.50 a foot. Q. And furnishing all material ? — A. Yes, sir; and doing all the work and making all the excavations to width. If there are caves, such as you saw the other day, of any importance, of course we expect to have extra compensation for them. The estimate for that work is founded upon the engineer's statement, of about 45 feet in width, I think, and so many feet in depth. Anything that should cave beyond that we were to receive extra compensation for. Q. What is the actual width of your excavation? — A. The actual width of the foundation is 32 feet, I think, and slopes out 45 feet at the top, 1 think. Q, What caves beyond 45 feet you claim extra for? — A. I think it is 45 feet. The engineer's statement will show that, upon which the con- tract was based. Q. For what length did you get paid $82.50 a foot? — A. For the whole length, Q. What is its length? — A. I guess it is about forty-five hundred feet. Q. What is the deepest excavation on that sewer ? — A. Thirty-seven feet ; but that is only in the hill at one point. By Mr. Thueman : Q. Where does this sewer begin ? — A. At E street and iSTorth Capitol street. Q. Then your work is all on North Capitol street ? — A. Yes, sir. Q. You have not the contract northwest of "North Capitol street? — A. That is in the Adams contract; Adams's contract empties into ours at North Capitol street and O street. Q. Y'^ou begin where his sewer strikes North Capitol street ? — A. No, sir; we begin at E street, here. Q. And end where his comes into O street ? — A. We begin at the bottom and work up. Q. Y(mr contract is, then, from E street to \vhere his sewer crosses North Capitol street, which is at O street? — A. Yes, sir. Q. Did you receive from the board of public works a note to appear at this opening of bids? — A. I think I did. I would not be certain. Q. Have you that paper here? — A. No, sir; if 1 received it it was simply a notice that there would be a meeting of contractors at that date. When we put in our bids the first of September, the board re- ceived them ; and, if my memory serves me, they were all read and taken down — the bidders' names and what they offered to contract to do the work for. I remember they told us they would have a meeting at some future time, and they would give us the result of their action on those bids. Q. Have you ever done any kind of work as to sewerage ? — A. Yes, sir ; we paved Maryland avenue and C street ; we put in a small sewer on Delaware avenue, here. Q. Bartlett «& Williams ? — A. Yes, sir. Q. Have you any knowledge of any bidder not being invited to ap- pear there at the opening of the bids ? — A. No, sir; I have never heard of any one being prevented from attending it. On the other hand, if my memory serves me, all those who put in bids were there. 1 know TESTIMONY OF LESTER A. BARTLETT. 1449 tlie room was full, and we were miiif^liiiff too-etber discussing the action of the board in reducing- the rates below au^- of the oflers. By Mr. Mattingly : Q. Did not some of your contracts require you to receive pay in sewer- certificates ? — A. This last contract I have does. By Mr. Christy : Q. Did you deposit, as required by the advertisement, the thousand dollars witli the register of the city of Washington? — A. Yes, sir; also the five hundred for either the Tiber arch. 1 think five hundred dollars was required; I also deposited that. Q. When did you first receive information that the contracts would not be awarded to the lowest bidders? — A. I never received any such information. Q. Did not you bid with the expectation of a contract being awarded to the lowest bidder? — A. I did; it was in the case of Tiber arch. We were the lowest bidders there by about ten dollars a foot. Q. Have you done all that work under the original award or price? — A. ^o, sir. Q. Was there not a very large increase subsequently ? — A. Yes, sir ; also an increase of the material used in the arch. Q. When was that increase to you made by the board ? — A. It was made before ever there was any arch completed. I could not tell you exactly when. In the first place, our bid called for certain size arch. The engineer then had uot confidence in the strength of that arch to hold the carriage-way, as this was to be built under Third street, and he required a greater thickness of brick, also more stone on the benches, and the increased price of Tiber arch was in proportion to the increased material used in its construction, or, in other words, I might state that our bid at 875 was a few cents below what the engineers had estimated the cost of that work would be. They took the estimate of so much a thousand for brick, and so much for excavation ; so nuich for stone- work. Then in the new plan the engineer gave us, we were allowed at the same rate, so much for brick, and so much for stone, and so nuich for excavation. That brought our price up to $102.50, if my memory serves me right. Q. Y"ou say there was a general discussion by the contractors at the meeting on the 14th of September, complaining of the price at which the board awarded the various contracts ? — A. I remember njy partner stated at that time — I think he stated it to the governor — that excava- tions could not be made at that price unless they were paid for the fill- ing also. Q. I do not want the discussion, simply the fact there was some. I will ask you this, if the contracts were not frequently taken by all to whom they were awarded ? — A. That I could not tell. Q. Were they not arbitrarily awarded to whomsoever they pleased? — A. No, sir; I do not think they were. I know we have had many con- tracts awarded to us that we have not taken — that we did not want. Q. That you had not applied for? — A. Well, with one exception. That word "applied for" might leave a wrong impression, because bid- ders in puffing in their bids oftentimes designate the streets. \Ye did the same if 1 remember aright; we did not receiv^o a contract for any street that we had designated in our bid, but received contracts for other streets. Q. At what rates did you sell them, your sewer-certiflcates ? — A. I sold some for 50 cents. Q. Uave you exchanged any of them for real property ? — A. Xo, sir. 1450 AFFAIRS IN THE DISTRICT OF COLUMBIA. Frederick Johnson recalled : Question. I find it stated in the seventh specification, under the first charge of the memorialists — That said board of public works, without any previous public notice, likewise agreed with the said John O. Evans, and his said associates, and caused the same to be in- serted in their contracts as follows, to wit: " Provided, that partial payments may be made under direction of said party of the first part, (the said board of public works,) otherwise than under the direction of said engineer, as provided above, if, in the opin- ion of the said party of the first part, the vigorous prosecution of the work will be pro- moted thereby," which provision is not in the printed blanks exhibited to bidders prior to the 1st day of September aforesaid, (see contracts Nos. 583, 293, 41, 27, 145, 190, 29, 42, 159, 31, 32;) thus enabling the said John O. Evans and his said associates to virtu- ally i>rosecute said improvements without advancing anj^ considerable cajwtal on their part, and to receive pay in advance of any inspection or estimate of the work done by them ; that said board of public works, likewise, to assist the said John O. Evans, and his said associates, permitted them to go as sureties for each other upon the bonds accompanying all of the contracts, so far as examined by your memorialists, and thus permitted Lewis Clephane to execute the bonds attached to contracts Nos. 293, 41, 145, 29, 42, 27, 159, 194, 31, 32, aggregating $171,000 ; the said Lewis Clephane, at the times said bonds are alleged to have been given, not being worth over $12,000, and thus, although by the rules and regulations of said board each contractor was required to keep the improvements made by him in repair for the period of three years, and such bonds being the only security required by said board of public worlis, each contractor by their rules being entitled to be paid in full on com- pletion of his contract, that said board of public works likewise, to aid and assist the said John O. Evans, and his said associates, made certain exceptions in their favor in regard to keeping said improvements in repair ; said rule to keep improvements in reiDair being universal in terms, and allowed said condition to be changed to keep in repair only one year. (See contracts of Lewis Clephane, Nos. 159 and 194.) That the said board of public works likewise, to aid and assist the said John O. Evans and his associates, unlawfully agreed to pay twenty-five cents per square yard for a wooden foyndatlon for the "Miller wooden pavement" in excess of the original con- tract prices, and long after the period jirescribed for the completio i of said contracts had expired, (see extensions to contracts with Lewis L. Filbert, Nos. 31 and .32.) That the said board of public works granted these iirivileges and advantages to the said John O. Evans, and his said associates, after the said 1st day of September, A. D. 1871, and withheld all knowledge of their intention to make these special arrangements from the bidders outside, and ignorant of the existence of said confederation, although they were important elements to be considered in preparing their said bids or proposals. Q. I will ask you whether you have made any examination of con- tracts entered into by the board of public works for the purpose of ascertaining whether this provision is limited by the contracts awarded to Mr. Evans and Mr. Clephane ? — A. I have, and I find it is not limited. Q. Can you state in how many contracts you find it incorporated ? — A. I find it in nearly all the contracts up until the time the new printed blanks that were used after the first blanks gave out. With very few exceptions, it is in all. If it is not filled in, it was a mere clerical error in the contract office. In earlier contracts, it was a blank space there, and that was written in. Not always the same thing, but always the ame idea would be conveyed. Q. In this, however, it is excluded. What is the character of the work ? — A. Of no aggregate amount of any great consequence, and sometimes the nature of the contract would not require anything of that kind, because, in contracts for furnishing tree-boxes, they would be paid for, not in certificates of the engineer office, or measurements of the engineer office, but upon the certificates of the officer or agent of the board designated for that purpose, who received the tree-boxes. The same in the case of man-hole tops and sewer-traps, or certificates of the superintendent of sewers, and in cases of a miscellaneous and similar character. TESTIMONY OF J. C. LAY. 1451 By Mr. Christy : Q. When were your blanks in fact prepared? — A. That I cauuot answer. Q. How long after the 24th of September? — A. That I could not say. I found them in the office when 1 first came there. Q. When was that f — A. In November, 1871, I think. Q. And they were then there pre[)ared ? — A. Yes, sir ; and all con- tracts were drawn, and it was as nuu;h a part of the clerk's duty to put tbat paragraph in as to fill in all other portions that should properlj' go in. Mr. J. C. Lay sworn. By Mr. Stanton : Question. Are you auditor of the board ? — Answer. Yes, sir. Q. You succeeded Mr. Meeds ? — A. Yes, sir. Q. You have been auditor since that time ? — A. Yes, sir. Q. Mr. Lay, in the 7th specification of the first charge I find it stated — a provision which I read a moment ago was inserted in certain con- tracts of Mr. Evans and Mr. Clephane, by which they were enabled to prosecute their improvements without advancing any considerable cap- ital, and to receive pay in advance of any inspection or estimate of work done by them. Do you know whether any bills have been audited without some certificate or estimate from the engineer ? — A. Xo, sir. Q. Since you have been auditor have you in all cases audited bills upon evidence from the engineer ? — A. Always ; never without. Q. You are the successor of Mr. Meeds f — A. Yes, sir. Mr. Stanton. If the committee please, we desire to cite another ex- tract from the journal of the board, having reference especially to the 8th specification of this first charge, in which it is stated that the board of public works allowed additional compensation to that provided for in said contracts, to the said Lewis Clephane, by increasing the amount to be paid for grading from 20 cents per cubic yard to the board prices established January 22, 1872. The extract from the journal I will liand to the reporter. It shows that this increase was general, and applied not merely to contracts of Mr. Clephane or Mr. Evans, but to all contracts. The order is as follows : Board of Piblic Works, DlSTlUCr OF COLUJIIUA, WuKhiiujton, January 22, 1872. The board met at the usual hour. » # # » * * » Ordered, That the price of o;ra(liiig he fixed from and after this date at SO cents per cubic yard, including the hauling, not to exceed 200 feet. For each additional 200 feet one cent additioual per cubic yard will be allowed. » » # # > William R. Smith sworn. By Mr. Stanton : Question. You are public gardener? — Answer. No, sir; superintend- ent of the Botanical Gardens. Q. You are a member also of the parking commission appointed by the board of public works ? — A. Yes, sir. Q. Who composed that ])arking comiuission? — A. Mr. Saunders, of the Agricultural Department, .Mr. Saul, and myself. Q. Will you state more precisely the i)osition which Mr. Saunders and Mr. Saul respectively occupied ? — A. Mr. Saunders is in charge of the 1452 AFFAIRS IN THE DISTRICT OF COLUMBIA. Agricultural Department ; I am in charge of the Agricultural grounds ; and Mr. Saul is a nurseryman of experience in this city. Q. Are both Mr. Saunders and Mr. Saul experienced i^ersons? — A. I think they have extraordinary experience in that matter. Q. When was the parking commission appointed ! — A. I could not tell without looking at the papers. Q. How long have you been acting ? — A. I think about two years ; maybe more. I didn't recollect the date at all. Q. Of what have you had charge under the board of public works ? — A. We are an advisory board — advising them as to the most judicious manner to conduct the planting of trees, and also occasionally advising them as to the matter of parking. Q. And sodding? — A. Yes, sir. Q. Has the purchase of trees and planting of trees been done under the direction of the jjarking commission ? — A. Yes, sir. Q. Do you know -what the price of planting trees under the board has been, including purchase and planting? — A. We recommended a certain price. It is very difficult to come at the exact cost, because one of the contingencies is the accidents that occur to trees in the streets. They have a great many enemies — dogs, men, horses — evevj- thing, in fact, seems to be an enemy. And malicious boys, also, destroy our work. Que of the worst troubles is the maliciously mischievous l^eople destroying the trees. Q. What is your estimate of the cost "? — A. Here is a paper. The esti- mate is six dollars. Q. Will you give the items that enter into that aggregate ? — A. Here it is. (The witness then read as follows :) Washington City, J|j?'jZ 21, 1874. Hon. Board of Ptiblic Works : Gentlemen : In answer to yonr request, asking for a detailed statement of the cost of tree-planting in this city, the following statement is submitted : 1. Collecting surface-earth and street-manure, and mixing and preparing the fsame $0 50 2. Digging and picking out hole 30 3. Removing clay from hole, three loads 75 4. Hauling prepared earth, three loads 75 5. Cost of tree, insured to grow 1 25 That, I think, is a little too low; but in making up this estimate, Mr. Saunders and myself had to guess as near as j)ossible at these various items. The witness resumed the reading, as follows : 6. Planting and transportation from nursery or depot $0 20 7. Box 90 8. Stakes for box ; putting up and strapping trees 35 9. Whitewashing box and repairing damages to same for one year 30 10. Repairing around the tree 60 11. Distributing-box 10 Total 6 00 Respectfully submitted. W. R. SMITH, Chamnan. WM. SAUNDERS, Secretary Parking Commission, Q. What have you to say in regard to the reasonableness or unreason- ableness of that estimate? — A. 1 think that is a fair estimate, and it is as cheap, when well done, as it is in any city in the world. In Paris they TESTIMONY OF WILLIAM E. SMITH. 1453 cost double that. In Paris tliey usually take trees and grow them ; even our coininoH i)laue-tree or buttou-wood, as it is called, is grown for live years before they will risk it in the street. They give it live years' train- ing. We aim at that in onr reserve garden out here at the poor-house. We have not been able to give them that length of time, although it is much better to do it. For instance, we have ventured to dig trees out of the woods, and plant them in the street without any preparation, and I am almost certain wa will lose fifty per cent, at least if they do not all die. And if they do not all die we will prob- ably wish thej' had, for they will probably drag out a poor existence. Nothing is pretty in a half dead condition. When they are healthy, vigorous trees, then they are an ornament ; but sickly trees are not. I almost regret we ventured on that ex[»eriment. These trees cost noth- ing but the labor, it must be remembered. By Mr. Mattingly : Q. If they do not die you think they ought to ? — A. Yes, sir ; a good many of them. By Mr. Stanton : (}. What has been the quality of trees planted in this manner under direction of the board ? — A. The best collection of trees planted in the streets of any city in the world. I was looking last night at Horst- man's list, and his best tree is our American plane. Then that is our cheapest, if I might use the term, meanest tree. We go and take the higher class entirely. For instance in one street (Sixteenth street) we put a magnificent tulip poplar, the queen of trees, if I may use the expression. Again we ventured and are inclined to transplant here the Chicago maple, another magniflceut tree not tried anywhere else in the streets. ]Mr. IIA3IILT0N. They are in my place. Mr. Wilson. We have got the prettiest ones you ever saw at my home. The Witness. What I say is that they have not got them in a whole- sale way in the streets. AVe have them here. Also in Georgetown they had magnificent ones. The finest tree we have probably selected for the avenues is the American elm, of which there is a magnificent specimen, supposed to have been planted by General Washington, right out here. That avenue out there is planted with them, and on the avenues gen- erally we are planting elms — the English elm. The English elm has given a bad reputation to the elms in this country, because it is eaten up by insects. One of our chief troubles is the insect. They are small enemies, but so numerous that it is more difficult to overcome them than larger ones. Q. In the testimony of Mr. William Douglass, who was examined here, I find it stated that he furnished trees to the board of public works at the rate of 840 per one hundred. Are you aware of the pur- chases made from Mr. Douglass ? — A. I recommended the ])urchase. Q. What do you say in explanation of the rate paid to him, and the price it costs the board to [)lant trees f — A. We will take those trees and grow them for two and probably three years before we plant any of them. There is great risk always. All men of my profession know the danger of taking trees from the woods or the fields and taking them from uncultivated grounds. Q. Tlien the trees were bought from him as they were gotten from the woods, were they ? — A. Yes, sir; and transplanted to the poor-liouses, and some of them are down there, and some at the poor-house grounds in Georfietown. 1454 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. When was that nursery started at tbe poor-house ? — A. At the beginuiug. Q. Was it done by the board of public works? — A. Yes, sir; at our request. The idea was takeu from Paris, where they have forty acres of ground devoted to the purpose of growing trees alone, independent of the other nurseries for growing plants and flowers for the decoration of Paris. Q. Then, as I understand it, these trees, for instance, as bought from Mr. Douglass, were brought from the woods aud then transplanted to this nursery, and selections afterward made from them ? — A. Yes, sir. Q. And some of them died, perhaps, in the nursery "? — A. A good many. We expect to lose in the nursery, and we expect to expend labor in improving them there ; but, as I said before, we have riski^d some of these in the streets, and I think if I have made any mistake it is in recommending that. For instance, I made a present to the board of public works of 2,000 trees. They were planted right in the streets in some cases— a few of them, say about 200 of them, of this tulip pop- lar. I do not consider that it is a good plan to do it. I made the recom- mendation because of the anxiety I felt to have the city decorated with trees. Q. Some testimony was given here about the cost of sodding and the price paid for sodding around the botauical grounds. Y^ou may state what knowledge you have of that subject f — A. Mr. Clark, the architect, who disbursed the money had charge along with himself. He got some sodding done for 25 or 30 cents, and there were other bids from experts; 40 and 25 cents were the bids of the other two ; 25 cents was the bid of Mr. Sullivan. That was a peculiar case. He said he was determined to have it — he must have work for his horses; and I do not think that is a fair sample of work of that kind to be done. While it was done under my own superintendency, and done really well, considering it was the last of the season, we had scarcely time to do it. In fact, the sods were all put down frozen and then fixed a little afterward. Q. What season of the year was it? — A. Just at the end of last season. Q. It was done, then, when he had not other appointments for his horses"? — A. The other two were forty and forty-five cents; and the sum was discussed, and he said he would not do it for less. Three horses and a boy, and he jjut in eight inches of soil aud sodding. Q. I understand you to say that all these bids were influenced by the consideration that it was the season when there was no other occupa- tion °? — A. Yes, sir ; it was cash. Q. What was included in that job ? — A. Only on First street ; a little strip. Q. Was there any grading or anythingof that sort ? — A. No grading ; I had first taken away all the superfluous material, and taken care to make it eight inches. I do not think any sodding should be done that has not suflicient soil underneath it. Q. Then the proportion of the ground was not included in that con- tract? — A. Not at all; I loosened up the soil underneath, which is one of the requirements of the specifications as ])repared by Mr. Saunders and myself, and sent to the board for their guidance, published with the name of the board attached to it. Q. This piece of ground is level, is it not, and the job is a com- paratively easy one? — A. It is what we would call a smooth, easy job, and I would not cite it as a criterion to go by at all. I do not think, if Mr. Clark's attention was called to it, that he would. Mr. Clark con- sulted with me in these matters very often. TESTIMONY OF WILLIAM R. SMITH. 1455 Q. As a general tiling, how has sodding been laid nnder the board of l)ublic works? — A. Sodding has been laid, as a general thing, very well. Q. Do you know who lixed the price for which sodding was done un- der the board? — A. IVIr. Saunders and myself reconiniended 50 cents. Q. Do you regard that as a reasonable price "i — A. 1 think it is a rea- sonable price, and a fair price for sodding and putting the soil under- neath. Q. You and ^Mr. Saunders prepared, also, the specitications, did you not 1 — A. Yes, sir. Q. And that was prepared with care? — A. Prepared with care ; it was ]U'epared, 1 may say, by Mr. Saunders, and indorsed by me; few men have hnd as much experience as Mr. Saunders. Q. What was the price originally fixed by the board, do you know ? Was it not 25 cents? — A. I do not exactly recollect how the various questions were discussed by us, but the final conclusion was to put the requisite amount of soil and sod and pick up the soil underneath, &c. T know that it was worth that, and I think so still. Q. A witness by the name of Huber has testified here that some pub- lic property was taken to build a stable of yours. He says : I received a request from Mr. Smith. Ho is the chairman of the parking commission of the Botanical Gardens — the superintendent of it. We had some reotanical Garden. Q. ^Vny place, else ? — A. On some of the streets leading from there. Q. What streets? — A. Maine avenue, I think, in part. I did not see it all. Q. Any other street or avenue ? — A. No, I could not name any other street where they have been, ^ly memory would not serve me as to that. Q. As to Maine avenue, you say that you saw the plans complied with ; that is what you saw — six inches of dirt and eight inches of loam plac<'d under the sod two inches deep ? — A. Not entirely; in [)art. Q. What parts of it otan- ical Garden and a small portion on Maine avenue, that is near to the 92 D c T 1458 AFFAIRS IN THE DISTRICT OF COLUMBIA. Botanical Gardeu ! — A. Yes, sir. I could not speak positively as to Maine avenue. Q. Is not this the fact : tliat your g^eneral observation teaches you that the specifications have been disregarded ? — A. I thiulc they have not been com])lied with. Q. Do you know how the planting of the trees is paid for — whether they are planted by the day's work ? — A. Day's work entirely. By Mr. Wilson : Q, I have looked at your report of your parking commission for 1872 and for 1873 both, and through the governor's Answer, and I can- not find in any place any statement as to what this tree operation has cost. Have you kept any account as to what it has cost? — A. We did not ; the board of public works attended to that matter. Q. Do you know whether the board of public works kept any account of the cost of these trees? — A. They kept an account of the men's time; it is kept regularly where they are at work. Q. This matter of the cost of trees, then, is A. Arbitrary; entirely arbitrary. Q. Is not that a Httle sort of a fancy sketch, sir I — A. Not a bit of it, sir. Q. How large are those holes dug ! — A. We took a square yard of material. Q. In the first i)lace, you took up the pavement f — A. Yes, sir. Q. Then you dug out the holes and carted away the dirt ? — A. Yes, sir; the soil here is very poor. Q. I understand that. Now I notice, in your statement that you read here a moment ago, that you charged 60 cents for laying that pave- ment down again, with the brick all there ready to your hand. Is not that a little steep ! — A. I do not think it is. Q. Do you think that 60 cents is a reasonable price for laying down •a yard of pavement, and the l)ricks all furnished ? — A. You have to pay a high price for the bricklayer, and the bricklayer or paver gets $3 or $3.50 a day. Q. I notice here that the bids for putting down brick pavement and furnishing the brick is only 80 cents a squaie yard ? — A. Yes ; but you can lay a square yard quicker than you can put an edging on. You liave got to break your brick. Q. That is your estimate as to the price? — A. Yes, sir; I regard it as very reasonable, always bearing this in miiul, that the trees are to be replaced if they die. For instance, you may have to do it over again in certain cases two or three times. If a horse drives over the tree-box, that has to be replaced, and it is no further expense to the property- ii older. Q. No tree ought to die if it is planted as well as you planted yours here ? — A. O, yes, it will. With the best physician, people die: and as with them, so with trees. By Mr. Thurman : Q. How deep is the excavation ? — A. Two and one-half or three feet By Mr. Wilson: Q. I have one word further. 1 see you have charged $13,236 for trees and boxes on Massachusetts avenue, and I want to know whether they will grow and make it the most magniticent avenue in the world? — A. If t!:ey aiv.' cnrefiilly attended to after they are i)hinted, and we have TESTIMONY OF WILLIAM K. SMITH. 1450 a good class of citizens living on it ; because that is one of the great troubles. Witli low groggeries and such places, we cannot keep trees iUive, to save our souls. That is the greatest trouble we have. Gen- tlemen who keep mean liquor of any kind, it acts on the trees so as to kill them at once. By the Chairman : Q. Are these all linden-trees on Massachusetts avenue? — A. AH American linden. ^,Q. Is that what the common people call the linn-tree f — A. The linn- tree — the basswood. By Mr. Wilson : Q. That avenue has been selected as being the place to put these lin- den-trees on f — A. Yes, sir. Q. Are those regarded as the most expensive tree ? — A. They are a very expensive tree ; slow to get up to a proper height. Q. Do you think yon can plant them at $0 apiece? — A. Yes, sir. Q. AVhj- can you not plant the cheaper trees at a good deal less price ? — A. We were to give a recommendation that woukl be general. Q. If you were to i^lant in front of. my property a tree that is worth a quarter of a dollar, and iu front of Senator Thnrman's property a tree worth a dollar and a quarter, it would not be fair to charge me the same price y«)u did him, would it ? — A. Well, you see, you only pay for one- sixth, as 1 understand Q. It does not make any difference whether I pay for one-sixth or pay for the whole, in tlie view I take of it. — A. When that is divided it comes to be a small matter. Q. But yon know these drops make up an ocean ? — A. That is true, and the object I had in view was to get these trees carefully attended to and well planted. Q. You wanted to get everything magnificently fixed up here ! — A. Yes, sir ; that Avas my object. By Mr. TiiuiiMAN : Q. Where do they get these linden-trees ? — A. They come from West- ern New York. By Mr. Mattingly : Q. How much more do they cost apiece than other trees ? — xV. About twenty or twenty-five cents. By Mr. Thurmax : Q. At what age are they set out '? — A. I would prefer, for instance, that we should have them in the nursery for a year. They are set out — about five or six years. By the Chairman : Q. Uow are they doing on Massachusetts avenue ? — A. The last time that I looked at them — I have not been there for two weeks — they had not begun to bud and I could not tell, but they seem to be doing- very well. By Mr. Wilson : Q. There are about three-fourths of them that have not been planted on Massachusetts avenue yet ? — A. We are itlantiug to-day. The holes are prepared, and we have the trees in hand. 1460 AFFAIRS IX THE DISTRICT OF COLUMBIA. Q. That is very poor consolation to a property-holder. — A. That preparations are being made for decorating his home ? Mr. Wilson. Bnt after he has paid for it he thinks he ought to have the tree. — A. The trees are to be paid for before we get them here. By Mr. Tiiurman : Q. What kind of soil is there on Massachusetts avenue '? — A. Mixed — clay and gravel. Q. That tree grows in great abundance in my State, but it only grows on rich land. — A. And on limestone; we are taking care to provide it with limestone. Q. What kind of earth do you fill up these excavations with ? — A. We get top-soil as good as we can possibly get. It is hard to obtain j sometimes we have to haul it two miles. We get little pieces of it here and there and have it stored in some places. For instance, our chief store is about a mile from here. W^e have a lot out there. All around here you have to haul the soil either from Lincoln Square or over near the monument. That is what makes the thing expensive. By Mr. Wilson : Q. The growing of that tree here is really an experinieat ? — A. It is no longer an experiment. Q. I do not mean down in your garden ; but it is as a shade-tree along the sidewalks ? — A. You can see about it if you come down there; there are living specimens that will tell their own story. Q. How long have they been growing there"? — A. They are ten years old. Q. How large are they ? — A. They are 25 feet high, and in two exact columns, planted for the purpose of education on that subject. By Mr. Mf-rrick : Q. How old are they 1 — A. I think they have been planted about ten years. Mr. W^ILSON. I would like a statement from the board of public works as to the cost of these trees. I was looking through the Answer of the Governor, and 1 could not find anything as to the cost of them. It enters into the general cost of the construction of improvements by the board, and we will have to have them before we get through. Governor Shepherd. I will have them made up. Mr. Stanton. I have here a report dated May 17, 1873, made by the parking commission, in which they state that they have calculated the cost of each tree and find it will be $0, coinciding with Mr. Smith's testimony. It reads as follo%\s : Office PakkinCx Commission, City Hall, TVashin(jton, D. C, May 17, 1873. Dear Sir : The parking commission respectfully state that they have carefully cal- culated the cost of each tree planted by the board of public works in the streets of this city, and find that it amounts to the sum of .f6. ITEMS OF EXPENDITURE. 1. Cost of tree. 2. Transportation of tree. 3. Collecting and preparing compost. 4. Digging hole, and removal of three loads of soil. ^. Hauling three loads compost to each hole. 6. Planting tree. TESTIMONY OF WILLIAM R. SMITH. 14G1 7. Cost of liox for tree. 8. Placiiiji l)ox. ;t. Wliitewasbing box. Very respectfully, WILLIAM SAUNDERS, Secretary Parking Commission. Hon. A. R. SiiKi'iiKiM), Vice- President Board of Public il'orks. IJOAUD OF Pl'HLlC WORKS, DISTRICT OF COLUMBIA, Washington, May 20, 1873. Respectfully referred to the auditor. By order of the board. CHAS. S. JOHNSON, Assistant Secretary. I have also a report of May 10, 1872, relative to the cost of sod and soil, upon which the price was fixed at the rate of fifty cents, as follows : To the Board of Public Works ; With reference to the subject-matter of Mr. Murdock's letter, which is herewith attached, it will be recollected that, in givnng an opinion relative to the cost of sod- ding, it was expressly stated that sod could be furnished and laid for 25 cents per square yard. This had nothing whatever to do with furnishiug soil or grading, ex- cept so far as merely making a smooth surface for the sod. It is difficult to present a scale of prices for such work. In filling up low places it is frequently just as easy to use good soil as to use bad soil, but where the entire depth of 8 inches of good soil has to be provided, then it might be considered an equivalent to add 25 cents per square yard, in addition to the price of furnishing and laying sod. The superintendents might exercise due discrimination in this matter. WTLLIAM SAUNDERS, Secretary Parking Commission. Board of Public W^orks, District of Columbia, Washington, May 10, 1872. Respectfully referred to the auditor, who will please investigate the within-men- tioned matter and report a fair price, to be established by the board. By order of the board : CHAS. S. JOHNSON, Assistant Secretary. Respectfully returned with report that no arbitrary price can be fixed for sodding that would be fair in all cases. Both soil and sods will have to be hauled on some jobs a much greater distance than on otheis ; in some instances both soil and sods will be obtained by the contractor for nothing, wliile in others they will have to be paid for. Should it be determined to fix an arbitrary price I would report that fifty cents per square yard is a fair price for furnishing soil and sods and laying the same accord- ing to the specifications of the board. BENJAMIN N. MEEDS, Auditor Board of Public Works. :SIay 15, 1872. I fully concur in the abovx statement, and add that in my opinion three inches of good soil is quite cuough under sodding. R. C. PHILLIPS, Chief Jinqineer. May 15, 1872. May 17, 1872. Respectfully n-turned to Benjamin N. Meeds, esq., auditor, approved. Fifty cents per scpiarc yard will be allowed for the within-mentioned work. By order of the board : CHAS. S. JOHNSON. Assistant Secretary. Wasiiixctox, D. C, May 4, 1872. Sir: I have bcfin-e me a circular of the Itoard of ])ublic works, bearing date .\pril 24, relative to parking, wiiich calls for 8 inches of soil and 2 inches of sod. 1462 AFFAIRS IN THE DISTRICT OF COLUMBIA. The contract price fixed by the board is 25 cents per square yard for parking, and I would ask your attention to the fact that it is utterly impossible to put any soil under the sod for that price, and respectfully ask that you will call the attention of the board to the matter, and have them fix a price for soil so that contractors on such work may know what to do. If yon will be kind to communicate th(^ decision to me, I feel very much obliged to you. Respectfully, W. C. MURDOCK, Superintendent Neiv York Avrvue. P. S. — After a careful examination of the figures, I should saj' that ri inches of good soil would be worth 50 cents per square yard. W. R. S>riTii, Esq., Chairman of Farlutg Commission, Board of PuhHc H'orks, I also ofler a communication addressed to the parking commission on September 22, 1873, by the board of public works, informing the j^ark- ing commission that in future no payment for parking will be made unless vouchers are accompanied by a certificate from the parking com- mission that the work was done in accordance with the specifications, and the same in regard to parking fences. They are as follows : Board of Public Works, District of Coiambia, WasMngton, September 22, 1873. Sir: lam directed by the board to notify you that all accounts for parking and parking-fence must bear your approval before any settlement will be made. The only exception to this order will be the fence constructed on New York and Pennsylvania avenues. Very respectfully, CHARLES S. JOHNSON, Secretary. W. R. Smith, Esq., Chaii~man Parldng Commission. Board of Public Works, District of Columbia. JVasJiington, September 22, 1873. Sir : I am directed by the board to inform you that, in future, no payment for park - ing will be made unless the vouchers are accompanied by a certificate from the parking commission that the work was done iu accordance with the specifications. Very respectfully, CHARLES S. JOHNSON, Secretary. W. R. Smith, Esq., Chairman Parking Commission. The committee here adjourned to 10 o'clock a. in. to-morrow. May 1, 1874—11.35 a. m. A. B. KiRTLAND sworn and examined. By the Chairman : Question. Your name, sir, has been familiar to the committee for some days in connection with what is known as the l)e Golyer & McClellan contract with the board of public works of this District. I wish you would state to the committee all that you know in regard to that sub- ject. Tell all the facts.— Answer. Well, Mr. Chairman, I came here without counsel at all ; I put myself right in your hands. I suppose you are as much my counsel as anybody. I have no statement to make, and no grievances to make; nothing to complain of. I shall be frank and brief. I hope that vou will get all there is about the 172,000 out TESTIMONY OF A. B. KIRTLAXD. 1465 of me ill a few niinntes — that is, all 1 know about it. I have no state- ment to make AAiiatever. 1 have not jjrepared any statement. If you will tell me Just what you want. I will try and be brief and answer you frankly. Q. Were you in the city of Washington in the winter of 1871-72 .' — A. Yes, sir; I think I canu^ here in December, 1871. (}. When did you tirst become acquainted with ^Ir. (ieorge 11. Chit- tenden :' — A. I became acquainted with him at the Arlington Hotel; but what the time was I do not know. I met him at the table. C^). What arrangement did you enter into with him, having reference to the procuring of contracts from the board of public works? — A. He told me that he had a margin of 50 cents from his principals to give to any person who would be intluential in getting them a contract, and I went to work on it on that basis. Q. On the basis of 50 cents ? — A. He said that was what the margin was. Q. Were you to receive 50 cents per square yard ? — A. He was to pay 50 cents. I got at the rate of about 30 — at 30, I think. I asketl him no questions as to what he did with the balance. Q. Why did you make that arrangement with Mr. Chittenden ; had you any means of procuring contracts I — A. Only to work at them. (). How, sir ! — A. Only to work at them. (^>. How did you work f — A. Well, I do not think that has anything to do with the matter that you have before you. I worked in a good many different ways. Mr. Stewart. That is the very thing we want to know — how you did it ; how you worked, and who you worked with. By the Chairman : Q. We want to know what you did. — A. Well, I didn't work with any member of the board, nor anybody connected with it. Q. With whom did you work ? — A. I do not know as I worked with anybody. Q. You never spoke to anybody on the subject '? — A. ^^'hy, yes ; I have spoken to several on the subject. Q. Well, to whom ? — A. Well, to thousands, perhaps. Q. Did you ever speak to Governor Shepherd ? — A. Never, in relation to a contract. Q. Nor to Governor Cooke '? — A. Never. Q. Nor to any member of the board ? — A. Nor any member of the board. Q. Did you ever ai)pear befo ^ e board f — A. No. (^. Did you have any confei* n e or interview with any gentlemen that you expected would appear oefore the board with reference to it? — A. Never. Q. Did you have any interview with any one that you exi)ected would speak to any member of the board upon this subject ? — A. Yes : I think I did. (), Wlio ?— A. William A. Mo(ne. (}. Who is he? — A. William A. Moore testified here before you, I be- lieve ; I luesiime he is a j)artiier now of Mr. Shepherd ; at that time he was not. (^>. You spoke to him '. — A. Yes, sir. (^). When did you speak to hini ? — A. I spoke to him about the time that 1 commeiiceil work upon this contract. 1464 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did you speak to him before you had concluded your arrange- ment with Chittenden ? — A. No, sir. Q. You had made your bargain with Chittenden first ? — A. Yes, sir. Q. Then you spoke to Mr. Moore ? — A. Yes, sir. Q. What did you expect him to do "? — A. Well, 1 did not expect him to do much, except to ask Mr. vShepherd how that contract — what the board had done from time to time, and to keep me posted. Q. To keep you advised ? — A. Yes, sir ; so that I could report to Mr. Chittenden. Q. He promised to do that ? — A. I don't know as he i^romised to. He said he would do all that he could through the clerks, perhaps, in the office — the secretary. Q. He promised to help you in that way, did he ? — A. No, he didn't promise anything of the kind. He said, as a friend, he would do what he could. Q. Did he ? — A. I don't know. T have no knowledge of it. Q. Did you ever speak to him afterward. Is that the only interview you had with him ? — A. O, I was in there several times. He was an old acfpiaintance and a particular friend. Q. You spoke to him, though, again about it, did you not? You had more than one interview with him on this subject before the contract was let ? — A. I think I did. Yes, sir ; before the award was made. Q. Did he not report to you from time to time? — A. Never until I went for him. Q. How, sir ! — A. He did not report to me, except that I went to the store. Q. Of course I understand that ; you went to the store to find out how matters were getting on, and he would tell you I — A. He would tell me if he knew anything; it was very seldom that he knew any- thing. Q. Then you would report to Chittenden ? — A. Yes, sir. Q. What would you tell him ! — A. I would tell him that things were progressing as fast as they could. Q. Mr. Chittenden makes the same statement: he says that is what you reported to him. Did you have any conversation with anybody else except Mr. Moore? — A. Not in regard to this contract. Q. Nobody else f — A. No, sir. Q. At no time before the award ? — A. At no time ; nobody connected with the board or in Washiugtou. Q. I am not speaking of that ; I am speaking of any gentleman who helped you in any way, whether in Washington or out of it — A. No, sir ; nobody helped me at all. I do not know that Colonel Moore did. Q. You had no other one that you spoke to on the subject? — A. No, sir; I have spoken to thousands, and written to them — my friends. Q. I do not mean in that sense; I mean in the sense that you expected either to acquire information from them, or influence with the board. — A. I have inquired of clerks up in the oflice there whether the award had been made, from time to time. Q. You went into the office of the board of public works occasion- ally? — A. I went in there once or twice, to the contract office, to see if that contract had been on file, oi something of that kind. Q. But you spoke to nobody excei)t Colonel Moore on the subject, with a view to secure influence with the board? — A. Well, I did not suppose he had any influence; in a friendly way he would ask Mr. Shep- herd, I suppose, what prospects there were, or something of that kind. TESTIMONY OF A. B. KIRTLAND. 146^ Q. But be is the only person that you expected to acquire information from upon the subject l — A. He is tlie only person. Q. Did you know theKev. William Colvin Brown ? — A. Yes, sir. Q. Did you ever speak to him on the subject? — A. We have had con- versations in regard to it. Q. General conversations ? — A. Yes, sir. I did not know that he was interested in it at all. Q. Y"ou did not 1' — A. Xo, sir; had no idea of it; I knew he was in- timate with Chittenden ; I met him in tlie room. Q. He had no part of your thirty-six cents a yard ? — A. No, sir. Q. And you were not relying^ upon him at all to do any service ? — A. No, sir ; I do not think I would rely upon Brown for anything-. Q. Did you not have some other party that you relied upon in some way to help you with the board in securing this contract? — A. I never spoke to a party except those that 1 have mentioned, sir. Q. I did not ask you whether you ever spoke to anybody ; but did you not rely on somebody outside of Colonel Moore to influence the board of public works ? — A. Well, I do not exactly comprehend the question, sir. Q. You say to the committee that Colonel Moore was, in a friendly way, to help you, and that you never spoke to any member of the board of i)ublic works. Now, how did you expect to succeed, unless through somebody that could help you with the board ; and if there was any such person that you spoke to or did not speak to, who was that per- son f — A. I do not know what influence anybody arouiul town would have with the board to secure this contract. 1 presume there are a dozen. Mr. Chittenden told me of nobody that had any interest in the contract; he did not tell me about Brown. Q. I am not asking you about Mr. Chittenden. You undertook, with Mr. Chittenden, to secure this contract? — A. Yes, sir. Q. For a consideration. Now you state to us that you never spoke t3 a member of the board ? — A. Yes, sir. Q. And that you only relied u])on Colonel Moore in a friendly way to help you. How did you expect to succeed? — A. I expected the pave- ment was good, in the first instance, and I pi-esumed the contract would be awarded. Q. You expected, then, to succeed, not upon anything you would do or have done? — A. Tlie ai)])ropriation was nuide. TLie> wanted tlie con" tract, and I did not sujjpose the contractors would have come here if an appropriation had not been made. The api)ropriation was made and they had the contract. (^>. Then you ex|)ected, in other words, to do no serxice whatever for the amount of money you were to receive. Is that what you mean? — A. The person that employed me was satislicd, and I was satisflcd. Q. Is t'uit what you mean to have us understand, that you exi>ected to do no service — to i)erform no service for tiiat? — A. My principal was satisticd and I was satisfied. (}. That is no answer to the (juestion. I want it answered, — A. What do you want answered ? Q. You ex]tt'ct<'il To recei\e 30 cents per square yard ami lender no service in n'tuni ? Is that what you want us to iinderstand ?— A. 1 think 1 rendered some service. Q. Wlat '. — A. I was here about five months. (i. What did you do ? Tliatisjust what we wan'cd toliiidout. — V. It would take a long time to tell what 1 did. (,>. We have plenty of time to hear all that you did in relation to this 1466 AFFAIRS IN THE DISTRICT OF COLUMBIA. contract. — A. Well, you will have to ask me questions ; I cannot tell you. If you will tell me what you want to prove — I do not know wbat the case is, and I have paid no attention to it. 1 do not know what the charges are against the board of public works. Mr. Thurman. You need not trouble yourself with what the charges are against the board of public works. By the Chairman : Q. Did you do anything whatever for this $72,000 which you received in notes 1 — A. I consider that I did. Q. What did you do 1 Just give us one single item of work that you did. — A. I reported day by day to Cliittenden. Q. Eeported what ? — A. That the thing was progressing, aud that tlieie was a very fair chance that we should get the contract. Q. How did you know that? — A. From the fact that the pavement was good, and he stood as good a chance as anybody. Q. iSTot from anything anybody told you I — A. Xot from anything anybody told me. Q. Now, do you think that was an important performance on your part to report to Chittenden every day that he had a good pavement, aud that you thought he stood as good a chance as anybody ? Do you consider that as important work I — A. I do not know ; I think it was pretty important — yes. I have nothing in the world to conceal here, Mr. Chairman, at all, and I am willing to answer all questions frankly, touching the board of public works. They have never received a dollar of that money ; no member, and nobody connected therewith ; and in- jured more than it has benefited me. By Mr. Hamilton : Q. You seem to have been disposed to evade giving evidence here. Have you not kept out of the way of the board, and out of a sub- poena ? — A. 1 came here two weeks ago. Q. Answer that question first. Have you not kept out of the way purposely and designedly to avoid giving evidence in this case "i Say yes or no. — A. Well, I will say Q. Yes or nay ; now, let us have an answer to that question, one way or the other. Have you or not kept out of the way of the pro- cess of the committee — avoided being a witness here purposely and designedly? — A. No, sir. Q. You say not ? — A. No, sir. By the Chairman : Q. Colonel Kirtland, you tell the committee now that you have nothing to conceal. That being so, I want you without any reservation to tell us what you did — what negotiations you made — what transactions you had with people, or with any i^erson whatever relating to this contract. — A. Well, I told you I had no statement to make, Mr. Chairman. What is it you want me to answer ? Mr. Thurman. The truth. The Witness. Well, you are obliged to believe that, ain't you ? I am nnder oath. Q. Well, then give it. He asks you what you did to earn that money ? Now, you know what you did. — A. I have told you what I did. Q. Have you told us all you did ? — A. Yes, sir. Q. Do you pretend that $72,000 was given to you to go about the streets here, and then report to Chittenden every day that things were TESTIMONY OF A. B. KIRTLAND. 1467 progressino- '? Do von expect us to believe that, sir ? — A. I told you you would liave to i)elieve uie uuder oath. Doift you believe me '. Q. Not if" you sto)) there, I dou't ; I tell you that, IVaiikly. — A. Welly you are obliged to believe lue. By ]\[r. Thurman : Q. Nobody else would, either. You know what you did with it. ])id you promise any of that money to anybody ? — A. I did after I got it. A. To wliom did you promise it? — A. Well, I promised a portion of it to William (1. Moore. Q. Why didn't you tell us that before ? You were asked what you did; you were asked whether you solicited influence. Why didn't you tell that before ? — A. Why, you had not got to the award yet. Q. Never mind abont the award — you were asked what you did. Now,, why did you promise that to Mr. Moore! — A. Well, it Mas because it was a pretty good thing. Colonel Moore and myself were old chums. Q. How much did you promise to Mr. Moore? — A. Well, I said, in a laughing'way, '' l>illy, if I get the money on this contract, I will go halves with vou." Q. Is that all?— A. That is all. Q. Did yon ever give him any contract I The Witness. Contract? Mr. Thurman. Yes, sir. The Witness. To Moore ! Mr. Thurman. Yes, sir. The Witness. No, sir. Q. Did you ever give him any writing? — A. I do not remember any writing. Q. Never gave him any writing? — A. I do not remember any. Q. Did you ever give him any promise in writing? — A. No, sir; not any promise in writing or anything at all, excepting', but in a joking* way, says I, " Billy, if this turns out all right, I will go halves with you.'' Q. Were you in earnest when you said that ? — A. Well, I felt pretty- good. Q. Were you in earnest ? Y"ou can answer that question. Do you mean what you say ? — A. Well, I generally do. (}. That is not the answer. Did you mean what you said that you told him you would go halves with him ? Did you mean you would go halves with him? — A. Well, I meant I would go i)retty nearly halves, I guess. Q. And you meant that he should understand it so, did you? — A. Well, I do not know. He did not Q. I do not ask you what he understood; but you nieant that he should understand it so, did you not? — A. 1 felt very liberal then; I do not know whether 1 meant it or not. Q. When did you say that to liim ? — A. That was after I received the notes. (}. That was after the award was made, was it not ; — A. Well, yes, sir. Q. How ? — A. Yes, sir; he did not get anything before the award was made. (). Vou got no notes before the awaid was made? — A. No, sir. (^>. What did you mean by saying to him that if things went right you would give him half the notes'? — A. If I could sell them. I did not think tlie man ex[)ected to pay the notes. 1 4t>S AiiAiKs IN nil: pisiKirr of coi.imiuv. l^V l>iil \ou over (Mlor him jiiHH'it'u-allv ouo ot' tho iu>tos ihomsolvos * — A. WoU. I think I did. <.»>. ^^■h^ dill vou <>lVi>r him tho notes '. — A. Well, boianso I did not think thi\v woio worth :i uivsit iloaL Q. That was tho roasou, was it ? — A. ^Voll, 1 do tuM know whothor tliat was tho reason ov not. bnt. savs 1. •• Hill.v. I will go halves with yon, and 1 will take nune out and sell them it" I ean uet anythinu." Q. Hid YOU I'onsider that he had done anythinu' that entitled him to that ? — A. No. not any more than I hail done. Q. That is no answer. l>id yon eonsider that he had done auythiuii- that entitled him to the halt ? — .V. No. sir. Q. You dill not? — A. No, sir. C^^. ^^ hy. then, ilid you pn^pose to liive "i^.Ui.lHH^ in notes to him it' he had done nothing' — -V. Well, an aet ot" eharity. perhaps. Q. That is your answer under oath, is ii'f — A. He said it would be a very eharitable thiui;". Q. Never mind. Is that your answer under t^atli. that it was an aet of eharity to otVer him those #o(i.iHKi:' Do you mean to sa\ on your oath that that wa^ii it? — A. I mean to s;iy that I did not i^ive him any money lor any eonsidenuiou or anythin*:" that he ever did. Q. You said that it was an aet ot" eharity ; do you mean that we i^hoidd believe that statment ? — A. He said. •• Colonel, you eannot do a nuMv eharitable aet." or somethiuii- ot" that kind, in a lauuhiuir w av. i^ And in a lansihinj;' way you proposed to c'lve him -;?;U»,000 ? — A. No. I did not say #o(5.000. i>). How mueh ? Yoti otVered lo cive him halt" the notes, did you not f — A. ^Vell. there weiv some proanses to pay : it w as a kind ot" an intkmon on a small seale. Q, You pivpv^^tHl to give him halt' ot" them without any eonsideration. *lid you. as an rtct of charity i — A, lie said it would be a very eUarita- Mo aet. Q. You answer ujy question diitH'tly. Do von say that it was an aet of eharity? — A. I did not know anythinii" about his eiivnmstanees : how ean I tell ? Q. l>ut you know what induv'od yon. 1 am talkiuii about yonr own nunives: you ouiiht to know them. — A. ^Vell. 1 shall not tell what iu- duiHHi u>e, l^). You shall not ?— A. YVhv should 1 ? Q. iMvause it is piv^Hn". I want to know why it is that you g-ave that man. or otVeit^i to uive him, that money for those notes? Mr. Svv.\v.vKi\ That is tho very essonee of the thing that we want to know. A. Well. I cannot jiive you any other answer than 1 have, Uy Mr. TiUR>iA> : Q. .lust \v{vat that answer. — A. That he was an old friend. Q. You g^we him, or otVeivd to give him. #;U?.iHH> in notes Kx'a use ho was an old friend; was that it ? — A. You eau eall if $oi».tHHX if you have a mind ti>, Q. That is what they [Miqvorted to be: we kaow- whether they wort? jiXHHior not : we have plenty of it»stimony on that subject. You ottered to give him the #;Ui,iKH> Invause he was an old friend, did vou? — A. Y»4. Q. Weiv you a vii»ry \vt»alihy man then '. — A. No. sir. Q. YYhieh do you s«VH^^<> ^^ »»* worth the un^t, he or yon, at that very time? — A. I told vou I did not knowanvthing alK»ut his ciivumstaiice^ TKS'riMONY OF A. I',. KIIiTLAND. 14C& Q. But you Just juoposffl, Ix^causc. }i«i was an old friend, to i^iv(t him •)!!.'j<;,000 '/ It was not cliaiity, tln-n, it was riicndsljip that induced you to do it'^ — A. He said it w(juld Ijc a very ('Ijaritable act. I was a very liberal man, I lropose to you to assist him at that time i — A. No; I told him that I had heard a certain i>iitty here that had Q. You told him what? I did not hear you. — A. That there was a certain party here that would control a contract, and, if i>ossible, I would assist him. Q. Y'ou told him that there was a certain party who could control a contract? — A. Yes. Q. Did you mention the name of that l>arty ? — A. I did. Q. Who was it?— A. Mr. Page. Q. That you could probably assist him with Mr. Page ? — A. I told him that 1 would biing him in connection with Mr. Page, and if he could do anything 1 should, as a friend, say all that I could for him. Q. Was that at this first conversation? — A. I do not remember "whether it was the first or not, or the second. I \vas in his room fre- quently. Q. ]>;d you bring him into connection with Mr. Page? — A. I did. Q. J>id he make a bargain with Mr. I'age? — A. I think he did. Q. To pay Mr. I'age so much ? — A. Yes, I thiidc so. Q. Was it Page, or Page & Dent?— A. Mr. Page. Q. Then that bargain with Page was independent entirely of his bargain with ycm ? — A. I had no bargain with him at all at that time. Q. When did you make a baigain with him .' — A. Subsequently'. Q. How long after ? — A. 1 . Was that Judge Louis Dent? — A. Yes, sir. Q. ])id Page represent that he could influence Judge Louis Deut ? — A. Xo, sir. Q. Did he name any person whom he thought he could influence ? — A. No, sir. Q. He did not ?— A. Xo, sir. Q. You are quite sure that you never intimated that you knew any- body that had influence, and whom you could influence yourself? — A.. I am ({uite sure of that, sir, Q. Quite sure of that 1 — A. Yes, sir. Q. You then ask ns to believe that he promised you what turned out to be $72,000 for your assistance without knowing that there was a hu- man being on the face of this earth that you could influence ? — A. I think he did. Q. Will 5'ou please to explain why you think he made such a con- tract as that ? — A. AVell, I think the explanation has been given before. Q. Explain it again, then — how he came to make such a contract as that; to promise a man what was $72,000? — A. He thought I had in- fluence to get the contract. If the contract was awarded to him he was willing to pay for it. Q. He thought you had the influence ? — A. I presume he did. I pre- sume he would not have made the contract otherwise. Q. Without your ever giving him the slightest reason in the world that you had influeuce? — A. I never gave him the slightest reason in the world to believe I had influence. Q. Was there ever any writing between you and Chittenden ! — A. Xever, sir. Q. But he lived up to the contract, and when the contract was awarded he gave you the $72,000 in notes? — A. When the award was made. Q. He gave them to you? — A. Xo, sir; he sent them to me. Q. Well, that is the same thing. Now, in your reports to him from time to time, did you tell him that you had seen Mr. Moore ? — A. Some- times I did. Q. Did you tell him that ]\lr. Moore was the confidential clerk or book-keeeper in the house of Alexander R. Shepherd »& Brothers ? — A. Ko, sir. Q. You never did ? — A. I thiidc he knew the fact, that he was there. Q. Did you introduce him to Mr. Moore ? — A. No, sir; I do not re- member that I did. Q. ^^':ls he personally acquainted with Moore? — A. I think he was. (}. Vou think he was? — A, I am sure he was. Before he went away he calhMl upon him. Q. Do you know how he became accjuaiiited with Mr. Moore ? — A. No, sir; I . Have you made any inquiiies about it since? — A. No, sir. Q. What is that horse worth ? — A. O, 1 do not know ; I suppose he is worth a thousand dollars. Q. And you have a horse Avorth a tliousand dollars that you let go out of your hands into the hands of a nuui whom you do not know, sev- eral months ago, and you have made no in(piiries" about him since ! — A. Yes, sir ; that looks very impossible ; but if you were as sick of him as I was, you would let a dozen of them go. 1480 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Are you sick of a horse worth a thousand dollars ? — A. Yes, sir ; sick of auytliing else that would give me as much trouble as they did. Q. Why did they give you so much trouble '? — A. Buyiug oats for them. Q. That is the only reason you are sick of him ? — A. That is the only reason ; yes, sir. Q. What have you done with the carraige ? — A. I have sold it here. Q. To whom ? — A. I do not know who got it ; 1 sold it through a stable-man who had my horse here; he sold it to a certain party. A man offered him so much for it, aud I told him to sell it. Q. Who was that man whom he sold it to ? — A. I do not know his name, really. Q. You said a certain party ; who was he ? — A. I told you 1 did not know his name. Q. You said a certain party ; why did you say that ? — A. A certain party offered the stable-man so much for my buggy, and I told him to let it go. Q. You do not know who that man is I — A. 1 do not know his name. Q. Who is the stable-man 1 — A. J. B. Olcott } he had a stable on Eighth street; I think he is now on Chain alley. By Mr. Stewart : Q. The first time you were out there you got in the vicinity of $12,000?— A. Yes, sir. Q. You came back to Washington after you got that "? — A. Yes, sir. Q. You saw Mr. Moore then, again ? — A. I do not remember whether I did or not. Q. Did you see him ? — A. I don't remember. Q. Did you not see him and ofifer him part of the $12,000? — A. I don't remember ; I think not. Q. Did you tell him you had got the $12,000 ? — A. Ido not remember of meeting him. Q. You say you did not meet him when you came back here? — A. I •was here only a day or two, and I don't think I met him. Q. When was it that you offered him money? — A. I never offered him anv money. Q. You didn't offer him any when you got the $2,500 ?— A. Well, I don't know but I did. By the Chairman : Q. You never offered to divide money with him at all ? — A. I told him that $2,500 note was paid. '^ Well," says he, "you have been under a good deal of expense ; never mind that." That was all that ■was said. By Mr. Stewart : He recognized the fact, and you both recognized the fact, that part of it belonged to him, did you not ? — A. O, I did not recognize the fact, because I owed the whole of it, and didn't have it in my possession. Q. Why did he say to you, " Very well ; you have been to a good deal of expense," and why did he let you keep it ; if it was your mouey, what was he telling you to keep it for; why did he tell you to keep your own money ? — A. Well, I don't know that he did. Q. You said that he did. — A. I offered to divide the notes with him. Q. But you said that he said to you, after you got the $2,500, just now, as I understood you, that you had been having a good deal of TESTIMONY OF A. B. KIRTLAXD. 1481 expense, and yon had better keep it ? — A. I didn't have the money to give him. I coukl not have offered it to him. Q. Why did lie say to yon, after yon had got the money, that you had been having a good deal of expense, and to keep it ? — A. lie didn't say to keep it. He said " Xever mind." Q. Why did he say that ? — A. I do not know. I turned it in to pay my hotel-bill. Q. That is not the question. Why did he say "iSTever mind it f — A. I offered to divide the notes with him, and I told him "There is 8'-i,50(>. I have got the money j"' and he said that he would not touch it, and would not take the notes. Q. Why did he say "Never mind the $2,500 ?"— A. Says I, "There is $2,500 that I have got the money on — that is, it has gone to my credit." lie says, " Xever mind that. If you can sell them in New York, as you say you can Q. AMiy did he say " Never miud that F' That is a very strange re- mark. ^Vhat business had he with it! — A. None, I do not know as he said that. Q. Why do you say he said it"? — A. I said he said " Never mind the notes." I then offered him part of the notes. Says I, " Here, Billy, I will divide with you ; there is 82,500 of this that has been paid." Says he, " I will not touch that. Never mind, you have been under a good deal of ex])ense here," &c. Q. Why did he say " Never mind it," when you had collected it? — A. I do not know. He knows that I did not give him any money. I pre- sume he does. It about paid my bills. Q. Do you expect that anybody will believe your statement ? Now, you are a man who has been in the world a good while. When you say you had a conversation with Colonel Moore in which you told him that you had collected of these notes 82,500, and he said, " Never mind ; that you had been to a good deal of expense, and when you sell the others you can divide" A. I do not believe anything, sir. Q. Do you believe anybody can believe you when you say there that he had no interest in it ? — A. I merely state what occurred ; that is all. Q. Did anybody ever tell you to never mind what you had done with your own property before that had no interest in it ? — A. Well, I do not think I have ever paid much attention to what anybody ever told me. Q. Did he not have an interest in it ! — A. No, sir. Q. Had you not got to give him an interest in it ! — A. No, sir. Q. You had not! — A. Not at that time; uo, sir; and he did not know the amount of the note or anything about it. Q. There was no understanding that he was to have any portion of it ? — A. No, sir. Q. And still he told you never to miiul this 82,500 you had collected ? — A. It was the first time he ever knew of the notes. I showed him the notes, and says I, "There, J>illy, there is 82,500 beeu paid." He says, " Never mind, I will not touch them." Says I, " I am going to hand it to you." By the Chairman : Q. Did you not go into Colonel Moore's desk, after you received that exi)ress ])ackage from Chicago, and offer to divide thocs notes with Colonel Moore? Now, is not that the exact fact ?— A. After the 82,500 was out .' (^ Yes. Did you not say to him, " Now, here I have got these notes, 1482 AFFAIRS IN THE DISTRICT OF COLUMBIA. and I am going to divide with you ?" — A. I went and told him, " I have struck a pretty good lead, and I will go halves with you." Q. Did he not say to you right there " I do not want your notes, you sell the notes, and I will divide the proceeds with you f ' Did he not say that to you ? — A. I told him that they were very well reported — these men — and I thought the notes could be sold in New York very well. Q. Did he not say to you that he did not want the notes ; but that you should sell the notes and divide the proceeds? — A. He did not say that he wanted the proceeds or the notes. Q. Was not that the understanding there, that you were to sell the notes in New York and divide the proceeds ? — A. I told him that if I could sell the notes in New York I would go halves with him. Q. Now then, in that connection, did you not take Colonel Moore's signature? — A. Yes, sir; I told you so. Q. And did he not take a memorandum of the notes, and you sign the paper which you placed in his possession, stating that you would place one-half of the proceeds of those notes to his credit ? — A. I do not think I did, sir. Q. Was not that the understanding? — A. The understanding was, if I sold the notes in New York, that Fwas to put a certain portion of them to his credit. Q. Now, will you tell the committee that you signed no ijaper to that effect? — A. I do not remember of signing any paper with Colonel Moore whatever. Q, Might you not have done so ? — A. I think I should remember if I had. Q. If Colonel Moore should tell this committee that you gave him such a paper would you not believe him? — A. I would believe anything that Colonel Moore said. By Mr. Thurman : Q. Do you not remember of giving him a memorandum of the amount of the notes and signing it, and agreeing that you would place those proceeds to his credit? — A. No, sir; I made nothing of the kind. I think he had a memorandum of the amount of the notes. That was when 1 proposed to divide the notes with him. By the Chairman : Q. Yon came from Chicago with that $12,000, that pair of horses, and carriage, to Washington, did you ! — A. Yes, sir. Q. The horses and carriage were delivered to you at Albany? — A. That was a long time, some months, before I got the horses. Q. You came to Washington with the horses, did you not, after- ward ; you brought them here ? — A. Yes, sir. I stopped in Albany, and came here the next winter. Q. You came right to Washington from Chicago, with that sum of money, the proceeds of the first two notes that you sold ? — A. I came here. Q. Do you remember whether the proceeds of those two notes were in currency or in a draft, or in both ? — A. I remember, so far as the $10,000 was concerned. Q. It was in a draft, was it not ? — A. No, sir. Q. I am speaking now of the first transaction. — A. No, sir. Q. What was it ?— A. It was placed to my credit here by telegraph. Q. The 810,000 was placed to your credit here by telegraph ?— Yes, sir. TESTIMONY OF A. B. KIRTLAND. 1483 Q. Where ?— A. It was placed with Kiftgs & Co. Q. Phiced to tlie credit of A. B. Kirthiud, with Rigg\s & Co.?— A. Yes, sir. Q. What was the balance iu— currency '?— A. 1 do not remember ex- actly the balance. It was between one and three thousand dollars; upon my word I cannot remember. Q. I do not ask you what it was; 1 ask how it was — in currency, New York drafts, or (checks ? — A. 1 think I drew some money, and I drew on him for the balance after 1 g'ot to Albany. I am not sure about that, but I think that was it. Q. Did he not i)ay you 82,500 or $2,000 in cash and place this 810,000 to your credit ? The Virst time I am speaking of. — A. No, sir ; I do not remember that he did. I think I dn^w for it. Q. How long was it after you left Chicago until you came to Wash- ington, or did you come right from Chicago to Washington ? — A. I came here directly after that ttrst \isit. Q. Aiul you found the 810,000 to your credit in the bank of Riggs & Co. f — A. Yes, sir. Q. How long were you here then ? — A. I was here a day or two. Q. Where did you stop? — A. At the Arlington. Q. You registered your name as A. B. Kirtlaud ? — A. I presume I did. Q. Not Hogle '? — A. No, sir ; not Hogle. Q. You had no assumed name then ? — A. No, sir. Q. Did you call upon Kiggs & Co. when you came here? — A. Yes, sir. Q. For what purpose — to find out whether that sum was to your credit?— A. Well, I had to be identified when I drew it. Q. Who identified you ?— A. A clerk in the Treasury Department. Q. Who ? — A. His name is Moffatt. Q. Give his full name if you know it. — A. He is in Si)inner's office. I don't know whether it is Fred or Samuel Moffatt. He is an old ac- quaintance of mine. He is teller in General Spinner's office, I think. Q. Did you draw the money! — A. No, sir; I drew my check. Q. You drew a check ? — A. Yes, sir. Q. For 810,000 ?— A. Yes, sir. Q. What did you get for the check ? — A. I put it in a transaction that I had here. Q. What sort of a transaction? — A. Well, nothing whatever to do with the board of i^ublic works. Q. I suppose not, but we want to get all the facts, so that you had better just tell us what that transaction was. — A. Well, if you are go- ing to investigate and lind out every cent that I s|)ent of that money 1 cannot tell; I may as well stop here as anywhere else. (}. Well, it will not take long to find out about that. — A. I say I may as well stop here as stop anywhere else. Q. What transaction did you put that money into? — A. I say it was a transaction that 1 had here. Q. I know you say that, but what was it ? — A. It was a transaction with ]\Ir. Corcoran. Q. What was it ? — A. In real estate. If you are going to ask me all the questions about these things, I decline to answT'r now. Q. Well, 1 ask what your transaction was with Mv. Corcoran ' — A. I am not going to expose my private business here. (}. Was it a secret transaction ? — A. VV^hy, no. (}. Was it a real estate-transaction ? — A. I said that it was. Q. Did you purchase property ? — A. Well, I did. 1484 AFFAIRS IN THE DISTRICT OF COLUMBIA. ,Q. Where; what property ? — A.. Some of Mr. Corcoran's propert3'. Q. Did you take the title to yourself? — A. Xo, sir. Q. To whom ? — A. Well, T shall uot answer any further questions in regard to that. It is nothing connected with the board whatever, and nobody that was ever connected with the board. Q. Well, sir, you will have to answer that question before you leave this room ; I give you notice of that. — A. I consider that my private business. Q. Well, sir, you will have to answer that question before yon leave this room. Did you have any other transaction with Mr. Corcoran "? — A. Never, sir. Q. You purchased of him property and paid the whole of this $10,000 for it, did you f — A. Yes, sir 5 that was to bind the bargain, but it is uot a dreadful thing. I was interested in this Harewood estate, and I made the first payment on it; that is the whole of it. I don't like to — I want to get through, and I want to answer frankly. It was in the purchase of the Harewood estate of Mr. Corcoran. Q. Who were with you in that? — A. Mr. Bro\^n was in. Q. What Brown 1 — A. William Colvin Brown. He was interested so far as he did not pay anything, and I made the first payment upon it. Q. Who else were with you ? — A. No one. Q. Y"ou paid that $10,000; did you get the Harewood estate f — A. No, sir. Q. Did you lose the $10,000 ?— A. I did. Q. The whole of it ? — A. Y"es. The first payment was not made. He promised to make the balance of the first payment, and he didn't do it. By Mr. Thurman : Q. Was your negotiation with Mr. Corcoran or with his man of busi- ness, Mr. Hyde'? — A. Mr. Corcoran was there when the $10,000 was paid. He was at the White Sulphur Springs when the negotiation was made through Mr. Hyde. Q. How large an estate was that Harewood estate? — A. It is nearly 200 acres, I think. By the Chairman : Q. What were you to pay for it?— A. $225,000. Q. And no purchasers but yourself and Mr. Brown *? — A. That is all, sir. Q. Did Hyde give you a title-bond? — A. Not until the first payment. He gave me a mere receipt for the $10,000. Q. What was to be the first payment ? — A. Something like $42,000. By Mr. Hubbell : Q. And you paid this $10,000 on account of it? — A. Yes, sir; to bind it. By the Chairman : Q. And never paid any more ? — A. No, sir. Q. And lost the $10,000? — A. I have not received any of it, sir. Q. How, sir ? — A. I never got any of it back. Q. Did Mr. Corcoran refuse to give it back to you? — A. No, sir. Q. Did you ever ask him for it ? — A. No, sir. I considered that that would be forfeited if the first payment was not paid. TESTIMONY OF A. B. KIRTLAND. 1485 . By Mr. TnrR:\rAN : Q. What kiiul of writing's were executed? — A. I do not know, really. I do not rcineinber now. It was merely a receii)t from Mr. Hyde. Q. Who attended to the business for you ! — A. Mr. Hyde. Q. He was Corcoran's agent ? — A. Yes, sir. Q. Who did you say attended to it for you — Colonel Moore ? — A. O, no; ]Moore did not know anything about it. It was Mr. Brown. I did not mention ^Ir. Moore's name in connection with it. Q. About when was that pnrchase made ? — A. I think the first pay- ment was to be made in October. Q. Last October ? — A. A year ago last October, I think. Q. Then that purchase was made before you had seen Chittenden — before you knew Chittenden ? Mr. Wilson. O, no. The Witness. No, sir ; I met Mr. Chittenden, I think, two years ago. By the Chairman : Q. Who were you and Brown acting- for in that transaction ; who were you expecting' to have cooperate with you ? — A. I was in com- munication W'ith some parties North that I expected to go into the operation. Q. I say, whom did you expect to go in with iu that matter? — A. O, I cannot tell you. Q. No parties here ! — A. No, sir ; there was not a party here that knew anything about it. In the event that we could not get anybody, I was going to sell it to the Soldiers' Home; I knew they wanted it, and have since bought it. Q. Did you tbrfeit that $10,000 to Mr. Corcoran ! — A. I have never received a cent of it. Q. I know ; but is it understood between you and Mr. Corcoran that you are to lose that $10,000 because you did not make that tirst pay- ment ? — A. I have not seen Mr. Coj'coran or Mr. Hyde since. That was understood that it would be forfeited if the first payment was not made. Q. And you have never spoken to either of them since I — A. No, sir. Q. Do you exi>ect to lose that ? — A. Well, I do not know. I think there is a very good chance for it. Q. Has not that 810,000 been paid back to somebody ? — A. Well, to the best of my knowledge I think it has. Q. To whom ? — A. It was paid to Mr. Brown. Q. What Mr. Brown '.—A. W. Colvin Brown. Q. Do you know what he did with the money ? — A. He went to Europe with it, I tliiidc. Q. Was there, not some understanding between you and ]\rr. ^V. Col- vin Brown in regard to this thing ? — A. Snnply a telegram Irom Hobo- ken that he was going to sail for Europe, and return in six weeks, and he has not been back since. Q. Were you content to have him go away and carry that money with him ? — A. I did not know that he had it; and I did not dream that Mr. Corcoran wowld give it to him at all, and I do not know lliat he has now, only from hearsay. Q. You did not know anybody else at all about this city that was interested in the purchase of that Harewood estate i — A. 1 know that there was nobody. Q. Y'ou know that there was no one? — A. No, sir; no one whatever. Nobody knew that it was for sale, that I know of. 1486 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How did you find out it was for sale ? — A. I fotiud out tbrougli the agent and tbrougli parties living there. Q. Through whom ? — A. Through Mr. Thorn, who was living there. He was an old acquaintance of mine. Q. How did he happen to give you information ? — A. We were riding through there one Sunday. Q. Was he representing anybody? — A. He is a nephew of Mr. Cor- coran, and be said that Mr. Corcoran probably would sell it; tkat be had concluded to sell a good deal of his property about here. Q. How much was Brown to pay ? — A. He was to pay half. Q. When were you to pay tbe balance of your portion 1 — A. I was to make the first payment on October 4th. Q. Do you know where Brown was to get the money ! — A. Well, he has property in New York that I inquired about, and he was going to get property from Boston from bis brother-in-law. Q. Do you know where be was to get the money with which be was to pay bis portion of this purchase ! — A. No, I do not. Q. Did you have any information from him 1 — A. I inquired, when this negotiation was entered into, whether that was true that be told me about bis property in New York. Q. Did you have any information as to wbere the money was to come from ? — A. I supposed that he was a man of means. Q. Did you have any information as to where be was to get tbe money to be used in this transaction ? — A. No, sir. Q. None whatever? — A. He told me that be could draw on his brother in-law in Boston in a minute, or bave a telegram to bring it here, but he did not do it. Q. Did you bave any information of any parties in this city connected in that transaction 1 — A. No, sir. Q. Did you have any information or intimation of that kind ? — A. No, sir ; I am positive that there was nobody connected with it. By Mr. Thurman : Q. Was this Harewood estate the same property that Mr. Corcoran has since sold to tbe Soldiers' Home '? — A. Yes, sir. By Mr. Wilson : Q. Wbo was associated with you in connection with the procurement of contracts in this city aside from Mr. Moore ?— A. Mr. Moore was not connected with me in procuring a contract. Q. Very well ; now leaving Mr. Moore out of tbe question entirely, who was associated with you 1 — A. There was no one. Q. Directly or indirectly "I — A. No one, sir. Q. No one at all 1 — A. No, sir. Q. Did you have anything to do with any other contracts in this city than the De Golyer & McClellan contract ?— A. Well, I expected to have, but tliere were no contracts awarded. Q. Did you have anything to do with any other contracts ? Were you negotiating witb any other parties ? — A. Well, I believe I was. Q. Who were they "?— A. It was a New York firm, but as they did not get any contracts Q. Just wait a minute; who were they ?— A. O'Couner i& Shanley. Q. Any other ? — A. No, sir. Q. Did you enter into negotiations with any other person or firm than De Golyer & McClellan and O'Conner & Sbanley ?— A. I never had any negotiations with them at all. TESTIMONY OF A. B. KIRTLAND. 1487 Q. Well, I will say Chittenden and O'Conner & Shanle}- ? — A. Ko, sir. Q. jSToue at all ? — A. Xo, sir. Q. Were the same persons tlifit were interested with you in the De Golyer & McCleHan contract, interested with you in the O'Conner «S: Shanley contract ! — A. O, no. Q. Did you have anybody interested with you in the O'Conner & Shanley contract ? — A. No, sir. Q. Xobody at all? — A. I think there was — no, sir; I did not have any connection. Persons were to furnish them lumber, but 1 had no connection. Q. Persons furnished who lumber? — A. O'Conner & Shanley. Q. Who were those persons ? — A. I think men by the name of Xick- erson and Reed. Q. Who was Eeed ? — A. I think a lumberman. Q. Where does he live? — A. I do not know. Q. What was the arrangement, now, in regard to furnishing that lumber ? — A. That I do not know, sir. He was to get so much a square yard. I believe they furnished it cured. That I do not know much about. Q. Outside of that you had no connection with any person, or asso- ciation with any person, in connection with the O'Conner & Shanley contract ? — A. Xo, sir. Q. What had that lumber business to do with your part of the con- tract ? — A. They were anxious that O'Conner & Shanley should get the contract so that they could furnish the lumber. Q. Did their furnishing the lumber have anything" to do with your procurement of the contract, or the compensation that you were to re- ceive for procuring the contract ? — A. What I was to make off of it was my negotiating' it through Reed, I think. I think I had an interview with O'Conner once. He was to pay so much, but there was no money here, and he did not get any contract. Q. Just state what your arrangement was. — A. Well, I do not re- member what it was. Q. You have no sort of recollection about it? — A. Xo, I am sick of it, and I have forgotten it. Q. You say that there was no contract awarded in that case? — A. Xo, sir; I think not. Q. Let me see if I can refresh your recollection a little. Is that your signature ? [Siiowing witness a paper.] — A. Yes, sir. Q. Do you know whose handwriting that is? — A. I do not. Q. Do you recollect of ever seeing ^hat paper before ? — A. That is my signature ; I do not know as I ever saw the paper. Q. 1 will read it to you : Whereas the board of public works of the District of Columbia has awarded a con- tract to Messrs. O'Conner & Shanley, of Newark, N. J., for the laying of 25,000 sciuare yards of wooden pavement at .S:}.50 per square yard, and notified said O'Conner & Shanley that a contract for 10,000 sfjuare yards of Belgian stone pavement will Ijo awarded them, said award and notice bearing date July 12, lsJ7S, and it is believed that upon the completion of the work above mentioned, that other work will be given said O'Conner & Shanley in the District of Columbia by said board of public W(uks ; and ■\Vhereas Albert H. Kirtland and others have been instrumental in securing for said O'Connor & Shanley the awards above mentioned, and laid the foundation for other work in the District of Cohnnbia : Therefore, it is hereby agreed l>y and between IMessrs. O'Con- ner & Shanley, of X(!Wark, N. J., contractors, of the one part, and Albert B. Kirtland, of Greeubush, N. V., of the second part, to wit : That in consideration of the services and money expended by said Kirtland in ^xM-soual expenses or otherwise in securing said contracts for said O'Conner A- Siiiuiley, that the said O'Conner ct Shanley hereby agree to pay to the said Kirtland or his legal representatives the sum of sixty (GO) 1488 AFFAIRS IN THE DISTRICT OF COLUMBIA. cents per sqviare yard for each and everj' square yard of pavement laid by said O'Con- nei & fehauicv or their legal representatives or assigns, in the District of Colnmbia, pay- able weekly or monthly in the same proportion that said O'Conuer & Shanley receive their pay for said work from the said board of public waiks, and in the same currency, \\i ether cash or certificates, that they receive for the same. And it is further agreed by said O'Couner & Shanley that if other work, such as o-radiuo- or street-seweriug, is secured for them by or through said Kirtland or his friends°iuterested with him, tbat said O'Conner & Shanley shall pay to said Kirtland, for himself and his associates, such compensation or commissions as may he hereafter reed upon, the same to be paid as the work progresses, and in the same kind of pay is received by the said O'Conner & Shanley from said board of public works. This a"-reemeut is hereby binding upon the undersigned and their heirs, executors. agr as or assigns. Witness our hands and seals at the city of Washington, D. C, this 30th day of July, ^^^^' O'CONNER & SHANLEY. [seal.] ALBERT B. KIRTLAND. [seal.] Witness : A. W. Reed, [seal.] Q. Did you euter into that agreement ?— A. 1 presume I did, but I do not remember the conditions of it at all. Q. When did you enter into that agreement ?— A. Well, that I do not remember. It was some time last year; during last summer, I think. Q. Did you enter into it as of the day that it bears date ?— A. 1 think it was last summer or last spring. Q. Now, having heard that agreement read, do you not now remem- ber that a contract was awarded to O'Conner & Shanley to lay 25,000 square yards of wood pavement?— A. I presume there was an award made. I did not know anything about that. They did not go to work. The last I heard of it they said they would not go to work under it ; that there was no money here. Q. You made this agreement that they were to pay you 60 cents 'i— A. I did not know anything about that. Uy object was to assist Reed, who was furnishing lumber here, and I met O'Conner & Shanley here. Q. You had an agreement with O'Conner & Shanley f— A. It ap- pears so, from that. • , • Q. Who were the persons who were interested with you m this mat- ter ?'— A. I do not know whether a man by the name of Wilcox was in- terested in tbat or not. -,..,., » tt Q. Don't you know that Mr. Wilcox was interested m that .'—A. He was interested in another matter. , ^ -, Q. What was the other matter in which he was interested .^— A. I do not know. It was Hussey's case, I think. Q. What was that'?— A. I do not know anything about it. Q. Can you not recollect anything about it? Now, Mr. Kirtland, there is no use for you to be withhohling these things.— A. Well, sir, it is not mv intention at all. Q. You must readily perceive that this committee is in possession of some matters that perhaps you are not aware of.— A. Well, sir, I am in hopes you are. Q. Well, sir, now what was this Hussey matter?— A. Upon my word I do not know anything about it. I know that Wilcox & Hussey— he was engaged in some contract with Hussey and a man by the name of Wirt_but I had very little to do with him, and had forgotten that. Q. Who is Hussey ?— A. He is a contractor here. Q. What kind of contracting was he doing?— A. I think he was grading; I am not sure — grading and paving. Q. Who was this other man, Wirt?— A. He was a man who had some means here. TESTIMONY OF A. B. KIRTLxVND. 1489 Q. Was lie a contractor? — A. Xo; I think he furnished the means. Q. Wliom was he furnishing the means to ? — A. To Husse^^ & Wilcox. Q. What was your interest in tliose contracts! — A. None at all. Q. Nothing whatever? — A. Nothing at all; and I did not dream that I had any interest in (hat. Q. Now we will go ba(;k to this. You say that Mr. Wilcox may have had an interest in it. Having had your recollection refreshed so that you are able to think that Air. Wilcox may have had an interest in it, can you not remember somebody else that had an interest in it? — A. No, sir. Q. No person at all ! — A. No, sir. Q. I would be glad if you would think now a little. — O! I do not re- member anybody else; I had forgotten that. Q. Did you not enter into an agreement with Mr. Wilcox, with refer- ence to this very contract, that Wilcox was to be paid the sum of $7,000?— A. No,"^sir. Q. Twenty cents per square yard ? — A. I remember nothing of the kind. ^ Q, You cannot remember anything of the kind ? — A. No, sir ; I do not think there was any such agreement between us. Q. Tlien what interest did Wilcox have ? — A. I do not remember, sir. Q. You do not recollect what interest he had ? — A. No, sir. Q. Were these transactions so common with you that you are unable to remember them? — A. No, sir; they were not very common. Q. Did you keep any books, papers, memoranda, or anything of the kind ? — A. No, sir ; I kept no books and had no book-keeper. Q. Why not ? — A. 1 did not think it necessary. Q. You kept no memorandum of these transactions? — A. None at all. Q. Why not ? — A. For the reason that 1 did not suppose it was nec- essary. Q. I wish to refresh your recollection a little further. " Washington, D. C, August 9, 1873. In consideration of valuable services, and one dollar in money, hereby acknowledged as received from Gardner H. Wilcox, I hereby assign and agree to paj^, or authorize to be paid, to said Wilcox the following amounts from the proceeds of the within contract or agreement, namely : from the proceeds of the first 23,000 square yards of pavement, the sum of $7,000, and 20 cents per square yard out of the GO cents per square yard to be paid to me upon all other pavements laid by said O'Oonner & Shanley, or assigns, in accordance w4th the within agreement, and said O'Conner & Shanley are hereby authorized to pay to said Wilcox, or order, such amounts as are hereinabove mentioned to be allowed and paid him, a,ud deduct the same from the amounts agreed to be paid to me on the within agree- ment or contract, and payable in the same funds and at the same time as received by said O'Conner & Shanley on said contract." Do you recollect any such agreement as that ? — A. I do not remember. IIow much was there awarded to them? Q. Twenty-live thousand scpuire yards. And this Belgian pavement, ■with reference to which I called your attention a moment ago.— A. I do not remember signing any such i>aper as that. Q. Do you recollect making an agreement of that kind ? — A. No, sir. Q. You did not make any such agreement as that ? — A. I do not re- member making any such agreement. Did L sign any such pai)er ? Q. Well, 1 am not answering questions now, sir. — A. 1 do not remem- ber any such agreement. Q. You did have negotiations with Mr. Wilcox, did you. in regard to 94 D C T 1490 AFFAIRS IN THE DISTRICT OF COLUMBIA.* tbis tbing: ? — A. Well, be was interested in a small way in tbat. I do not remember what. Q. Wbat Avas be to do ? — A. I do not think he was to do anything. Q. Whom was be representing? — A. I do not think he was re[)iesent- iiig anybody. Q. Did you ever have any conversation with him in regard to that? — A. I know his family very well, and I know they were straggling along here, and he did not make anything out of the other eoutract. Q. Wbat other contract? — A. The Hussey contract. I suppose he lost wbat money be bad in it. That is the oidy interest he had in it. Q. Did you use him in any way, or have any arrangement with him by virtue of which be was to render any service in procuring tbis contract for O'Conner & Sbanley ? — A. No, sir, I do not think be knows a mem- ber of the board, or anybody connected with them. Q. Well, sir, that njight be. — A. 1 do not know anything about tbat. Q. Did you really pay him something out of this contract?— A. I think he bad a contingent interest in it ; 1 do not remember what. Q. You ditd agree to pay him something out of what you received ? — A. I do not know whether I was to pay him, or not. Q. Who was to pay him if you did not ? — A. I do not know tbat I was. 1 bad forgotten almost that whole transaction. Q. Was not what he was to receive to come out of wbat you were to receive? — A. I do not know that I was to receive anything. I thought it was to go to Eeed. Eeed was to pay me something. Q. Wbat was Reed to pay you? — A. I have forgotten the terms of that entirely. Q. You do not know anything about tbat? — A. No, sir. It was in the neighborhood of about 50 cents. Q. Fifty cents per square yard ? — A. Yes, sir. Q. He was simply furnishing the lumber ? — A. Yes, sir. Q. And be was to pay you 50 cents a square yard? — A. Yes, sir; in tbat neighborhood, I think. Q. Do you know what price Eeed was to get for his lumber? — A. No, sir ; there was a regular price here ; I do not know. Q. Then, according to this statement. Reed was to furnish the lumber at the usual price. By that, do you mean the regular market-price ? — A. Yes, sir ; tbat or the price that other contractors were paying. He has stated the price to me, but I ha^ e forgotten. Q. Then, be was to pay 50 cents a square yard, in order to sell tbat lumber at the market-price ? — A. He procured those contracts tor O'Conner & Sbanley. If be got the contract, they were to do the work. He was to furnish the lumber, and be was to pay me so much. That is about as near as I can get at it, according to my recollection. Q. In tbis agreement which you say you signed, I find this paragraph, "And whereas Albert B. Kirtland and others have been instrumental in securing for said O'Conner & Sbanley the awards above mentioned." Who were the others ? — A. I do not know what tbat refers to, unless it was to Reed. Q. "Others "is more than Reed? — A. Wilcox had a contingent in- terest in tbat, I think. Q. What was Wilcox's contingent interest? — A. I do not remember. Q. Whi,t was his interest for? — A. Tbat 1 do not remember. He was trying to get a contract here for himself; and if we could get a jiretty good contract for Shanley and the other unin, he would come in. He withdrew his application, or something of that kind. I think that was the fact, so that there would not be too many. TESTIMOXY OF A. B. KIRTLAXD. 1491 Q. I will read the whole of this now— "rhnt whercnsi Albert B. Kirt- land and others have been iiistrimieiital in secnriiiji' for said O'Conner & Shanley the awards above mentioned, and laid the fonndation tVir other work in the Distriet of Columbia." Xow, what fonndation had you laid for other work, and what other work was it? — A. 1 do not su[)- pose that I read that. Q. Sir ? — A. I have no reeollection of what it was at all. Q. None l — A. Except that it was to j^et further contracts. Q. You say, over your own sionature, that you have laid the founda- tion for other work in the District of Columbia. — A. What is that, an agreement i Q. This is a written agreement which you say you signed, and which I read to you in full, and your name is to it. — A. I see my name is at the end of it, but I do not know what foundation there is that I laid. Q. You say you have laid a foundation for other work in the District of Columbia; \vhat was that other work f — A; I have no idea. Q. What foundation had you laid for it? — A. None, sir. Q. Through whom, or by what means, did you lay a foundation to get work ? — A. I have never laid any foundation. Q. Y'ou never did ? — A. No, sir. Q. Did you never have any instrumentality at work to lay the founda- tion for work ? — A. That is a mere figure of speech, I think. Q. Did you ever have any instrumentality at work ? — A. No, sir. Q. Y'ou had not ? — A. None whatever, except if you consider these instrumentalities that I have mentioned. Q. I would be glad to have you tax your recollection to its utmost capacity to know^ whether anybody else was connected with you in this matter. — A. 1 do not remend)er of any one, sir. Q. Did you represent to Mr. Chittenden that yon had great influence here in getting contracts ? — A. No, sir, I do not think i did. Q. Y^ou said but a wdiile ago that ^Iv. Chittendeu's testimony was cor- rect, I understood you. — A. Did I state that? Q. Did you not state that awhile ago! — A. I am willing to state that it was substantially correct. Q. If he swore, then, that you made such a representation to him, it is incorrect in that jiarticular, is it? — A. 1 do not remember having made any such statement to him. He never inquired what influence I had. Q. Did you not represent to him that you had great influence to get a contract! — A. I do not remember of njaking any such representation, Q. Did you not say to him that you had great influence here, and that you would be able to do a great deal of good in getting- a contract ? — A. I do not remember any such thing or statement. Q. Do you say that you did not make it ? — A. I do not remember making any, sir. Q. You are still unable now to remember the nan)eof any person else who was connected or associated with you in any way in this matter! — A. No, sir; I do not remember anybody. Q. This contract that I have read to you bears date the 30th of July, 1873. Do you recollect of award of a contract having been made prior to that time ? — A. That I was interested in '? Q. Yes, sir. — A. None that I was interested in. I know there was none that I was interested in. Q. I will read you a paper : "Board of Public Works, District of Columbia, Washington, .July iL*, 1873." iiefore 1 read this, however, 1492 AFFAIRS IN THE DISTRICT OF COLUMBIA. I wish to ask you if you kuow a man by the name of J. J. Hinds ? — A. Y(\s, sir; I have been introduced to him. Q. Where did you first become acquainted with him ? — A. Through Mr. Wilcox, I think. Q. Where is he from ? — A. I think he is from the W^est. Q. What was his business here ? — A. He is a mail-contractor, I think. Q. Did you have anything to do with him in the way of getting con- tracts ? — A. Wilcox & Hinds had an application for contracts, and they withdrew their aiiplication, as I understood it, through Wilcox, and took an interest in O'Conner & Shanley's, if they got a contract. Q. Then you remember, now, that Hinds was interested along with Wilcox in this O'Conner & Shanley contract? — A. I say I was intro- duced to him by Mr. Wilcox. I do not know that he was interested, or to what extent. Q. You say that he was interested with Hinds in trying to get a con- tract, and after that they gave that up 1 — A. I say that I heard they had an interest in it. Q. But after that failed, then you say that Hinds & Wilcox took an interest in this O'Conner & Shanley matter? — A. Mr. Wilcox took an interest. I know nothing about Hinds having any interest. Q. For the purpose of refreshing your recollection in regard to this matter, I read to you another document : Messrs. O'Conner & Siianley, Care J. J. Hinds, 508 Tewelfth street nortJtwest: Gentlemen: I am directed by the board to inform you that a contract has been awarded yon for laying 25,000 yards of wooden i>avenient of the Sto^ye, Miller, or other approved pateuts, to be laid uyton such streets as may hereafter be desijjuated, at the board-rates as established. The pavement to be in full accordance with the speciiicatious of the patent ; to be treated by the Sealey or Robbius process; the treat- ment of the wood to be under the inspection of the board at the mills. Also that a contract will be awarded you for laying 10,000 yards of Belgian-stone pavement, of the New York specification pattern, at the i)rices established by the board. Yon will notify the board when you are jirepared to commence the work. By order of the board. CHARLES S. JOHNSON, Assistant Secretary. Q. Does that refresh your recollection in regard to this matter ? — A' I have stated all I know about that. Q. Do you say now that there was no such contract awarded ? — A. That is the same contract, is it not ? Q. Yes, sir, exactly. — A. I stated that there was an award made to O'Conner & Shanley son)e time ago, did I not ? I understood there was. What interest Hinds had in it I do not know. Q. Have you anything further to state about it now ? — A. Nothing that I remember about it. I remember very little about that. Q. What did you do with the money that you received on account of this De Golyer & McClellan contract % — A. I have spent most of it. Q. Did you directly, or indirectly, pay wwy of that money to any other person ? — A. To any person connected with the board ? Q. I did not ask you that question. Any other person % — A. Well, there is $10,000 of it accounted for, is there not ? Q. Just answer my question — whether you, directly or indirectly, paid to any other person any money on account of that transaction? — A. ISTct on account of that transaction; not to the amount of one farthing. Q. You got the whole benefit of that yourself, did you? — A. Yes, sir. Q. Entirely? — A. Yes, sir; I owned the notes, and was the hona-fidc owner of the notes, I considered, and did what I pleased with them. TESTIMONY OF A. B. KIRTLAND. 1493 Q. So you say that no part of that money went from you, or any money in lieu of that went from you to any other person ? — A. Not one cent, sir. By Mr. Stewart : Q. You say you think Brown .yot this 810,000 ? — A. Well, I am not much of a thinkist, but that is what I heard. Q. Ilave you ever written to Brown about it f — A. Yes, sir. Q. Have you got a letter from Brown ? — A. Yes, sir. Q. Where is the letter? — A. 1 do uot know; it is burned up, I sui)pose. Q. What did that letter state ? — A. The letter stated the same as tlie telegram — that he would return here in the course of six weeks and arrange what was just. Q. What did it say about the $10,000! — A. He never nieutioned it at all. Q. Did you write to him about the $10,000 ?— A. I did lately ; I have not got any answer from him. I told him I Avould like a remittance, as he had not come as he agreed to. 1 suppose he did not think that I knew that he got it. 1 think he got that, and cleared out with it. That is my impression. Of course it was stated ou the written agreement to be forfeited. By Mr. Wilson : Q. Do you know for whom Brown was acting ? — A. Well, that hav- ing come in about Brown, we expect him to be here in a few days, and I would like to get that from him. Q. Do you know for whom Brown was acting ! — A. I do not know. I think he was trying to get re-instated. He was a consul. Q. Ke-instated as what ? — A. As a consul at Hamburg, or some other place. Q. Did he get re instated ? — A. No, sir, not that I am aware of. Q. Do you know for whom he was acting ? — A. I know nothing about the man. He showed me very good letters ; and he was rather a fasci- nating man. Q. Do you know for' whom he was acting in this transaction '? — A. I do not know. Mr. Chittenden testified here that he had an interest in this contract. He showed me a note once of $8,000 of Chittenden's, an- between you and him that his name should be kept se- cret? — A. He told me not to tell, and I promised him that I would not. Q. You had that sort of an understanding? — A. Yes, sir; 1 had an understanding that I never would tell. Q. 'Tlieu you were to pay him money, and that thins* was to be kept a i)rofound secret. It was between you and him alone ? — A. Yes, sir. Q. For that reason you came here and avoided coming before the committee? — A. Well, I did not want Q. Well, that was your reason for not coming before the committee? — A. Yes, sir; I did not like the publicity of it, and I do not like it now. 1 (lid not like the way they conducted the examiuation ; I say that frankly. Q. Very well, sir, that is all right ; we have no right to take any ex- ception to your criticisms. — A. Well, it seems to be an arena here for peoi)le to slander each other. Q. After you got here, did you communicate with Colouel Moore ? — A. Xo, sir. Q. Sir ? — A. Yes, I wrote him a note the day I went away. Q. Did you see him before jou wrote him that note ? — A. Xo, sir. Q. Did you see him after you wrote that note ? — A. Y"es, sir. Q. Where did you see him? — A. At the Ebbitt House. Q. In what name were you registered at the Ebbitt House ? — A. Iloyle. Q. H. C. Hoyle, of Chicago ; is that right ? — A. I did not register that name. Q. Who did ? — A. I do not know who it was. Q. Do you say you do not know who registered that name? — A. Why, no, sir. How should I know ? Q. Very well. You went to the Ebbitt House and took a room there, and did not register yourself? — A. No, sir. (}. Did you have any arrangement with anybody to register for you? — A. I think I sent down a hall-boy for a room from upstairs. Q. Who was with you upstairs? — A. Mr. Wilcox. Q. And from there you sent a hall- boy down to register your name ? — A. Yes, sir. Q. Did you give the boy the name on a slip of paper? — A. I think so. I think the name was given him. I am not sure whether I gave it to him or not. Q. Who else was with you when you went to the Ebbitt House ? — A. No one else. Q. What was your purpose in changing your quarters from the Washington House to the Ebbitt House? — A. It im[)roved my table, &c. I went there for the purpose of seeing Mr. Storrs. Q. At whose instance did you go there to see Mr. Storrs ? — A. I went there, not through anybody's instance, but my own. 1 requested Mr. Wilcox to take nu! to his room. Q. You had an interview with Mr. Storrs, did you? — A. Yes. sir. Q. During that interview, did you tell Mr. Storrs that it would not do for you to testify in this case ? — A. No, sir. 1496 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did yoii tell Mr. Storrs that if you testified in this case you should be compelled to tell the truth, and that it would strike men in high places? — A. ¥o, sir. Q. Did you tell hiiu that it would ruin men occupying high places? — A. I told iiitn I would tell the truth if I came here. Q, Did you tell hiiu in that conversation that your testimony would strike men in hijih places ? — A. No, sir. Q. Did you tell him that it would ruin men occupying high positions'? — A. No, sir. Q. You made no declarations of that kind to him ? — A. No, sir. Q. Nothing' of the sort ? — A, Nothing of the sort. I told Mr. Wilcox that Mr. Storrs had put Chittenden through very well, and he said that Mr. Storrs was very much elated over it, and would act as my counsel, without a fee, and that is the very reason I went there. Q. Did you tell Mr. Storrs that your testimony would be very damag- ing to men occupying high positions here — in high places? — A. No, sir. Q. Nor anything of that kind ? — A. Nothing of the kind. Q. Did you employ Mr. Storrs to act as your counsel ? — A. No, sir. I went there with that purpose, though. Q. You say you met Mr. Moore there ? — A. Mr. Moore called on me the day I went away. Q. How did Mr. Moore happen to call on you ? — A. I told you T wrote him a note. Q. Did you direct him in that note to call on you attheEbbitt House? — A. I am not sure now where I told him to come. I do not think I told him any way. It was delivered by a party Q. IVIr. Moore, then, went at your own suggestion — through a note whicli you wrote to him ? — A. Yes, sir. I told him that I had made up my mind to leave town. Q. How is that? — A. I told him I had made up my mind to leave town, and would bke to see him. Q. Did you tell him where you would like to see him ? — A. 1 do not think I did. Q. You did not indicate the place? — A. No, sir. Q. Did you have any private interview with anybody else at the Eb- bitt House? — A. I had, if you call it an interview, with Mr. Mattingly. He called on me there. Q. How did he find out that you were there ? — A. That I do not know. I think it was through Mr. Storrs. Q. Did you send word to Mr. Mattingly that you wanted to see him ? — A. No, sir. Q. You did not? — A. No, sir. Q. You did not seek an interview with Mr. Mattingly? — A. No, sir. Q. You think it was through Mr. Storrs that Mr. Mattingly called on you ? — A. Yes, sir. Q. How long did you talk with Mr. Mattingly? — A. Twenty minutes, I think. Q. Did you, in that interview with Mr. Mattingly, communicate to him the relations that you occupied with Mr Moore ? — A. No, sir. Q. Did Mr. Mattingly inquire of you what you had done with this money ? — A. My interview with him was confidential, as my attorney. Q. Did you employ Mr. Mattingly as your counser^ — A, I wanted it understood before I said anything to him. y. Did you employ him as your counsel ? — A. I do not know as I did ; but I wanted it understood. Q. It does not make any difference whether he was your attorney or TESTIMONY OF A. B. KIRTLAND. 1497 not; yon will liave to answer tbe qnestion. — A. I am perfectly williuj? to, sir, altlioiigh I don't like to. He didn't ask any secrecy from me. I am perfectly willing to tell you wbat I said to him. He said be wanted me to come here as a witness, and wben be left me says, " I want you to come bere as a witness, lint," says be, "you need not bave any apprehension, I am not going- to bave you sul)pnt, as a matter of fact, you did not have any? — A. I never repre- sented tbat I bad any. Q. As a matter of fact, you did not bave any"? — A. I do uot think I bad. Q. You did not tbink you bad any tbeu, did you? — A. I never stated tbat I bad. Q. Y'ou did not tbink tbat you bad any, did you? — A. I did not tbink I bad much. Q. Y'ou did not believe tbat you bad any influence at tbat time? [Tlie witness besitates.] Q. Did you, or did you uot, at tbat time tbink tbat you bad influ- ence ? — A. Well, I do not know wbat you mean by influence. Wben I bad the first talk witb bim, I believe tbe statement of Page, irnd if I could bring bim in connection Q. Not in regard to Page. He was brougbt in contact witb Page. It was not of any con.sequence for your getting Page. He bad an ar- rangement witb Page. Now, at tbe time you contracted for it, did you, or did you not, tbink you bad influence ? — A. I tbougbt if 1 could get tbe contract tbrough Page, tbat was influence, was it not? Q. Was tbat Page tbat you referred to when you made tbat contract ? — A. Page told me Q. Did you not state bere, a little while ago, that you brougbt Page to bim before you nnide this contract for 36 cents; tbat was an inde- pendent transaction before; afterward he made the arrangement with you ? — A. He made an arrangement witb me, but be wanted — I went to Page, and Page wanted 50 cents a square yard. Well, tbat was satis- factory. 1 wanted to know from Page what I was going to nmke. He says I would bave to get it out of Chittenden. So I told him 1 would have nothing to do with it; I would introduce him to Chittenden. Q. Then you did not get anything out of this influence with Page; and then you made a subsequent contract? — A. Subsequent to that I did not tbink I had any influence. Q. Put you were .satisfied tbat Chittenden thought you had? — A. Y^es, sir. Q. And you were willing to be in a position of taking $72,000, with- out having any influence, be believing you bad. Is tliat the way you want to bave it stand ? — xi. I would as lief have it stand that way. I got tbe 872,000 in notes. Q. You are willing to take $72,000 for nothing if you could make a man believe ? — A. I did uot try to make him believe auytbing. By Mr. AVilson : Q. Why did you go to Mr. Moore .' — A. I had been there every day that I bad l)een in town, almost. Q. Why did you go to Mr. Moore in regard to this matter ? — A. I did not go to him in regard to this matter. 1502 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Who (lid go to liim with regard to this De Golyer & McClellan contract? — A. I mentioned the subject to him among other things. Q. Did you go and solicit him to use his influence to help get this contract f— A. No, sir; 1 never solicited and never asked him if lie had any influence. Q. Did you never ask him to do anything for you ? — A. I merely asked him "it he knew anything, how the thing was progressing, after a meeting of the board, or something of that kind. He knew nothing. Q. itow, sir, you uev^er spoke to Governor Shepherd about this f — A. No, sir. Q. Nor to any member of the board of public works? — A. I do not know them, sir. I was introduced to Mr. Shepherd at Jersey City, and never had but a few words' conversation with him. Q. Did it never occur to you that you, by what you were doing, were perpetrating a very great outrage upon Mr. Shepherd? — A. No, sir. Q. It never occurred to you? — A. No, sir. Q. Did it never occur to you that, by reason of the relations that ex- isted between Mr. Shepherd and Mr. Moore, that you were liable to idace, and most likely to place. Governor Shepherd in a most unfortu- nate attitude before the country ? — A. No, sir ; it did not occur to me at all. That pavement had been represented as the tiuest pavement in the world ; and they would have made money, and it would have been sat- isfactory. Q. But here you were going to a man who was intimately associated with Governor Shepherd. — A. He was not a partner of Governor Shep- herd's then. Q. But he was in his employ ? — A. Yes, sir. Q. And he was a man who had occupied a somewhat conspicuous position in this community, was he not? — A. Yes, sir. Q. He had been the secretary of Mr. Johnson? — A. Yes, sir. Q. And he had occupied other prominent positions in this community? — A. Certainly. Q. A man well known here? — A, Yes, sir. Q. And he was there in Mr. Shepherd's employment? — A. Yes, sir. Q. It never occurred to you by this operation you might place him in an exceedingly false position before the country ? — A. No, sir ; it did not occur to me. I should never have injured a hair of his head. Q. It never occurred to you that by this operation you might do him the grossest injustice? — A. I should never have mentioned his name if I had staid here for six years. Q. But at the same time it was liable to have been mentioned by somebody else. You intended to come here, then, and either not men- tion his name and tell this conimittee that it was not true, or else you intended to refuse to tell the whole truth "? — A. I should have avoided answering the question, sir. Q. But when you are sworn, you are sworn to tell the truth, the whole truth, and nothing but the truth, — A. I understand that, sir. Q. How did you expect to avoid that ? — A. I didn't expect to come here to injure myself or my friends. Q. How did you expect to avoid that obligation that was resting upon you? — A. I did not know what would be the questions. Q. We have asked you questions here in regard to Mr. Moore. — A. He has never been beneftted by a cent of this money, and he has been very much injured as it is. Q. I understand that, sir; and the probability is that other men are going to be very much injured by these things. These things never occurred to you ? — A. No, sir ; they did not. TESTIMONY OF A. B. KIRTLAND. 1503 By Mr. Hubbell : Q. Dill yon not .qo to Mr. Moore, after you had made tliis arjjfin.jjeineiit with -Mr. V.'hittenden, and tell hini that yon wanted his lu'Ip, and inti- mated to him that if he conhl help you along in it you would pay him some part of the proceeds of your contract ? Did you not give him an intimation that you would I — A. 1 do not think I did, sir. Ue did not km)w what the transaction was between Chittenden and myself. IL^ did not know whether I was getting one or fifty cents. Q. Did you not tell him that you had got a good thing, and that you wanted him to assist yon ? — A. I died so much money, and agree or offer to divide with him and give him a |)art of the money ? — A. 1 do not think 1 ever offered to divide any money with him at ail. I offered to give him a portion of the notes. Q. But after that, when you found that you could not negotiate the notes, and went to Chicago and sold two of the notes. — A. That 810,000 is accounted tor. Q. But before you disposed of it, did you not go to Moore, and say, " Here, I have realized $10,000 or soriie sum on these notes, and I will give you a part of it f — A. No, sir ; 1 do not remember of making any such proposition. Q. 1)1(1 you not make any proposition to him to divide money with him that you had realized from those notes ! — A. I told him that the $-J,50f) had been paid ; that is the only money. Q. But after you had made a sale ? — A. No, sir ; I remember nothing of that kind. Q. The only thing you ever offered to do was to give him half of the notes ? — A. Yes, if I sold them in New York, and deposited a portion of the proceeds. Q, To his credit ? — A. Yes, sir. Q. You took his signature ? — A. Yes, sir. Q. Now, at that time did you not give him a memorandum — some sort of a memorandum — showing the number of notes and the amount f — A. 1 do not remember of giving him any memorandum. Q. Either witli or without signature! — A. No, sir ; I do not remember anything of the kind. By Mr. Bass : Q. When is Colvin Brown expected? — A. I think the middle of Ai)ril. Q. What is lie coming on ; what do you expect him on ? — A. 1 do not think he is coming at all, he lias made so many ])i'omises. Q. He gave you to understand that he is coming here about the mid- dle of April. This is May now '. — A. The middle of April, he told me. By the Chairman : Q. Did you not write a letter to .Mr. Wilcox, dated about the lotli of A[nil, trom New York '. — A. 1 think 1 did, sir. <^ What did you mean when you said if you did come here and tes- 1504 AFFAIRS IN THE DISTRICT OF COLUMBIA. tify that somebody would be hurt ? — A. I do not remember making any such stateinent. Q. I read to you : Friend Wilcox : I received your letter with slip from paper, yesterday. Thank you. I presume I shall be compelled to put iu an appearance before the committee. Somebody will be sorry. What did you mean by that? — A. I expected I woukl be sorry mj- self if I did. Q. You meant, then, by that statement that you woukl be sorry ? — A. My wife, I suppose ; slie is very much worried about it. Q. You thought it important to let Mr. Wilcox know that your wife ■would be sorry, and instead of telling him so, you told him that "some- body would be sorry?" — A. Well, I consider her somebody. Q. You meant your wife in that statement? — A. I think so, sir. Q. You say, " I am perfecting a scheme that will, I believe, knock the legs from under a certain crowd." Did you mean your wife when you made that statement? — A. That has reference to some other mat- ters entirely foreign from this. Q. Let me read this letter through : Nkw York, April 15, 1874. Friend Wilcox: I received your letter, with slip from paper, yesterday, and thank you. I presume I shall be compelled to put iu au appearance before the committee, but somebody will be sorry. I am perfecting a scheme that will, I expect, knock the legs frroad street — Bogart ; I tried very diligently to sell tbein. Q. Then you went to Chicago ? — A. Yes, sir. Q. How did you happen to lind Mr. Holmes — who recommeuded you to him ? — A. T had an introduction from the bank in Albany. Q. You tried to negotiate them in Albany, did you "? — A. I believe I did. Q. Then you went out and met Mr. Holmes. Did you see anybody else in Chicago ? — A. I saw some of my friends there. Q. Y^ou told them there you had the notes — showed the notes to them, all around? — A. Xo, I do not think 1 did. Q. You told them you had them, and tried to negotiate them ? — A. No, I do not know as I did that. I made friendly calls ; I only weut to the Commercial Bank — that was De Golyer's own bank — and to Holmes's bank. Q. But you went to New York, Albany, and Chicago, trying to nego- tiate these notes ? — A. I do not think I tried to dispose of an^' in Al- bany. I knew there was nobody there that would take any such amount of money. Q. Y'ou did not make it any secret that you had the notes ? — A. No, sir ; not at all. Q. Did you not know that negotiating these notes would necessarily lead to the fact you had received them in Washington from a con- tractor ? — A. I stated the fact that it was a bonus. Q. That you had received them from a contractor as a bonus for your services? — A. Yes, sir; I stated that fact to every bank that I went to. Q. That you received them as a bonus for negotiating a contract in Washington ? — A. Y'es, sir. Q. Whom did you state that to, that you received them as a bonus? — A. I do not know; but to anybody that thought it was singular that I should have so much. Q. They all thought that it was singular? — A. Yes, sir; my having so much of one class of paper. Q. And you told them that you received them as a bonus from a contractor whose contract you negotiated? — A. I do not know as I told them that. I told them it was a bonus paid for a contract. I did not say that I got it or who got it. My name does not appear on the notes. Q. Y'ou say that Governor Shepherd was to have no part of that bonus? — A. None whatever, sir. Q. No member of the board of public works was to have it? — A. None whatever. They were my notes absolutely. I considered myself the entire owner of them, to act and do just as I pleased with them. None of them ever profited by one farthing. Q. Did they not all think it was very strange that there should be this large bonus of .$72,000 in your hands of notes for obtaining a con- tract ? — A. O, I do not know that. Q. Was it not the necessary inference that somebody must have been corrupted ? — A. O, I do not know, sir. Q. If Governor Shepherd did not get any portion of this, did you not know that this was a great outrage upon him to be taking these notes around as a bonus? — A. I do not know why Governor Shei)lierd should be hurt. Q. lla\'e not the newspapers taken it as a necessary consecjuence, and charged the board of public works with corruption? Did you not know that that was the necessary consecpience? If a man came to yo^i with $70,000 of notes for a contract that he had negotiated, would you 1508 AFFAIRS IN THE DISTRICT OF COLUMBIA. not think there was something wrong about it^ — A. This measure passed through Congress, and there was a large amount of money used. Is the inference President Grant got any of it ? Q. That makes no difference. Did you not tliink it tended to degrade the board of public works ? — A. No, sir ; I did not. Q. You did not think so ? — A. No, sir ; and I do not see why it should. If these men did not do tkeir work properly, they ought to hav^e stopped them, as they did. Q. You did not tell them that this money was coming to yon individ- ually, but that it was a bonus for getting the contract that had been negotiated here in Washington ? — A. When I sold the notes, I had to be identified as the owner of the notes before the man would buy them. Q. You were identified by Holmes as the owner of the notes ? — A. Yes, sir. Q. And you told him that they were the bonus for the negotiation of a contract ? — A. I told him that they were a bonus for a contract. Q. Did he ask you to whom the money was going ? — A. No, sir. Q. You say that that act could have been done without any injustice to Governor Shepherd or the board ? — A. I think so ; I am sure I did not wish to injure them. Q. You are confident that that act of itself was not the most terrible injury to them, without being explained? — A. I cannot see it in that light at all. By Mr. Bass: Q. Did you know McClellan here in Washington f — A. I met him ', yes, sir. Q. Did you ever converse with him? — A. Yes, sir. Q. He knew your relations to Chittenden, did he? — A. I do not know anything about that. We never had any conversation with re- gard to that. Q. Did you ever go to Governor Shepherd's store in company with Mr. Chittenden to see Colonel Moore ? — A. I don't remember of ever going there with liim ; no, sir. 1 think he has stopped outside in a car- riage, or something of that kind, when I went in. Q. Is that the fact, that he stopped outside ! Do you recollect occa- sions of that kind in the course of doing this business f — A. Well, I am not sure. Q. Yourobjectof course was — and it is perfectly evident to all of us — to make some money out of this if you could. That was your desigu. You, of course, were trying to do it in the most adroit way, T suppose, that your ingenuity would suggest. For the purpose of carrying out that plan, did you, as a part of your arrangement, go with Chittenden to Mr. Shepherd's store and leave Chittenden outside, you going in and having an interview with Colonel Moore and coming back, for the pur- pose of inducing Chittenden to believ^e, or letting him infer, if he saw fit, that you had personal relations with Colonel Moore ? — A. I was per- fectly willing that he should infer that. Q. Well, now, frankly, was that one of the little artifices that you adopted in that business ? Say frankly, for you say you are inclined to be frank about this. — A. I did not care what he inferred. Purposely, I do not believe I would deceive him in that way. Q. Did you do that as a matter of fact; did you go with him to the store, and leave him in a buggy and go in and have a private confer- ence, and go back to him ? — A. My interviews with Mr. Moore were very short. TESTIMONY OF A. B. KIRTLAND. 1509 Q. But (lid yon do it iu that way, by leaving Chittenden ontside and yon going m and having an interview with Colonel IMoore and retnrning to Chittenden ? — A. 1 do not remember that I ever did anything of the kind. I might have gone there, and he might have stopped in the car- riage, and 1 might have ran in. Q. During this application for the contracts was Colonel Moore ad- vised at any time that there was some money, more or less — I do not care abont that — to be made ont of obtaining the award? — A. No, sir; I do not think I spoke to him about that. Q. l^ow, that being so, if that is true, when you returned from Chi- cago, and had this quantit^^ of notes in your possession, and went to Colonel Moore and exhibited notes to him, did yon then advise Colonel Moore of the source from which the notes came? — A. 1 think 1 did. Q. What did he say ? — A. He said he thought it was a big thing. Q. Did he express any surprise about it ? — A. Well, I do not know that he did. Q. Now, what did he say? — A. He says, "If you make that every year it will spoil you," or something of that kind. Well, I said 1 would go halves with him. Q. Then he knew at the time that that was a bonus received for the McClellan & De Golyer contract? — A. Yes, sir. I do not know that; 1 stated the fact to him, however. Q. Did he express any surprise ? — A. I think he did. Q. Must he not have known, before you got those notes, that you expected to make money out of the getting the award ? — A. He did not know what portion of those notes I was going to have ; he does not know to this day, I suppose. Q. Assuming that was so, did he then, before the award was made, from these interviews with Colonel Moore, understand either by intima- tion or by direct information that money was to be paid, because of the award ? — A. No, sir. Q. Then you say that the first knowledge, so far as you know, that Colonel 3Ioore had in fact of even any such arrangement, was when you exhibited the notes to him ? — A. Yes, sir. Q. Did Mr. Chittenden, to your knowledge, have any private interview with Colonel Moore ? — A. Not that I know of. Q. Did McClellan know that you bad any association with Colbnel Moore '?^A. Not that I know of. Q. Did you have any information, while you were here negotiating contracts, that any member of the board of puljlic works from any source was receiving, or was to receive, money as a consideration for awarding contracts to any particular person or persons? — A. No, sir; I have no knowledge of anything of the kind. Q. Did you have any information that any other person or persons were negotiating contracts and receiving bonuses? — A. No, sir. Q. Did you have any information on that subject, that any other person or i)ersons who were engaged in the business or were, in tact, negotiating any contract or contracts, and, as a consideration for receiv- ing the award, were to receiving a bonus! — A. Well, I can't exactly comi)r('hend the question. Page told me that he wanted fifty cejits a square yard. Q. Tliat Page wanted iti— A. Yes ; that Page wanted it. Whether lie got it from any other source or not I do not, know. Q. Was there any other jjcrson that was negotiating contracts, so far as you knew — any parties who were doing as you were, who were in this 1510 AFFAIRS IN THE DISTRICT OF COLUMBIA. city negotiating contracts upon a bonus?— A. I^o, sir; I do not know of any. Q. 'Were there other persons here, as you were, engaged in this busi- ness "? — A. Not that I know of. Q. Did you have any correspondence with McClellau on that sub- ject"? — A. Never, sir. Q. Did you have any correspondence with Chittenden on this sub- ject? — A. 1 do not think I ever did. Q. Did you get any letters from Chittenden f — A. Not in reference to this. That is, until after they had failed to comply with their contracts. Q. Did you write Chittenden any letters?— A. I have written him friendly letters. Q. At about that time ? — A. I never attended to this matter of the contracts. Q. Did you draw on Holmes for $1,200 after this thing was all over ? — A. Yes, sir. Q. And received the money for that ? Now, do you say that you were never advised or have no information that any member of the board of public works was in any way corrupt or being corrupted in reference to the award of contracts ? — A. Never, sir. Q. When and where did you first learn that this contract had been awarded ? — A. I think I learned it at the Arlington Hotel. Q. Who advised you ?— A. I think it was Brown. Q. What did he say at that interview ?— A. I think I went into Mr. Chittenden's room soon after that. Mr. De Golyer was there. 1 think Chittenden was out. He had gone up there to get the award. It was known there that the award had been made. He came back soon after- ward with it in his pocket. Q. Who did?— A. Mr. Chittenden. Q. De Golyer then left for Chicago, did he ?— A. Yes, sir. Q. Chittenden remained some days ?— A. Yes, sir ; I believe he did. Q. Now, then, when and where did Chittenden and you settle the terms of the contract between you and Chittenden as to how much you were to have hereafter ?-- -A. liiglit there, I believe. Q. At that time, when it was determined that you were to have $72,000, vou must have figured up and ascertained what other expendi- tures there had been?— A. He said he had been to certain expenses, and I ^Yas satisfied to let him deduct it. Q. Who first suggested the employment of Parsons?— A. I do not know wh5 first suggested that, sir. Q. You know of the employment of Colonel Parsons ?— A. Yes, sir. Q. When did you first know of that ? What took place concerning it?— A. I do not remember what took place. He was considered a well-known man here, and knew Governor Cooke very well. Q. What further?— A. 1 suppose he was employed to interest him- self with Governor Cooke in the matter. Q. Do you recollect whether that was done at your suggestion or not ? — A. I do not remember. Q. Did you know Parsons personally ?— A. No, sir; I did not know him personally. Q. Were you, while you were at the Arlington, accustomed to take your meals at the same table with Colvin Brown and Chittenden ? Did you sit at the same table? — A. Yes, sir. Q. During these several months ? — A. Yes, sir. Q. Who else occupied a seat at the table?— A. A portion of the time TESTIMONY OF A. B. KIRTLAND. 1511 the surgeon of the Japanese embassy — I have forgotten Ids name. He ha - esnoH ) •m-Bui ^ joonji ^ . aenojj ) ■ureni f JO 9a;i \ - OBnoH ) •urera f JO eaii \ - 99nojj > •poo£) •paoo •poo£) •pnoo •pooo •pnoo ■pooD ■p9UttI9puO0 •^o[ JO 93maoj^ •;oijoo^ •9JBnbs JO -o^ •cr-= O J c o cS >j a a — o w =3 C tH 'Ss a:3 « 15 =» ?-( i:« s a ;:^ "*> CO qj — J a -tJ .^-a -s, « QC-a > <1 a ® J^ >j ti a « fe &4 a> a^ -*-^ ^tJO c5 a .-fa-S • • '^^ ^ < o^ ^ (K ;3 r; ^ "^ — < O a* -a -M -" o = o ^ •r- a T-l L'. ;^ ■/; M s ■'"' OJ CO 1518 AFFAIRS IN THE DISTRICT OF COLUMBIA. 9nop j[aoAi JO i^^ox •a^ijp 0% jo|.i(i 9nop 31J0M jo'iB^ox •q^uoni aqi SnuTip enop ^jom ""3 rs hi) . r-3 .S OJ C 3 C J5 2 JS'S S n a: « '^ a> "t fr^ t> S ttttns w iS2 5 « c3 > a .5 n ^ S a i=<^'E K cs •s -3.9.9.2 to « m .5 t, >, p^. t.- a c a a a " " " '-S Vs '^j ^.a.J3 o o o a a a a a a o o o o o o C5 '-' » f^ _« ,^5;oottMioooocJooo XXX J"! ,TS t-- -I « » ° o^^ I I I I -T-^'-i'-^-g C_, t.( Lj i^ '^ *^ ® ^ © Q^.^.O,®.3^rr- t^ t-4-*^+34J+34^ p- t*5 !>j >,-5 tS MtcbltxMMMbJttS ^.;^.^.«^c^52t2 ©® . a o I "^ fe I u I I c jj a P-4J ® ; I ^ !C cS ■" O a; : ^ c8 fci-S n fct a ■~ l>>g ot^ a >> S3 aft-; Sa2 i^« a 3 ~ a »SS. 3 3 1-3 O P5 02 i> Ph O •pa«q no •pasa •pejjajen'BJX •qinotn eqi. Snijnp paAiooag: •puBq no ■SB, TESTIMONY OF E. B. TOWNSEND. 1519 For such material as was removed to the property-yards, the follow iDg form was used : Dai^y report of old material collected under the supm-vision of . Description. Condition Quantity, Estimated value. Where taken from, DoUs. Cts. Where deposited, Ken] arks. loads old material, from - containiiifc : feet curbing. foet gutter-stone. feet bridge-stone. loads cobble-stone. loads broken stone. Js^o. brick. street • -, between ■ Wasiuxgton, D. C, — and streets, square No. ■ — 187-. Driver. In case the property-owners desired to retain their old material, which they were at liberty to do, this certificate or receipt was taken from them, simply certifying to the fact that they had retained in tlieir pos- session the old material in front of their property. rp, . . ^ ,.^ , ^, Washington, D. C, 187:2 This 1.S to certify that I have retaiued— ' ' feet old curbiug. " gntter-stone. sq. yds. cobble-stone. No. brick. Located in front of my lot, No. and streets . square , street, , between That is the form that was used in all claims for drawbacks for old material removed or reused. Office Cihef Engineek Boakd of Puhi.ic W^okks, Sui'ekintendents' Branch, ■r, . . ,, Washington, D. C., 187- _Ke.sp^ec_tM|,retu™e^^^^^^^^^ of lot Ko. -.'square Description. Quality. Quantity. Disposition. Kemarks. Ohi^ Clerk, Supcrintcndentu' Branch. 1520 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Stewart : Q Do you keep a set of books ?— A. I do, sir. The property has been received at the board and inspected by an inspector or inspectors, ap- pointed by the board, who has returned the same to the office of the superintendent of property, in the following form : OFFICE SUPERINTENDENT OF PROPERTY, BOARD OF PUBLIC WORKS. Abstract ■ ■of- received hy superintendent of iivojyerty on the day of ■ ,187 — jSTame. Remarks. Total rec'd pqM '-'2 Ft. In M« Ft. In Ft. In. 22 Ft. In. Ft. In. Ft. Ft. Ft. Ft. The property-yards are required to return to the office a daily report, showing the total amount of their issues aud receipts, giving the bal- ance remaining on hand, aud with it a receipt from the contractor receivin<»- the material, showing the kind and amount so received, which is tiled in the chief office on Fourth-and-a-half street for our record. A iournal is kept, showiug the contractor to whom the property has been issued, the improvement for which it is issued, and the property-yard from which it is issued. a a m <- • U. Does it show the persons from whom it was taken ^— A. inat is fot the new material, [referring to book,] and the old material, also, when it has been issued. , -, , ^ ropertv vard and it was of no service. " " ' By Mr. Merrick : { Q. Curbing material, or cobble-stone, or what ?— A. There may have I beeu some pieces of old curbing, gutter stone, all broken in pieces, such ( as would accumulate in- a large yard where the stone is constantly By Mr. Christy : Q. Are ymi sure that none of it was new stone purchased bv the board .—A. The six perches, or about that amount, which were obtained at bixth street wharf, were broken pieces, about a foot, fifteen or eighteen inches in length, which had accumulated in the yard, and we were very glad to get rid of it. ^ ' Q. Fragments of new curb ?— A. There were some, I believe. I know my instruction to the issuing clerk was to allow those of no service to us to be cleared out of the way. Q. Was there any valuable stone, such as could be used in the im- provements of the board of public works, sold to this companv "—A -None, whatever. j. j • Lewis Clepiiane was then recalled at the instance of the Districi government, and examined by Mr. Mattingly, as follows : Question Y(ni are charged in the first charge of the memorialists as oeing one ol several conspirators who conspired for the purpose of ob- tainmg contracts from the board of public works unlawfully} state 1524 AFFAIRS IN THE DISTRICT OF COLUMBIA. whether any such conspiracy existed.— Answer. No such conspiracy ex- isted, and I regard it as a malicious shmder. I state that there is no foundation for such a charge or insinuation. The gentlemen who make these charges know nie well, and have known me for years. These charges are not made under oath. Q. State whether you were in New York at the time charged in August, 1871, and what you did then, the object of your visit, and so on.— A. I believe I was there at the time mentioned in Mr. Kilbourn's letter, with Mr. Kilbourn and Mr. Evans. I was not there, however, with Mr. Brown. I believe he was stated to have been there also. I know nothing about his being there. I was engaged in the business of street-paving. Contracts were to be put in on the 1st of September. As a matter of course, as a business man I went around to examine the diiferent pavements and the prices, and so on. The board had advertised for patent pavements, all kinds of patent pavements. It was my desire to inspect such pavements as I might consider the best for the purpose, and in doing so it was neces- sary that arrangements should l)e made with the proprietor for the right to hiy those pavements. I did make such arrangements, wherever I could, for the right to lay their pavements in the District in case that we obtained a contract. Q. What were those arrangements — merely royalty in case their pavement was laid'?— A. Merely a royalty. Q. State whether you had done any street-paving here prior to the organization of the board.— A. I would state that I had done paving ; I had paved one-half of Pennsylvania avenue and M street; not, how- ever, under the board of public works, of course, but before the board of public works was organized, under contract with the commission ap- pointed by Congress, and was engaged in that business ; had a saw- mill and all the facilities for doing business, wood pavement being my specialty. Q. There is a charge based upon the increase in Filbert's contract for the Miller pavement. Please explain that to the committee. — A. I would state that that pavement was laid on Eighteenth street and r street, where there had been very heavy cutting— heavy grading. The street was very much cut up with putting in of sewer-pipe and water-pi[)e, and so on. Mr. Filbert had a contract for laying what was called the Eoberts pavement. Machinery was purchased for the pur- pose of cutting those planks, but it was found that it would not operate. I then took the work ; and Mr. Shepherd being very anxious to have the work pressed — it was in a terrible condition, and had been laying so for a long while ; it was laid late in the season, and so on. Finally I told him that 1 would not attempt to lay the i)avement on that street, in the condition it was, without putting a tioor under it, and that if I did so he must pay extra price for the tioor, which was, I think, I told him, about 25 cents a yard. In order, therefore, to have the work pressed forward, he agreed to allow that price. The street was in no condition to lay a pavement without it. By Mr. Merrick : Q. What street are you speaking of now ?— A. Eighteenth street and F street, in the First ward. Q. West of the War Department "?— A. Yes, sir ; west of the War Department. I think there were about 2,000 yards in all. By Mr. Mattingly : Q. What did the original contract call for oa that street ? — A. Three d liars, I believe. TESTIMONY OF LEWIS CLEPIIANE. 1525 Q. What kind of paveniout ? — A. Koberts. Q. Please explain to the committee the organization of the Metrop- oliwS Paving Company ; the time of its organization ; and Mr. Shepherd's connection tlicrewith. — A. Probably T can better explain that l)y pre- senting a letter which I addressed to Mr. Shei)herd himself. Q. Explain first the date of the organization of the company, and so on. — A. The date of the organization of the conii)any was, 1 think, Augnst, 1870 — the time of the contract for the paving of Pennsylvania avenne. (}. The company was organized for that i)nrpose ? — A. Yes, sir ; it was organized for that pnrpose. The manner of that organization was, that I liad the i)atent-right for the Stowe pavement. At that time (competi- tion was very great. Of conrse, advertisements were printed in all the papers thronghout the country inviting proposals and styles of pave- ment. Competition became very general. We organized then what was called the Metropolis Paving Com[)any — a stock company — and went into operation. Q. Explain now Mr. Shepherd's connection with the comi)any. — A. This is a letter addressed to Mr. Shepherd himself. He nuial cities for proposals and specitne.ns of styles of pavement, to be forwarded to the commissioners a[)pointed for that purpose. Of course, the compe- tition became very general ; hence the Metropolis Paving Company was formed by a consolidation with parties holding tlu; rights to rhe Stowe, Ballard, and ililler patents, which were regarded as the best of the wooden pavements. On the organization of the comi)any in , 1870, you declined to tak(^ any stock, but we agreed to issue to Samuel G. Young stock for the interest yon held in the Stowe patent. On the organization of the new District government, and upon your being appointed a member of the b .ard of i)nblic works, yon insisted that Mr. Y(ning should dispose of his stock, as, from the fact of his being a r(dative of yours, it v,-onld be charged thiit yon liad jin inten^st in any contracts which the Metropolis Paving Com]>any niigiit olitain from the lioard of public works; and, in compliance with your desire, Mr. Young placed his stock in my hands to be disposed of, which 1 atn'oniplished in the latter part of .June, 1871, l)y sidling to Mr. I. S. Baldwin, who still holds it. The transf(>r of the stock was not made upon the books of the company until October 10, 1H71, from the fact, that it was Indd by me as collateral security for the notes given by Baldwin for its jmrchase. Since yon l)ecame a member of the board of public works you have never had any interest whatever in the Metropolis Paving Company ; ou the contrary, the niii.-r r^ ,,f 1526 AFFAIRS IN THE DISTRICT OF COLUMBIA. the coiLpauy have felt that you have not even dealt justly by them iu the way of contracts, especially as they -were a local company, and had considerable cai)ital aud machinery invested in the business. Ver\' resr)ectlully, L. CLEPHANE, President Metropolis Paring Company. Hon. A. R. SiiEniEKD. Q. Was tbere a letter from Mr. Shepherd to you ? — A. I have a letter from Mr. Shepherd iu regard to the Portland Cement Company. Q. Explain that to the committee. — A. I have here a letter from Mr. Shepherd, addressed to me iu April, 1871, teudering his resignation as a member of the Portland Cement Company. Q. Is this the original letter or a coi)y ? — A. That is the original let- ter. It reads as follows : Office of Alex. R. Shepherd & Buo., 910 Pennsylvania Avenue, JVashinglon, D. C, April 18, 1871. Dear Sir : Having been appointed a member of the board of public works of the District of Columbia, I deem it improper that I should hold any stock iu, or have auy couuection Avith, the Portland Cement Company, and notify you of the fact, that you may make your arrangements accordingly. Truly, yours, ALEX. R. SHEPHERD. Lewis Clephank, Esq., President, Portland Cement Company, Washington, D. C. Q. That was addressed to you ? — A. Yes, sir; I was president of tlie company. By Mr. Thurman : Q. Did the governor sell his stock ? — A. The stock never was issued to the governor, because before we issued the stock I had received that letter. Q. He never paid for it, then ? — A. Ko, sir. By the Chairman: Q. Wlieu was this company organized ? — A. That company was organized in November, 1870. Q. I thiuk we have had something of that before ; it was not a very profitable concern. — A. It never did any work at ali for the board of public works ; not a dollar's worth. By Mr. Mattingly : Q. In the testimony of T. T. Fowler, the chairman put this question to him : Now, 1 am directed, Mr. Fowler, to ask you about another matter. I see here, in our report, page 294, li(*t of deposits of contractors ou account of the board of public works, the name of T. T. Fowler, for $1,000. Did you make that deposit ?— A. No, sir. Have you any papers from the records of your office connected with the matter iu any way ; if so, please produce them to the commit- tee. — A. I will state that I believe I presented a book here in the office, in which it is recorded that he paid in 81,000. Q. That is all in evidence !— A. That is all in evidence. If any further evidence is wanted on that fact, I present here the receipt signed by Mr. Fowler himself for the return ot the §1,000. Q. Just read it. — A. [The witness read as follows :] Received, September '21, 1871, certificate of William H. Slater, collector, for $1,000. T. T. FOWLER. Q. That is from the files of your office as collector of this District?— A. Yes, sir. TESTIMONY OF LEWIS CLEPITANE, 1527 B}^ Mr. Wilson : Q. Do yon know on what account this was received by Mr. Fowler-^ — A. For money deposited for contracts. Yon will lind the number of the contract, or the bid, rather ; No. od, I think it is. By Mr. Merrick : Q. Do you know his haiulwriting ? — A. I have compared it with his bid. The paj)ers are here if the gentlemen wish to identify the hand- writing. Mr. Mattingly. Let us have the bid produced. By Mr. Stewart : Q. Do you know his handwriting? — A. 1 do not know it personally. I compared it with the bid. By Mr. Wilson : Q. Do yon remember anything about this deposit? — A. 'So, sir. Q. All you know about it is just what you lind on that piece of paper ? — A. Yes, sir. The Chairman. Mr. Clei)hane will stand aside for the present, as Mr. Kirtland, a witness, is here, and the committee propose te examine him , in the tirst instance privately. Should his examination disclose any fact which requires cross-examination b}" counsel on either side, they will have an opportunity of hearing his testimony and cross-examining him. Mr. Merrick. We are entirely content, sir. The Chairman. I suppose that will be satisfactory to counsel for both parties. The committee then retired for the i>urpose of examing the witness Kirtland in i)rivate. The testimony of A. B. Kirtland, referred to above, will be found in this record at page liOo, preceding this, it having been ordered printed without delay.* Saturday, May 2, 1874. Committee met pursuant to adjournment. The journal of tlie proceedings of yesterday was read and approved. Mr. Mattingly. Mr. Townsend states that lie desires to make a •.slight amendment to his testimony. He states that he misapprehended i question that was asked him. E. B. Townsend recalled. j\rr. Chairman, I find, u[)on referring to my testimony of yesterdaj, that, in re[)ly to Judge Merrick's question as to whether the jjroperty- holders luid been consulted in regard to the disposition of the old ma- terial, 1 answered " I cannot say.'^ I should have stated, in many cases they luive, but I cannot say they have in all (;ases; and that, as a rule, the allowances made by the board have been satisfactory to the citizens, and, com[»ared with the large number of claims made, but few com[)laints have been made as to the allowances or reconsideration iisked. By Mr. Christy : Q. Have you prepared the stateuient of the aggregate value of the old material ? — A. It is in process of preparation. 1528 AFFAIRS IN THE DISTRICT OF COLUMBIA. Thomas P. Morgan was here called and sworn. Prior to Lis examination, Mr. Christy said : Mr. Chairman, before the examination of this witness begins, I will state' that Mr. Clephane was under examination yesterday. I wish to advise gentlemen that we desire Mr. Clephane to prodnce the books of the Metropolis Paving Company, as it appears that the several pavements were merged in that subseqnently and laid. I desire to have those books iiroduced, iu order that we may examine him further. Mr. IVlATTiNGLY. We intend to resume Mr. Clephaue's examin;>tion. There are several other witnesses here now, however, who are anxious to get away. Mr. Merrick. We simply serve you notice to produce. By Mr. Mattingly, (to the witness:) Q. State whether you were at the meeting of the contractors at the rooms of the board of public works, in response to the circular which was sent out, and whether that meeting was public or not? — A. 1 was there. Q. What took i)lace ? State the general character of the meeting, and what took place. — A. After the advertisement for proposals for the improvement of the various streets, the parties bidding were invited to meet the board of public works at their rooms on Fourth-and-a-half street, and the matter was discussed in reference to the awards or i)rices that had been fixed by the board of public works for the various work, or the classes of work bid for. There were a number of gentlemen pres- ent. Mr. Shepherd, the vice-president of the board, announced to the parties present the prices that would be allowed for work, and there was a general discussion on the subject. There were a large number of i^er- sous present. Q. Was it a secret meeting? — A. No, sir. Q. Were the doors open, or were they closed, or was there any secrecy about the matter? — A. The doors were open; thej'e was a large number there; I observed no secrecy about it. The matter was freely discussed. Q. Do you remember whether there was any dissatisfactiou among the contractors as to some of the prices? — A. There was a great deal of dissatisfaction ; that the prices were not sufficient. By Mr. Christy : Q. Were you one of the bidders ? — A. I was, sir. Q. Did you deposit your thousand dollars?— A. I deposited a thou- sand dollars — whatever was required. Q. Did you not deposit that thousand dollars with the expectation that the award would be made to the lowest bidder, as in other cases where there was public advertisement ? — A. I supposed it would, sir. Q. That was one occasion of the disappointment and dissatisfaction^ was it not? — A. No, sir; it was not that so much as that they thought that the board was fixing the rate of the work at too low a rate or figure. The class of work that was assigned to me, I thought was satis- factory. That was macadam. The prices named by the board for the macadam I thought were fair. The grading and paving of brick foot- walks was the point to which objection was made mainly by those bid- ding. They thought the prices were too low. Q. Your bid was for macadamizing? — A, Yes, sir. Q. Did you receive the award under your bid for macadamizing? — A. TESTIMONY OF THOMAS P. MORGAX. 1529 I recoivod an award, sir; but not under tbe bid tbat I bad made; it was less tban mv bid. Q. Were "yon advised at any time tbat you were exjiected to make a bid simply to contribute information to tbe board tbat tbey migbt estab- lisb a scale of prices ? — A. I was not, sir. Q. And yon bid, as in otber cases, tliat it sbould be awarded to tbe lowest bidder ?— A. Tbat is wbat I supposed at tbe tinu\ Q. Did vou notice a publication in a newspaper on tbe morning of tbe 15tb of September in regard to tbe proceedings at tbe INForrison build- ing, tbe olbce of tbe board of pul)lic works ?— A. I do not remember now, sir. Q. Did you receive a verbal or written invitation to appear ?— I tbink it was written. Q. AVere you advised to appear again at any specified day, on tbe 1st of September, wben tbe bids were open ? — A. I was not, sir. Q. Tbe invitation tbat you received was a written circular, was it! — A. Tbat is my recollection, tbat it was a written circulir. Q. Are you able to say bow extensively tbat was circulated among bidders ? — A. I cannot, sir. Q. Yon cannot tell tbat tbey did receive it?— A. I cannot, sir. Q. You bave been a contractor under tbe board f — A. Yes, sir ; I bave. Q. Wbere bave you done your work principally ; bas it been around tbe Government property ?^A. I did tbe work at Mount Vernon Square. Q. Wbere is Mount Yernou Square?— A. Mount Vernon Square is bounded by Seventb and Nintb streets. By Mr. Merhick : Q. Known as tbeoldNortberu Liberty Market?— A. Tbat is tbe point, sir. By Mr. Christy :• Q. Have you been paid for it ? — A. Tbe account bas been settled. I bave been' paid in part. Q. How bave you been paid, in certificates or in money ? — A. I bave bad l)otb money and certificates. Q. What proportion in certificates ? — A. Tbe larger amount, sir. I would state that tbe amount of money received before the completion of tbe work was about $4,500. On the Veceipt of tbe certificates, a large amount of this was paid ont to partn's who did work for me. That is, a portion was paid to the curb-setter, and a portion to tbe parties who graded under my contract, and others who did tbe concreting. Tbe balance I received bonds for. Q. You distributed tbe certificates after tbey were delivered to you ? — A. I did. (). Do you bold any of those certificates now ? — A. I hold two of tbeni. i^. Vov what amount? — A. About two thousand dollars. Q. How long since you completed the work? — A. I completed tbe work, T think, in July last; June or fluly last. Q. To whom did you issue the certificates ; who did the curb-setting and grading? — A. A part of the grading was done by Mr. Esliu. A man by the name of Newmeyer [Teemeyer?] did tbe curb-setting, and received part money and part certificates. Tbe Abbott Paving Company I paid certificates to. 1530 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Was there any member of the legislature interested as a sub-con- tractor under yourself? — A. None, sir. Q. Were you the sole party interested in this contract ? — A. I was. Q. Did you pay anything to anybody for obtaining the contract ? — A. 1 did not, sir. Q. Or for any other contract you received ! — A. Or for any other contract. By Mr. Wilson : Q. Did you have a contract for the flagging at Mount Yernon Square 't — A. I did ]iot that in the square. My contract for Mount Yernon Square called for concrete carriage-way and footwalk. Afterward it was changed to flagging, but it was not embraced in my contract: I was told to do the work with flagging in the place of concrete ; that the concrete footwalks were not satisfactory. But I did not do it ; it was done bj" another party afterward. Q. Who Avas that party? — A. It was done by Mr. John O. Evans. Q. Why was it you did not do it? — A. Because at that time the board had no suitable flagging of the kind on hand. Q. Did Mr. Evans have suitable flagging on hand? — A. He had, sir. Q. Your contract, you say, did not embrace the stone flagging? — A. No, sir. Q. But was for concrete footwalks ? — A. Yes, sir. Q. And that was afterward changed to stone flagging ? — A. Yes, sir. Q. How was that change made; by what authority; did you assent to it ? — A, I did, sir. I think I received a letter from the board ; prob- ably I had better go back a little and explain. The concrete that we had proposed to put down at that point was what was called the Abbott concrete for footwalks. It was an improved concrete for that specific j)urpose. Mr. Abbott informed me afterward that he was afraid the concrete that he proposed to put there would not answer ; that from the winter's experience in Brooklyn it did not do as well as he anticipated, and he preferred not to put it down. I immediately informed the board of that fact, and asked that I be allowed to put something else down. The board stated in a communication to me that flagging would be substituted; it may have been a verbal communication; 1 forget which. Q. Have you the letter of the board to you on that subject? — A. I think I have, sir. Q. Have you it with you ? — A. I have not. Q. Will you produce it to the committee ? — A. Yes, sir. Q. How long after this occurred was it until John O. Evans got per- mission to do the work ? — A. I could not from memory say. Several weeks intervened w^hile the matter was pending. Tlie board had no flagging on hand. They expected flagging ; and I think, as well as I now remember, that it was some five or six weeks that the matter was pending., Q. Were you, by the terms of the arrangement, to take your flagging from the board ? — A. The board had furnished all the materials. Q. Was there anything in your arrangement with the board to pro- hibit you from purchasing this flagging yourself? — A. No, sir. Q. The simple fact, then, that the board did not have flagging on hand was no reason why you should not go on and comply with your contract with the board, was it? — A. The best reason, sir, was that I could not afford to put down the flagging. I could not purchase it my- TESTIMONY OF THOMAS T. MORGAN. 1531 self, and I 'learncd that there was none in the market except wliat was in the liantls of Mr. Evans. Q. jMr. Evans liad the uionopolj^ of that in this market! — A. It seems so, sir. He had the oidy llai;oiiio- on hand. Q. Did you make a uy effort to get tiag-ging from elsewhere? — A. I did not, sir. Q. This Hagging conies from the North River, does it not? — A. Yes, sir. Q. Is there any trouble about getting it up there? — A. I do not know, sir, I have never luirchased auy iiagging. Q. Did you get a job of flagging to do in that vicinity afterward? — A. I did. The angles east of the squares — little reservations east. Q. You did do a part of the flagging, then, around Mount Vernon Square ? — A. Well, sir, it was east of Seventh street — two little places. Q. Those little intersections or angles close by the square ? — A. Yes, sir. Q. Where did you get that flagging ? — A. The board furnished that. Q. ITow long afterward ? — A. It was several months — two or three months afterward. 1 could tell you exactly if I had the data. Q. Have you had a large number of contracts under the board ? — A. No, sir ; that is all I have done for them. Q. Just state in brief the character of the work you have done for the board. — A. The work I have done at Mount Vernon Square : first I re- moved the debris on the square — the old market. I graded the square, set the curb, parked the squares — the intersections of the streets — con- creted the roadways, erected the fountain, and laid the flagging down 5 did the grading and laid the flagging for those little angles made at the intersections of the streets. Q. That is to say, you graded off the earth necessary to enable you to put the flagging down? — A. Yes, sir. Q. What kind of concrete did you lay ? — A. What is called the Ab- bott. . Q. Did you have the patent for that? — A. No, sir. Q. Did you iiay a royalty for it? — A. No, sir. Q. How did you manage to lay that without owning the patent or pay- ing royalty? — A. The base, as it is termed, the broken stone, the first course of stone, I put down myself, and made an arrangement with Mr. Crawford, the managing agent of the company, to roll, to put the tar upon it, and then finish it, and to put the second course on and to finish it. Q. Where is this Abbott Concrete Company located ? — A, Their office is on F, between Fourteenth and Fifteentii. Q. Who composed that company ? — A. I don't know only the officers of the company — Mr. Crawford, the president, and Mr. J. W. V. Vander- burgh, the treasurer; and I believe, Mr. Harry Crawford, they call him, is the managing agent. Q. Do you know who the other parties are connected with that paving company ? — A. I do not. Q. Is that the only i)avement you put down tliat was owned by some- body else ? — A. Yes, sir. Q. What did you pay that company for putting that down ? — A. I paid them $2 a yard. They furnished everything except the base — the course of stone at the bottom ; they did the rolling and putting on of the second course, and the finishing after I put the base down. Q. At what rate were you paid for putting down this flagging ? — A. Sixty-five cents a foot. 1532 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. That was just simply putting it down — not furuishiug the flag- ging? — A. Just putting it (Town. Q. Wlio hauled the flagging on to the ground 1 — A. T did. Q. Where from? — A. There was some hauled from Sixth street, some from P street near Fourteenth street, and I think from the canal. Q. Was it all new flagging? — A. A part new and a part old. Q. Where was the old flagging taken from ? — A. The old flagging was taken from P street near Fourteenth. There was a portion of it, the amount I do not remember now — but some of the old flagging from that point, and some of the old flagging from the canal. Q. What had that old flagging been used for before ? — A. I think they called it bridge-stone — flagging to go across gutters. Q. Did they have a yard up there — a property-yard up at P and Fourteenth streets ? — A. Yes, sir. Q. And this old flagging that you put down there had been gathered lip from about the city and put into that yard ? — A. Yes, sir. Q. Did you haul it over there and put it there ? — A. Yes, sir ; some of it. Q. For that you were paid 65 cents a square foot ? — A. Yes, sir ; dressing it. We had to take the lumps out of it and joint it. Q. What proportion of this flagging that you put down around these little angles was that old bridge-stone? — A. I could not answer it from memory. ' Q. About? — A. I think about half, as well as I remember. Q. Is that stone that had been long in use about the city?— A. That I could not tell. Q. From its appearance, what would you think ? — A. I should think that it had not. That put down there was all of good stone. Q. You selected it from the material there in the property-yard ? — A. Yes, sir. Q. Selected the best you could get? — A. Yes, sir. Q. Now, what did you do in putting down this flagging; how did you put it down ? Did you put any sand under it ? — A. First, the proper excavation was made. Q. How much was that, would you suppose, there ? — A. I think it was six inches; whatever the specification required. Q. You excavated somewhere about six inches, and how wide is the footway thbre? — A. I think one side of it is uine feet and the other side fiiteen. The side on Seventh street is wider. Q. Did you put any sand under it ? — A. Yes, sir. Q. How much ? — A. I do not remember now, but I think we put first a layer of gravel and four inches of sand. Q. How deep was the gravel? — A. About two inches. I am speaking from memory. I conformed exactly to the specifications. I remember of putting about half sand and half gravel ; the gravel at the bottom and the sand next to the flagging. We dressed the flagging edges, joints, jointed it, and took all the irregular surfaces ofl" — the lumps — and closed all the joints properly with cement. Q. You cemented the joints? — A. Yes, sir. Q. Did you set the curb also ? — A. Xo, sir ; that was already set there. Q. So that your work, go far as that flagging is concerned, consisted in gathering this flagging together in the manner you have indicated, and dressing it up, and putting down two inches of gravel and four inches of sand; cementing the joints and putting the flagging down ? — TESTIMONY OF THOMAS P. MORGAN. 1533 A. Yes, sir; the item, 05 cents, covered also the j^radiiig- of tbe interior. We had that all to grade and mound up, and sow downgrassseed. Q. How large a space is there in that triangle? What is the length of the base of that triangle inside of the footway?— A. I would like to speak accurately about that, but from memory I could hardly do so. Q. You can give a pretty good idea. Of course, I do not expect you to s[)eak accurately, having- no papers before you. — A. 1 should think thev were 100 by 130. Q. That is to say, 100 feet base by 150 feet in length ?— A. Y\\s, sir. Q. And did you"^haul any earth and put it in there I— A. Y^'es, sir. Q. How much ?— A. I do not remember as to quantity. We mounded them up. , Q. Very much?— xV. No, sir; we made a neat little mound and a nice finish to it. Q. Was there a very large amount of filling done there? — A, No, sir. Q. Where did you get the earth from to mound it up? — A. I declare 1 do not remember where it came from. We hauled a good deal of soil and we would be a little select, on account of sowing it in grass- seed. Q. Who hauled that ?— A. Mr. Drainsing. Q. Do you know whether he got it from where the streets were being excavated or not? — A. I do not remember. We paid him for the use of his teams and he got the earth and hauled it. I do not remember where from. Q. Who did the work for you in putting down this flagging? — A. A man by the name of John Burns. Q. What work did he do ?— A. lie did the whole work except the grading ; that is, the stone-cutting and the sodding. Q. l)id he furnish the gravel and the sand ? — A. No, sir ; we had teams, and the gravel and sand — a part of the sand was furnished by D. M. Davis, and the gravel was hauled from the excavations at Tiber Creek. iUit it was all done under the direction of Mr. Burns. Q. What did you pay Burns per foot ? — A. Mr. Burns and I went into the contract jointly. I gave him an equal interest with mi'. Q. What did he get ? — A. He got one-half of what was made ou the work. (^ Didn't he get one-half of the 05 cents, or did he ? — A. He got one- half the net amount after deducting all the expenses. Q. What did you put down— the jointing, dressing, and sodding ? What did you estimate that at in making up your account with Mr. Burns ? — A. I could not tell you. I did not expect to be examined on that point. 1 have papers at home, if the committee desire to see them. Q. I should like to see them very much. This contract, then, was given to you in your name; Burns was jointly interested with you? — A. Yes, sir. Q. But was not known in the contract? — A. No, sir. Q. Now, is it not a fact, Mr. Morgan, that you allowed Mr. Burns 30 or 32 cents a square foot for jointing, dressing, laying the flagging and cement, putting in the sand and gravel t Is not that the fact .' — A. No, sir. Q. How was it? — A. It is just as I stated to you, exactly. Mr. Burns received otie-half of the net i)rofit on the work. He submitted to me a bill of all his expenses; what he paid his men; the expeiuliture upon the work. I paid all the bills, and the prodt was divided between 1534 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Burns jiiid myself. There was no subcontract made with Mr. Burns other than that I have named. Q, If you will submit to the committee your papers, we would be glad to see them. Do you know of any other [)lace in this city where this old bridge-stone was used on foot- walks ? — A. I do not. Q. Have you ever given that matter any attention ? — A. I liave not. Q. You have not observed anything about it, and know nothing about it ?— A. No, sir. By Mr. Mattingly : Q. In saying that John O. Evans has tried to have the monopoly of the flagging here, do you mean to be understood that Mr. John (3. Evans had all of the flagging of that kind that could be shipped to this market? — A. I^o, sir. Q. I understand the reason that you did not lay the flagging was that you could not command the necessary capital at that time to buy? — A. Yes, sir; and the board had it on hand and furnished it to me. He:,'RY Gantz sworn. By Mr. Mattingly : Question. You are of the firm of Gantz & Api)leman ? — Answer. Yes, sir. Q. You had a contract for this ce]el)rated Bstreet sewer ? — A. Yes, sir ; we built it from Seventh street to Fifteenth street. Q. Now, just state to the committee the character of the material used in that sewer. — A. Well, it was first class and good quality. Q. ^Yere salmon brick used in that sewer ? — A. No, sir. Q. What kind of brick were used °? — A. Arch and red. Q. Do you know Mr. Sorrell ? — A. He is one of my brick-layers. Q. Mr. Sorrell says about one-third of the bricks used in that sewer were salmon brick. Is that true"? — A. No, sir; it is not. Q, There is another one of your bricklayers who says that three-thirds of the bricks used in that sewer were salmon. State whether any of those bricks were light in color. — A. Some of them were a little light in color, l)ut it was all owing to the clay. The bricks were perfectly sound and hard. Q. Were the bricks wet before they were used ? — A. Yes, sir. Q. Did your contract require that that should be done"? — A. Yes, sir. Q. Was that proper or improper "? — A. It was proper. The brick laid in cement perfectly dry in the summer season would not bind. Q. One of your men here testified that the brick were soaked in water in order to color them and to give them the appearance of red brick, and that he had never known of brick laid in a sewer being wet before they were put in. As a practical brick-layer, what have you to say about that ? — A. I am not a brick-layer myself, I am only a contractor ; but our instructions from the chief engineer were to have the brick perfectly wet. Mr. Phillips was the chief engineer at the time, and he went over the work every day. Q. Was that sewer well constructed, or otherwise ? — A. Yes, sir ; I considered it a first-class job. I endeavored to make a first class job of it, and I considered it such. It was the first job I had here, and I wanted to make a good job of it, and 1 believe it was considered so by practical men here. By Mr. Merrick : Q. Were these brick made at the brick-yard you own ? — A. Yes, sir. TESTIMONY OF HENRY GANTZ. 1535 Q, What was the color of the arch-brick ? — A. The arch-brick are gen- erally very dark — some are and some are not. Q. The other brick, you say, were red ? — A. Yes, sir. There are gen- erally three classes of brick that come out of the kiln. Q. I am aware of that. Was there any peculiarity in the soil from which your brick were made ?— .xV. I do not know as there was. It is a very strong clay — considered so. Q. Was there any i)eculiarity in the soil from which your brick were made, and which would give them a color different from that of the ordi- nary brick ? — A. Owing to the burning, very often. Q. Tiieu, if the brick were light, tlie lightness was due to the burning, and not to the character of the soil ? — A. There were very few light- brick used. Q. 1 ask this question : If the brick were light, it was due to the burn- ing, and not to the character of the soil ? — A. Well, I do not know. I should think it was the burning that would make some little difference. Q. You did not observe any peculiarity in that soil which would make your brick of a light color like what we call fire-brick ? — A. Xo, sir. Q. Xothing to distinguish the color of that brick liom the color ot the brick ordinarily made ? — A. No, sir. Q. Then, if a large proportion of those brick were of a light color, it was due to the imperfect burning, and not to the character of the soil! — A. No, sir. There was not a large proportion of light-colored brick used. Q. I say if there were, the color was due to the burning, and not to the character of the soil, as I understand it ? — A. Yes, sir. By Mr. Christy^ : Q. What business had you been in prior to receiving this contract from the board of public works ? — A. I was a railroad contractor. That is my business. Q. Where were the brick you used burned? — A. In what is termed the old Corcoran yard. Q. You owned the kiln ? — A. We had a lease of the yard. Q. You owned the brick made there ? — A. Yes, sir. Q. Were not all the brick burued in several kilns used in the sewer ? — A. Xo, sir. Q. What was done with the brick that were not used in the sewer? — A. The salmon brick, we sold them here the best we could. Q. Is not this true, that the best brick were used for paving and sold for that purpose ? — A. A portion of a kiln ot brick generally are of paving brick. We furnished some paving brick; I do not remember Low mauy. Q. You had no experience anterior to that in the building of a sewer? — A. It is the first one I ever built. Q. And }ou did sell a portion of the brick to be used for paving? — A. Yes, sir. Q. Were not they the best brick you had burned ? — A. They were the smoothest, and all of regular color. The arch brick, though, were the strongest ; burued hardest. Q. Now, which of the brick did you use ; the arch ?— A. We used the arch iii tlie sewer. Q. The other brick you sold for paving purposes?— A. We sold some paving brick. Q. Do you know a Mr. Howe, a brick-layer ?— A. Yes, sir ; he was bossing for me. 1536 AFFAIKS IN THE DISTRICT OF COLUMBIA. Q. Was there uot coutroveisy between you and him in regard to the character of the brick used ; didn't Mr. Howe say to you you were using inferior brick ? — A. No, sir. Q. Did not the several brick-layers in your employ complain you were using inferior brick I — A. No, sir. Q. You say there was no controversy whatever? — A. No, sir; noth- ing of the kind. Q. There was no objection made to the brick at any time ? — A. The only objection that was made was that we used some few machine brick. They objected to laying them on account of the sharp edges. Q. Don't you know the controvery finally reached the ears of Gover- nor Shepherd and he came and inspected the brick that was there? — A. No, sir. Q. Did you give any attention to the laying of that brick! — A. I superintended tlie whole work myself. Q. But you were not a practical brick-layer! — A. No, sir. Q. Did uot you know whether they were proper brick or uot! — A. Yes, sir ; I think I did. Q. And you now say that you had no controversy with any of the men in your employ, and that Governor Shepherds attention was never called to it, nor did he inspect the brick ! — A. Never was called to it, to my knowledge. Q. Who was engineer then of the board? — A. E.G. Phillips, chief en- gineer. Q. Was there any controversy between you and him ! — A. I do not know that there was. Q. Did not he sa^' to you that the brick were of an inferior and un- suitable quality ! — A. I think that at one time one load of bricks was hauled there, and he objected to them, and they were hauled away. Q. Were not they hauled back ! — A. No, sir. Q. Had you any other business at that time! — A. No, sir. Q. You gave them your whole attention ! — A. Yes, sir. Q. Your partner likewise gave his attention ! — A. No, sir. Q. Did you get any portion of your brick from the city of Balti- more ! — A. No, sir. Q. You manufactured all the bricks used in that sewer! — A. No, sir; we did not manufacture them all. We bought some from other yards. Q. And none from the city of Baltimore; no brick that came by cars ! — A. No, sir. Never got a brick from Baltimore. By Mr. Mattingly : Q. How was your contract obtained; by bid! — A. Yes, sir. The sewer was enlarged afterward and the dimensions of it changed. By Mr. Merrick : Q. Did you furnish the brick that Strong used! — A. We furnished, I think, four or five thousand one day. He got out and we furnished him, I think, for one day only. Francis Reeside sworn. By Mr. Mattingly : Question. State what your business is ! — Answer. I am a brick layer. Q. How long have you been engaged in that business ! — A. About 25 years. Q. Did you have anything to do with this B-street sewer! — A. I was TESTIMONY OF FRANCIS KEESIDE. 1537 ai)poiiited suiu'riutendent of that B-streot sewer when it was started; iioiu the coniineueement of it in June, 1 believe, about the 2()th. (}. How long did yon remain in that position t — A. i remained there during' the month of June and July. Q- Was the work progressing during that time ' — A. It was. Q. State what kind of brick were used in that sewer during" the l>eriod that yon were there ? — A. In building a sewer of that kind we used arch brick. At the time that that sewer was building there was a great deal of work doing, and there was a great deal of sewer work do- ing; paving doing; and as inspector to the board of public works I had to use the best I could get. I tohl ^Iv. Gantz, the gentleman on the stand before me, that some of the brick there I condemned. I told him to haul them away, which he did do. He nsed at that time arch brick. The brick were burned over there in A'ii-ginia, at the time. They were all burned by coal, so that they showed a light surface. ]Many of the brick we do not know whether they are salmon or arch ; but it is the sand that burns them, and they came there, and when I would look at the brick I would say, use them. A great many brick- layers s.ud those brick are svilmon. I would say those brick are hard enough to go in. When you break them open aud look inside of the brick you found it was hard, but outside the sand burned them with ashes and produced a light surface on the outside. Q. Were any salmon brick used there, to your knowledge, in the sewer 1' — A. Tliey were not used while I was there. There might have been salmon brick used. I told ]\Ir. Gantz that there were some infe- rior bricklayers working there at that time. I told the men to put the best brick on the lower surface, and to put the rubbish that is on the inside surface, working to a l-t-inch ring of the top, and the bottom was an ISinch ; and we put the rubbish of the brick in the center, and we put the good brick on each outside portion, of the work. Q. Yon have had considerable experience in Avork of this kind, have you not? — A. Yes, sir. I helped to turn this very same arch over my head now. I helped to build it, [referring to the archway of the room in which the committee are holding its sessions.] (^. That sewer, while you were there, as long as you had any knowl- edge of it, was it properly coustructed, in your opinion ! — A. It is as good a job as there is in the country. There is not any i)ressure that can burst it to-day; no i)ressure of water. I will take any nuin there and show him its good qualities. If any one of the committee will go right now with me in a boat there, I will show them the arch there now to- day. By the Chairman : Q. How can we g"o there ? — A. Go there in a boat. You cannot go there unless you do. Q. \'on think that is a good sewer ? — A. Y'es, sir; I do. Q. AVhat is the reason you did not stay there until the whole sewer was completed? — A. Tiie reason I did not stay there was because the board of public works did not want to i)ay me money enough to stay there. Mv. Phillips thought I was not worth but -SI a day, and I could get nior*' money outside than that at any time,. and that is the reason I did not stay there. l>y ]Mr. ^VlLSON : Q. Who succeeded you as superintcMulent there ? — A. I could uot hardly tell. I don't know who succeeded me. Q. Was there somebody there after y(iu ? — A. There was. 97 D c T 1538 AFFAIRS IX THE DISTRICT OF COLUMBIA Q. Do you recollect who ? — A. W. W. Griffith succeeded me. Q. Was he a brick-layer? — A. He was not. Q. What was his business!— A. I dou't kuow. I could not tell you his business. Q. Did he have any business ? — A. I suppose — well, almost every- body has a business. I don't know what his business was. Q. Was he a mechanic of any kind ? — A. I could not say. By the Chairman : Q. They got him for $i a day ? — A. That is what they paid me while I was there. By Mr. Wilson : Q. Was there anybody else that you know of besides that man ? — A. Well, I noticed that there were — that at the termination of it there were several there on the job. Q. Do you recollect the names of any of the superintendents ? — A. Yes, sir. Q. Who? — A. There was a man bj' the name of McClellan there. Q. What w'as his occupation ? — A. He claimed to be a plasterer. Q. Was he a plasterer ? — A. Indeed, I could not tell you. He was not a brick-layer; 1 know that. Q. Were there any tailors on that job ? — A. I could not say; I don't think there were any tailors. Q. Were there any men who professed to be tailors? — A. Xo, sir. I will state one thing : there w^as some A'ery incompetent men laying- brick there when I w as there. A man swore here before this committee — a man by the name of Curry — and Sorrell, men that we term about third-class brick-layers in the community here. Q. Why didn't you drive them off there ? — A. I spoke to Mr. Gautz about them the very first day, and asked him to discbarge this man Curry. He said that he came from Philadelphia with somebody they had there. I said, " That man don't amount to shucks ; he is no brick- layer." He says, '" We will keep him on." So they kept him on, and the whole time I was there, during the two months, I was fighting with them all the time. Mr. Gantz and Mr. Appleman both told me that anything I wanted there, just to designate it. "If the material is not right, tell me about it, and I will remedy it," and the only favor I asked of Gautz was the discharge of this man Curry. Q. He would not do it ? — A. No, sir ; he told me — I will tell you why he didn't do it. There was a party here from Philadelphia superintend- ing the brick work at the time. I supposed that they were doing the work for so much per thousand, or so much per M, and Curry was working for these other parties, and that is the reason he would not do it. I worked for Messrs. Gantz & Appleman after he left the job, and went there and worked for two or three days, just to show them I could lay bricks. Q. Just to show them how to do it ? — A. ]S'ot to show them how to do it. Q. Mr. Curry says two-thirds of the brick in that sewer were salmon brick ? — A. He may say a great many things. I don't think he is the mark for a brick-layer. By Mr. Wilson : Q. Did you notice the nmnner in which that sewer was constructed while you were there ? — A. I noticed it from the time it was started until it was finished in casually walking along through there. Q. Did you pay any particular attention to it ? — A. I did pay partic- ular attention to it. TESTIMONY OF FRANCIS REESIDF. 1539 Q. Did they eoiitiniic to work well? — A. Yes, sir; I think the work is just as good a i)iece of work as can be found anywhere. Q. Even though there were tailors and shoemakers superintending? — A. I don't think Mr. Gantz or Mr. Applennm either would conscien- tiously have a job of work done that was not right. Q. I speak of the tailors and shoemakers because it lias been said here that there was that class of men superintending the work, and I want to know from you, even if there were brick-layers and men follow- ing other occui)ations there, whether the work was still properly done, as far as you l'iO worth of work. Q. Can you tell ine who it was that furnished these castings at the corners where the water runs under the pavement or down in the sewer? — A. No, sir; I cannot. By Mr. Christy' : <^. Do you know who built the part of the sewer between Fourteenth and Fifteenth streets; do you know whether Gautz & Applemanvs con- tract covered that ? Governor Shephard. Gantz testified just now he did that. The AYiTNESS. I presume Mr. Applenuin did. I saw him there on one or two occasions. 1 was building at the same time. INFr. Aj)plem;iu was there and he wanted to sell me salmon brick to put into my building". 1 w;is building at the corner of Fourteenth ;ind D streets at the time he was building that portion of the sewer. H(^ s:iid he haresent time. He told me he was not using" anv in this sewer. 1544 AFFAIRS IN THE DISTRICT OF COLUMBIA. Thomas Buckley sworn. By the CHAIRMAN : Questiou. What is your business ? — Answer. Practical brick-layer. (i. How lonji have you been abrick-layer ? — A. I have been l)riok-lay- ing eight or nine years ; served my time until I was twenty-one and worked at it until this time, deducting twelve years that I served in Un^le Sam's service in the Marine Corps. Q. Did you work on this B-street intercepting-sewer ? — A. I worked on the laterals running from the B-street sewer. Q. Who were building this ? — A. Gantz & Apj)leman. Q. They were brick sewers ? — A. Yes, sir. Q. What kind of brick were used there? — A. Arch and pillar brick. Pillar-brick is the brick that is immediately on top of the arcli. Q. Were there many salmon brick put in there? — A. I saw no salmon brick on the ground at all. Q. Are these pillar brick red brick ? — A. Yes, sir; I have never laid brick in cement unless they have been wet. I was always brought up to that, to use wet brick in cement ; dry brick will not bind. Q. 1 asked you wdiether they were red, not wet? — A. Certainly they were red brick. They were burned black some of them. Q. The brick put into these lateral sewers were good red brick ? — A. Yes, sir. By Mr. ]Mattingly : Q. Do you know Mr. Currey * — A. I do some ; I am well ac(]uainted with him. Q. He worked on this B-street sewer? — A. Yes, sir; I saw him do work there. Q. Did you have any conversation with him relative to testifying in this case ? — A. !No, sir ; I have not. Mr. Currey knew it was no use to come to me. Q. Did he come to you ? — A. Xo, sir ; he did not. By the Chairman : Q. You did not regard Mr. Currey as a good brick-layer ? — A. No, I regarded him as a fourth rate brick-layer; in fact, not as good as some laborers. By Mr. Wilson : Q. Mr. Curre^", however, remained with Gantz & Apideman as long- as they were at work on that sewer ? — A. Yes, sir ; I believe he did. Q. And he was quite equal to some others who were there employed as brick-layers? — A. There were some others that I should term Mr. Currey's equals. Q. What were the dimensions of the lateral sewers of which you speak ? — A. I believe, 3-feet sewers. Q. What is the length of the lateral sewers ? — A. To the best of my recollection, I think they run from 150 to 300 feet. Q. How many of them were there? — A. I worked from Tenth to Six- teenth street. I quit at Sixteenth street. There was a sewer run under the lake, and they were not quick enough for me, and I could not aiford to lose time ; therefore I went to work elsewhere. Q. Do you know whether Gantz & Applemau's contract included the main sewer between Fourteenth and Fifteenth streets ? — A. I believe it did. Q. Are you sure of that fact ? — A. I am not sure of it. I won't say TESTIMONY OF WIIJ.IAM II. HOWES. 1545 for a coi'taiiity, as I (lidn't liavo tlie time to go up there and see who was carrying" on work up there, but 1 kiu)\v tliey carried on work up tliere. William H. Howes examined. By Mr. Wilson : Question. What is your occupation.' — Answer. I have no trade; I am a hil)orer — a laboring- umn. (}. Were 30U employed on the B-street sewer in any way ? — A. Yes, sir ; working- there for Gautz «X: Ap|)leman. Q. What were you doing? — A. 1 had charge of the excavation part of the time, and for a short time I was with the brick-layers— just attend- ing- to getting- the material to them ; 1 had charge of the men. Q. What had you been doing i)rior to your employment in that capacity? — A. I was working on a farm up in Maryland with uiy father. Q. Did you uoticc the kind of bri(;k that went into that sewer ? — A. Yes, sir ; when I was with the brick-layers I did. Q. What kiud of brick were used ? — A. 1 believe most generally arch and red brick. Q. Were there any salmon brick that went into tliat sewer .' — A. Xo/ sir. Q. How long- were you employed on that sewer in connection with the brick-work! — A. I guess uot over a month. Q. ])o you recollect what month that was f — A. I think it was iu Oc- tober. Q. Had you had any experience in this kind of work prior to that ? — A. No, sii-. Q. AVere you emi)]oyed by Clantz »S: Applemau, or by tlie board .' — A. By Gantz tS: Api)leman. (}. You were their superintendent .' — A. Yes, sir. By Mr. Mattingly : (^. What were your duties ? — A.* I had charge of the excavations part of the tinu', and for a short time 1 had charge of the laborers. (}. ])o you know anything about the brick that was used .' — A. As- far as I know they were arch and red brick. Q. You did not work on the brick ' — A. Xo, sir. Lewis Clephane sworn. By Mr. Matttngly : Question. That book you have there is a book that has already been iiitroduced iu evidence, containing tlie deposits — list of de[»osits made by contractors ? — Answer. Yes, sir. Q. A transcrii)t of that book appears on ])age 294 of the record. I desire to call the attention of the committee to the last item, under the date of Sei>tember 1, which shows a dejtosit by T. T. Fowler of one thousaml (lollars. On the other side, the lirst item of September 21 shows it is a repayment. Have you ]\lr. Fowlers bid here! — A. Yes,. ,sir. ^>. What is the date of that ?— A. September 1, 1871. By Mr. Merrick : Q. State whether you know that bid is in Fowler's handwriting or not. You have undertaken to say the receipt is Mr. Fowler's, because it is iu the same handwriting- that the contract is. Now state whether that contract is in his handwriting? Mr. Mattingly. I simply desire to submit this to tlie committee for what it is worth. 1546 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Merrick, I object. Mr. Mattingly. Mr. Fowler can come here and examine it. Mr. Merrick. I object. Mr. Mattingly. I simply offer them to substantiate our records. Mr. IVlERRiCK. I object. Now here the witness undertakes to assert that Mr. Fowler gave a receipt for this deposit alleged to have been made by him with a view to contradict the statement of Mr. Fowler that he never made any deposit — that he never withdrew it, and their whole basis for that assertion is the presentation of certain pajiers here professing to be signed by Fowler, without the party assuming to know, or anybody else assuming to know, that Fowler ever did sign either of those papers. And the committee will recollect that Mr. Fowler said in his testimony that he never tiled any bid in his own name, and that he never made any deposit at all. ISTow how, under the circumstances of that testimony, can this allegation here, and this presentation of two papers with the same signatures compared by the witness, tend to prove any contradiction of the testimony of Mr. Fowler. They have established no basis at all for the purpose of showing that either of these papers is in the handwriting of Mr. Fowler. Mr. Mattingly. If the committee please, I do not care whether the testimony establishes any contradiction of what Mr. Fowler testi- fied to or not. A list of the deposits was called for. It has been intro- duced in evidence. It showed on the 1st of September, that some one under the name of T. T. Fowler deposited $1,000; that on the 21st of September, that same $1,000 was withdrawn, and they introduced Mr. Fowler on the stand to contradict that statement. We simply desire to substantiate the statement that is already in the record — to show the bid and the receipts on which the entries are based, showing the cor- rectness of the entries. ISTow whether this is T. T. Fowler's own proper signature or not I do not know, and for the purposes of the case I don't care. They are here ; Mr. Fowler can come and examine them and say whether they are his or not. I regard it as immaterial whether they are his or not. Mr. Merrick. The fact that the bid was made in the name of Fow- ler has already been given in evidence before the committee. Mr. Mattingly. Yes, and Mr, Fowler was brought here to contra- dict that. [After some discussion, it was decided to have the papers retained by the witness until a subpcena can be issued for Mr. Fowler, and his pres- ence secured.] J. C. Lay recalled. By the Chairman : Question. Do you know Mr. T. T. Fowler! — Answer. I do know him, I think. Q. Do you know whether you delivered to him this receipt?— A. I think I delivered that to him. I would not have delivered it to any other man. Q. You wrote that receipt? — A. Yes, sir. Q. Did the man you deliv^ered it to sign it in your presence? — A. Yes, sir. Q. Do you recognize that person as the T. T. Fowler that was con- nected with the Great Falls Ice Company ? — A. He is the same man. He is the same man who signed vouchers for the stone for M-street bridge. TESTIMONY OF LEWIS CLEPHANE. 1547 I>y the ChAikmais' : <^. Did he deposit 81, (too with you? — A. No, sir j not with me. These i-eitifieates of de[)()sit were in the auditor's otlice. Q. How did you come to write that receipt? At Mr. Fowler's re- quest ? — A. Xo, sir ; some member of the board, either Colouel Magruder or the vice-president of the board, wouhl send us word to deliver to a certain man his receipt. We delivered the receii)t upon that request to the i)arties. Mr. Lewis Clephane recalled. Mr. Mattingly : Question. State how long you have known Mr. Sheplierd, and what have been yourrehitions with him ? — Answer. Mr. She])lierdand myself have been intimately associated from boyhood. We have been together in business relations and social relations and every other way. Q. Have you examined the statement as to the amount of your con- tracts api)ended to the first charge in this case ? — A. 1 have. Q. Just state whether it is correct or not, and if not correct, in what particulars '. — A. It is not correct. I would state here that on j)age 3 of the charges of the memorialists I am represented as having con- tracts the estimated cost of which amounted to $312,813.03, and that I have received paymentson those contracts to the amount of $408,492.87. Those con tracts embrace work done by me individually and also by the Me- tropolis Paving Company. 1 believe they all generally stand in my name. The report from which the memorialists made this is made up by Mr. Severson. and is contained in his statistical tables on page 62. He sums it up, and says "payments exceed estimates $1)0,179.84." Now, I think luy entire contracts, including those of the Metropolis Paving Company, amounted to $358,432.24, according to his tables, and my payments only amounted to $299,951.27. Here is a tabular statement I have made from Mr. Severson's report. I have given it in detail, and I have made a summary here. Q. Is that the statement as to your contracts in his general state- ment :' — A. This is the general statement. Q. Now, just explain that fully. Mr. Mattingly. The committee will remember "Sir. Se\ erson filed a long statement. Here it is on page 30 of the charges. [The witness then submitted the following statement :] SKVEUSOX vs. SEVKKSOX. I'evieiv of B. Severaon^n lint of contracts, extensions, and amendments of eontracts of the board of jmbiic leorks from Aiifiust IH, 1871, io October, 1873, tvith the estimated cost thereof and pafiments made thereon, by the treasurer of the board of pablic works, as snh- mitted by the counsel of memorialists in their chartjes. — {See Exhibits J (ri, B62, and Cd'i.) L. Clephane's contracts. Estitiiated cost, per Severson's rei)ort $312, 813 0)? Shonlil be added thereto extension of contract No. 5(iU 45, (519 'il Total estimated cost 358, 432 24 Claimed liy Severson's report to have been paid on the abovo contracts $408, •)y2 87 Deduct as not applicable to the enumerated contracts 1U9, 04 1 50 Payments applicable to contracts 21)0, 051 37 Showini: a balance in favor of contractor of 58, 480 87 1548 AFFAIRS IN THE DISTRICT OF COLUMBIA. instead of 'ii.96,174.84, claimed to be overpaid ou estimates; making au error in bis statement of $154,65-5.71. Tbe estimated cost for tbese contracts is $358, 432 24 The actual cost, per governor's answer, is 343, .530 96 Showing tbe cost to be less than estimated 14, 901 28 Contracts. No. -29. Sept 18, 1871, p. 7, B. P. W. : p. 340, G. A. No. 70. Apr. 2, lf<7l , p. U, B. P. W . . . No. 107. .Sopt. 23,1871, p. 14, B. P. ^V.; p. 342, G. A. No. 145. Sept. 16, 1871, p.lG, B. P. W.; p. 343, G. A. No. 159. Oct. 2, 1871, ]). 17, B. P. W. : p. 343, G. A. No. i94. Dec.12, 1871, p. 20, B. P. W. : p. 344, G. A. No. 270. April .30, 1872: p. 27, B. P. ^y. ; p. 345, G. A. No. 291. MaylO, 1872, p. 30, B. P. AV.: p. 346, G. A. No. 29.5. Mav 16, 1872, p. 31, B. P.W. : p. 346, G. A. No. 460. Aug. 7, 1872, p. 53, B. P. W.: p. 350, G. A. No. 560. Oct. 8, 1872, p. 64, B. P. W. ; p. 352, G. A. No. .571. Oct. 19, 1872, p.66. B. P. W. ; p. 352, G. A. No. 57H. Oct. 19, 1872, p.66. B. P.W. : p. 352, G. A. No. 834. Aug. 12. 1873, p. 102, B. P. W.; p. 358, G. A. No. 905. Sept. 22. 1873, p. 114, B. P. W. ; p. 359, G. A. May 31 , 1873, p. 288, G. A Description of contracts. Stow woocl pavement on Eleventh street, northwest, from E street west to Penn- sylvania avenue. Sewer on Eighth street, northwest, he- tweeii Pennsylvania avenue and D street, northwest. Curb and repair sidewalk on Market Space, between Seventh and Ninth streets, northwest. Stow wood pavement on Market Space, between Seventn and Ninth streets, north we.st. Stow wood pavement on Eighth street, northwest, from Market Space to D street, northwest. Grade, curb, and footwalks, Stowe foun- dation, on Nineteenth street, north- west, from Pennsylvania avenue to K street, northwest. Ballard wood pavement, &e., on D street, northwest, between Sixth and Elev- enth streets, northwest. Round-block pavement, ■ &c., on Green street, Geoigetown, between Bridge and West streets. Grade, curb, brick pavement, &c., on Twelfth street, northwest, between F and M streets. (See contract No. 571.) Round-block pavemeut, &c., on Gay street, Georgetown, between Mont- gomery and Washington streets. Grade and lay round-block pavement on P street, northwest, from circle to Twenty-second street, northwest, and grade and lay round block pavement ou West street, from Rock Creek to Washington street. (May 31,1873, ex- tension to embrace West street, from Washington to High street, $45,619.21.) Miller wood pavement, ifcc , on Twelfth street, northwest, from F to P street, northwest. Round-block pavement on H street, north- west, from Third street, northwest, to Baltimore ami Oliio Railroad. Stowe wood pavement, \e., on High St., between AVest and Second streets, and on Seciind street, between Fayette and High strei-ts. Ronnd-block pavement, &c., on Market street, between First and Third sts., Georgetown. Contract No. 560 extended to embrace West street, from Washington to High street. Cost paid, i per govern- or's answer. $15, 950 01 447 25 7, 507 25 5, 668 79 14, 196 20 42,760 60 17, 874 23 G, 415 33 61,863 .53 111,960 29 25, 606 00 28, 1.55 73 5,125 75 343,530 96 Excess of estimates over cost 14, 901 28 343, 530 96 Estimated cost. ^15, 950 01 794 75 309 27 7, 060 00 5,294 05 13,7.51 ,-0 38,015 00 35, 000 00 9, 385 90 4, 000 00 33, 617 90 73. 325 00 25, 606 00 40, 303 35 10, 400 00 312,813 03 45, 619 21 358, 432 24 343, .530 96 TESTIMONY OF LKWIS CLEPHANE. 1549 raymnit>i made by the (reasunr of the board of public uorkfi on schedule of eontrd Oct. 16 in Xov. 11 113 Xov. 25 124 126 Dec 1872. Jan. 30 Feb. 14 i;i4 May 2 111 .June 12 143 June 24 U'.i Aug. 3 1.14 Aug. 22 1."j7 Sept. 28 117 lr'72. Kov. 2 124 Jan. 16 .Jai\. 25 132 Mar. 12 133 Mar. 19 136 Miir. 21 143 146 147 147 U6 Mai-. 22 Apr. 18 July 11 Aug. 5 Aug. 6 Aug. 6 Report for 1S72. M-street improvement, on September G Certifying work on M street Alarket Space ATooil for Market Space Eighth street west, from Market Space to 6 street north. Wooden pavement on M .street Nineteenth street, from Pennsylvania ave- nue to K street. Eleventli street west, from D to 1" street north. Eiglith stieet west, from Market Space to fi street. Market Space, between Seventh and Ninth streets west. G- street north, from Seventh to Ninth street west. Repairs of wood pavements in "Washington City. Nineteenth street west, from Pcnnsj'lvania avenue to K street north. Twelfth street west, from F to M street north. Green street, Georgetown D street north, from Sixth to Eleventh street west. Twelfth street west, from F to M street north. D street north, from Sixth to Eleventh street west. Green street, Georgetown Report for 187:(. D street north, between Sixth an a o'SoS O a *i ?.2 05 a 1? S S a. a o Estimate of contrai 148 1873. Aug. 6 Aug. 13 Aug. 13 Aug. 19 Aug. 19 Aug. 21 Aug. 21 Oct. 20 Oct. 22 Oct. 22 Oct. 27 Oct. 28 Oct. 28 Oct. 30 Repurtfor 1873-^Contiuue(l. D street, between Sixth and Eleventh street.s, northwest, hauling curb. Nineteenth street, between Virginia ave- nue and K street, northwest. Twelfth street, between E and IST streets, repairing water and sewer services. Twelfth street, between F and V streets, northwest. Twelfth street, between F and P streets, northwest, repairing water and sewer ser- vices. Certificates of indebtedness, various num- bers. 270 194 571 571 571 571 291 194 560 571A $203 .50 304 36 819 95 1. 617 86 3, C07 96 19, 400 00 4, 572 85 106 06 2, 867 15 15, 220 80 300 00 300 00 200 00 200 00 200 00 5, 469 03 100 00 1,200 00 2, 500 00 100 00 500 00 278 86 407 67 149 Nineteenth street, between Pennsylvania avenue and I street, northwest, water and sewer services. P street, between Twenty-seeond street and circle, northwest. H street, between Third street east and Baltimore and Ohio Kailroad crossing. Certificates indebtedness, various narnbers. do 150 571 571 .571 571 571 560 571 571 571 571 571 460 291 560 834 834 560 571 560 571 571 834 571 571 Certificates indebtedness, Nos. 544 and 546 Certfticates indebtedness, Nos. 551 and 559. Certificates indebtedness, various numbers. 183 155 Certificate of indebtedness, No. 419 Certificates indebtedness, Nos. 532 and .543. Certificates indebtedness, Nos. 582 and 606. 156 157 163 167 168 Auditor's certificates, various numbers Seventh street, between Pennsylvania ave- nue and D street, northwest. West street, from High to Washington street, Georgetown. (Extension of con- tract 560.) High street, between Second and West streets. Second street, between High and Fayette streets. West street, Georgetown. (Extension of contract 560.) Twelfth street, between F and N streets, northwest. West street, Georgetown. (Extension of contract 560.) Twelfth street, between F and M, northwest. 1525 65 171 14, 199 92 7, 032 20 18, 565 90 6, 157 59 100 00 5, 237 79 3, 500 00 100 00 2, 549 58 200 00 500 00 172 174 176 High street, Georgetown Auditors certificates, various numbers 109,041 50 299,951 37 299,951 37 1353, 432 24 408, 992 87 Balance in favor of contractors over esti- 299,951 37 58, 480 87. TESTIMONY OF LEWI.S CLEPIIANE. 1551 L. S. FILBERT'S CONTRACTS. Estimated cost per Severson's report $o72, 301 53 Should be added thereto extension of eoutracts Nos. &M and lj-^2, whicli lie gives, but fails to carry ont the estimated cost of 41, 038 00 C.i:?, 339 53 Deduct error in Severson's addition 50 Total of estimated cost - til3, 339 03 Claimed by Severson's report to have been paid on the abuve contracts .fuOO, 177 16 Add to this errors in his additions 800 00 $500,977 16 Deduct as not applicable to contracts eunnu^rated in his schedule 110,403 93 Payments applicable to contracts 390,573 18 Which shows a balance in favor of contractor of •222, 765 85 below estimated cost, instead of §7"2,124.37, as reported by Seversou. The estimated cost of the contracts iu schedule is §613, 339 03 The cost of the contracts per governor's answer is 616, 752 83 Excess of actual cost over estimates is only 3, 413 80 Coutracta. Xo. 27. Sept. IS, 1871, p. 6, B. P. W. ; p. 340, G. A. Xo. 31. Sept. 18, 1871, p. 7, P.. V. ^V. : p. 340, G. A. Xo. ,32. Sept. 18, 1871, p. 7 B. P. W. ] p. 340, G. A.' No. 214. Dec. 1, 1871, p. 22, B. V. W, p. 344, G. A. Xo. 249. Apr. 26, 1872, p. 25, B.P.W. p. 345, G. A. Xo. 4ir.. Julv 26, 1872, p. 47, B.P.W.: p. 34!>, G. A. No. C2G. Dec. 12, 1872, p. 72, B.P.W. p. 353, G. A. Xo. 627. Dec. 12, 1872. p. 72, B.P.W. p. 353, G. A. Description of contract. Lay wooden pavement on Twelfth street, northwest, between Pennsylvania ave- nue and E stn'et, northwest. Lay ^liller wood j'avement on F street, northwest, from Seventeenth street to Eighteenth street, northwest. Lay Miller wood pavement on Eight- eenth street, nortliwest, from I'onn- sylvaiiia avenue to ( i street, northwest. Lay DeGolyer iiaveuiint, Xo. 1, on E street, northwest, from Tenth to Thir- teenth street, northwest. Grade and lay Scharf pavement, and construct i2-inchpipe sewer, with man-holes, Scv., on 11 street, northwest, from Thirteenth to Fourteenth street, nortliwest. Grade, set curbs, &c., on Mas.sachusetts avenue, from Fourteenth street, north- west, to Xew .Jersey avenue. Lay Miller or D(^Golyer wood pavement on Tenth street, northwest, from F to K street, northwest. Originallv (■stimate. Bfc. 12, lriT2, p. 73, li.r.AV.; j>. 353, G . A. So. f>t=2. May ir>. li^73, ]). 78, B.P.W. p. 355, G. A. Xo. 762. Julv 17, 1873, p. 91, B.I'.W.; p. 35t), G. A. Xo.763. Julv 17, 1873, p. 91, B.P.W.; p. 356, G. A. Xo. 796. .Jnlv 28, 1673, pp. 'M. 97, V,. 1>. W. ; p. '357. G. A. Desci'iptiou of contract. Xo. 823. Auk. 7, 1873, p. 101, B. P. \V. ; p. 357. G. A. Xo.?>.52. Got. 23, 1873. p. 118, B. P. W. ; p. 360, G. A. X'o. OOtl P. 3.'>3, G. A . Xo. 082. P. 355, G. A. Lay wood pavement on X street, north- I $29, 583 38 west, from Niuth to Fifteentli street, I northwest. Extenrtefl ti> embrace side- walk and parking on X street, )iorth- | west, from Eleventh to P^)iirteenth street, northwest. Extended to em- brace sewering, curbs, &c., on N street, northwest, between Fourteenth and Fifteenth streets, northwest. Lay wood pavement on Louisiana ave- nue, from Ninth street, northwest, to intersection of Louisiana avenue and Pennsylvania avenue. Construct 12-inch sewer, witli necessary man-holes, 6cc., on Vermont avenue, from M to P street, northwest. (See estimate in governor's answer, page 299,11,398.) Filberts vulcanite, itc, on Vermont ave- j 36,052 05 uue, from M to P street, northwest. Filbert's vulcanite side-walks and wood 7-1, 000 00 pavements, &c., on Xew Hampshire | avenue, from Massachusetts avenue to It street, northwest. Grade and set curb on F street, north- west, between Xinth and Fifteenth streets, northwest, and on Thirteenth street, northwest, Ijetweeu Pennsylva- nia avenue and F street, northwest; and con.struct 12-inch sewer, &c., on F street, northwest, between Tenth and Eleventh streets, northwest, ic., and Taylor and Filbert wood pavetncnt on F street, northwest, fnnu Xinth to Thirteenth streets, northwest, and on Thirteenth street, northwest, from Pennsylvania avenue to F street, north- west, and on Fourteenth street, north- west, from F street, northwest, to New i York avenue, and Filbert's vulcanite on F street, northwest, from Thirteenth to Fifteenth streets, northwest, &c. Brick footwalks on First street, north- west, from B to I street, northwest, and on north side of B street, north- west, from Xew Jersey avenue to First street, northwest. Curbing, footwalks, and wood pave- ments on Tenth street, northwest, from E to F street, northwest. The following are extensions to con- tracts upon which payments have been credited in the above list, viz : Miller wood pavement on Tenth street, northwest, from N to II street, north- west. See estimate in governors answer, p. 299 Estimated coat. 139,615 13 4, 686 50 4, 086 ,50 798 40 26,713 96 61,614 42 125, 142 60 11.5, 950 60 2, 488 27 11,6)2 22 6,368 80 39, 640 00 Excess of actual cost over estimate 616, 752 83 013,339 03 613,339 03 3,413 TESTIMONY OF LEWIS CLEPHANE. 1553 Faymcnts made hy the treasurer of the hoard of pnhlic works on schedule of contracts sub- mitted by B. Severson. Date. 117 125 123 1871. Dec. 22 1872. Feb. 9 iVpril 25 123 April 2.1 135 May 10 136 I May 16 161 138 May 28 135 May 7 138 May 22 139 141 June 3 June 12 143 June 24 144 June 28 146 144 July 8 June 28 l.'JO 159 Aug. 8 Oct. 15 Oct. 19 Xov. 18 118 122 127 133 I Mar. 19 Dec. 14 1873. Jan. 25 1872. 134 Mar. 20 135 Mar. 20 144 150 April 8 Aug. 13 Report for 1872. Ifew York avenue, from Fifteenth to Ninth street west. E street north, from Tenth to Thirteenth street west. E street north, from Ninth to Twelfth street west. Seventh street north, from Pennsylvania avenue to canal. E street north, from Tenth to Thirteenth street. Seventh street west, from Pennsylvania avenue to canal. New York avenue, from Ninth to Fifteenth street west. New York avenue, from Thirteenth to Fif- teenth street west. New York avenue, from Ninth to Fifteenth street west. do New York avenue, from Ninth to Eight- eenth street west. Ninth street west, from Pennsylvania ave- nue to B street north. Brick, New York avenue, between Ninth and Fifteenth streets west. H street north and New York avenue New York avenue, from Ninth to Fifteenth street west. do Massachusetts avenue, from Ninth to Four- teenth street west. Massachusetts avenue, from Ninth to Elev- enth street west. Report for 1873. Massachusetts avenue, from Ninth to Four- teenth street west Tenth street, from F to N street west -do 151 I Aug. 13 152 Aug. 19 153 Aug. 19 Eleventh street, from F to O street west. . . H street, from Thirteenth to Fourteenth street west. New York avenue, from Ninth to Fifteenth street west. do H street, between Thirteenth and Four- teenth streets, northwest. Square 218 N street, between Tenth and Fourteenth streets, northwest. Massachusetts avenue, between New Jer- sey avenue and Fourteenth street, north- west. Louisiana avenue, between Ninth street and I'(fnnaylvania avenue, northwest. Seventh and Ninth streets, northwest Alley in 8, 072 00 2, 876 03 1, 440 96 12, 659 17 13, 000 00 5, 000 00 2, 000 00 2, 124 71 7, 000 00 5, 000 00 500 00 3, 000 00 40, 000 00 5, 000 CO 13, 000 00 105, 403 98 390, 573 18 | §613, 339 03 TESTIMONY OF LEWIS CLEPHANE. 1555 Payments niadc by the treasurer of the hoard of imhlic works on schedule of contracts sub- mitted by B. Severson — Continued. Date. a 3 S Treasurer's payments. ^ ij M £-5.1 l§? o > a o c a o- o 3 1-2-2 1872. Jan. 19 Ne^r York avenue, Irom Xinth street to Fifteenth Street. Payments on contracts not given 85, 000 00 110, 403 98 3!)0 573 18 Payments on contracts "riven Total payments per Sever.son's report. . . 500, 977 IC Balance in favor of contractor over esti- mated cost. 8390, .573 18 ■2:1% 765 85 JOHN O. EVAXS'S CONTRACTS. Estimated co.st per Seversou's report $^2-i, 989 84 .'^Lould be added thereto extensions to contracts Nos. o6 and 794, which he reports, but does not give the estimated cost of, 69, 557 '28 And a typographical error in contract No. 694, (see governor's answer, page 300) 100,000 00 Total estimated cost 994, 547 jo ClaimcMl by Seversou's report to have been paid by the treas- urer on the above contracts §8G3, 716 55 Add error in Seversou's addition 8 00 863,724 55 Uednct as not applicable to the contracts enumerated iu his schedule 41,950 10 Payments applicable to contracts t-oi 774 45 172, 772 67 Which shows a balance in favor of contractor of below estimated cost, instead of an overpaymeut of $38,726.71, making an error in his statement of $211,499.38. " The estimated cost of contracts iu schedule is The actual cost of the contracts per governor's answer is 994, 932, 547 12 735 28 Hscess of estimate over cost 61 311 84 Contracts. Xo. 30. Stpt. 18,1871, p. 6: G. A. p, 340, Xo.41. Sept. 18, 1871, p. 8; p. 341, G. A. Description of contracts. Scharf p.iveTiicnt on Seventeenth street, from Pennsylvania avenno to G street north. Extended to embraco paving Seven- teenth street, from G street to New York avennc ; also from Pennsj'lvauia avenue to J[ street, 621,000. Further extended to embrace carringo- "^^7, ffradinf:, si Contracts. • 1 s o 2 o O Treasurer's pajTnents. i "3 o £ « a o ° zi u "S > a a a 5 "5 a 114 1871. Dec. 5 1872. Jau. 3 Jan. 23 April 16 April 25 May 2 May 8 May 11 May 22 Jane 18 Pennsylvania avenue, between Fifth and Seventeenth street west.' Seventeenth street, from Xew Tork avenue to Pennsylvania avenue. Pennsylvania avenue, from Fifteenth to Sev- enteentli street north. Pennsylvania avenue, from Fifteenth to Eighteenth street west Pennsylvania avenue, from Fifteenth to Eighteenth street west. 41 36 41 41 41 36 41 246 36 41 36 36 •SlO, 000 00 10, 000 00 10, 000 00 10, 000 00 7, 000 00 5, 000 00 5, 000 00 4, 000 00 5, 000 00 2, 000 00 8, 000 00 5, 038 97 119 193 139 133 134 Pennsylvania avenue, from Fifteenth to Eighteenth street west. Fifteenth street wi-st, from Pennsylvania avenue to Xew York avenue. Sevente(!nth street west, from New York avenue to T street Pennsylvania avenue, from Fifteenth to Eighteenth stieet north. Seventeentli stree.t west, from New York avenue to T street north. Seventt-entli stre<'t west, from Xew York avenue to I street 135 1^ 137 112 1558 . AFFAIRS IN THE DISTRICT OF COLUMBIA. Payments made hy the treasurer of the hoard of imhlic tcorlcs, ^-c. — Continued. 187 June 3. 18 July 16 July 23 July 25 Aug. 3 Aug. 8 Aug. 22 Sept. T Oct. 2 1S7.' Juu. 13 Jau. 13 Jan. 15 Jau. 1 Feb. 11 Feb. 17 Mar. 19 Mar. 22 Mar. 19 Contracts. Penusylvauia aveuue, from Fifteenth to Eigliteeuth street west. Fifteenth street we.st, from Pennsylvania avenue to Kew York avenue. Pennsylvania avenue, from Eighteenth street to Rock Creek. Pennsylvania avenue, from Eighteenth street to Eock Creek. Pennsylvania avenue, from Eighteenth street to Rock Creek. Pennsylvania avenue, from Eighteenth street to Rock Creek. Pennsylvania avenue, from Eighteenth street to Rock Creek. Pennsylvania avenue, from Eighteenth street to Rock Creek. Eighteenth, street west, from Pennsylvania avenue to K street. Pennsylvania avenue, from Eighteentli street to Rock Creek. East Capitol street, from First street east to Lincoln Square. East Capitol street, between First street east and Lincoln Squ.iro. Seventh street, between B street north and B street south. E sti-eet, between Second and Fourth streets, northwest. F street, between Second and Fourth streets, northwest. P street, between Twenty-second and' Rock Creek, northwest. Twenty-first street, between Pennsylvania avenue and K street, northwest. Bridge street, Georgetown, between High and M-street bridge. Fiist street, Georgetown, between High and Fayette stree+s. Eighteenth street, between Pennsjdvania avenue and K street, northwest. E street, between Second and Fourth streets, northwest. Stone flagging Stone tlagging Stone flagging, West street, Georgetown Twentieth .street, between Penn.sylvania avevnuo and K street, northwest. High and Bridge streets, Geoi-getowu Higli anil Aijueduct streets, Georgetown Twenty-lirst street, between Pennsj'lvauia avenue and K streets, northwest. P-street circle ;uid l''ai-rni;iit Square P-sti'eet vouchers lor dedueliou on property, from vouchei- 3770. Twentieth street, between I and K, nortliwest. Twentieth street, between Pennsj'lvania avenue and K street. For drops Flagging for board Bridge street, Georgetown Pennsylvania avenue, opposite Government reservation. E street, between Thirteenth-and-a-half street and Pennsylvania avenue, northwest. Seventh street, between B street north and B street soutli. East Capitol street, between First street east and Lincoln Square. Seventh street, between B street north and B street south. Treasurer's payments. .f 10, 000 00 8, 1C9 20 5, 705 00 1, 873 07 5, 627 52 71 25 5, 336 65 1. 062 66 3, 801 75 a 5 $454 40 444 50 18, 000 00 20, 000 00 20, 000 00 25, 000 00 20, 000 00 15, 000 00 5, 000 00 3, 000 00 35, 000 00 10, 000 00 378 13 156 33 2, 644 00 3, 879 36 462 69 13, 535 83 20, 420 55 4, 448 00 2,213 50 4, 800 83 9, 900 00 139 84 2, 498 64 6, 232 22 15, 625 00 35, 000 00 267 34 TESTIMONY OF LEWIS CLEPIIANE. 1559 Payments made by the treasurer of the hoard ofpuhlie ivorJcs, tj'c. — Coiitiuued. d Is Contracts. (4 ,=1 g 3 a 1 S Treasurer's payments. ° f'Z - V > a a'tig O On contracts given in Severson'slist a 3 y "o o a 154 1873. Mar. 14 Aug. 21 Aug. 21 Aug. 21 Oct. 6 Aug. 13 Oct. 15 Oct 27 Oct. 27 Oct 28 Twentieth street, between Pennsylvania ave- nue and K street, northwest. Seventeenth street, between B street and Kew Vorli avenue. Seventeenth street, between B street and New York avenue. Flagainu for board of public works 506 36 36 36 694 694 694 694 650 650 694 511 511 694 694 694 694 707 707 650 694 094 36 694 30 793 511 511 511 "03 $90 40 9, 000 00 10, 000 00 9, 000 00 20, 000 00 8, 000 00 1, 000 00 9, 000 00 27, 000 00 45, 000 00 7, 000 00 7, 000 00 15, 000 00 20, 000 00 15, 000 00 8, 000 00 8, 000 00 5, 000 00 25, 000 00 10, 000 00 5, 000 00 20, 000 00 le, 000 00 20, 000 00 5, 000 00 5, 000 00 10, 000 00 20, 000 00 5, 000 00 1, 084 98 13, 372 00 14,063 00 13, 100 00 17, 835 22 14, 000 on 156 157 Twelfth street, between B street north and B street soutli. B street, between Twelfth and Fourteenth streets, northwest. Fourteenth street, between B street north and 15 street south. Twelfth street, between B street north and B street south. Farragut Square, P-street circle, and Scott Circle. "Work per schedule } Seventh street, between B .street north and B street south. Fourteenth street, between B street north and B street .soutli. Fourteenth street, between B street north and B street south. B street, between Twelfth and Seventeenth streets, northwest. B street, between Twelfth and Seventeenth streets, northwest. Keseivation west of P-street circle . . do ,- ^ lfi1 Ifi" l<>3 B street, between Twelfth and Seventeenth streets, northwest. Seventeenth street, between B street and New Tork avenue. B street, from Twelfth to Seventeenth street, northwest. Sevejiteenth street, from New York avenue to B street south. «n9 170 E street, between Second and Fourth streets, northwest. F street, between Second and Fourth streets, northwest. Seventh street, between B street north and B street south. Eighte(!nth street, between Pennsylvania avenue and K stieet, northwest. Tliirteciitb street, from Pennsylvania avenue U> 15 street, northwest. Penn.sxlvaiiia avenue, from Fifteenth street to Koik (Jreck. Iligli st iiet, ( lenrgetown 506 020 "03 • 555 511 620 050 East Capitcd street, from First to Eleventh street i^ast. Tliirteenth street, from PonnsylvanLa avenue to B street north. P-street circle 17^ P.iyments on contracts not "iven §41, 950 10 821,774 45 821. 774 45 .*994.547 12 Payments on contracts given Amount reported by B. Severson Balance in favor of contractor over esti- mated cost. 863 724 ■'55 821, 774 45 172, 772 67 1560 AFFAIRS IN THE DISTRICT OF COLUMBIA. ABBOTT PAVING COMPANY. Estimated cost per Severson's report |40, 299 20 Paid per Severson's report $225, 332 62 Deduct as not applicable to cost 186,' 737 07 38, 595 55 Balance in favor of contractor of 1 703 65 instead of an overpayment of $185,023.42 as stated by Severson. Estimated cost of contract 40 299 20 Actual cost per governor's answer 50' 222 93 Excess of cost over estimate of 9 923 73 ABBOTT PAVEMENT COMPANY. Page 56, report 1873, contract No. 488. ^os* |i.50,222 93 Estimate _ 40 299 20 Payments on contracts specified 38,' 595 55 Payments on contracts not specified 186,737 07 RECAPITULATION. Payments not on contracts specified 186,737 07 Payments on contracts specified 38,' 595 55 „ Total 225,332 62 Reported by Severson 225 322 6. ANDREW GLEASON. Estimated cost per Severson's report 194 047 71 Add extension of contract No. 722 " 1950 00 Total J95 997 7 J Deduct contracts Nos. 819 and 940 upon which no work was done or pay- ments made 9 333 99 ^, • n , r, . , 186,658 72 Claimed by Severson to have been paid on above contracts. 120, 449, 36 Deduct as not aplicable to contracts enumerated by him. .. 21, 412 79 99,036 57 "Which leaves a balance in favor of contractor of 87, 622 15 below the estimated cost, instead of $74, 598.:i3, as stated by Severson. The estimated cost of contracts per schedule 186, 658 72 The actual cost per governor's answer is 182,' S:i8 56 Showing the cost to be less than estimated 3,820 16 ANDREW GLEASON. Report aacl page. tH Cost. Estimate. Payments. Remarks. Report 1873, page 5 18 179 279 700 *722 819 940 $18, 732 89 4, 073 31 90, 564 91 m, 405 45 5, 062 00 f 17, 269 60 3, 419 12 83, 000 00 79, 873 60 1, 196 40 7, 938 99 1, 350 00 S13» 367 80 4, 350 55 66, 318 22 IStOOO 00 19 29 81 84 100 117 Add extension of contract No. 722 182, 838 50 7, 938 99 1,350 80 194,047 71 1, 950 00 99, 036 57 2i, 412 7f» Deduct the following contracts : No. 819 395, 997 71 9,338 99 No. 940 186,658 72 *722. Extension. 1,950 00. TESTIMONY OF LEWIS CLEPHANE. 1561 J. V. W. VANDERBURGH. Estimate of cost per Severson's report $540,730 20 Paid per Seversou's report oa contracts $432, 294 97 Deduct error in addition 304 50 431,9'JO 73 Deduct as not anplicablo to contracts enumerated in schedule. 21G, 9fi9 73 11^,020 44 Showing balance in favor of contractor of 425, 709 76 below estimated cost, instead of $108,435.23, as reported bj' Severson. This larjfe excess of estimates over cost is accounted for by mixing the Abbott Pav- ing Company's contracts with Vanderburgh's. The estimated cost of contracts per schedule .$540, 730 28 The actual cost, per governor's answer 474, 890 92 The excess of estimates over actual cost is ()5, 839 36 J. V. W. VANDERBURGH. ^ a , a Oh Keportl873,p.3... 3... 17.. 19.. 2 3 160 183 186 214i 215 238 308 342 307 541 553 553 572 598 610 629 646 666 671 673 703 708 711 740 792 854 861 953 $1, 701 25 769 53 7, 356 03 §1,701 45 565 10 5, 630 90 3, 348 20 5, 910 40 8,679 00 500 00 5, 053 37 37, 070 24 5, 642 10 7, 262 42 2, 700 00 15, 000 00 $201 65 753 98 4, 856 03 Page 112 of 1872, as A. G., for §1, 500, is applicable to this contract. Page 112 of 1872, as A. G., for §2,500, is applicable to tliis contract. 19.. Do. 22.. 22.. 9,365 82 8, 407 62 24.. 33.. 37.. 40.. 62.. 63.. 5, 063 37 37, 070 76 7, 922 46 7, 923 58 5,171 03 21, 838 80 2,841 00 25, 948 83 6, 500 72 5,000 00 3, 413 89 17, 090 35 Mr. Sevorson omits canceled, so far as relates to cobblestone pavement oil High street. Extension, §4,048. 66.. as 23,674 48 37, 357 64 2, 600 00 4, 500 00 29,861 44 20, 294 04 70.. 72.. 75.. 4, 4.11 60 30, 780 31 4, 451 60 25, 502 39 77.. ■41,201 70 338 55 4,458 49 14, 150 36 17, 132 58 Work not don(> ; paid for in excavatioQ of other streets. Work done by other parties. Portion of work done by otiier parties. AVork suspended. 77.. 77.. 83.. 82.. 83.. 4, 000 00 7, 253 00 2, 948 00 4, 000 00 7, 253 00 1, 325 00 86.. 96.. 117, 770 36 102,381 12 1, 533 84 86, 902 20 672 10 102, 037 00 107. "Work suspended. 109. 118. 2, 294 93 2, 223 08 Anionnt not under coutiact specified 297, 361 31 442, 213 26 242, 080 78 197,208 73 4, 048 00 2,660 00 Add oxtfiision of 439, 349 51 Add istiiiiato of 183 186 215 598 666 671 792 854 861 3, 348 20 5,910 40 500 00 2, 600 00 41,261 76 338 55 1, 533 84 86, 902 20 672 10 448, 921 26 143, 067 05 Albert Gleason lias thirtv-five con- Deduct the follow- ing contracts : tracts, and only twenty-nine are re- ported by Severson. 305, 854 21 * This estimate not in governor's answer. A. I will state that in Mr. Sever.son's estimates there he puts in the con- tracts which I had under a coniniission appointed by act of Congress, and whicli were afterward paid by the board of public works, but no contracts awarded by the board of i>ublic works. That payment on those contracts by the board I think amounted to some 8i*'">,0()0 or $9G,00(). That is for the M-street work, and is not given in the list of contracts of the board of public works and does not really coiiu^ under the board of public works. There is a clear error in his statement of 8154,000. 1564 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. Is that the fault of Mr. Severson or is it the fault of the manner in which these matters are presented to the public in the books of the board of public works? — A. Mr. Severson undertakes to give the con- tracts and these payments, state what contracts they are on and what streets, which if he had compared he would have seen the payments did not apply to the contracts which he gave. By Mr. MattinGtLY : Q. He charges you in that statement relative to your contracts, with the payments received for M street, and does not credit you with the amount of the contract "? — A. No, sir. By Mr. Merrick : Q. Did you or not receive those sums of money upon contracts from some source or other 1 — A. I received the amounts of money as stated here. Q. The only point of difference is as to the sources of the contracts and the sources of payment, not the amounts. — A. But when he makes a charge of overpayments, he should certainly give the contract as well, and not make a false statement here. Q. You did receive all the sums he assigned to you as having been re- ceived ? — A. I have enumerated them all in these statements I have fur- nished to the committee. By Mr. Mattingly : Q. Just state to the committee generally as to the extent of the er- rors ; whether you find errors all through it. — A. They are all through them, varying from $50,000 to $100,000 in each statement, and more. Q. And find errors in addition "? — A. Yes, sir ; in addition in various l^laces ; additions in these columns ; and then there is one error of $100,- 000, which he really is not responsible for. It is a typographical error in the contract as reported in the report of 1873. It is a contract of 8147,000 there, which should have been $247,000, which the estimate opposite will show. For that no blame is to be attributed to him. I find in every one of his statements the same discrepancies. They will appear from the statements I have already submitted to the committee. By Mr. Merrick : Q. Do I understand you to say that the data he gives appear any- where in the published reports of the board of public works ? — A. O, yes, sir ; they all appear there. He takes his statements from there. Q. His statements are all taken from the statements in the report of the board of public works ? — A. Yes, sir. Q. Has he stated anything in his papers that do not appear at some place in the report of the board of public works ?— A. I think not. By Mr. Wilson : Q. Has he omitted anything from his statements that does appear from the report of the board of public works? — A. He misrepresents by making payments on contracts which he does not give. Q. Has he omitted from his statement anything that does appear on the face of the reports of the board of public works? — A. No, sir; I think not. Q. Then, if there is any error there it is not his fault, but the fault of the party who made up these reports ? — A. It is his fault by making a misrepresentation here at the close of his tabular statement for the pur- TESTIMONY OF LEWIS CLEPHANE. 1565 pose of endeavoring to show that these contractors have received more than the estimated costs. Q. Does it not so appear from the face of the reports ? — A. It does not. Q. Have yon pointed ont in yonr statement where, in the report, tliose things can be fonnd Avhich he has omitted to state in his statement ? — A. Yes, sir; I have pointed ont everything. Q. You say that there are things appearing on the face of the report that he does not take cognizance of in making up his statement ? — A. Yes, sir. By Mr. Mattingly : Q. Are all of Mr. Severson's errors on one side °? — A. Yes, sir. I have not seen anything that is not. AViTNESS. In this matter of the M-street bridge, also, I desire to put in a statement. He says, on page 09 of the record, " Page 14, January 25, construct an iron truss-bridge over Eock Creek, on the line of M street, northwest, between Washington and Georgetown, estimated cost, 815,508.52." Then he gives the payments by the treasurer, and he says "cut turning," ending with contract price. In that he has left ont all the various payments made on that bridge for other purposes, and taking simply the contract for iron-work, and given that and not the other ex- penses attending the construction of that bridge. Tlie following is the statement that I desire to submit in regard to the ]M-street bridge : M-street hridge. o o To whom. For what purpose. Amount. 1871. •147 C.S. English §298 63 529 13. Goodrick Sand 66 66 5?1 P( it Diaac Mills 350 00 fill" 100 00 7.-0 Stone 700 00 s05 79 81 104G J. II. Teemyer & Co 1, 675 50 1872. 58 wler & Tarwood 75 00 62 25 00 72 C. S. Eiifilish ....do 169 66 151 350 00 24C 1, 050 00 254 66 66 2ii:. Work 1,009 60 3tJ5 Kcl gjj; Bridge Company Iron suiierstructure 10, 000 00 .574 17 46 047 528 88 691 . . ; do ....do 1, 106 70 739 do .. .do 803 75 775 ... do ....do son 82 784 ... do ....do 86 12 811 . do ....do 1,204 13 KJ7 do do 1,699 45 864 do ...do 403 18 891 do ....do 1, 493 62 045 do ....do 1, 192 50 1011 2.50 00 1013 ... do ....do 250 00 1017 ....do 350 00 1039 B. Goodrick Sand 61) 66 1130 Stono 1,402 25 1169 1, 308 75 1191 do 1, 926 25 1357 .T. O Evans &. Co 428 50 1407 E. Goodrick Saud 66 00 1566 AFFAIRS IN THE DISTRICT OF COLUMBIA. M-strcct hridge — Continued. To whom. For what purpose. Amount. 1873. 1411 143G 1574 1612 1654 1775 1843 1850 1869 1931 2003 2062 2119 S144 Qi:,any . . ...do ...do ...do James Hudson K(01()gg I'ridge Company Fo^^lcr Sc Yarwood Kellogg Bridge Company Maryland Freestone M. '&. M. Co J. V.' W. Vanderburgh Gray & Noyes George "Waters Gray & Xoyes George Watei-s C.S. English Pay-rolls ...do ...do ...do ...do ...do ...do ...do ...do ...do ...do ...do A. Schneider J. V W. Vanderburgh Pay-rolls do ...do J. V. W. Vanderburgh James Hudson J. V. W. Vanderburgh Total. Stone Cement . . . Labor .. do Sand Tools Stone Cement . . . Freight... Cement ... Freight .. IroTi work . Lumber . . . Stone ....do Sand Hauling . . Labor ....do ...do ...do Stone Cement Sand Freight Hauling Stone Sand Iron and wood work . ...do ...do ...do Painting Iron and wood work . . . Stone Hauling Stone "\\'ork on approaches Lamps Cement Material Cement Material Labor ....do ....do ....do ....do ....do ...do ....do ...do ...do ... do ...do Iron-railing Work on approaches . . . Labor ...do ...do Slope- wall at abutment Painting Iron plates U, 400 00 700 00 2, 317 oo 3, 136 34 66 66 103 00 1,100 00 887 50 213 40 350 00 630 85 1, 000 00 15 30 787 50 1,380 62 66 67 241 50 3, 120 73 3, ()04 65 3,181 92 3, 105 99 900 00 5".25 00 50 00 174 08 111 50 562 50 33 33 1,067 60 203 71 213 46 17 ;)i 7 50 538 05 18 87 16 00 427 09 4,016 40 100 00 315 00 15 00 225 75 6 50 3,096 6-' 3,711 20 4, 163 71 2, 802 33 2,519 07 1, 7-,'2 41 2, 025 47 1, 606 17 1,214 40 827 01 962 39 309 34 2,411 75 4, 0-27 95 469 87 119 75 281 71 5,504 00 43 86 93 82 105, 969 20 The amount reported by B. Severson, on page 769 of the testimony, viz, $14,230, simply represents payments to the Kellogg Bridge ("ompuny on their contract to build the iron superstructure, whereas the amount reported by the board of public works in its report of 1873, viz, 1105,969.20, applies to the bridge and the approaclies thereto, abutments, retaining- walls, iron railing, lamps, painting, and all the required masonry, as shown in detail by the foregoing statement. TESTIMONY OF LEWIS CLEPHANE. 15G7 Q. Have you indicated where they can be found in tliis statement ? — A. Yes, sir ; giving- the voucliers here, as reported by Colonel Magru- der in his report. By Mr. Mattingly : Q. To return to your contracts with the board of public works in your individual capacity, and as president of the Metropolis Paving Compa- ny, state the gross amount of these contracts. — A. 1 would state that the whole amount of the contracts for the ^Metropolis Paving Company with the board of public works amounts to 8195,532.14. Q. Your individual contracts ? — A. My individual contracts amount to $1;35,4(;l'.«)(). Q. ISTow please state what proportion of the amount that was done by the ]\Ietropolis Paving Companj- or b^- yourself was received in cash, and what in other modes of i)ayment. — A. I will state that the aggre- gate amount of contracts of the board of public works and my own amount to $330,054.74. Q. That includes the Metropolis Paving Com])any contract ?»— A. Yes, sir. In this statement, gentlemen, you will lind tlmt it varies from the statement given by me of the amount of my contracts. You will re- member that in these contracts they charge us for materials which go in to nudvc up the aggregate account in this. That is all deducted — the actual amount I received from the board of public works. By Mr. Merrick : Q. Less the price of material? — A. Yes, sir. By Mr. Wilson : Q. That is the whole amount received on account of your individual and Metroi)olis Paving Company contracts f — A. Yes, sir. I have re- ceived only cash to the amount of about $72,000 for the entire work, and about 8207,000 in bonds. The rest was in auditor's certificates. Q. And somewhere from 20 to 25 per cent, you received in cash ? — A. About that. Q. Can you give the committee any information as to the cost of wood pavements ! You have had some practical experience in laying wood pavements. — A. I can. I will state that I made up a statement from 111}- books on February 29, 1872. That statement was presented to my company as the basis of the cost of work, and, therefore, not made up for the purpose of this investigation at all. That would take in con- tracts which I had for the paving of Pennsyhania avenue, which, of course, do not con)e under the board of public works. I made a profit ou that work of about 81.41 a yard. Q. \Vhat was the price of the wood pavement ? — A. For a portion of it— I got, for 10,9(31 yards, 83.95 a yard ; and for 20,390 yards, 1 got 83.75 a yard. For the M-street work I got 83.10 a yard. I made on that work 75 cents a yard. (^>. Were the M-street and Pennsylvania avenue both untreated wood? — A. Yes, sir; for Market Space; that 1 did under the board of public works ; the wood was not treated, and I made 07 cents a yard profit on that. • By Mr. Merrick : Q. What was the contract-price of that IMarket Space ! — A. Three dolhirs. On Kleventli street I made 52 cents a yard, ami Xineteenth street, a portion of it 05 cents, and for a portion 52 cents a yard. The larger portion was 52 ce^ts. 1568 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Treated wood 1 — A. That was not treated. Q. Give us the amount paid iu these instances. — A. On that pavement it was $3 a yard. Oa D and Seventh streets I made only 58 cents a yard. That was treated wood. That was $3.50 a yard. On Twelfth street I made about 70 cents a yard. That was treated wood. That was $3.50 a yard. I will state this : these prices are the actual amounts over the actual cost. Such do not include, of course, the expenses of office and clerk hire, and such things as that. By the Chairman : Q. Is tliat an estimate of what you received at par? — A. Yes, sir; taking the certificates at par. Q. Not including- any loss on this! — A. No, sir; taking certificates at par, I think, is a fair estimate of the cost of wood pavements. We could make sometimes more on some streets than we could on others. Mr. Christy. As suggested to the committee, there is one branch of this inquiry that we propose to suspend until the books of the Metrop- olis Paviyg Company are produced. There are, however, some ques- tions that we may ask in the absence of the books, and I now proceed to do so ; of course, reserving the right to call for the books hereafter. Mr. Mattingly. If the committee think the books are material they will be produced of course. By Mr. Christy : Q. You say, on the 29th day of February, 1872, that you made a statement of the condition of the business of the Metropolis Paving Company ? — A. Yes, sir. Q. State the names of the parties who were interested in the Me- tropolis Paving Company at that time, in any form, directly or indi- rectly, and those that, to your knowledge, had an interest in that com- pany. — A. It was a regular stock company, and there was quite a num- ber stockholders. I cannot remember all the names. Q. Do your books show the stockholders at that time ? — A. Of course. Mr. Christy. We desire to have the books produced, as the witness cannot speak from memory. By Mr. Wilson: Q. Who has the books? — A. I have them. They are in my possession at my office. If the committee insist upon having them, I can produce them on Monday. Mr. Wilson. We shall want to see them. By Mr. Christy : Q. Are you still interested in contracts under the board of public works? — A. lam not. Q. How do you explain that, in view of the fact of your having given bonds to keep these pavements in repair for a period of three years — both wood and concrete pavements ? — A. As a matter of course, I am responsible that far ; I have got to do that, but I am not in business now. Q. Your present office is that of collector of the District ? — A. Yes, sir. By Mr. Wilson: Q. By whom appointed ? — A. By Governor Shepherd. Q. How long have you held that position ? — A. Since December last. Q. I was desirous of having the letter that you read yesterday, but TESTIMONY OF LEWIS CLEPHANE. 1569 the reporter seems to liave it, and I will ask you a question or two in re- gard to some other matters. What pavements were re])resented in this Metropolis Taviug Company ? — A. The Stowe, the Miller, and the Ballard. Q. Those are all wood pavements ! — A. Yes, sir. Q. What time was that Metropolis Paving Company organized ? — A. In xVngust, 1870, I think. Q. Do you know whether at that time movements were on foot for the purpose of organizing the District of Columbia under its present form of government ? — A. I am not certain whether there were at that time or not ; I know such were in i)rogress a long while ; then the move- ments were suspended for a considerable time. Q. l>o you know anything about a meeting that was held for the pur- pose of setting on foot this matter of the present organization of the District of Columbia ? — A. I know of such a meeting. Q. Where was that meeting held? — A. That I know nothing about except from the mere statements of others. Q. According to the best of your information, where was it held ? — A. I understood it wa^ held at Kilbouru and Latta's ofitice on Seventh street at that time. Q. Do you know who were present at that time ! — A. I do not. Q. AVas this Metropolis Paving Company organized before or after that meeting ? — A. That I am unable to say. Q. Have you anything in your possession — any data, any books, papers, or memoranda or any thing of any kind — that will enable the com- mittee to get at the date of that meeting ? — A. ivTo, sir; I have not. Q. Can you inform the committee where they can get the information on that subject ! — A. I cannot unless they can get it from Kilbouru and Latta. I presume they will know. Q. X(nv, who were the parties who originally conceived the idea of the organ izatiou of this Metropolis Paving Company ? — A. Well, 1 presume I was the prime mover in it. Q. What other person did you consult ? — A. We had quite a number. Mr. Mohun was the most active with me in that arrangement — R. D. Mohun, Q. Who else ? — A. Th.ere vras Dr. Filbert and quite a large number brought into it by the consolidation of the three interests. There were three interests. There was what was called the Stowe, That was owned by Mr. Shepherd, Mr. Mohun, and n?.yself. Then there was the iNIiller patent That was owned by Dr. Filbert and Mr. Collins, of Philadelphia. and some other gentleman, named Martin, I think. Q. Who owned the balance ! — A. That was owned by Mr. Solomons and by Mr. Smith, Q. Wliat Mr. Solomons ? — A. A. F. Solomons, of the firm of Philp ic Solomons. Q. Who else ? — A. I think they were the principal ones. I could iu)t tell you who were in the organization. Q. Now, did you gentlemen have a meeting with a view to organizing this Metropolis Paving Company ? — A. Yes, sir. Q. Wliere was that meeting held '! — A. That was held at the office that we had taken over Mr. Shejdierd's stoie on Pennsylvania avouuH, Q. Did you keep minutes of that meeting ? — A. I think so. Q. Where are those minutes J — A. With the secretary of the com- pany, ]\Ir. A. M. Smith, who lives in this city. He is not now secretary of the c()m})any, for the company went into liquidation a year ago. Q. He turned the book.s over to you.' — A. 2vot those booiis : he has 91) D C T 1570 AFFAIRS IN THE DISTRICT OF COLUMBIA. those still in his possessiou ; I have only the account- books. All the records of the company are in the hands of Mr. Smith. Q. How many meetings did you have before this company was organ- ized ? — A. We had several meetings from time to time. Q. Wliat was the character of this organization 5 was it aii incorpo- rated company 1 — A. Yes, sir. Q. Under what law was it incorporated ? — A. Under the general in- corporation act of rhe District of Columbia. Q. Was that a law of ancient date, or was it a recent act ? — A. The company was probably one of the first organized under that act. Q. Did your company procure that act ? — A. No, sir. Q. How long had the act been in force prior to the organization of your company according to the best of your recollection ! — A. I cannot remember anything about it. The records, I believe, show at what time that law was passed. Q. Were you at any time instrumental in securing the passage of that law ? — A. No, sir ; I did not know anything about it until after it was passed. Q. It was not passed with a view to this organization ? — A. No, sir. Q. Was the Stowe pavement laid after the organization of your com- I>any by any person other than your company ? — A. No, sir. Q. Was the Miller pavement laid by any one other than your com- pany, any contractors ? — A. The board did have it laid, but without any authority from us. Q. The Ballard ?— A. That, also. Q. That was laid without any authority from you ? — A. Yes, sir. Q. Was there any arrangement between your company and the con- tractors with reference to laying these different pavements ? — A. No, sir ; not until after we abandoned the contracts. After that we ex- pected a royalty. Q. Did you get a royalty from all these parties who laid this pave- ment! — A. No, sir ; we addressed a communication to the board of public works requesting that they would withhold payments from these parties, as they had not made a special arrangement with us, and we should look to the board of public works. Q. Are you holding a claim of that kind against the board of public works? — A. I hold a claim. Tliey refused to recognize it, and I there- fore tiled my claim against the contractors to be considered in the set- tlement of their account. Q. Where? — A. With the board of public works. Q, Do you recollect what the amount of th.at claim is? — A. I do not exactly. Q. About how much ? — A. Ten cents a yard on all pavements. Q. How much does that amount to, do you remember? — A. I don't think it amounts to very much. It is no object to me, because I have to pay that royalty to the patentee. Q. Exactly; but I want to get the amount of the claim. — A. I could furnish you that from my books, bat I cannot d(5^it from my memory. It is no interest to me except I am bound for all laid in the street. Q. Now, what was the purpose of the formation of this Metropolis Paving Company ? — A. To seek work and do contracting. Q. You had the Stowe pavement, you and Governor Shepherd and Mr. Mohun?— A. Yes, sir. Q. You could seek work without the formation of the Metropolis Paving Company? — A. Yes, sir. Q. And these parties owning the Miller pavement j they could seek TESTIMONY OF LEWIS CLEPHANE. 1571 work without the foniiation of such a company? — A. Yes, sir; they uiijiht. Q. And so nii^sj^lit the parties ownino- the Ralhird ? — A. Yes, sir. Q. Then your sole puri)ose was to seek woik ? — xV. The sole purpose was to form a company for i)uttiug down'tlie best pavement. Q. Is that the only puriK)se now 1 — A. That is the only purpose. Q. You had no purpose to combine these three interests so that there should be no competition in bidding? — A. No, sir; there are a thou- sand and one ditfereut patents that could come in competition, and did come. Q. What was the necessity then for combining those three in one company? — A. We deemed it advantageous for us to do it. Q. In what way? — A. We were all intimate friends, owning these different patents, and we thought it best to form one company. Q. Why ; what advantage was it to form one company ? — A. We thought that it would be advantageous to have them together, and in a business point of view I think it was very desirable. Q. Did you have any sort of purpose of preventing competition be- tween you three parties with regard to bidding on pavements ? — A. I do not kiu)w al)out competitien. As a matter of course, if we united, each was to receive an eipial benefit; all were to share alike. Q. Was not it apart of your object in forming this Metropolis Paving Company to avoid coming in competition with each other ? — A. That might have been, in a measure. Q. AVas not that a part of the purpose! — A. It might have been. Q. Of course, it might hav,e been! — A. We considered the matter as businessmen, and, looking to business, presumed it would be better to have those three interests combined. We were all associated together in business operations and in friendly relations, and we tbouglit it best on the whole to form this company. Q, And did not you think it was best because you would not then be ligbtiiig each other ? — A. Certainly. Q. That was the rc^ason, now, why you thought it was best ? — A. Cer- tainly. That is a business operation, I am sure. All men in business do tliat. Q. Whi(!h of these three pavements is the most exi»ensive to lay ? — A. I do not think there is much difference between them except the Bal- lard. The Ballard [irobably will be. The blocks coidd not be cut very readily. We bought machinery- of different kinds for the purpose of cutting the blocks, but they all proved a failure. Q. Which is the most expensive to lay ? — A. That would be the most expensive. It would be the cbeai)er if we (;ould lay it, if we could cut the blocks ; but we cannot do tluit. Q. How is it as between the Stoweand Miller ? — A. I thiidc about the same. Q. Is there any difference between them ? — A. I do not think there is. Q. You have haatents were used of wood i)avenu'nts in this city ? — A. Well, (piite a numl)er of them; among others tlie Follansbee, Perry, DeGolyer, Morse, Filbert »& Taylor, Keystone, and there may be some others. (^ Those were all used here in this city ? — A. Yes, sir. Q. Wiiat wood pavements were cml)raced in the original bids that 1572 AFFAIES IN THE DISTRICT OF COLUMBIA. Avere Diade on which the prices of payment were fixed, or established by the board 1 — A. I do not know ; we only bid for three kinds. Q. Yon parties put in bids for three kinds of wood pavement?— A. Yes, sir; the Metropolis Company did. Q. You put in for the Stowe wood pavement, the Miller wood pave- ment, and the Ballard wood pavement ? — A. Yes, sir. Q. Who i)ut in these several bids; was it all done by the Metropolis Paving Company ? — A. Yes, sir. Q. 80 that you had one party bidding for three different wood pave- ments. Bid you fix the figures at the same rate? — A. Yes, sir. Q. All the way through? — A. Yes, sir. Q. Do you know of any other wood pavements that were embraced in any bid that were bidfor ? — A. Yes, sir; I think all the different kinds. The bids will show about That. By Mr. Wilson: Q. Had you anything to do with concrete-work? — A. I had a little to do with it. Q. Did you belong to the firm that put down concrete pavements? — A. Y^es, sir ; with Mr. Evans first, and then I did some work for a party who had a contract under the General Government for layiug a pave- ment on G street between Seventh and Ninth streets. Q. Who was that party?— A. He was a Dr. Gibbs, I think. Q. Where does he live? — A. I thiidi he is living in the city. Q. What was his business? — A. That is more than I know. Q. Did he get the contract, or did you get it ? — A. He got the con- tract. He got it from the Secretary of the Interior. Q, It was not from the board of public works? — A. No, sir. Mr. Wilson.' My question had reference to the l)oard of public works, of course. Q. Do you know of any union of parties, owning concrete patents, into paving companies ? — A. I know of no union. Messrs. Evans and KilboLirn and myself were interested in the concrete pavement together. Mr. Evans had charge of it entirely. Q. What patent did you have? — A. Well, what we had was the Scharf princii>ally. Q. Did you have any other patents under your control? — A. We had the vulcanite. Q. Any other? — A. No, sir. Q. Did yon first form yourselves into a partnership and then purchase these patents, or were the patents owned by some of you prior to the organization of your firm ? — A. I think it was about the same time. I do not know as we had any pavements prior to that event. Q, Did you secure the patent with reference to the organization of the firm '? — A. We did not buy them at all. Q. Did you secure the exchisive right to use them in this city? — A. Yes, sir. Q. Did you do that before you formed the firm or afterward? — A. Before. Q. Who procured these different concrete patents? — A. For the Vul- canite there were Dr. Filbert, Mr. Kilbourn, Mr. Baldwin, Mr. Evans, and myself. Q. Then who owned the other one?— A. That, I think, Mr. Evans owned alone. Q. Then, having secured these patents, did you then form a union of the two, the two different interests into one? — A. Not exactly. TESTIMONY OF LEWIS CLEPHANE. 1573 Q. Whnt dill you do? — A. We contracted separately. For instance, I believe Dr. Filbert contracted for New York avenue — to put down the vulcanite. (^ You made separate contracts, but was there a community of in- terest? — xV. No, sir; not entirely. Mr. Evans, Mr. Kilbourn, aiul my- self were interested in the Scharf pavement; that is, I was to have an interest in it, and Dr. Filbert controlled the other, and in ihat way were we four, with the addition of Mr. IJaldwin, who was to do the work, and have an interest. Q. What was he to uet for doing the work ? — A. I think $2.10. Q. He was to do the whole work ?— A. I think for $2.10. Q. He was to do the whole work ? — A. Yes, sir ; we furnished all the machinery and the appliances for doing it. Q. What nuichinery was itf — A. We had steam-engines and various appliaiu-es for mixing the concrete by steam — steam-boilers and all these things. Q. You, gentlemen, then, furnished the machinery for doing the work ; Dr. Filbert furnished the material and did the work ? — A. No, sir ; Mr. Baldwin did all the work. Fie furnished the material and did all the work, and he got 82.10. Q. So you got $1.4:0 a square yard for the use of the machinery ? — A. AVe got that nominall3\ Q. What do you mean by " nominally !" — A. That contract was only $3 a yard, if 1 mistake not. Q. But you got $3.50 for it ultimately ? — xl. Ultimately that was changed entirely; taken from the Vulcanite and given to Mr. Evans — the Washington Asphalt Company. Q. Was that same arrangement carried out? — A. No, sir. Mr. Bald- win's contract only ran until the 1st of January. Q. As long as it did run, what did you get for the use of your ma- chinery ? — A. All I know is when we panned out we were considerably behind hand. Q. 1 am Just simply trying to get at what your arrangement amounted to ? — A. Tiiat was the arrangement. Q. If the contract was carried out, he got $2.10 for the work and fur- .nished material, and you got the difference between that and the con- tract-pri(!e for the use of the machinery ? — A. Yes, sir. Q. That was taken away and given to John O. Evans, was it? — A. Yes, sir; that is the Scharf. Q. In what way did you do that work? — A. That I had really little to do with ; ^Nlr. p]vans arranged the whole of that. Q. I presume you were a party in interest, and you know soinetliing about what was going on ? — A. I didn't know much about that really; 1 had only a nomiiml interest. Q. Did John O. Evans do the work himself or let it to somebodv else ?— A. He did it himself. Q. Why were the contracts for this Metropolis Paving Company let in your name exclusively ? — A. I was the president and exccutix'e olUeer, anrl by the l)y-laws was given full ])ower to carry out the business o[)era- tions of the eonii»any. (}. What was the jjurjiose of letting contracts in youi- individual name? — A. I don't know that there was any particular object in it. I was a responsible ])erson. (I. Was it publicly known that there was such an institution as the Metropolis I'aving Company ? — A. Yes, sir; very publicly known. 1574 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. So tbere was no attempt to conceal tbe fact of the existence of that corporation! — A. Bo, sir; none whatever. Q. But was it publicly known that the Metropolis Paving Company had contracts hero ! — A. Yes, sir ; it was generally considered I repre- sented the Metropolis Paving Company. Q. You were representing yourself, also? — A. I did afterward. Q. Is there anybody now that can take the report of the board of public works, and distinguish between contracts that were let to you individually, and the contracts in which the Metropolis Paving Com- I)any had an interest"? — A. I think not. Q. So that so far as the world is concerned, they could not tell of the existence of the Metropolis Paving Company, from the report of the board of j)ublic works? — A. I think not; in some cases I think it is put down, and I signed often as the president of the Metropolis Paving Company. Q. But that was kept in the records of the office? — A. Yes, sir. Q. So that if Mr. Seversou fell into an error in supposing you had all this work, it was because of the manner in which this business was done, rather than any fault of his? — A. There is no attempt to conceal anything there. Q. I am not assuming that there was, and do not suppose that there was, and the fact is the Metropolis Paving Company is not known in any reports of the board of i)ublic works. — A. No, sir; 1 think their name is not mentioned. Q. Did the members of the board of j)ublic works know that this Me- tropolis Paving Company was having these contracts? — A. Yes, sir. I do not remember that any of my contracts were taken by me until after we had resolved to wind up the Metropolis Paving Company. Q. Then, as long as it was contemplated to have such an institution as the ^Metropolis Paving Company, that company had the contracts ? — A. Yes, sir. Q. But when it was determined to wind that up, then you began to take contracts on your own account ? — A. Yes, sir. Q. You said a while ago yon had received two hundred and seven and some odd thousand dollars in bonds ; what kind of bonds ? — A. They were improvement-bonds and the sinking-fund bonds and some sewer- bonds. Q. What amount of sewer-bonds ? — A. A very small amount. Q. The chief part of what you received, then, aside fiom cash, were these permanent improvement bonds and part of the four million loan ? — A. The larger portion were improvement-bonds. Q. AMiat do you mean by that? — A. That is the 7 per cent, improve- ment-bonds. Q. What was their value in the market at thetimeyou received them? — A. I considered that they ought to be worth par. I could not get par for them. Q. How much did you lack for it ? — A. I do not know that I sold any of them. What I did was to distribute those bonds to our shareholders in the company. Q. You made dividends of these bonds. What were they worth? You did not sell them at all? — A. 'No, sir; I have paid them out to our associates, as par, of course, the same as I received them. Q. They were divided up as dividends? — A. Yes, sir. Q. And were worth about par at that time? — A. No, sir. Q. What were they worth? — A. I cannot say what they were worth. Q. I should like to know about what thev were worth. — A. I do not 9 TESTIMONY OF LEWIS CHEPIIAXE. 1575 know. T think the siiikiug-fimd bonds were selling at one tinie for abont 05. Q. How about these others? — A. I do not know. Q. You call these improvenieut-bonds; what were they?— \. Tiiey were issued for the itnprovement-of the streets, and so on. (}. Under what authority were they issued ?— A. I thinlc under the four million loan. Q. That is what I asked a while ai^o. Tiien you know there were sinkinji-fund bonds? — A. Besides there were 8 per cent, bonds, I think. Q. What proportion did you get of the sinking fund bonds and what proportion of the four millions ?— A. I cotdd not remember. I took at one time, for instance,, $92,000 in 8100 certiticates, wliich were issued by the board of public works, and those I distributed up among the stockholders, and they probably afterward got bonds for them. Q. Were they not converted afterward into these bonds ? — A. Some of them. Those parties who held them did with them as they pleased. Q. Did the board of public works take auditor's certiticates and di- vide them into smaller certiticates? — A. Yes, sir. Q. Was that done for the purpose of enabling you to distribute these smaller certiticates among your shareholders ? — A. That was the reason I took them from the board. Q. That was why they were issued? — A. Xo, sir; not with reference to that; but they were issued in that way to any one that wanted them. Q. That was the practice or expedient resorted to by the auditor? They did resort to the expedient of dividing up larger certiftcates into smaller ones to the end that whoever desired them might use them in smaller sums ? — A. Yes, sir. Q. And of those you took some ninety-odd thousand dollars ? — A. Yes, sir. Q. You divided them among your shareholders? — A. A portion ot them; not all of them, of course. Q. Did y; about $80,000. (},. Von did not lose anything? — A. No, sir. Q. How long has the corporation been in existence? — A. From August, 1870, until April L*3, 1873, I think. Q. When did you cease to take contracts? — A. I do not remember when it was really that we had the last contract. By the Chairman : Q. Your nominal capital was $200,000 and your paid up capilal $ l(>,000? — A. Yes, sir. 1578 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. When was that capital paid up ? — A. At the commencement. Q. That is, in August, 1870 ? — A. It was not paid up exactly at that time; probably running through to November or December. Q. All paid up by December 1 — A. I think so. Q. No other capital paid except the $40,000? What was that — a per- centage on $200,000 "?— A. Yes, sir. Q. And paid up pro rata by each shareholder ? — A. Yes, sir. By Mr. Wilson : Q. Your Metropolis Paving Company, if I understood you a while ago, had had contracts to the amount of $195,532.14 ? — A. Yes, sir. Q. Now you say they had paid in $40,000 of capital stock ? — A. Yes, sir. Q. And they have made $80,000 of profits ?— A. Yes, sir. Q. That makes $120,000?— A. About that, I guess. Q. And you got that out of $190,000 worth of contracts ? — A. No, sir. Q. What did you get it out of? — A. We had Pensylvania avenue and M street, which were not included in them. Q. What did you get out of them ? — A. I cannot remember the exact amount. Tbe bulk of our profits was in those two contracts. By Mr. Merrick : Q. You say you were paid in the bonds of the four million loan ? Did I understand you right ? — A. I think some of them were. Q. Paid by the treasurer ; the payments were all made to you by Treasurer Magruder? — A. Yes, sir; I think so. Q. Can you tell me what amount approximately of the four million loan was paid to you, or how many bonds of the four million loan were paid to you ? — A. I cannot. I do not remember how much. I made no distinction in regard to those things. Q. Can you form any approximate estimate of the number of the four million bonds paid to you by the treasurer ? — A. No, sir ; I could not from memory. Q. As much as $20,000, do you suppose? — A. I cannot say, for I can- not remember about the different bonds — the amounts of each. Q. But you do remember a portion of the payments made to you by the treasurer were in the four-million-loan bonds ? — A. I think so. By Mr. Mattingly : Q. Are you certain of that ? — A. No, sir. Governor Shepherd. All of the four million loan was disposed of in Europe. Witness is speaking of the supplemental appropriation — the bonds that were issued to make good the deficiency in the lour million loan. • The Witness. That is what I had reference to. There was an act passed by the legislature providing for the issue of bonds to make up the deficiency occasioned by the discounting of the four million loan. Q. That is the $260,000 issue of bonds, was it?— A. Yes, sir. Q. Not the original four million ? — A. No, sir. Mr. Christy. I desire that Mr. O. H. Evans, the book-keeper, shall produce the original books that he is under obligation to present here, and I should like to have him do so on Monday, in order that they may be examined in connection with the books of Mr. Clephaue. I refer to the books of the Asphalt Paving Company. TESTIMONY OF CHARLES E. RAY. 1579 Charles E. Ray sworn. By the Chairman: Question. Wbire do yon reside ?— Answer. In Chicago. Q. What is your business f — A. Contractor. Q. Did you ever liear of UeGolyer & McClelland ?— A. Yes, sir. Q. Did you ever lay any portion of that pavement known as the De- Golyer & MeClelhuul contract ? — A. Yes, sir. Q. How much of it '? — A. About 2o,(K)0 yards. Q. When '! — A. Durinu- the season of 1873. Q. When did you be,uin it ?— A. I think about the 20th of September. Q. And end ?— About the 20th of November. Q. Where did you lay it?— A. On C street and N^w Jersey avenue; on B street right down here. I think it is northeast ; I would not be certain. Q. Did you have personal charge of it? — A. No, sir; I did not. Q. Do jou know what it cost ? — A. No, sir ; I cannot tell exactly what it cost. 1 have not had an opportunity to examine the books as yet. 1 think it cost, however, from $2.70 to $2.80 per yard. Q. Does that include the expense of lumber, laying, grading, &c. ? — A. Yes, sir. Q. And all the material ? — A. Yes, sir. Q. You do not include in that cost anything paid for the original award?— A. No, sir; we did not pay anything for the original award. It had nothing to do with the original award. Q. You came into this matter subsequently ? — A. Yes, sir. Q. Do you know anything else that we ought to know as to this con- ti-act? — A. I could not say as to that. I do not know that I do. By Mr. Ma r tingly : Q. State about the character of this pavement, from your knowl- edge here and in other jdaces. — A. As far as the pavement is con- cerned in our town, it is a good pavement. It is considered so ; and I ■went over the streets here yesterday to see the pavement that had been laid last season, and 1 think that it is in a very tine condition. Q. You think it is a good pavement ? — A. I tbink it is, most assuredly. Q. Can you give the committee the items going to make up the cost? — A. Yes, sir. By Mr. Stewart : Q. Did you keep the books'? — A. No, sir. Q. Did you superintend the putting of it down ! — A. No, sir. I know about tilt* cost, as near as we can decide it now. Of course, we have not received all for that i)avement yet, and there will be amounts to be charged to the cost of ttie pavement that we cannot possibly estimate now that will probably increase the cost of it; but I should say that pavement will cost from 82.70 to $2.80 per scjuare yard. Q. That does not include the cost of keeping it in repair? — A. No, sir. We cannot estimate that. No one can. That is one of the con- tingencies of the contract. By Mr. Wilson : Q. Who supei intended this work for you in this city ? — A. A man by the name ol' Clulf. Mr. Whitney had charge of the work done, and Mr. Clutf was under him. Q. Did you lay any pavement on C street, coming u[) to the Baltimore Depot ?— A. Yes, sir. 1580 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have j^on looked at tliat recently ? — A. I looked at that yesterday with the idea of liaving wliatev^er was wron^^ about the pavement reme- died at once. I inteud to have it doue on Monday. There is very little about it that is wrong-. What is wrong I shall set men to work on Monday to fix, so that it shall be in good condition. Q. Are there places throngh which the water is coming up through the pavement now ? — A. Not that I have noticed, except right along the railroad-track. Our foreman says that when the railroad-company put down the stringers they set them right down on the top of the ground without tamping the foundation under them at all. Right along the side, within six or eight inches of the stringers, the pavement has evi- dently been working from that fact. Q. Did you notice whether any gravel was put under your pavement or not ? — A. Yes, sir, there was, for I was here times enough while the work was going on to know that was the fact. Q. What thickness of gravel was first put under it ? — A. I should judge it run from six to ten or twelve inches. Q. That pavement, then, was not put down on the ground — on the dirt ! — A. O, no sir ; it was not put down on the clay. Q. What amount of certificates of the board of public works do you Iiold now ! — A. Well, the certificates, to a certain extent, have been di- vided between McClelland and Jenkins and Ray and Whitney. Q. I want to know^ what amount of certificates was issued to all the parties who put the pavement down on account of that 25,000 yards? — A. I think somewhere about $80,000. Q. Did you get any money at all ? — A. No, sir. Q. None of those certificates have ever been paid ! — A. Not to my knowledge. Q. Have you discounted any of these certificates? — A. No, sir. Q. Have you taken into the account of the cost any depreciation of these certificates ? — A. No, sir ; I have not. I have simply added to the cost of the pavement, up to the present time, twenty-five cents a yard lor uon payment. Q. Then the actual cost is twenty-five cents less than the figures that you have given? — A. No, sir; it is not, because the interest on that account is just as much a part of the cost of the pavement as the lumber itself. Q. Have you counted any interest since you laid down that pave- ment ? — A. We have counted interest on our materials, and since we have received the certificates from the board that have not been paid, that represent money, but which are not money. Q. You have taken that into account in estimating the cost. Sup- pose you take out the interest, and go into tl^e market and buy this lumber, and do this work for cash, what then would it cost to put it down ? — A. I should simply deduct in that case twenty-five cents per square yard. 1 do not want to say it is $2.70, but it is at least that. It may be $2.80, because there are things that will have to be charged to the account yet that went into the cost of the pavement that we could not get at. Q. In making up your estimate of the cost of this pavement, have you taken simply what appears on the books! — A. No, sir. By Mr. Christy : Q. I understand you to say that the parties interested with you in laying the pavement— twenty-five thousand yards — were Judge Jenkins TESTIMONY OF CHARLES E. RAY. 1581 and ^rr. Whitney ? — A. Yes, sir; Mr. Whitney is my partner, and has been tor abont eight years. Q. Jndge Jenkins Was nnited in interest in this matter ? — A. Mr. Mc- Clelhind and Mr. Jenkins were the sueeessors of DeCiolyer & McClelland. AV'e came here in Jnne, and jjurchased one third interest in the bnsiness, or rather in the material. They did not have any bnsiness. We pur- chased one third interest in the material they had on hand. Q. Yon came in fact, then, abont the time this contract was annulled — originally let to DeGolyer & McClelland ?— A. 1 could not tell you anything about that. Q. lint you knew the fact that there was a controversy between the board and parties interested in laying the DeGolyer &Mc('lelland pave- ment No. 2 ; you knew that, did you not ? — A. Well, I knew that fact. Q. And knew likewise that the very materials that you were to lay it with had been condemned by the board ? — A. Yes, sir; I knew that. Q. What Avas the extent of your contract with the board 1' — A. The extent was twenty-four thousand six hundred and odd dollars. That was the amount of wink we did. Q. How uuich did you contract to do; wluit was the award made by the board as to the number of square yards! — A. We laid all they awarded to us. Q. When did they award it? — A. Soon after we came into the firm, or formed a new tirm under the name of C. E. Jenkins & Co., and that new firm made an a])[>lication, and there was an award to lay twenty-U\e thousand square yards. There were certain streets desig- nated, and the quanity of paving on these streets amounted to the sum I mentioned. Q. And this was the wood that had been treated by the Samuels ironizing ])rocess, and the same wood that had been condemned by the board ? — A. I do not know that the wood was ever condemned. Q. Of course, I ought not to ask you to commit yourself to that. There has been a controversy as to some wood? — A. I umlerstood when we came into the tirm the controversy was in regard to the manner of laying this pavement, and not in regard to the materials that entered into the pavement. Q. If you i)lease, state the manner in which the laying by yourselves dill'ered from the uninnerin which the pavements were laid on Pennsyl- vania avenue east? — A. It diltered somewhat in taking pains with the work. (^. In what respect — in the formation of the foundation ? — A. In the formation of the foundation or i)utting down of the blocks, and the tanq)ing of the gravel between the blociks. Q. Do you use a greater proportion of wood than was used as it was . formerly laid by De Golyer & xMciCleiland ? — A. That I do not know, for I do m)t know how much they used. Q. Then tliere wouhl be mj additional element of cost except the ad- ditional care in laying the paveuient ? — A. No, sir; not of necessity. By Mr. Wilson : Q. Did you receive, in your purchase, any letters or papers from Chit- tenden ? — A, I did not. Q. Did you ever see any? — A. I never saw any in his name. Q. Were you consulted in regard to the destruction of any letters? — A. No, sir ; 1 never was. (}. You know they were destroyent you think as many as ten thousand people have asked you ■what became of those notes and that money ? — A. ^Nlore or less. Q. A good many less, don't you think '? However, I will let that go. Y'ou wrote a letter from New Y'ork on the loth day of last mouth (April) to Mr. Wilcox that was shown to you yesterday ? — A. Yes; it was read to me. Q. In that letter you say this : " I presume I shall be compelled to ])nt in an appearance before the committee, but somebody will be sorry." Who is that somebody that you thought would be sorry if you put in an appearance here? — A. AN'ell, I should be sorry myself. Q. I have no doubt you are very sorry, but I want to know to whom you allude when you say "somebody will be sorry." — A. If I had Mr. Wilcox's letter to compare with that, I think I answered his question right through. I think it was my wife, because he asked about my wife. (}. You think the somebody that you are apprehensive would be sorry was your wife ? — A. Yes, sir. Q. That you tell us under oath ? — A. I presume I have not been ab- solved from my oath. Q. I want you to explain the next sentence: "I anj perfecting a scheme that will, I expect, knock the legs from under a certain crowd." Please explain what that scheme was that you were perfecting, and who were the crowd whose legs were to be knocked from under. — A. Nobody connected with anything in Washington. Q. That 1 did not ask you. I want alliruiative answers, not negative answeis. State wliat that was, that scheme that you weie perfecting, and who the crowd was, and whose legs were to be injuriously affected by that sclieme '? — A. I am not a very dangerous man. 1 «lo not remem- ber what the scheme was. Wdcox was engaged in some thiugs in New York. Q. You do not remember wiiatthe scheme was? — A. No, sir. (I. Well, do you rememl)er who tlie crowd was ? — A. I knew the crowd was engaged in some of his transactions there. Q. W^iio was the crowd wliose legs you expected to knocl< from under them ? — A. I do not remember who they were. (-i. Let us see if y<)ur memory will l)e any better when we get a little furtiier on. " I think McC. made an ass of himself." Wlio is McC. ? — 1584 AFFAIRS IN THE DISTRICT OF COLUMBIA. A. He inclosed the testimony of Mr. McClelland. I presume I refer to Mr. McClelland. Q. Please tell us why you think McClelland made an ass of himself. — A. In a good many respects. I suppose, I allude to his testimony, Q. In what particulars in his testimony did Mr. McClelland make an ass of himself? — A. He did poor work, and then acknowledged it; and 1 think any man will make an ass of himself who does that. Q. That was the reason ? — A. Yes, sir. Q. You think if a niau does « poor job, and has the veracity to ac- knowledge it, that that makes an ass of him ? — A. I didn't think it was necessary, the way the w^orld wags now. Q. That is the conclusion that, from the way the world wags, the man who tells the truth makes an ass of himself? — A. He injured himself by doing it. Q. And you do not intend to injure yourself, if you can help it 1 — A. But I intend to tell the truth, if it takes me to the end of the session. Q. Is there any other particular in McClelland's testimony which makes you think he makes an ass of himself? — A. I do not remember what it was now that he inclosed to me. Q. I will continue the reading : "I don't know what Chittenden will say." You had this letter, but Chittenden had not testified, or you had not received his testimony? — A. I do not know whether he had or not. Q. "He too may develop his ears." So you thought there was a pos- sibility of Chittenden's making an ass of himself? — A. If he developed his ears, that would make an ass of him — I presume so. Q. That is what you meant. Wherein did you think it possible for Chittenden to make an ass of himself by telling the truth? — A. I do not think that thing has been mentioned at all. Q. You say that McClelland made an ass of himself by acknowledging the truth that his pavement was not a good pavement, and that his work was not well done, and you think, as the world wag^, that was a very assiniue thing on his part. I want to know how you know that Chit- tenden was going to make an ass of himself in this manner? — A. Chit- tenden did not lay any pavement, and could not make it in the same manner. Q. What was it that you thought Chittenden might make an ass of himself about — by telling the truth? — A. I presume that he told the truth. Q. What Avas it you thought he might tell that would be stupid on his part? — A. Did I say McClelland did not tell the truth ? Did I infer any- thing of that kind? Q. I want you to answer my question.. What was it you thought that Chittenden might tell which would be stupid on his part, or cause him to make an ass of himself? You say that might be so. — A. Well, if I said so, I will take it all back. I do not think he did. Q. fSince you have seen his testimony ? — A. I don't think I said so. Q. He was not guilty of any such weakness as McClelland? — A. He didn't lay any pavement here. Q. I will read further from the letter: "And so may your humble ser- vant, you can't tell, you know." So you were, too, apprehensive that you might make an ass of yourself if you came here to testify. " You can't tell, you know." Wherein did you think it was possible you might make an ass of yourself if you came here to testify ? — A. I didn't want to come here to testify. Q. That is not an answer to my question at all. What was it you were apprehensive you might do or say, or that might be drawn out of you '? — TEg1:iM0NY OF A. B. KIRTLAND. 1585 — A, That is jnst what I expected ; soinetlihig to be drawn out of me, wherein I might make an ass of myself. There is nothing on the sur- face, though, that appears that way. This letter then goes on, "I bought the Sun, but fail to find that in- teresting column devoted daily to the 'board of public plunder.' Two very interesting editorials on the subject, however, appear, and will in a measure satisfy the public of this city for the loss of the Washington letter. I am nowhere in particular and everywhere in general nowa- days, otherwise, no doubt, I should have received their suhpiena before now. But I will soon feel like rising to exiilain my position."' What is that i)osition of yours that you would feel like rising to exi)laiu? The Witness." Do I understand that that is in that letter ? Q Yes, sir. You state timt in that letter; you use this language in the letter, " but I will soon feel like rising to explain my position." What do you mean by that ? — A. I do not know. It seems to be the habit of ])eople here to explain. Q. What position have you to exidain ? You say you wonld soon feel like rising to explain. — A. It imported that 1 was burdened with >!72.()()(), and I wanted to explain my position with regard to that. It is a very heavy load to carry. Q. Have you exi)lained your position in regard to that .' — A. I have. I think I did yesterday. Q. Have you told where all that money went for these notes, or the l)roceeds of them ? — A. No, sir. I could not begin to tell where all the money went. (}. Have you substantialh' told where, it went ? — A. Yes, sir. (^). Wliere all of it went, as far as you know or believe ? — A. I have answered every question frankly. Q. I want to know wiiether you have done that ; you say that the testimony you have given and that we have in writing shows to the best of your knowledge where those 872,000 of notes or their proceeds went ? — A. Yes, sir. I stated that. Q. And have not omitted anything? — A. Xothing. Q. In regard to the destination or ultimate use of that nu)ne3 ? — A. 1 have not omitted anything. Q. Was any of this money contributed by you, any of the notes or proceeds of them, for political campaign puri)Oses ? — A. I refer you to my testimony of yesterday. That states that. Q. I was not here, and 1 will have to ask you again. Mr. Stewart. That question was not asked. The Witness. It was not — not a cent. I am not a politicain, and I never spent a cent for any campaign I know of. Q. I sup[)ose the question has been asked you, but I will ask you again, as I was kept out of the committee-room yesterday a portion of the time while you were testifying. Why were you dodging- about and trying to avoid coming before this committee in the way you were ? — A. 1 do not say that I was. (). Don't you know tiiat you were ? — A. I am not aware of it. (}. \N'hy did you come to this city under a feigned name .' — A. That is my business. I have done that often in my life. Q. You have been accustomed to pass uncler an assunn>d name often in your life .' — A. Yes, sir, I have; not passed under an assumed name, but I hav«^ registered different names often. <^>. Have you ever been emjtloycMl as a detective? — A. Xo, sir. <^ It was not l)ecause you belonged to any detective force that j'ou 100 DOT 1586 AFFAIRS IN THE DISTRICT OF COLUMBIA. went about the country aiul registered yourself under a wrong name? — A. Xo, sir ; decidedly not. Q. Now, give us a specific answer. Why did you come here and re- cord your name at the Ebbitt House, and also, I believe at the Wash- ington House, as " Buchanan " at one place, and " Hogle " at the other ? What reason had you for that? — A. I merely dropped the end of my name at the Washington House. I did not register my name or any name at the Ebbitt House. Q. Did you not give your name to the clerk, and let him register you that way I — A. No, sir. Q. How came your name to be on the register of the Ebbitt House as "Hogle?" — A. I think I sent it down by a hall-boy. It was sent down. I did not send it down. Q. You did not sup])ose that would be causing the clerk to register '•our name ? — A. 1 did not know it was registered. How should I know ? I got the key of a room, and that was all 1 wanted. Q. Let us get at the real substance of the thing. Why were you passing under these assumed names ? — A. I told you yesterday that I (uime here to testify. Idid not like the publicity of it. And 1 did not like the way the investigation was carried on. Persons have been allowed here to smutter over everybody, aiul I did not like that. I do not like anything disagreeable. I have avoided it all my life, or tried to. Q. Were you apprehensive if you were to be examined here that you might smut somebody ? — A. No, sir. Q. Why should you have been afraid to come before the committee on account of this smutting over of people ? — A. I am not afraid. I have said I have avoided disagreeable things. Q. How disagreeable ? — A. The publicity of it. Q. Of what? — A. The examination as a witness. Q. If a witness has a straightforward story to tell, is there anything disagreeable in telling it? — A. I think there is. I am here under restraint, and I do not like to be restrained. Q. What did you come for at all, then ? — A. To testity, because some people had placed me, I thought, in an awkward position. Q. Why did you not come up then in a straightforward manner, like a man, to the committee and testify? — A. I thought Chittenden's testi- mony had explained everything away, and I was going away after I heard it. Q. But you concluded you would come here in disguise, or under an assumed name, and in order to avoid the fact being known by the com- mittee that you were here ? — A. I did not care whether the committee knew it or not. Q. Why, then, did you lay Mr. Mattingly under instructions not to dis- close the fact that you were here ? — A. I do not know that I did. Q. Why did you tell Mr. Storrs not to tell anybody that you were liere ?— a\ 1 don't know that I did. Q. Do you believe that you did ? — A. I think I didn't. Q. Now, as 1 was not in when you were being examined on this sub- ject yesterday, I want you to repeat what became of the proceeds of those $72,000 notes. — A. I have told you all I know about it. I told you I was not here. Q. You told us that one of the notes, the $2,500-note, was paid. — A. 1 stated it was paid. Q. That is the first $2,500 you got ? — A. It was paid here. Q. Then you told us, didn't you, that there was a |10,000-note paid? — A, I didn't. TESTIMONY OF A. B. KIRTLAND. 1587 i). You sold two notes for $15,000^ — A. I sold two notes; one ;iiiioniit(>d to ten and one to live. il And von o-ave for them between $12,000 and 81-3,000 in inouey?— A. In the iuMi-iiborhood of 812,(»00. Q. Xow, that disiiosesof 817,r>()0 of the notes, leavinc: SoJrvjOO. Now, for this -."if,.")!)!* yon got a piece of real estate in Chica.ij^o ? — A. If that is the amount that was left, I got some real estate for it. Q. And a pair of horses and a wagon ? — A. Yes, sir. Q. How much cash ? — A. I don't renuMuber tlie exact amount. Q. I don't care about the exact amount. Come as near as you can to it._A. 1 think it was between $0,000 and 812,000, or $9,000 and 8ll,0tH). Q. Those are the proceeds of the remainder of these notes, $54,500. That real estate, you say, was conveyed to your wife? — A. Yes, sir. Q. And afterwards exchanged it lor a lot in this city ? — A. I did not State that it was to be exchanged. Q. Didn't you state that a conveyance was made of a lot in this city to your wife ? — A. Yes, sir. Q. Sint;e you were examined yesterday about the horses, have you found out where they are ? — A. I have not inquired. Q. What did you do with the money — nine to eleven thousand dollars in money ? — A. I spent it. Q. How did you spend it ? — A. In various ways ; a good deal of it here in Washington. Q. To whom did you give it here in Washington ! — A. I do not know; clothiers, dress-makers, milliners, hotel men, &c. It is easy enough to spend that amount of money here. Q. It is very easy; but the question is did you spend it in that way ! As you are on the stand, and under oath, and sworn to testify to the truth, what we want to know is, did you s[)end it that way ? — A. I have stated so. (}. Didn't you state yesterday that you spent 810,000 of it in the pur- chase of tiie Harewood estate '? — \. That was out of the first notes I sold. You have got beyond that. Q. You give no better account of what you did with the rest, than that you s])ent the money at tailors, dress-makers, mantua-makers, and such ways as that? — A. None, whatever. Q. Wlieu did j'ou get acquainted with thie Rev. William Colviu Brown ? — A. I think it was about the time I came here, or a short time afterward. Q. How did you happen to become acquainted with him? — A. I be- came acquainted with him at the hotel, and sat at the same table with bim. Q. The acfpiaintance was i)icked n\^, then, without any introduction one way or the other; was that the way of it ? — A. Yes, sir. (^>. Ilnw long a f ten* you had become aiMpiainted did the Rev. William Colvin Blown intbrm you that he was aiding Chittenden ? — A. He never informed inc. (^. Did Chittenden inform you ? — A. No, sir. Q. Then you never knew he was aiding Clnttenden ? — A. No, sir. Q. Y^ou sat at the same table at the Arlington, you ami he ? — A. Y'es, ^ii'. i}. You saw him daily, then? — A. Two or three times a day. (i. And you never ascertained, either from him or from Cliittenden, that he was also at work to get this contract? — A. No, sir; I Inul no idea that he was. 1588 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Please to tell us wbat lead to tlie partnership between you and the Reverend Mr. Brown in the purchase of the Hare wood estate? — A. We were out riding one Sunday throuoh the park — through the Harewood i)ark. He was very much pleased with the place, and I knew Mr. Toms, and we applied there and inquired if it was for sale. I had no idea of buying it of anybody. He said Mr, Corcoran was selling a great deal of liis[)roperty about here, and he sui)posed he would sell that. I. inquired of Mr. Hyde when I got back there the next day, and he said Mr. Corcoran would sell it. He would communicate with Mr. Corcoran and find out the price. Q. That was your inquiry of Mr. Hyde ? — A. Yes, sir. Q. How came the Reverend Mr. Brown to be in the purchase? — A. 1 have told you tliat we were out there riding iu the park. Q. You were out there riding, and when you went to inquire of Mr. Hyde whether Mr. Corcoran would sell that place, did you intend or exi)ect that, if he would. Brown would be a co-purchaser with you ? — A. I had no idea of being in it myself at all at the time. 1 merely went fV)r Mr. Brown. Mr. Brown said he would like to buy it. He represented himself as a man of means, and* with very wealthy con- nections in Boston, and that he would like to buy it. Q. When was it Brown said he would like to buy it? — A. On that day. Q. The day you were riding out in the park ? — A. Yes, sir. Q. Did he pro^tose to take you in as a [)artner in the purchase ? — A. No, sir. Q. When was it, then, that he proposed to take you in as a purchaser ? — A. Subsequently, but I do not know when. Q. Did he i)ropose it to you, or you to him ? — A. He proposed it to me. Q. Did he know you had been to see Mr. Hyde on the subject ? — A. I went there at his request. Q. Then he proposed to take you in as a purchaser with him ? — A. He asked if I would not join. He said that it was too big a thing for him to handle alone. Q. As an equal purchaser with him ? — A. Yes, sir. Q. The i)rice was $235,000 '?— A. Y^es, sir. Q. As you were equal purchasers, you would have to put up an equal amount with him in the purchase-money. Did you represent yourself to him as being able to put u[) $125,000 ? — A. No, sir; I did not expect to. Q. Did he expect you to do it? — A. No, sir. Q. How, then, did you expect to pay for the property ? — A. O, the way proi)erty is i)aid for now a days, they are not generally cash pur- chases, are they ? Q. 1 want to know about this. — A. I don't know the terms really. Theie was to be a small amount of cash — small compared with the imount of the purchase-money. Q. I do not get your meaning! — A. Cash so much, and the rest ran on time. Q. Exactly so ; but those notes that were on time would have to be paid at some time ? — A. O, undoubtedly, or else the property would go back to Mr. Corcoran. He was safe enough in the transaction. Q. How did you expect to be able to i)ay these notes ? — A. I did not know as 1 expected anything about it. 1 expected to sell the property at an advance as soon as I could. Q. Did you execute your notes to Mr. Corcoran, you and Mr. Brown 1 — TESTIMONY OF A. I'.. KIRTLAND. 1589 A. Xo, sir; I said yesterday th ' title wis not given nie; no title passed. Q. Yon sinii»ly pnt up $10,000 forfeit. That was all, was it ?— A. It was not a forfeit when I pat it up. It was put up to bind the bargain. Q. Without any contraet being made ? — A. I do not remember now — merely a receii)t, I think. Q. lie gave you a receipt for slO,000?— A. Mr. Hyde did. Q. There was no memorandum nmde, or anything ? — A. No, sir. , Q. Nothing in the world but a 810,000 receipt?— A. That was all. Q. Did Urown furnish half of that ? — A. No, sir. Q. Wiiy dnln't Brown put u[) some ? — A. It was not convenient for him to do so. Q. So the whole came upon you ? — A. Yes, sir. Q. You stated yesterday, if I understood you, that those 810,000 had been returned f — A. So I hear. Q. It was your money ? — A. Yes, sir. Q. To whom did you hear it had been returned? — A. To Mr. Brown. Q. Have you inquired of Mr. Brown about it? — A. No, sir. Q. Don't you know where he is? — A. I think he is in Germany. Q. Have you written him on the subject*? — A. I have. Q. Have you asked him if he would give you back your money ? — A. 1 have asked him to remit. Q. Has he done it ?— A. No, sir. Q. Will you please to explain how Mr. Brown came to get the 810,000 back from Mr. Hyde. Did you give au order? — A. I know nothing abont it except hearsay. Q. Was the recei])t given by ]\Ir. Hyde, the receipt to you and Brown or to you alone ? — A. I do not remember how it was. Q. AYhere is that receipt? — A. I do not know. Q. To whom did ^Ir. Hyde hand the receipt when he executed it ? — A. I thiidc he handed it to me. Q. What did you do with it? — A. I think 1 put it in my pocket. Q. What did you do with it when you took it out of your jjocket ? — A. I don't remember of taking it out of uiy i)Ocket. Q. Yoii have no recollection of it? — A. No, sir; there is nothing in the vorld to <'on(;eal about that; nothing that relates to this investigation. Mr. TnuRMAN. You are not to be the judge of that. The Witness. 1 presume not. Mr. TiiuiniAN. No, sir ; that is very clear. Q. 1 want to know if j'ou have that receipt now '. — A. No, sir. Q. Are you sure of that ? — A. Yes, sir. Q. If you are sure you haven't it, then it must have been destroyed or lost ? — A. That I could not say. Q. You cannot say whether it has been destroyed or lost, aiul yet you are sure you haven't it? — A. 1 haven't it. Q. Have you any recollection of giving it to anybody? — A. I do not know whether I gave it to Mr. Brown or not. Q. Yon cannot tell anything about it? — A. No, sir. Q. All this liapi)ened last .ve;ir, didn't it ; all this about this purchase, in isia ?— A. Last October I think. Q. And you could pay out 810,000, take a receipt for it, and have no sort of recollection of wliat you did with the re(;eii)t; whether you gave it to Mr. Brown or not. How did yon learn Brown got the. moiM\v ? — A. 1 learned it from somebody here in Washington. <^ Who was that sonu^lxxly ? — A. I think Mr. Thorn Idd me he lieard Mr. Corcoian had paid him back the 810,000. 1590 AFFAIRS IN THE DISTRICT OF COLUMBIA Q. Did not that naturally make you anxious to go and get that $10,000 back, as it belonged to you? — A. I was a little anxious about it. Q. What steps have yon taken to get it back ? — A. None, yet. Q. Where did you see Mr. Thorn when he told you that the money had been refunded f — A. I do not say that he told me so. He said that he hear,000 that you received the telegram from Mr. IJiown, from Hoboken, directed to you at Chicago ? — A. I don't know. That $10,000 was paid to bind the bargain, and the lu'xt [)ayment was to be made on the 1st or 4th of October, but the i)ay- mcnt was not made. It was soon after that that the nn)ney was handed to him, as I understood it, and he cleared out \^th it Just as soon as he got it. Q. When he telegraphed you from Hoboken, tell us, as near as you can recollect, what was the telegram he sent? — A. I told you just now. Q. Just tell us again. — A. '^ Will return in six weeks and arrange what is just." Q. You received that telegram in Chicago ? — A. I think so. Q. What did you understand by the expressi(ui, " Will arrange what is just V — A. I never have been able to comprehend that. Q. You do not comprehend it, then, at all ? — A. No, sir. Q. You do not know what it meant? — A. No, sir; I can understand what is just myself. I do not know what he had reference to. Q. You did not know at that time that he had got the $10,000 !—A. 2^o, sir. Q. Did you suspect it?— A. Xo, sir. Q. In point of fact, had he got the $10,000 ? — A. That I merely know from hearsay. Q. Now it never occurred to you to go and inquire of Mr. Corcoran or his man of business, Mr. Hyde, whether the $10,000 was refunded or not ? The Witness. It never occurred to me ? Mr. TiTURMAN. Yes. A. I never did do it. It might have occurred to me several times, Q. iiut you never did ? — A. No, sir. (^. Diherd, exce[)t for the bare inirpose of an introduction in this room. 1 have not seen him anywhere else. By Mr. STEWART: Q. Did you ever have any conversation with Mr. IVIattingly with re- gard to Kirtland? — A. I did. I had three or four (ionvcrsations with Mr. Mattingly. I met him at the cln!) house. He told me that he de- sired very much that Kirtland should l)e here, ami I told him that I thought he was here. That was the first day that I saw him, and three 1596 AFFAIRS IX THE DISTRICT OF COLUMBIA. or four hours after I saw the chairmau of this couimittee, and he said that he was not here, he didn't believe that he was here, and that they desired him very much. This other gentleman came to my room. By Mr. Thur^iax . Q. That is Mr. Wilcox ? — A. Yes, sir ; he took me in a carriage, and toolv me to his house. (I suppose it is,) and I saw the same gentleman. I did not have a conversation of two minutes with him, and the next day, to my infinite surprise, (as 1 state on my honor and under oath,) when I came back to the house, I found him in my room. Q. The first time you saw him, then, was at Wilcox's ! — A. It was at Mr. Wilcox's house. By Mr. Stewart : Q. Did you say to this man Hogle or Kirtland that he was not wanted here ? — A. Nothing of the kind. I think the committee understand that Mr Chittenden was not very much interested in not having Mr. Kirtland here. Xow, I call him Colonel Kirtland, on assumption ; I presume that he was the man. By Mr. Thurman : Q. How long was he in your room ? — A. He staid there, E presume, two hours. Q. Did anybody come in ? — A. Mr. Chittenden came in while he was there. He remained, perhaps, half or three-quarters of an hour and left ; and I know this, that as to his coming, as to his presence there, and as to his leaving, and I absolutely know this, neither Mr. Chitten- den nor myself had the slightest part. Q. Have you not seen him since he was at your roomf — A. Xo, sir, 1 have not. Q. Have you any idea where he is ? — A. Xot the slightest. I want to state this further to the committee, and this I told the chairmau. I understood that Colonel Kirtland was here about four weeks ago in this city, and I understood that it was well known that he was here. Both Mr. Chittenden and myself supposed when we came here that Colonel Kirtland would be on the stand. Ira Holmes was here — the gentleman in whose hands those notes passed — and we both su[)posed that he would be upon the stand. I have been beset and bedeviled so much Q. What reason did Mr. Wilcox give for taking you to his house ? — A. Mr. Wilcox came to me and said that Mr. Simons was here. I knew very well whom he meant. Q. You thought he meaiit Kirtland ? — A. I thought he did. I am speaking frankly with the committee, and I do not suppose that this testimony is to l3e published. I supposed that he meant Kirtland. He took me there and I went there. Mr. Wilcox came to my room and was there hour after hour. He was there this morning. Q, Did Mr. Wilcox give any reason for his interest that he took in the matter ? — A. Is it hardly ftiir to ask me that? Q. I think it is ; he is not your client. — A. He did. Q. What reason did he give ? — A. E cannot say that he gave a reason. I inferred a reason. I inferred a reason that sprung from impecuniosit}', and I do not think that is very much out of the way. Q. What did he want money for? — A. He did not state to me that he did want any. He did not say to me that he wanted any money. Q. What reason did he give for asking you to go and see this man Simons? — A. He knew very well that I was counsel for Chittenden. I old him I did not believe that this man Siiuons was here at all. He TESTIMONY OF EMORY A. STORKS. 1597 said that he would cDuviiice me of it. I went to his liouse. I saw there a gentieinan that I was satisfied wits Colonel Kirtland, and I did not have a conversation with him two minutes long. Q. Ilow long- a time were you at the house '? — A. 1 was not there five minutes. Q. What did Colonel Kirtland want, or Simons? — A. He did not sa,y a word. Ue did not say that he wanted anythinu'. He ai)[>eared to be a very pleasant gentleman, as a great many of these common adventur- ers about ^^'ashing•ton seem to be. He did not say that ht^ wanted any- thing. I had no treaties to make with anybody and no trach' to make; and did not make any and would not make any; and it I coukl have kept my room locked I woidd have had no embarrassment. By Mr. Hamilton : Q. When you found him in your room what did Kirtlaml want ? WMiat was the object of his coming to your room, what did he say he wanted there? — A. That gentleman came to my room and said that Simons was here. He said that if he were examined injury would be done. I told him that I did not think Mr. Chittenden could be harn)ed. Q. You say that this Simons or Kirtland came to your room .' — A. No, no, no. He came without my knowledge, or previous announcement at all. Q. When you found him there what did he say he wanted .' — A. He did not sa>- anything about that. Q. Did you not have a conversation with him ? — A. O, yes, sir. Q. What was it about? — A. I cannot tell you what it was about. I think there were a couple of girls on the opposite side of the street that he had been inspecting at Willard's; that he opened conversation about. Q. Nothing about his visit here in W^ashin not know that, sir. (^). Wliat makes you tliink he has gone .' — A. iJecause I iiave not seen him. Q. You do not know, then, that he has gone ? — A. Ido notknow tliat he has gone. Q. Did he say he was going ? — A. He did not say anything about it. He went out of my room, ami I have not seen him since. Q. Then you do not know whether he has gone or not ? — A. No ; I do not know that. Jarvis was in a matter of relation w^ith Chittenden. Chittenden's property there has been burned up, and lie has not been able to rebuild it. Jarvis is interested in this case against McClelland, and agreed to ad- vance me my retaining fee. He agreed to send it to nu^. When we came here 1 expected to tind Kirtland and Ira Holmes. NVe both came sud- deul3^ I know that ]\Ir. Chittenden had been very busy. 1 came as suddenly as 1 have stated to you; so suddenly that I did not even get a satchel to bring with me, and 1 supi)osed tliat I would tind everybody here, and the question that I had consulted Mr. Chittenden particularly about was, what occurs to the committee as being a vital i>oint, so far as it aftected him, whether he ever divided with Kirtland. He told iue that he never did, and that he had not any expectation that Mr. Kirtland ■would ever say that lie had. That was the only incjuiry that 1 ever made. By Mr. Hamilton. Q. Were you asked if you knew that ]\[r. ^lattingiy had seen Kirt- land ? — A. Yes, sir ; and Mr. Mattingly told me that he did not believe that he washere at all. 1 never told Mr. Mattingly that Kirtland was here. 1 told the chairman of this couimittee, and I think that he will bear me out in saying what I have said heretofore has been the truth, that I had not seen Mr. Kirtlaml, ami I did not think that he was here. At that time I had not. My interviews with him were more in\olua- tary than voluntary. By Mr. Thurman : Q. Did you feel under any obligation to conceal from the committee the fact that Mr. Kirtland was in the city! — A. No, sir; I did not. Q. Why did you not tell us then ? — A. When I was asked tin? ques- tion I told the truth. But when you ask me why 1 did not come up here and communicate intelligence, I supposed [ was through with Mr. Chittenden. I had been here from day to day to get his discharge. I knew very well that he was not responsible, either for Kirtlanaid very much attention to this investigation, and know, perhaps, as little about it, ex- cept as it relates to my own personal client, as any man in the country. I have not paid the slightest attention to it. Q. Did Mr. Kirtland request you to keep his presence here a secret? — A. I do not think he ever said a word to me on that subject. Q. Did Mr. Wilcox ?— A. Perhaps Mr. Wilcox might. That might have been done; I do not know. It would be utterly impossible for me to tell, because I felt that I was between the fires, and felt that my own client was safe, and felt that discretion was the better part of valor, and that the less I talked the better I was off. By Mr. Stewart : Q. That is one reason why you did not object to Wilcox's liberality with your dinners and room ? — A. Well, perha])s, I ought not to have vstated that. I thought, perhaps, however, that it was not quite the thing to do. By Mr. Hamilton : Q. You think you did not tell Kirtland that these people here did not want him ? — A. I am perfectly certain that I did not tell him that these peoi)le did not want him. Q. Nor that he was not wanted? — A. Y"es, sir ; I am certain of that. I told him that if he told me what was the truth I did not care. Q. That you did not want him ? — A. No ; I did not care. Q. Did not care what? — A. Did not care whether he was sworn or whether he was not sworn ; that so long as he did not divide with Chittenden, that that was the vital i)oint between him and Chittenden. By Mr. Wilson : Q. Did you infer from Kirtland's conversation that, if he testified and he should tell the whole truth in regard to this thing — his whole connec- tion with it — his testimony would be very damaging to men occupying high positions? — A. Is that a question that I have got to answer? By Mr. Thurman : Q I do not see any reason why you should not answer. — A. Yes, sir; I did. TESTIMONY OF EMORY A. STORES. 1603 By Mr. ^YILSON : Q. Now, [ sbould like to have yoa state to the committee just what he said to you which gave you that impression. — A. That is just what he said. You have just stated it. Q. I wouhl be glad to have you repeat it, as nearly as you can, in his own language, — A. You have staled it, judge, as nearly as I can state it. By Mr. TnuR:\iAN : Q. That his testimony would be very damaging to people in high po- sition '? — A. Yes, sir; to peo[)le in high position. That is as near it as I can state it — as near as if you had been present. I told him that I 4lid not care to jiursue the sul)ject. I simply wanted to know about one I)oint, whether he had ever divided with Chittenden, and ikept the line right tliere, and I would not diverge from it at all. Q. Did you thiidc it would be a matter of any importance in the suit against McClelland whether he had divided with Chittenden or notf — A. Yery greatly, sir. Most decidedly, I did think it so. Q. Did it never occur to you that if he were called on the stand to tes- tify before this committee, and testified that he never had divided, that that might be of some advantage to Mr. Chittenden? — A. No, sir; be- cause 1 looked at it precisely in this way : Mr. McClelland knew per- fectly well of the giving of these notes, and he gave them himself. De- Golyer «I^ McClelland gave those notes. They were signed by them, and IJayable to their own order. It was for them to prove that there had been a division, and not for us to lu-ove that there had not been any. I was reading JNIcClelland's testimony, ami knowing just how fallible por- tions of it were, as have been developed here by the record evidence, I wanted to protect — not [)rotect, but 1 wanted to know what the fact was as to the balance. In a professional sense, I had no care. By Mr. Wilso>" : Q. Did ^Ir. Kirtlaud, in any of the interviews that you had with him, say anything about any other contract than the DeGolyer «S: McClellanil contract? — A. Xo, sir; my conversations with Mr. Kirtland, all that I ever had with him, as 1 have already stated here, were, (after 1 had passed what I conceived to-be the vital i)oint of his testimony,) very limited. I would not permit much conversation. It was social rather than otherwise. 1 am a lawyer, and there are gentlemen on this commit- tee who are lawyers also, and I did not want to converse u[)on topics that did not interest me nor my client. I thought that that i)articular topic interested my client exceedingly, because 1 su[)[)osed that, if Mr. Chittenden had really been dividing that 872,000 with Kirtland, i% would not only seriously affect his case, but would ruin him as a man. Q. Have you met a man by the name of Moore since you came to this city ? — A. Yes, sir; I met him at the Washington Club, Q. Where else did you meet him ' — A. I met him this morning at my room — no, not at my room — in the ollice at the hotel. Q. Have you met him at any other point in this city ! — A. Yes, sir; I saw him on Sunday casually, on the street, and had a very pleasant I intt*rvi(>w with him, I (^ Did you meet him at any other point? — A. No, sir; I have met ' him three times. 1 met him at the club; I met him Sunday on the i street, which was a matter of mere accident, and I met him this morn- \ ing at the hotel. [altin<2,ly after you had seen Kirthvnd tliat Kirthiiurs testimony would be injurious f — A. No, sir ; Mr, Mat- tinji'ly docs not know, from anythinji' that 1 have ever said to liim on the sul>ject, that 1 ever saw Mr. Kirtlaud. George R. Chittenden sworn and examined. By Mr. Thurman : (^^uestion. When did you see ^Ir. Kirtland ? — Answer. I saw him hist Thurs(hiy night. C^. Is that the hist time you saw liim? — A. Yes, sir. Q. When was the last time before that j'^ou saw him ! — A. I think seven or eight months. I do not know but it was nearer a year. Q. Did you see him but once hist week ? — A. That was all. Q. Where did you see him '? — A. I saw him at the Ebbitt House. i}. In whose room ? — A. I think it was 2UG. Q. In whose room ? — A. Mr. Storrs's room. (^. Who was i)resent ? — A. There was no one present at the fore part of the interview. The interview lasted lifteeu or twenty minutes, per- haps. Q. The whole interview ? — A. Yes, sir. Q. Did you go with him to that room '? — A. No, sir ; I did not. Q. Did you meet him there by a[)pointment ? — A. He sent a note to the Arlington asking me to come over and see him. Q. From the Ebbitt House ? — A. Yes, sir. Q. Why did yon not go to his room? — A. I think he stated in the note to come to 20G. By Mr. AYilson : Q. Have you that note? — A. No, sir; I have not. By Mr. Tiiurman : Q. That was last Thursday evening ? — A. Yes, sir; about 10 o'clock. (^. Did he tell you why he wanted to see you ? — A. No, sir. (^. What reason did he give for inviting you over there? — A. I sup- pose, since we had not met for so long, he would like to see me. I would have liked to have seen him too. Q. Was that the reason that he gave, or did he give any ? — A. He did not give any. Q. What did you talk about? — A. I talked about the investigating comndttee, that is, of the' testimony that I had given in this case, and I asked him if he had read the testimonv. (I What did he say to that ?— A. He said he had. Q. Then what occurred! State the whole conversation. — A. I told him that I had been very full in my t<'stimony, and asked him if he had read my testimony in full, and he rei)lied that it was correct, or words to that effect, and that he had read it througii very carefully and found it to i)e correct. (). Did he say how long he had been in the city ? — A. He did not say anything about that ; no, sir. (}. Did he say when he came ? — A. Not a word about that. i}. Did he say where he had been in the city ? — A. No, sir. Q. What name did he sign to the note that he sent to you ? — A. Well, think, Senator, he signed the nanjc of Ilogle ; I think so. 1606 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How did you know, then, when you ^ot a note signed Elogie that it was Kirthmd ? — A. Well, I mistrusted it. Q. What made you distrust it? Had you heard that he was in the city ? — A. Yes, sir; I heard that he was in the city. Q. Who had told you ! — A. I say that I had heard that he was in the city. There was a gentleman by the name of Wilcox, who, I think, Monday evening intimated to me or asked me if I would not like to see Mr. Kirtland. I think it was Saturda^^ night. Q. Last Saturday night a week ? — A. Yes, sir; I think so. Q. Mr. Wilcox asked you if you would like to see Kirtland ? — A. Yes, sir. Words to that effect. Q. What did you tell Wilcox ? — A, I told him that I was a witness ; that I could not say anything. I should like to see Kirtland well enough, hut that I presumed that I would see him on the witness-stand, and hoped that he would go on Monday morning. That was my statement. Q. To Wilcox? — A. Yes, sir; I hoped that he would go on the wit- ness stand Monday morning. Q. Where was that conversation with Wilcox on Saturday? — A. That was in the Arlington Hotel. Q. He called to see you ? — A. He was passing through the hall. Q. Did he tell you that Kirtland was in town ? — A. I do not know that he stated that Kirtland was in town. I think he asked me the question simply if I would like to see him. Q. Without saying that he was in town ? — A. No, sir ; he did not say that he was in town. r Q. Did you arrange any meeting with him! — A. No, sir; I did not. Q. When did you see Wilcox nextf — A. I think I was going up to the Capitol Monday or Tuesday, Tuesday perhaps, and I saw Wilcox in the street, I think so. Q. What did Wilcox say ? — A. Well, we simply said " Good morning," and I think that I introduced him to Mr. Storrs, or he knew that Mr. Storrs was my attorney. Q. That was on Monday? — A. Yes, sir ; Monday or Tuesday, I think. Q. When did you state to Storrs that Kirtland was in town? When did you tell Storrs of this conversation with Wilcox that you had Satur- day ? — A. I think it was on my way to the Capitol. Q. On Monday ? — A. Monday or Tuesday. Q. That you told Storrs? — A. 1 think so; yes, sir. Q. You did not tell him then the same day ? — A. I told him the con- versation that was held in the hotel with Mr. Wilcox. Q. You told him of that conversation? — A. Yes, sir. Q. Was it in the night or in the day that conversation at the Arling- ton occurred? — A. That was in the evening, 1 think, sir. Q. After dinner? — A. No, sir; I think it was before dinner. I don't know whether it was before or after dinner. Q. You did not tell that to Storrs the same night ? — A. No, sir. Q. Did you tell him Sunday ? — A. No, sir ; I did not. Q. Did you not suppose, from what Wilcox said, that Kirtland was here ? — A. I did not know whether he was or not. I supi^osed, of course, he Avould be on the witness stand Monday morning. Q. Did you not suspect, from what he said, that he was here ? — A. I must say that I received an impression to that effect. Q. But you said nothing of it to Mr. Storrs? — A. No, sir; T believe not. Q. Neither then nor Sunday ; but Monday or Tuesday you mentioned it to Storrs ? — A. Storrs was with me, going up to the Capitol, and TESTIMONY OF GEORGE R. CHITTENDEX. K507 Wilcox passed by. I did not kTiow his name at that time ; he was almost a total stranger to me. 1 mentioned that faet to ^Ir. Storrs. Q. Do yon know whether Storrs went to sec Kirtland? — A. 1 do not know anythinji' about that at all. Q. Did kStorrs say anything to you about his going to see Kirtland or not? — A. Not a word. Q. Did he say anything to you whether he had gone to see him or not? — A. No, sir; not a word. , Q. You do not know, then, whether he went to see him or not ? — A. Not a word. Q. In this conversation that you had in Mr. Storrs's room with Kirt- land, nt I saw these diit'erent i)arties. i). Were you dining- or lunching there, or having some little convivial assenibhige :' — A. Very slightly convivial, sir ; not very much so. We simply met incidentally and had a glass of wine, perhaps. Q. Wiio else did you see besides Mr. Kilbourn I — A. I met several genthMuan there. (,). Can you not name any of them ?— A. I think I met a :\Ir. Gideon. Q. Who is he.- — A. lie is a gentleuuin who drops into the club fre- quently. Q. VVhat does he do; what is his business? — A. I do not know that. i). Did you meet Mr. Mattingly there ? — A. Yes, sir; I have done so. i). Mr. John O. Evans? — A. No; I do not think I know Mr. Evans at all. Q. Do you remember anybody else whom you met there ? — A. I do not call to mind any one else. Q. I wish you would try and recollect any other persons who were there? — A. 1 do not know but what 1 saw Mr. Harrington there. Q. Have you been at the ckib more than once since you have been here ? — A. I have been in there several times, sir. Q. Have you met those same ])arties every time ? — A. Xo, sir. Q. How long were you at Mr. Moore's store the first time you were there? — A. I think, the first time, it was about five minutes. I said, " How do you do," to Colonel Moore, and i)assed out. Q. How long were you there the next time? — A. I suppose I might have been there ten minutes. Q. Where did you see Mr. Moore when you were in the store ? — A. I saw him at his books in the office where he attends to them. Q. Is it a private office ? — A. No, sir ; it is public. Q. AVas anybody else there except yourself ? — A. I think there were two or three parties coming in and going out. I think there was one party there. Q. Did you have any conversation with liini in regard to the matters connected'with this investigation ? — A. I think that 1 said to him that I was anxious to get home. (^. Was there any talk about the defense of this case ? — A. No, sir ; not at all. By Mr. Hamilton : Q. Did you meet ]\Ir. Moore at .Mr. Storrs's room at the Ebbitt House ". A. I think that Colonel ^loore and 'Sir. (iideon came there iSunday, aud I nwt them there. It appears to me that I did. Q. How long were they there ? — A. O, 1 think, five or ten minutes. Q. Were not they up in ]\Ir. Storrs's room '. — A. Up in Mr. Sto.rs's room. Q. And they made quite a stay there ? — A. I think, al)outten minutes. J was going from the I'^bbitt House and the Arlington, and met Mr. ^I I tore and Gideon coming across to the hotel, and 1 went back to the hotel and weiit up to Mr. Storrs's room a few moments. By Mr. Bass : (^ Did Mr. Kirtland at the time of your negotiations for this contract advise you that he ex[)ected to use any part of that 87l',OUO throngh Mr. ^luore '. — A. No, sir. IGIO AFFAIRS IN THE DISTPJCT OF COLUMBIA. Q. Did you tell Mr. Storrs, your counsel, that he did ? — A. No, sir ; I believe uot. Q. What do you say ? — A. I believe not. Q. Did you not give your counsel, Storrs, to understand before you came to this city, or since you came, or while you were on the way, Colonel Kirtland was to pay some portion of these moneys for the pro- ceeds of the notes to Colonel Moore "? — A. ^o, sir ; I did not, because I did uot know it. Q. Did you not understand that it was to be done in that way ; that the contract was to be procured through Colonel Moore ? — A. No, sir ; I did not. I do not know what he did with a dollar of this money. Q. Did you uot believe that it was to be obtained through Colonel Moore f — A. I could not believe that. Q. I do not ask you whether you could or could not. Did you in fact believe or understand that the contract was to be obtained through Colonel Moore's inliuence ? — A. No, sirj I did not know anything about it. Q. Answer the question. Did you understand or believe, upon infor- mation or suspicion, not upon your knowledge — but I ask you for your suspicion or belief — that the contract was to be obtained by Mr. Kirt- land through Colonel Moore ? A. I know nothing about it, sir. Q. Well, sir, answer the question. Did you believe, or suspect it, or understand it ; was that a part of your suspicion and belief? — A. I know nothing about it, sir, at all. Q. Well, sir, you have said so: now answer the other question. — A. My impression was that Colonel Kirtland had some inliuence, but I did uot know where it was, or anything about it. Q. Did you understand or suspect that that influence was to be exer- cised through Colonel Moore ! — A. 1 did not. By Mr. Thurman : Q. You had no such suspicion ? — A. I had no such suspicion. By Mr. Bass : Q. No such information ? — A. No such information. Q. Did you not advise your counsel that that was your suspicion and understanding "I — A. I did uot so advise him that I remember. Col. William G. Moore, having been duly sworn, was examined. By Mr. Wilson : Question. Are you acquainted with a man by the name of Kirtland ? — A. Yes, sir. Q. When did you last see him? — A. I saw him — I will try and recol- lect the time, sir — I am not sure ; I think it was — it must hav^e been — Friday or Saturday last; I am not sure about that. Q. Where did you see him ? — A. I saw him at the Ebbitt House. Q. How long before that had you seen him ? — A. I saw him, 1 think, some time last summer ; but I am not sure about that, however. Q. Have you not seen him since last summer until last Friday or Sat- urday "? — A. I think not, sir. Q. Where did you see him at the Ebbitt House? — A. He was in a room on the third floor, the number of which I do not recollect. Q. Whose room was that? — A. His own room, I understood from him. Q. How did you happen to see him there? — A. 1 was told that he was there, and desired to see me. TESTIMONY OF WILLIAM G. MOORE. 1011 Q. Who informed you that he was there? — A. Mr. William F. IMat- tinsly. C^. Where did Mr. ^[attiiii^ly j>ive you that information ? — A. I met him, 1 think it was, at the club-house on New York avenue. Q. Did Mr. Mattingly inforoi you what he wanted to see you about ? — A. Xo, sir; he did not. Q. Where was it ;\Ir. Mattin<;ly informed you that Mr. Kirtland wanted to see you at the Ebbitt House '! — A. I think it was at the club, tliough I may be mistaken ; I am not sure about that. Q. When was it ? — A. It ('(ndd not have been at the club-house, sir, because 1 saw him, I think, on the afternoon of the same day that Mr. ]Mattiniily informed me that he desired to see me. Q. Where was Mr. Mattin«>!y when he informed you — where were you ar.(lMr. Mattingly when you uot tlie information from him that Mr. Kirt- land was at the Ebbitt House and desired to see you f^A. At my place of business. Q. Where is that ? — A. 010 Pennsylvania avenue. (). What is your business ? — A. I am a member of the firm of A. K. SlM'plu'rd & Co., plumbers and gas-fitters. Q. What time in the day did Mr. Mattingly give you that informa- tion ? — A. Probably in the afternoon, sir. Q. What time in the afternoon '! — A. It is impossible for me to say, sir. Q. Was it late in the evening or nearer noon ? — A. No, I do not think it was late in the evening. I think it was some time in the afternoon, but what time I could not say. Q. I would be glad if you would fix the day now, if you can. — A. I have no means of fixing the day. By the Chairman : Q. Was it a rainy or a dry day ? Saturday was a wet one and Fri- day was a dry one- Mr. TiiURMAN. Friday was the day we were inspecting the city. I do not think it was that day, because Mr. Mattingly was with me in the carriage all that day. The WiTESS. I do not think it was that day. By Mr. Thurman : Q. Mr. Mattingly set me down at my house about half past six or nearer seven ; was it after that or before that in the afternoon f — A. It was in the afternoon, if 1 mistake not. Q. It was then before G o'clock ? — A. Yes, sir. Q. Tlu'U it could not have been Friday. Was it Saturday. That was the rainy day. — A. No, sir; I do not think it was Saturday, because that was a very busy day with me, as I pay my hands off. I am gener- ally detained in the store until 7 or 8 o'clock in the evening. By Mr. Wilson : Q. Then it must have been prior to Friday ? — A. Yes, sir. (}. Did Mr. Mattingly tell you how you would be enabled to find Mr. Kirtland at the hotel ? — A. lie told me the number of his room. Q. What was that ? — A. It is mere conjecture, but I think the number was 104. Q. Did he inform you under what name Mr. Kirtland was passing: tlieie '! Was ic 104 or 2o(> ? — A. 1 cannot remember the precise number of tiie room; it was on the third floor. Q. Did he tell you it was on the third floor :' A. Yes, sir. 1612 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did be give you directions how you Avoiild find that room other than giving you the number? — A. He just gave me the number and said it was on the tliird floor. Q. Did he give you the name under which Mr. Kirthiud was passing at that hotel ? — A." I think he did. Q. What was the name ? — A. 1 will try and recollect it. By the Chairman : Q. Was it Hogle '? — A. Yes, sir ; that is it. By Mr. Wilson : Q. Is that the only place in this city that you have seen Mr. Kirt- land ? — A. The only i)lace. sir. By the Chairman: Q. And the only time? — A. And the only time since last summer, or early in the fall, perhaps. Q. Why did Mr. Kirtland want to see you? — A. I have known him since, perhaps, 1802 or '63. I used to meet him quite frequently when I was connected with the administration of ex-President Johnson. Q. Did you send your card to his room when you went there ? — A. No, sir; I went to the door and rapped. The way I found the room I met a chambermaid in the passage, and asked her to show me to this num- ber, and she showed me to the room, and I simply rapped, and this gen- tleman came out. Q. Was there any direction given you as to how you should rap ? — A. No, sir ; nothing of the kind at all. Q. When you got into that room what did Mr. Kirtland want to say to you ? — A. Nothing particular, sir, that I know of — simply complained that he had been made very nervous, and was in a state, as it were, of prostration, as to whether he should appear before the committee or not. Q. AVhy did he want to see you on that subject ? — A. As I have said, I have known him for a long time. Q. Were there no other special reasons why he wanted to see you ? — A. He mentioned none, sir. Q. Do you know where he is now ? — -A. I do not, sir. Q. Do you know where he went from here ? — A. I do not, sir. Q. Do you know where he i^roposed to go? — A. No, sir. Q. Was there anything said in regard to his leaving this city and not appearing before this committee ? — A. He said that he would make up his mind whether he would leave or remain here ; whether he would deem it best to remain. He spoke of it having caused him a great deal of trouble, and he seemed to be very anxious to avoid appearing before the committee or publicity. He said that was the only trouble in the way at all ; the idea of being dragged before the public. By Mr. Thurman : Q. Did Kirtland tell you in that interview that he had been sub- poenaed ? — A. I think not, sir. Q. You do not remenjber whether he told you or not? — A. No, sir; I do not think he did. He said, if I recollect correctly, that he knew he was wanted here, but he did not say whether or not he had been sub- l)tenaed. Q. He did not say anything about a subpoena having been left at his house ? — A. No, sir. Q. Did he say when he had come to Washington ? — A. No, sir. Q. Did he say where he had been after he did come ? — A. fes, sir. TESTIMONY OF WILLIAM G MOORE. 1G13 Q. Where did lie say lie had been ?— A. He said he had been, I think, at the AVashington House, and had changed his quarters to the Ebbitt that inornin<»:. Q. IJad clianged from tlie Washington House to the Ebbitt House? — A. Yes, sir; and that before I saw him. (). Did he say anything about having been at 'Sir. Wilcox's ? — A, Yes, lie mentioned Mr. VYilcox's name, I think, in this connection. I think lie said when lie came into the city lie went to Mr. Wilcox's and found his house full, and then went to the \Yasliington House, and then, on the night before 1 saw him, to the Ebbitt. (). Did he ask your advice as to whether he ought to appear betbre the committee or not? — A. Xot that I remember, sir. Q. Did he not ask for your opinion at all upon that subject. — A. I think not. Q. Did he give you any reasons, 2}^'o and cow, why he should or should not apjiear before the committee ? — A. He did not, sir ; except the fact to avoid the publicity, as I have said, and his ner>iousiiess. Q. How long did the conversation last? — A. 1 do not think it lasted more than twenty minutes. Q. Did you give him any advice! — A. I think not, sir. Q. Can you not recollect whether you diid you exjiress any opinion as to whether he had better testify or not ? — A. I think not, sir. Q. You think not? — A. I think not, sir. Q. Y'ou think ytiu did not say anything calculated to influence bini in one way or the other f — A. 1 do not think 1 did, sir. Q. Did he say anything about what his testimony would be in case he should give testimony ? — A. Not further than to say that he knew nobody had been pecuniarily benefited by the transaction in which he had been engaged. Q. Did he say he knew anybody who had been benefited at all ? — A. That is about what he said; pecuniarily benefited, I think. Q. That he knew of no one who had been pecuniarily benelited t — A. Yes, sir. Q. How came he to make that remark to you ' — A. He said if he came on the stand that he had not much to say, to be sure, but he disliked the idea of being cross-examined, and that he could not say anything more than that. Q. That he could not say anything more than that he knew of nobody who had been jiecuniarily benefited by the transaction ? — A. Y\\s, sir. Q. Did you not know better than that ? — A. 1 presume he referred to the notes, sir. Q. Did you not know better than that ? — A. I knew, by reading the testimony liere, that there had been some persons who had received fees; that I knew, sir. (^ Is that all the knowledge you had ? — A. That is all the knowledge 1 had. (). Had you never beard before that he had receix cd money for notes from Mcrielland ? — A. Yes, sir; 1 read that in his testimony. (). ^'(111 never knew that before ? — A. I iiave, sir. (}. WIm'Ii did you lirst hear of it? — A. He told me of that Just alter he receivearticularly on this business, sir. He ealU'd to see me quite, frecpiently ; that subject was mentioned, of course, more or less. Q. Where were jou then ? — A. 1 was then in theestablishment of A. K. Shepherd & Co. Q. At that time ? — A. Yes, sir. Q. How long did you say you hj^l known Kirtland ? — A. I think since 18G2 and 18G3, when he came here with a cavalry regiment from ifew York. Q. He was iu the war ? — A. Yes, sir. I think he was in " Scott's Nine Hundred." Q. How long was he here in 18G2 or 1803? — A. The regiment was here for some months before it was ordered off. Q. When was he mustered out of service ? — A. I do not recollect. After the regiment was ordered from Washington, I do not think it re- turned again until it was mustered out. Q. That was in 18G5, was it not? — A. I do not remember that, sir. Q. When did he come to Washiugtouafter the regiment was mustered out ? — A. I do not recollect. Q. What business had he here? — A. I am not aware, sir. Q. Was he here frequently after the war up to the time these con- tracts were awarded ? — A. Ko, sir; 1 cannot remember that he was. I met him now and then when I was acting private secretary to the Presi- .dent. Q. What ai)peared to be his business? — A. I never knew. Q. You had no idea ? — A. 1 never took sufticient note of his presence here to rememl)er whether or not he staid here any length of time. Q. J)id you understand him to be a lobbyist? — A. No, sir; I never knew that he was here iu that capacity. Q. Or about Congress? — A. No, sir; 1 never knew that he wjis here ou that sort of business. Q. Do you remember of his being here in 1871 ? — A. Tcannot recollect. Q. Or 1872 ?— A. I thiidv he was here in 1872. I fix that from the 1 date of this contract. He was here (juite a leugth of time, I think, in 1872. Perhaps a couple of months or so, if not more. Q. Was he a member of the Washington Club? — A. Ido not know, sir. Q. Was he a liab it ue thave^ — A. I never saw him there. It is a place I do not often attend myself. Q. Was he here in 1872 ? — A. Yes, sir. Q. Was he here any considerable time in 1872 ? — A. If I mistake not lie was here a considerable portion of the summer. (^ Of 187:3 ?— A. Yes, sir. i}. \\ hen was the contract awarded to DeGolyer aud McClelland ? — A. I think in 1872. (). About what time? — A, Simply froiu recollection, gathered more from the testimony than anything else, 1 think somewhere about dune. 1G16 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Do you know what acquaintance Mr. Kirtland had in Washington in 1872 ? — A. ^es, sir ; the onl.y persons with whom I saw him were a man named Brown ; I saw him witli Mr. Chittenden. I do not think I saw him with anybody else. Q. The Reverend Mr. Brown "? — A. That is what they ctdled him, sir. Q. AVhat was Mr. Brown's business here? — A. I have not the remotest idea. Q. Yon do not remember seeing* Mr. Kirtland with any other person except Brown or Chittenden ? — A. I may have seen him with his father- indaw, who lives in Washington. Q. Who is his f'ather-indaw '? — A. Mr. Grayson. Q. Does he live here now? — A. Yes, sir. Q. Whereabouts does he live in Wasliington ? — A. He lives on Mis- souri avenue near Fourth-and-a-half street, 1 think. By Mr. Wilson: Q. What is his business? — A.*[ think he is a clerk, sir. He is an elderly gentleman. Q. A clerk in one of the Departments ? — A. Y^es, sir ; that is my im- pression. I know him personally. He is a tall man. By the Chairman: Q. Slim, with gray hair ? — A. Yes, sir. By Mr. Tiiurman : Q. Was Kirtland married before the war, or did he marry after the war? — A. I do not know, sir. I do not know his family-history. Q. You told him you would help him ? — A. I told him I would be glad to aid him if I could. Q. In what way? What induced you to tell him that? — A. He de- sired me to use what intiuence I might have with the vice-i)resident of the board of public works, Alexander R. Shepherd, in order to obtaiu this contract. Q. ^\' hat induced you to make that promise to him ? — A. Simply, I told him in a friendly way, I would do what I could in that direction. Q. Had you been intimate with him f — A. Yes, sir. I had known him, as I have said, since 1863. Q. Was there any great intimacy between you ? — A. I do not know what you call intimacy, but I have known him very well. Q. What had brought you into friendly relations with him ? — A. When his regiment was here, I was, at that time, in the War Depart- ment. I think I first met him in connection with the colonel of his com- mand; and as the War Dei)artment was a frequent place to visit for officers, I met him there first, if 1 mistake not. Q. Did you use your friendly help ? — A. I did to some little extent. Q. With Governor Shepherd, who was then vice-president? — A. Y"es, sir; I spoke to him on the subject. Q. What reason did you give for doing that ? — A. I think that before that time I had spoken on the subject — before I met Colonel Kirtland. I think I had spoken on the subject to Mr. Shepherd, but simply asked him to do whatever was right and proj>er in the premises. He told me it was a matter that did not belong to him ; but that it belonged to the board, and would be investigated and determined by the board. Q. llow came you to speak to liim before you saw Kirtland ? — A. At the solicitation of Mr. Chittenden. Q. Mr. Chittenden then had solicited you ? — A. Yes, sir. Q. Had Air. Chittenden nmde any proposition to you ? — A. Not di- TESTIMONY, OF WILLIAM G. MOORE. 1017 rectly, sir ; I nnderstood :ui iiitiinatioii that, i)erliiii)s. I could liave ;i share in the contract, I think. 1 am not sure that 1 am doing him justice. By J\lr. Thiirman : Q. Was it in consequence of the intimacy that you speak of? — A. No, sir. (J. When did you first become acquainted with jNFr. Chittend'Mi ? — A. 1 met him here, 1 thiid<, in 1872 — the \vint«'r i)receding the contract. Q. The contract was anarded when '. — A. In June, 1872. <^. You met hini, then, in the preceding winter? — A. Yes, sir: I tliink I met him early in the winter of 1872. Q. You mean 1871-72 ? — A. Well, say about February, 1872. Q. You had never known him before ? — A. I had not, sir. Q. WIio introduced him to you ? — A. 1 do not know. It is a circum- stance I have endeavored to recall in vain. I am very sure that he was introduced to me in person. I am pretty sure that it did not come by letter. By the Chairman : Q. It was not 3Ir. Huntington, was it? — A. Xo, sir; I think not. By Mr. Thurman : Q. How often did you see him before you saw Mr. Kirtland ? — A. That 1 could not say, but quite frequently, I should suppose. That would depend on the length of time between my first acquaintance with Mr. Chittenden and my next meeting with Kirtland. Q. Did you tell Mr. IShepherd that you had had any conversation [ with Mr, Chittenden on the subject? — A. I told him tliat I had been solicited by ]Mr. Chittenden to ask his attention to an application for a contract; yes. Q. Did you tell Mr. Sheplierd that Mr. Chittenden had intimated to you that you could liave an interest in it ? — A. No, sir. Q. Did you tell Mr. Shepherd that Kirtland had intimated anything ( of that sort ? — A. No, sir. Q. Did Mr. Shepherd inquire anything about it, how you were inter esting yourself in that manner ? — A. No, sir; he merely gave the reply I that I liave said, that it was a matter that was not to be determined by [ him, but must come up before and be de(;ided by the board. I (}. Did Mr. Shepherd say anytliing to you to the effect that he did I not think it was proper for you to be soliciting contracts? — A. No, sir. I Q. He said nothing of that sort? — A. No, sir; there was nothing 1 mentioned of solicitation. I Q. Well, considering the relations between you and ]\Ir. Shepherd — : you were his i»artner were you not ? — A. Yes, sir; I became a partner j in tlie lirm the 1st of .Vi)ril, 1872. I might not have been a partner at I that time to which 1 refer. This oc(airred, perhaps, in February or I March of that year. Q. Wiien did you go into the establishment of Alexander li. Shep- herd ? — A. April 1, 1872, as a partner. ' Q. Were you in it in any other capacity before that ? — A. I was, as it J were, on a sort of i)robation. I had resigned in April, 1870, to go into I that establishment, and from that time to 1872, was in the estal)lish- t nient — not as a partner, however. Q. What time did you say you went into it? — A. In 1870 I went into the establishment, but not as a i)artuer. I became a partner on the 1st of Apiil, 1872. 102 U C T 1618 AFFAIRS IN THE DISTRICT OF COLUMBIA. i). lu 1870 you went into it, and two years afterward you became a partner'^— A/Yes, sir. ,,-.-,. () Did Mr. Shepherd intimate to you that he uid not want any person so intimately connected with him to be interesting himself in contracts ?— A. No, sir. ^^ . , T i. ■ Q. He said nothing of that kind ?—xV. No, sir ; because I was not in- terested in that contract. . Q Interesting yourself in procuring contracts?— A. No, sir; i did not ask him in the manner of procuring contracts. I merely called his attention to it. I told him I had promised to do it, and asked him to consider this. . . ,^,^01 i i Q And you are quite sure that you did not intimate to Mr. bhepherd that you cmddhave an interest in the contract if it was awarded?— A. I am positively certain, sir. Q. You are quite sure of that?— A. Yes, sir. Try and recollect a little more detinitely whether Mr. Chittenden did'^not inake you a specific offer of an interest !-A. Since this matter has been investigated, I have endeavored to recall most of the circum- stances : but I have no distinct recollection of any definite, positive otter. It was more in the nature, as I have said, of an intimation. I recollect my reply, that if he desired to defeat himself, he had better let that be known or make the offer again ; that it would ruin his chances for a con- ^Q.Did you liave any other intimation of. that sort from any other people who were soliciting contracts ?— A. O yes, sir ; I have had inti- mations from a good many. , . i ^ i Q. To the same ett'ect ?— A, Well, they have given me to understaiid, that if I would aid them, I might receive a fee or some portion ot the proceeds of the contract. . . n., ^ • ^1 ^-u^ Q. That you would not lose anything by it?— A. That is exactly the ■ (V Did you recommend any other contracts ?— A. I do not know, sir. If a person came along that I knew very well and liked, I had no objec- tion at all to recommend him. Q. Try to recollect if there were not some others.— A. 1 cannot recol- lect any. a » ^- Q. Y^ou remember that there were such things f— A. les, sir. Q. They were too common for you to recollect ? — A. Yes, sir. Bv the Chairman : Q. O'Connor & Shanley ?— A. No, sir. I do not know that. I never before heard of them. By Mr. Thurman : Q. Now, do you not know that Kirtlaud says that you got $40,000 of that $72,000 ?— A. No, sir. ^x . t i f Q. Did vou not hear that Kirtlaud said that!— A. No, sir. I do not think that Colonel Kirtlaud would have said so. The whole history ot that atiair is, in brief, this: When those notes came— and, as i have said, I do not recollect the amount of them— he desired me to retain halt of them. I declined to do so, and he made the proposition to Q. One-half of all the notes"?— A. That is what I understood him to sav I might have misunderstood him. I thought notes so freely given, in^he first place, would not amount to much, and I did not care about involving myself in that wav. His next proposition was, that he wouitt take those notes, I believe, and discount them, and that in that event TESTIMONY OF WILLIAM G. MOORE. 1010 lie would put half of them to my credit. The result was, that wheu he obtained the lirst i)aymeut of $10,000, as 1 have said, he ollered me a portion of tiiat $10,000, and I declined, and I Inive never received one cent from that or any other contract under the board of public works — uot one cent; nor am I interested in any or expect to receive any. Q. Did he give any reason for otfering yon one-half of these notes or one half of the proceeds of the notes ? — A. Simply as I stated. He stated that I had been of service to him. By 3Ir. Stewakt: Q. Did yon know that he used your name, or made intimations to that effect, as a reason for getting this $72,000 in notes from Chittenden «S: McClelland?— A. Xo, sir. By Mr. Thukman : Q. Have you any idea what he did with any of that money, except what he gave to Parson Brown ? — A. Well, that is a matter that I have looked into. I never knew that Mr. Brown received one cent, and, strange to say, in the whole transa(;tion the only i)ersons that seemed to 1h' interested in the affair were Chittenden and Kirtland. Q. Do vou know with whom Paison Brown was ac(|uainted here? — A. Xo, sir. Q. You do not know much of Parson Brown ? — A. No, sir ; I did not. He was a very peculiar man, to whom I did not take much of a liking. Q. Did he not go to the club ? — A. I never saw him there; but 1 wish to state, also, that it is a place I very rarely go mysalf. By Mr. Wilson : * Q. Did you see these notes after they came from Chicago ? — A. Yes, sir ; he showed them to me. Q. Where did he show them to you? — A. In the store. Q. Was he in there with those notes ? — A. Yes, sir ; and desired me to retain and offered me half of them ; I think he said half. Q. You y Mr. TnuRMAN : Q. IIow long was that after he off"ered you a part of them ? — A. That was probal)ly some months. He left Washington, if 1 am not mistaken, shortly afterward. ]}y Mr, Wilson : (}. He got Chicago property for them, did he not ! — A. That is what he told nic. (^>. Do you know of his getting jnoperty in Washington for tlic Chi- ' ago property? — A. I only know tiial from an infimafion that was iroppcd l>y a gentleman from whom lir purchased that i)ro])eily ; and "y my pi'cvious knowledge of those notes I interred tliat the transaction \;is coiiiM-ct.i.il with the Chicago affair. I(j20 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Wlio was that gentleman ?— A. That was Major Wiles. Q. Where does he live t—X. In Washington. He is here now. By Mr. Thueman : Q. Was it real estate in Washington that he got?— A. Yes, sir. He made some sort of an arrangement by which he was to acqnire a honse on Fifteenth street, between H and I, I think. The way in which I knew that was tlirough Maior Wiles's telling me that Kirtland had bonght that honse and wanted it fixed up. We had done the plumbing there. Thieves had broken into the house and stolen the lead pipe. He said that he wanted it fixed up for Kirtland. Afterward 1 asked him, having some curiosity about it, if Kirtland owned that house, and he said the trans- action had fallen through. By Mr. Thurman : Q. He ultimately did uot get the house ?— A. That is it, sir. By Mr. Wilson : Q. Do you know of that money, or any portion of it, having gone, by some circuitous route, out of Kirtland's hands !— A. i^o, sir, I do uot. Q. You do not know what became of it other than this Chicago trade?— A, No, sir. . Q. Ho you know a man named Ira Holmes !— A. JN o, sir ; 1 never saw him. Q. You never saw such a man ?— A. Ko, sir; not that I know of. Q. Mr. Grayson, you say, is the father-in-law of Kirtland ?— A. Yes, Q. Do you know of his having any contract with the board of public ^-orks ?— A. 1 have no knowledge on that point at all. Q. Have you any information that he had ?— A. I have not, but I am inclined to think that he has not. Q. Your testimouy thus far has been directed to the DeGolyer & Mc- Clelland contract, and some general questions asked you by Senator Thurman. Did Mr. Kirtland ever come to you in reference to another contract than the DeGolyer & McClelland f— A. I think that he once mentioned something ; he wanted some sort of a contract, but what it was 1 do not remember. It seems to me it was in regard to sewerage, but I am not sure. Q. Was it uot a paving contract?— A. I think not. Q. Was he soliciting your aid in the matter ?— A. Y"es, sir, he asked nie it I would uot help him. Q. When was that '?- A. I do not remember. It must have been the succeeding summer. Q. Did he give you any intimation in regard to that contract .^— A. No, sir. Q. None whatever?— No, sir; I told him that 1 thought he had bet- ter keep out of the contract business. Q. Where did he get this DeGolyer & McOlellan contract '?— A. I do not know, sir. I was not aware that the contract had been awarded, until, 1 think, Kirtland told me. Q. Who got it in possession ?— A. I do not know. Q. Have you any recollection of ever seeing it at your store?— x^. No, sir ; 1 do not think I ever saw it there. Q. Did you ever see that award ? I am not speaking of the contract.— A. No, sir ; I never saw the award. Q. You never saw that at your store?— A. No, sir; so far as I can re- member, 1 never saw it. I merely heard of it verbally. TESTIMONY OF WILLIAM G. MOORE. 1621 By Mr. Thurman : Q. Did you ever see Parson Brown in your store? — A. Yes, sir; he would (;all in now and then. (^). While this thing- was goin^ on? — A. Yes, and afterward. Q. While the contract was being solicited? — A. Xo, sir; I saw him after that. Q. Uid you see him before? — A. Yes, sir; I saw him both before and after. 1 had no idea at all that he had any interest in the matter. By the CHAIRMAN: Q. What was he coming- in for afterward ? — A. Well, I thougiit may be he wasjust simply spending- a pleasant time here. By Mr. Wilson : Q. Whom was he talking with when he came down to your store I — A. Sometimes he came in with Mr. Chittenden, and sometimes Kirt- land, and sometimes droi)pe(l in and sat down, on a warm day, and wiped theperspiration from his l)row, exchanged a few words, and went olf. Q. AVith whom did he exchange words? — A. With myself, sir; I was the only one he knew. Q. lie always came to see you? — A. Yes, sir. Q. The first you knew of Mr. Chittenden was about February, 1872? — A. 1 think it was somewhere thereabouts; it was cokl weather. Q. Had you ever seen him before that timel? — A. No, sir. Q. Do you recollect who introduced you ? — A. I do not recollect. Q. Where were you introduced ? — A. At the store. I saw him quite frcipiently. Q. He came there often ? — A. Yes, sir. Q. Did you meet him at his room in the hotel? — A. Xo, sir. (}. Did you e\'er see him at the Arlington hotel? — A. No, sir. Q. lie always came to see you? — A. Yes, sir. Q. llow long was it after you became acquainted with him until he made these overtures to you? — A. That I could not tell very well. I do not know that I understood his business until I had known him some few weeks, perha])s. Q. Can you give the committee no more definite information than you have in regard to Avhat it was that Kirtland wanted of you when he sent for you to come to the hotel ? — A. No, sir; I cannot. I suppose that he was in rather a depressed condition, and I suppose it did him good to see an old friend. (,). What was there about it that made him nervous'? — A. The idea ot going- on the witness stand seemed to unnerve him completely. When I saw him he was lying down, and seemed to be ([uite unwell. He; told me that the fear of going on the stand had really made him sick; that he could not sleep at all. (^>. How had Mr. Mattingly found out that Kirtland was here ? — A. 1 do not know. (}. Did he not inform you how he had ascertained that he was liere? — Xo, sir; lur did not. The trouble is that 1 cannot even rememl)er, as I have said, the day when 1 saw Mr. Mattingly. By Mr. TiiuuMAN: Q. Was Kirtland, when you saw him here, at the Ehbilt House, last week '. — A. Yes, sir. Q. Was he in any way disguised ? — A. Xot at all. (}. When you knew him first did he wear a beard ? — A. Yes, sir. LG22 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Moustache ? — A. Xo moustaclie ; a beard — side whiskers. Q. Not a chill beard? — A. ISTo, sir. Q. English whiskers? — A. Yes, sir; rather after the English style. Q. That is wheu you first knew him ? — A. Yes, sir. Q. Was he iu the same way here ? — A. Yes, sir; there was uo change in his personal appearance. By Mr. Wilson: Q. Do you know who else called on him while you were there I — A. No, sir ; while I was there uo one called. Q. Do you know who was at his room besides yourself? — A. No, sir ; that was the only time I saw him. By Mr. Stewart : Q. Did yon tell anybody that you had met him ! — A. I do not know. Q. Did you tell him to go to Mr. Shepherd ? — A. No, sir. Q. Did you see Mr. Chittenden there at Kirtland's room ? — A. No, sir; there was no one but myself. While I was there, there was a tap on the door, and Kirtland answered it, and the person went away. Q. Who was that person? — A. I presume it was — he said it was — Mr. Chittenden's counsel from Chicago. Q. Mr. Storrs ? — A. Mr. Storrs; I think that was the name. By Mr. Thurman : Q. Did not the governor know he was here?-^A. Not that I am aware of. The governor asked nie if I knew where he was. That was Friday week; I recollect that very distinctly ; I think it was last Fri- day week ; and he told me that he was very anxious indeed that he should appear before this committee, and asked me to ascertain his whereabouts. By Mr. Wilson : Q. Knowing the governor was solicitous to have him here, why did you not nrge him to come belore this committee '? — A. I didn't consider myself the conusel, sir. Q. Knowing that the governor desired to have him here, why did you not inform the governor that he was in this city? — A. I do not think I saw the governor for a day or two afterward. The governor is not in the habit of coming in the store very often. Q. Knowing that the governor was so very anxious to have him here, and knowing that Mr. JMattingly had given you information that he was in this city, and told you the room where he could be found, and uuder these circumstances of seciesy, why did you not give the governor infor- mation that he was here ? — A. As I stated, I was not the counsel of this gentleman ; and, iu the next place, Colonel Kirtland desired me to say nothing about it. Q. Knowing that the governor was anxious to have him here, after yon had seen him at this room, why did you not inform Mr. Mattingly that he was here, to the end that he might be brought before this com- mittee ? — A. Simply from the fact that Mr. Mattingly informed me that Mr. Kirtland was here. I did not get that information except through Mr. JMattingly. Mr. Mattingly hrst told me. I did not know positively that Kirtland was in town. Q. When did the governor inform you that he was so anxious to have this man here "? — A. I think that was Friday week; 1 am not sure. Q. Last Friday Aveek ? — A. Yes, sir. Q. Less than a week after the governor had given you this informa- TESTIMONY OF WILLIAM G. MOORE. 1G23 tion, the connspl inforinod yon in this pecnliar way that Mv. Kirtland -was in this city ? — A. That he was in town, yes, sir; at the El)l)itt llonse. (^>. You (lid not feel yourself called upon to ,a,ive the coniinittee infor- mation that he was in this (-ity ? — A. 1 did not, sir. Q. Were you aware of the fact that tlie coinniittefe were strivinj? to get Mr. Kirthind ? — A. I was not aware of that fact; but I might infer it. Q. Did you not Ivuow, now, not by absolutely being here, but from all the surroundings, tluif the committee very much desired to get Mr. Kirtland here :' — A. 1 liad no donbt of that at all. Q. .Vnd you knew tlie governor wanted it t — A. Yes, sir. (J. Has the governor been in the store since you saw .Mr. Kirtland .' — A. Yes, sir. (}. How often do you see the governor? — A. Sometimes I see him daily for two or three days, aiul sometimes I may not see him for two or three days again. Q. How long after you saw Mr. Kirtland was it until you saw the governor f — A. 1 do not know. Q. Have you not seen him frequently since ? — A. Xot frequently ; but several times. Q. Why did you not tell him that you had seen Kirtland ? — A. 1 did not perceive any necessity for telling him so. Q. You knew that the governor desired to have him here ? — A. Y^es, sir. Q. Why did you not tell the governor ? — A. Kirtland had desired me to say nothing at all of his presence here in the city. i). And for that reason alone, and notwithstanding you knew the governor was so desirous to have him here, you withheld that informa- tion from him f — A. 1 did not impart that information to hini. By Mr. Bass : Q. Y^ou knew when Mr, Chittenden left for Chicago to take the award. You knew at the tinu> that Cliittenden got the award at the store, did you ? — A. Information was given me at the store ; yes, sir ; I think Kirtland told me. Q. Uow long was it after that before Kirtland came to the store with these notes and exhibited them to you? — A. 1 don't remember, sir; but it was a very short time afterward, 1 think. Q. And he informed you, did he, that the}' had come to him by ex press? — A. Yes, sir. (^. And that they had come from Chicago ; the notes were made by DeGolyer and McClelland 'i — A. Y'es, 1 saw the notes. (^. So that you knew how it was that Kirtland had possession of the notes ? — A. Yes, sir ; certainly. (}. \rou knew that they had come to him as compensation for services that he had rendered in getting this contract ? — A. Yes, sir; exac^tly. (i. Did you also talk with him then in regard to the 8lO,()()0 that Brown was to have ? — A. No, sir; I lu'vcr knew that Brown was to re- ceive ji cent until the fact was () notes, did you see all the notes '. — A. 1 thiidc I saw all of them. I Ihink that they were i)ointed out'; but I do not know that that was the amonnt. (J. .Vnd you declined to take half the notes ? — A. Y^es, sir. 1G24 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Then you say be suggested that lie would convert tbe notes into money? — A. Yes, sir. Q. How long was it after tliat that he converted a note into $10,000 of money and came back ? — A. I do not remember, sir. Q. Then he offered you part of that $10,000 f— A. Yes, sir. Q. Was anything said at that time with reference to the balance of the notes'? What did he say about the balance of tbe notes? — A. I do not think mucli was said about them. He merely said that he had failed to obtain the proceeds, and I think by that time he had come to the con- clusion that there was not much profit in those Motes. Q. Why so ? — A. As he found it difficult to negotiate them, from his statement. Q. What did he say about that ? — A. That was all he said, that he had found it difficult to negotiate the notes, and that he had got pay- ment of this one. Q. What did you say further to him ? What was the conversation about the negotiation of the notes? — A. That was about all; that I agreed with him that he would never get the money. Q. Did he at the time, or M^ere you also advised, at the time this con- tract was being procured, of the fact that they had invested $15,000 in getting Colonel Parsons to do some work also before the board ? — A. N^ot at all, sir. Q. You were a partner of Governor Shepherd's at that time ? — A. Yes, sir. Q. This $72,000 of notes had been exhibited to you, at Shepherd's store, as being the price which had been paid for obtaining a contract from Governor Sheplierd ? You knew that the award had been deliv- ered at Governor Shepherd's store"? — A. I did not know that, sir. Q. You knew it came through Governor Shepherd f Did you tell Governor Shepherd that you had seen this $72,000 of notes ? — A. Xo, sir. Q. Why did you not tell him ? — A. Well, I did not think it was necessary to tell him, sir. Q. You were his copartner in business ? — A. Y'es, sir. Q. Had a little interest in his honor ? — A. Yes, sir. Q. And his integrity ? — A. I had, sir, and I still have. Q. You kept that secret ? — A. Yes, sir. Q. Did you keep it secret from good or bad motives ? What was your motive in keeping it secret! If you were not to share, and did not contemplate any share, in the proceeds of that paper, 1 wish you would tell the committee why it was that you studiously secreted from Governor Shepherd the fact that a contract had been sold for $72,000. — A. There was no studious secretion about it. I never mentioned the matter to Governor Shepherd, and never thought it necessary to mention it to him. By Mr. Thurman : Q. Did it not strike you as rather a strange thing that upon a contract of that kind DeGolyer and McClelland could afibrd to give so large a sum of money? — A. Yes, sir. Q. You were a citizen of the District ? — A. Yes, sir. Q. And your relations with Governor Shepherd, who was vice-presi- dent of the board of public works, were very intimate, of course? — A. Yes, sir. Q. Although Governor Cooke was the governor of the District, yet the active man and the man of brains in the whole business was Gov- TESTIMONY OF WILLIAM G. MOORE. 1625 ernor Sbeplicrtl, was he not ? — A. Well, witliout reflectiiift' on his col- lea,uucs, I shonhl say yes. C^). Now, (lid it never oceur to you that it would be pretty well to put the leadino- man of the board of public works on his guard in letting; contracts at such prices as they were lettiui;' theiu when the ('ontractor could allbrd to give such a large per cent, for the mere procuring of the contract ? — A. It did not, sir. Q. Did it never occur to yon that it would be very much more to the credit of the board, and very much to their credit, if they could get the Avork done at a low price, than if they had to pay such high prices l — A. Of course it would have been to the credit of the board to have obtained the work at the lowest possible price. Q. Knowing that it would reflect credit on the board, how is it that itjR'ver occurred to you to suggest to Governor Shepherd that the price tliat the board was fixing for this kind of work was too high ! — A. As I understood it, (and I am not very well informed as to the proceedings of the board,) they fixed a certain rate for that species of pavement, and all the contracts for that si)ecies of i)aveuieut were let at that rate. Q. Ves, but this DeGolyer & McClelland pavement was the oidy De- (lolyer & McClelland paveuieut that was laid ? — A. Exactly ; but it was what was called the treated woodeir pavement. Q. They did not put all wooden pavement at precisly the same price ? — A. They may or may not. On that point I am not informed. Q. If they did put all wooden pavement at the same price, still this Be Golyer & McClelland contract was a very large one, was it not 'I — A. I thiuk it was 200,000 square yards. Q. JMakiug 8700,000?— A. Yes, sir. Q. Xow that being case, did it never occur to yon that if DeGolj^er & ^McClcllan could lay that and make a profit, and yet i)ay so large an anujiint (or the procuring of the contract, that probably these other peo- l)le also could do the work tor less than 6;>.oO a square yard ? — A. It struck me as a very large bonus for the contract. (}. Yes, but it never occurred to you that it would be proper for you to put .Air. Shepherd on his guard ? — A. Xo, sir. Q. That never occurred to you, at air? — A. Xo, sir. Q. You say that you came to the couclusion that these notes would not be worth much ? — A. It struck me, as I have said, that giving notes quite so freely as that hardly indicated an ability to meet them. Q. Did you make any inquiry whether DeGolyer & McClellaiul were responsible if — A. I did not. Q. If they would not be able to meet the payment of $72,(K)0 in notes, did it never occur to you that possibly they would not be able to execute a contract for 8700,000 worth of work l — A. I do not think they did execute the contract. Q. \)u\ that occur to you.' — A. I do not know that it did, at the time. Q. Y'ou did not say auything to Governor Shepherd that you thought they were doubtful ? — A. No, sir. Q. How was it that you expected that these notes would be nego- tiated in Chi(;ago ? DeGolyer vS: JMcClclland were Chicago men. Did you expect they could be negotiated iiere .' — A. The eftbrt was not made to negotiate them here, so far as I know. Q. Did you understand that Mr. Kirtland had been to Chicago and bad tried to negotiate them there? — A. Yes, sir ; from what he in- formed me. lie said he had gone to New York, I thiidc, and also to Chicago. Q. lie tried to negotiate them ! — A. Yes, sir. 1626 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. And conld not do it? — A. He could not. Q. Bid he never tell you that be had actually negotiated them at Chi- cago ? — A. No, sir; only to this extent. He received the payment of one note, as I have already stated, and then he told me that he had taken these other notes there and invested them in real estate. Q. At Chicago ! — A. Yes, sir. Q. Did he not tell you then that at that time DeGolyer & McClelland were responsible men "? — A. I think not, sir. Q. Did Chittenden tell you so '? — A. Not that I am aware of. Q. Are you not aware that Chittenden has testified that at that time DeGolyer & McClelland were responsible men "? — A, I did not read his testimony with a great deal of care, and I do not know whether I saw that in the part of the testimony that I have read. Q. You say you do not know anything about Mr. Huntington "? — -A. No, sir. Q. Was Mr. Huntington active in getting contracts? — A. I do not know, indeed, sir. I dhl hear his name mentioned perhaps once, and only once, in connection with this matter. Q. What kind of a contract was that? — A. That was simply in regard to this same contract I might have heard his name mentioned. Q. In any other contract, did you know of Hantington being inter- ested ? — A. No, sir. Q. Or working for any other contract ? — A. No, sir. By Mr. Bass : Q. How many times had you suggested to the governor, in your own way, the propriety or advisability of granting this DeGolyer & Mc- Clelland application ? — A. I do not think more than once or twice, and these gentlemen called often, as I have stated, and interrupted my business considerably. My only desire was to get a decision one way or another. Q. How recently, before the decision was made, had you spoken to the governor ? — A. Not for some time. Q. You were anxious to have the decision made to get rid of them? — A. That doesn't seem very kind, sir ; but I believe, honestly, that was the truth. Q. Were your relations annoying you so that you did not like to have interviews with them ? — A. No, sir ; but our business requires very strict attention, and I had charge of the books, and you can imagine that interruptions were not very pleasant. Q. And your relations to the governor were such, of course, that your suggestions to him would be apt to have some weight? — A. I do not think, in such a matter as that, they would have much weight. Q. You must have thought so at the time? — A. It was merely in ful- fillment of a promise. Q. Having spoken to the governor, probably because you supposed, or, at least, expected, to have some weight given to your request, then finding that $7:2,000 had been paid for it, did it not occur to you that this $72,000 had been paid over by reason of certain iutiueuce which you had exercised with the governor ? — A. I did not know that my name had been mentioned in connection with the notes. Q. But you had, at the request of these gentlemen, solicited the gov- ernor to give a favorable consideration to this application; and shortly after this request had been made by you, you learned that the contract had been awarded, and immediatel}' thereupon you found that $712,000 of notes had been paid. You were advised of that fact, and an offer made TESTIMONY OF WILLIAM G. MOORE. 1627 to divide witli you, because of the fact that you had been iustrumental in procnriiia' it. All these circniustances being broui;ht to your knowl- edge, and the fact farther existing, that this award for 150,000 yards of pavement had not yet been located in this city, that there was yet time to stop the execution of this contract — all tiiese things cons])iring to- gether, did it not seem to you that you had been used to i)rocure this contract and obtain this 87li,000 ? — A. In the first place, 1 do not know that 1 was aware that no streets had been designated. In the next place, as to whether this otter of money was in consideration of my own influence, the inference is as you have stated it, luiquestionably. Q. You knew that was so, and, therefore, knew that these people thought they had bought your influence with money. You knew they thought so, whether you did or not. Did it uot occur to you that if they thought they had been buying your influence that if you did not agree with them it would be very natural for you to speak to the gov- ernor, and stop the execution of the contract ? — A. That 1 do not know ; they did not know me if they so thought. Q. Do you know what became of that $10,000 that Mr. Kirtland had and offered to divide with you ? — A. I presume he retained it and spent it himself I have no otlier information at all about that. Q. Did oMr. Kirtland have an interview with you with reference to a pa\ing contract of O'Connor «S: Shanley, which was, in fact, awarded to them to lay down twenty-five thousand yards of pavement? — A. No, sir; not that lean remember. I was iiot aware that he was at all in- terested in that contract. This is the first time I have heard of such a contract. Q. A contract granted to a firm in New Jersey, O'Connor & Shan- ley f — A. I do not thiidi I ever heard of those names before. Q. Did Mr. Kirtland, after the DeGolyer & McClelland contract, have interviews with you in reference to other contracts f — A. xVs I liave stated, he said something with regard to a sewer contract, as I under- stood it, and the subject diopped almost as soon as mentioned ; I told him that I did not know anything about it at all, and 1 did not wish to have anything to do with it. (^). There was one (juestion asked a while ago that you were proceed- ing to answer, and I thiidc you were interrupted. It was when you were answering with reference to the intimations that they made to you when they wanted your infiuence Avith the governor. \Yhat were the precise intimations ? What did they say 1 What did Colonel Kirtland say ? — A. Well, 1 do not know about Kirtland. I do not know that Kirtland nuide really any offer at all until the notes were received. But as to Mr. Chittenden, it was simply a sort of intimation that I could have an interest in that contract, as I understood. 1 may not be right. (,). What was the intimation that Chittenden gave ? — A. That was all ; Just that. He intimated that 1 might have an interest in the con- tract if obtained. Q. What interest? what proportion? — A. Nothing was specified. There was no definite proposition. It was just in that geiun-al way. Q. Wheie did your firm keep its bank-account ? — A. We have, ever sincc^ I have l)een in tiie establishment, kept our bank-account at the National Metropolitan I5aid<. <^ Have you had any other bank-account? — A. No, sir. Q. Did you have an individual bank-account? — A. I did not. Q. You had none separate from the linn ? — A. None at all, sir. Q. Did you have any business outside of that ? — A. No, sir ; no busi- ness outside of the establishment. 1628 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. AVheie did Governor Shepherd keep ids individual bank-ac- count ? — A. I tliink at the N^ational Metropolitan Bank. I do not know much about his private business. Q. Did you ever keep a bank-account at the First National ? — A. ISTo, sir ; I think not. By Mr. Thurman : Q. Has your firm any of the sewer-bonds ? — A. I do not know that the firm has any sewer-bonds. We have a few bonds there, amounting to $550. Whether they are sewer-bonds or not I do not know. I do not know that I know a sewer-bond when I see it. Q. Have you any contractors' certificates — that is, certificates given by the government? — A. We have simply one given by the auditor. "Q. How much does that call for ?— A.' That calls for, I think, $3,090. I am not sure. Q. You. are speaking of what is in the present ownership of the firm ? — A. Yes, sir. Q. Has the firm had heretofore any of these sewer-bonds ?^A. Ko, sir; not that I know of. Q. Any of these auditors' certificates ? — A. No, sir. Q. Has either member of the firm had any that you know of? — A. Not that I know of. Q. What reason did you give to Colonel Kirtland for declining to take one-half of these notes when he offered them to you ? — A. I do not know that I gave any reason, excepting that I did not wish the money ; I did not state exactly what the real reason was ; but, upon reflection, I had concluded that it would not be proper, considering my relations to Governor Shepherd, to take a cent from any of the contractors. Q. That was the real reason ? — A. Yes, sir. Q. That had not occurred to you at first ? — A. Well, yes, sir ; it oc- curred to me, and I said so, originally, when the first proposition or intimation was made by Mr. Chittenden. Q. Nevertheless, they thought they owed you ? — A. Yes, sir ; I sup- pose they did. Q. Otherwise, they would not have offered it to you? — A. Probably that was so. Q. But, after thinking that they owed you, and supposing it was through your influence that they had obtained the contract, or, at least, that your influence had benefited their application, they felt bound to make you the ofler of one-half? — A I do not know what they felt bound to do, but the fact that they made the offer would justify that idea. Q. A man does not usually give away tliousands of dollars, or thou- sands of dollars of securities, without feeling under some obligation to do it ? — A. No, sir. Q. But you told them first that you would not take anything ? — A. I told Mr. Kirtland that I did not want any of his money. Q. You did not want any of that amount and wanted no compensa- tion, no remuneration of any kind? — A. That was it, sir. Q. Did not that astonish him ? — A. Well, he seemed somewhat sur- X)rised. Q. He never had met such a man before ? — A. I do not know ; but I have been in a position where I have had many ofl'ers made to me, and have been able usually to refuse them, invariably to refuse them. Q. Yes, sir ; but still he was a man who evidently thought that influ- ence was a thing that was good to have about the house and that he TESTIMONY OF WILLIAM G. MOORE. 1629 was willing to ])ay for ? — A. Yes, sir; I thought that was his jiidgment. Q. And he supposed that he was dealing* with a man wlio realized that fact ; otherwise he Avould not have suggested your using your iulla- ence. ^ow, did he not express some astonish inent at this sudden revul- sion? — A. Xo, sir; I have stated, the circunistauces, so tar as I was connected with the papers at all. When he offered me these notes 1 declined to take tiieni, as 1 have stated, lie wanted me to keep half of them, I think it was. As I have stated, I have forgotten the exact amount. My im|)ressiou is that it was 8(). In that 1 may he in error. His proposition then was to go and negotiate tluuu, and he said that when lu' did it he would put half the procecfls to my credit. That was tlie proposition. You are aware of the rest from what 1 have stated. Q. \Vhat did you tell him ? — A. I told him whenever he negotiated those notes, he could do as he said. Q. That he could put half to your credit ! — A. Yes, sir. Q. Well, then, you did not absolutely refuse? — A. When the $10,000 was offered, I did. (). You did not take the notes, but then he said he would go and get them discounted and jnit half the proceeds to your credit ? — A. That was his proposition, to which 1 acceded. Q. You told him he could do as he said? — A, Yes, sir. Q. Then he had no reason to be astonished ? — A. When he offered me to negotiate the SlOjOOO I declined that, and afterward told him I did not wish to have any further connection with the matter. Q. Instead of the notes or the proceeds, did he suggest any other way of remunerating you "? — A. No, sir. Q. Never ? — A. No, sir ; not that I can remember. By the Chair:vian : Q. At the time he was to discount these notes and have them to your credit? — A. He said when he went to New York, expecting to negotiate them there, that he would put the proceeds iu some bank there. Q. And notify you ? — A. Yes, sir. By Mr. Wilson : Q. Do you know whether he put anything to the credit of anybody else ? — A. No, sir. Q. Did you refuse to take a share of that 810,000 because it was not enough ? — \. Not at all, sir. (},. You were willing to take your share of the notes when they were negotiated ; why would you refuse to take your share of the $10,000 ? — A. As I have already stated, I came to the conclusion, on reliection, that it would not be i)ro[)er, considering my relations with Mr. Shepherd, to have any further connection with the matter. By Mr. Bass : Q. Did he deposit any portion of the $10,000 to your credit ? — A. None, sir. 1 think that note was i>aiil here in Washington, and there was no deposit ever made to my credit, nor have I received a (;eut fiom the contract, or any other contract under the board of public works. JJy the Chairman : Q. What about that little note? — A. There was some small note he told me had been paid. I do not know whether he told meat tiic time or afterward. (^ \Nliat did he do with that ?— A. I do not know. 1630 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. He (lid not propose to divide that with you ! — A. i^To, sir. I did not know that this note of $10,000 was paid until he came and told me it was piiid. By Mr. Bass : Q. After he had made this arrangement with Holmes in Chicago, and got rid of his note, did he come back and report in regard to what he had been compelled to do with the notes to realize anything on them ? — A. It nuist have been some considerable time after that that he came to Washington aud told me the disposition he had made of the notes, and I at ouce asked him if he had used my name in any real-estate trans- action, or any transaction about the notes, and I told him I did not wisb. to Q. He told you he had used your name ? — A. He told me he had not. I was a little anxious on that ])oint. Q. What did he esteem the real estate to be worth that he got for the notes "? What did he get for the notes beside f — A. He considered that he had an equivalent for the notes. Q. So?ne real estate and some horses "l — A. I do not know about the horses. What he spoke of was only real estate. Q. Was tlie subject talked over as to how he was to get the money on them ? — A. No, sir. By Mr. Thurman : Q. Do you know who owns that real estate now f — A. No, sir ; I know nothing about it except what I have stated. Q. Was there any corres]>oudence between you and Kirtland ! — A. I think about one or two letters, but they did not refer to the contract that I know of. Q. Have you any letters from him ? — A. No, sir. Those letters were written, 1 suppose, eighteen months ago, probably. Q. Have you any letters from Chittenden '? — A. No, sir. Q. Did neither of them ever give you auy writings at any time ? The Witness. Do you mean any written obligations 'i Mr. Thurman. Yes. A. Only to this extent: Mr. Kirtland gave me a memorandum of^ some of these notes, when he took them away to negotiate them. Q. What was the purport of that memorandum f — A. Simply, that he held notes to a certain amount, the proceeds of which he would deposit to my credit. Q. Have you that memorandum ? — A. No, sir ; I have not. Q. What became of it! — A. I destroyed it, I presume. By Mr. WiLSON : Q. When f — A. I do not know ; but mouths ago. Not recently. By .Air. Thurman : Q. About a mouth ago? — A. O, no, sir; it has been mouths ago. By Mr. Wilson : Q. How many months agof — A. I do not know. Q. About how many"? — A. It is im[)ossil)le to state. A. Was it six mouths ago ? — A. I presume it has been six mouths ; yes. By Mr. Hubbell : Q. Was it after the commencement of the session of Congress? — A. I think it was prior to the commencement of the session of Congress. TESTIMONY OF WILLIAM G. MOORE. 1631 It must have beoii a considerable period prior to the comuieiiccinent of the sessiou of Congress, I think. By Mr. Thurman : Q. When you destroyed that, did you get any other thing ? — A. l^o, sir ; not at all. Q. Did you notify Mr. Kirtland that you had destroyed it ? — A. No, sir. Q. Did you notify anybody else that you had destroyed it 'i — No, sir. Q. Did an>l)tt(ly know that you had it ? — A. Not that I am aware of, exc<'pting- Mr. Kirtland. Q. Wliat induced you to destroy it? — A. I considered it a worthless ]iaper. It was carried in my portembnnaie, and I found it there in look- ing over my papers. Q. Why (lid you consider it worthless ])aper ! — A. Because I had already said to Kirtland that I did not wish to have any further con- uection with the transaction at all. Q. When was it that you said to Kirtland that you did not wish any further connection with the transaction? — A. I think it was after he came back from Chicago ; after this real estate matter. By Mr. Tiiuk^ian : Q. Do you own any real estate in Chicago! — A. Xo, sir. Q. Have you never owned any '? — A. No, sir. Q. Neither directly nor indirectly ? — A. Neither, sir. Q. Who owns the house in Washingtou that Kirtlaud had ? — A. Major Wiles. Q. From whom did he obtain it ? — A. I think he built it. Q. Did he sell it to Kirtland ? — A. That was my understanding, that it was a s'ort of transfer for this Chicago property. Q. You understood that contract was afterward rescinded ? — A. Yes, sir. Q. So as to leave tlie Chicago property with Kirtlaud ? — A. To leave it as it was; yes, sir. Q. To put the parties in .statu quo ? — A. Yes, sir. Q. Do you know of any other real estate that Kirtland has ever i)ur- chased or become interested in here in Washington ? — A. No, sir; there was at one time a scheme ou foot with Kirtlaud and Brown and some- body else to buy some outside property here ; but I do not think they ever ac(piired it. Q. Do you know for whom Ilallet Kilbouru holds that pro[)erty in trust on West Fourteenth street t — A. No, sir. Q. Do you know anybody who is interested in the purchase of prop- erty hehl by him ? — A. No, sir. Q. Do you know of any jmrchase by your firm, or any member of your flriu, of pro[)erty out in the northeastern part of the city '. — A. No, sir. Q. Any on tlie Tiber '? — A. No, sir; Governor Sliepherd owns a row of houses down here ou Pennsylvania avenue and Second street. (^. Yes, bat fiuther up the Tiber t — A. I am not aware of any prop- erty in that direction owned by any members of the firm. By Mr. Ba.SS : Q. In whom did Kirtland take the tith' of this real estate .' — A. 1 do not ];now, • Q, J-)id he take it iu his own name .' Did you ever see the deeds? — 1632 AFFAIRS IN THE DISTRICT OF COLUMBIA. A. Ko. sir ; I never saw any papers in connection with it ; I never un- derstood the transaction, in fact, any more than I have stated here. Q. Do you understand that Mr. Kirtland was insolvent, and that there are judgments against him ? — A. I do not know his pecuniary condition. • Q. Did he say anything about that the other night? — A. JSTo, sir. By Mr. TnuRMAN : Q. What did you understand was Kirtland's business when he was here in 1872 ? — A. I did not understand that he came here on any par- ticular business. Q. He drove fast horses i — A. I think, that after he came back from Chicago he had this team of horses. Q. After he traded off the notes ? — A. Yes, sir. Q. What became of those horses ! — A. I do not know. I did not know they were his until after he left the city. By the Chairman : Q. In yonr interview Avith Kirtland the other day did you refer to these matters at all — yonr connection with them ? — A. ISTo, sir ; it was a very brief interview, and that was hardly mentioned. Q. Did you tell him that you had destroyed that paper ? — A. No, sir. Q. He did not ask you about it ! — A. No, sir ; I was interested to know where he had been and how he had kept out of the way ; and he stated that he first went to Wilcox's and then to the Washington, and then to the Ebbitt, where he had already changed his room twice, I think, he said. By Mr. Bass : Q. Did Kirtland receive any money while he was here this time ? — A. I do not know. He never intimated to me that he wanted any money and never asked for any. Q. You do not know who paid his bills ? — A. No, sir. By Mr. Wilson : Q. Did you drop any money about his room anywhere ? — A. Not a cent, sir. Q, Did he drop any around your store ? — A. Not at all, sir. I never gave him a cent directly or indirectly ; nor did he ask for money, or in- timate that he wanted any. By Mr. Thurman : Q. Did I understand you that it was at your store that Mr. Mattingly told you he was here ! — A. Upon that point 1 am not clear : but 1 think it was at the store. I am not sure on that point, however. By Mr. BASS : Q. Who was Governor Shepherd's other partner? — A. His brother, Thomas M. Shepherd, and his brother-in-law, Dr. William P. Young. Q. Have they been in this firm longer than you"? — A. Thomas M. Shepherd has been in the firm longer than myself. I think J^r. Young and myself entered the firm together. By Mr. Wilson : Q. Has he had any partners since 1871? — A. His brother, Wilraer S. Shepherd, was a partner up to the 1st of March, 1872, I think. I went In on the 1st day of .Vpril, 1872. Q. Was there not somebody else in partnership with him at one time, or in his employ, Avho has since left his employ? — A. No, sir; the origina TESTnrONY OF WILLIAM G. ^lOORE. 1633 firm wns, I tliiiik, J, W, Tliompsoii cK: Co., and INFr. Sliepliord was one of the compaiiv. (). Who was tlie other.' — A. The other oue was AVilliain Thoini)son, a brother of J. W. Thompson. They both drew out, and tlien Alexander K. vShepherd was the tirin ; after that it was Ah^xanih'r II. Shepherd & Brothers; and since the 1st of April. 1872, Alexander 11. Shepherd & Co. By Mr. Thurman : Q. Thompson drew out soon after the war ? — A. Yes, sir ; I think about that time. By Mr. Wilson : Q. Did he not have a man in his em])loy who has since gone into business in this city on his own account '? — A. Not since I have been in the establishment. Q. Do you know any person who has been buying material for the board of public works who w^as formerly in the em[)loy of Governor Shepherd ? — A. No, sir. Q. Has any kind of material been bought for the board of public works through the house of A. R. Shepherd & Co. ? — A. Not that I am aware of By Mr. Hubbell : Q. Have you been doing work for the board of public works ? — A. No, sir. By Mr. Wilson : Q. Who did the gas-fitting for the board of public works ? — A. I do not know'. We have taken no contract whatever under the board of public W'orks. * Q. For any of these school-houses ? — A. I think the old firm had a contract to heat and do the ])lumbing and gas-fitting in the Jefferson school-house. Q. But you had no connection with that l — A. The conti'act was made by the old firm, and 1 think mostly completed by the new firm. That is my im])ression. Q. Do you know who did the plumbing, &c., about the Morrison budding where the board of ])ul)lic works keep their offices I — A. I think our firm did that. Q. ^Vhen was that done ? — A. 1 am unable to name the date, but it must have been, I should think, early in 1871, just after the new Dis- trict government went into oi)eration. Q. Do you know of any controversies about the bills in that case ? — A. No, sir. That was done also under the old firm. Q. You were in the employ of the old firm ? — A. Y'es, sir : but 1 do not renu'mber any controversies about that matter. Q. J)id you buy any material for the board of public work's in your individual capa<;ity ? — A. None whatever, sir. Q. Before you went into partnership with Mr. Shepherd :' — A. No, sir. By Mr. Thurman : (}. ])o you know of any members of the District legislature, either the council or the house of delegates, who have had any interest in con- tracts .' — A. No, sir. liy .Air. Bass: Q. Have you, since this investigation commem-ed, or within a few days, disclosed to Mr. Mattiugly or to the governor what your connec- 103 D T 1634 AFFAIRS IN THE DISTRICT OF COLUMBIA. tiou with the contract mentioued was? — A. I did meution to Governor Shepherd Friday week. Q. A week ago Friday f — A. Yes, sir. Q. Was that the time he asked you about Kirthind? — A. Yes, sir. Q. You told liim all these facts? — A. He asked me what interest I had in Kirtland, if I had any, and I frankly told him what I told this honorable committee. Q. How came he to suspect that you had any interest in Kirtland f — A. I do not know; it was a brief conversation that took place in the store after the close of your investigation for that day. Q. When he asked you what interest you had in Kirtland, what was your answer ? — A. My answer was that this offer had been made in regard to the notes, and that 1 was committed to the arrangement that one-half of the proceeds should be deposited to my credit : but that I had never received a cent from that or any other contract under the District government. By Mr. Thurman. Q. Is this man Wilcox a clerk in one of the Departments ! — A. I be- lieve he is a clerk in the Post-Office Department. By Mr. Hubbell : Q. What did Governor Shepherd say to you when you told him that ? — A. I do not think he said anything, for about that time, if I mistake not, somebody came in, and we separated ; I went to the rear of the store and he went out. By Mr. Bass : Q. There has been nothing said on that subject since ? — A. Xo, sir ; I think not. The committee at this point adjourned. Wednesday, A^ml 29, 1874. The committee met pursuant to adjournment, and, without transact- ing auj' public business, went into secret session. Edward B. Grayson sworn and examined. By the Chairman : Question. Do you know A. B. Kirtland f — Answ^er, Yes, sir. Q. When did you last see him ? — A. About seven or eight days since. Q. Where? — A. I saw him at the Washington House. Q. How long was he there? — A. He was at the Washington House, I think, about a week. Q. Do yon know^ where he is now ? — A. No, sir. Q. Didhe tell you where he was going ? — A. No, sir. Q, How long a time did you spend with him ! — A, 1 think it was a week ago last Tuesday, I was with him probably for an hour, Q. What was he doing there ? — A. He was in his room. He had been sick, and was not particularly engaged. Q. How did you tind out that he was there? — A. When he first came to the city, he came to me and told me that he would be there. Q. Did he tell you whom to call for when you came there ? — A. Yes. Q. Whom did he say ? — A. He registered by his Christian name — " A. Buchanan f that is his middle name. TESTIMONY OF EDWARD B. GRAYSON. 1G35 Q. What was the numl)er of lii.s room there ? — A. Number 47. Q. Did you liud au\ body else there when you went there ? — A. ISTo, sir. Q. Was that tlie otdy time you saw him ? — A. Xo ; I was there several times. The last time I saw him was about a week a.yo ; I think last Tuesday or Wednesday a week. Q. Has he been to your room since that time? — A. No, sir. Q. Did he leave anything for you to do for him here? — A. He sent me a note to get his baggage and keep it until be would see me. Q. Wlien did he send that note? — A. The note came to me, I think, last Monday. Q. ]\ronday of this week ? — A. Yes, sir, I think so. Q. Where was it sent from ? — A. From Georgetown. Q. Where ? — A. Xo particular place ; just simply Georgetown. Q. Who brought the note to you ? — A. It came by mail. It did not say where he would be, or where he was. Q. Did he say anything to you about paying his bills ? — A. Yes, sir. Q. What did he say about that ? — A. lie reipiested me to pay it, which I proceeded to do, out found it a lai-ger amount than I expected, and paid it in part, and said I would call around and pay the balance. Q. Is his baggage still at the Washington House ? — A. Yes, sir, a small quantity of baggage — a carpet-bag. Q. Did he inclose you money to pay the bill ? — A. Yes, sir. Q. How much did he inclose to you ? — A. Twenty dollars. / Q. That was not enough ? — A. No, sir, / By Mr. Bass : ,/ Q. Where is that note? — A. I tore it up. By the Chairman : Q. How was it signed — Kirtland or Buchanan? — A. Simply "A. B." There was fiothiiig in it excei)t that' he wanted to get his baggage. Q. You knew, of course, that he was wanted before this committee ? — A. Yes, i understood so. Q. What did he say to you about that ? — A. Well, he said that he was here and was consulting with his friends, or something of that kind, to know^ what course to pursue. I expected that he would be before the committee. His health has been very bad, and I do not know but that may haAC something to do with it. Q. What friends ? — A. He did not si)ecify any. Q. Did he say that he had concluded to come before the commit- tee? — A. No, sir. Q. Did he say his friends advised him not to ? — A. No, sir. Q. What did you advise him .' — A. I advised him to rei)ort to the committee. Q. Did he tell yon wiiat he would be likely to testify to ? — A. No, sir. Q. Did you know what his business was here two years ago ? — A. Yes, sir; that is, I kiu)w that he was engaged in making application for a contract for this tirm. Q. Did you know who were engaged with him in that work ? — A. Yes, sir; 1 understood that Mr. Chittenden was. Q. Anybody else '' — A. A Mr. Brown. Q. Anybody else ? — A. No, sir ; not that I know of. Q. Di: partieuhuly, sir; lieiieral matters. Q. What seiierariuatters ? — A. Wliatever came to hand to do; claims and other matters of business before the Departments, such as 1 could get hold of. Q. AtteiKlinj:^- to business matt(n-s before the Departments ?— A. Yes, sir. Q. What is the character of that business '?— A. As an agent ; what- ever mijiht come forward. Q. Are yon and Mr. Kirtland interested tooether in any case before the Departments ? — A. No, sir. By the Chairman : Q. What Indian claim was it that Mr. Kirtland liad ?— A. That was a matter that 1 had foriiotteu to mention. He was interested in a move- ment that 1 had made on the part of the Government to show cause why the Government should not pay a certain amount of nH)ney to the Choctaw Indians; that the claim was baseless. It was through Mr. Kirtland's instrumentality that 1 was introduced and made known to the Secretary of the Treasury. Q. Was that claim stoi)i)ed through your intluence? — A. Yes, sir. Q. With Secretary Boutwell ? — A. With Secretary Boutwell. By Mr. Wilson: Q. How did you get your compensation for that ? — A. I never have got any yet. Q. \Vhat arrangement have you for that? — A. There was an under- standing that the Secretary would pay for the information furnished. Q. What were you to be paid ? — A. It was contingent upon the show- ing as to the justice of the claim, and the rate was, 1 think, 10 per cent, upon the amount. Q. What was the amount of the claim ? — A. The claim was for 62,300,000 — upward of that: but the compensation was to be simply on the bond, 8250,000. - Q. How did Mr. Kirtland happen to get into that arrangement ? — A. He had come with a gentleman named Page; it was through him. Q. Who is Page ? — A. Nathaniel Page, a lawyer here in this city. It was through him that he gained access to the Secretary of the Treasury. Q. Was he of the firm of Dent & Page ? — A. Yes, sir. Q. It was in that way that you became interested in it f — A, Yes, sir; through that channel I was brought into contact with the Secretary of the Treasury, and made kno^'u to him the character of that claim, that it was baseless and had no merit. By the Chairman : Q. Y'ou had examined that claim thoroughly, had you ? — A. Yes, sir. Q. And you were of the o[)ini()n that it was a fraudulent claim ? — A. Entirely ; yes, sir. Q. The claim was stopi)ed "i — A. Yes, sir ; the bonds are now suspend- ed. The Solicitor of the Treasury made a report, embracing the entire subject, exhaustively, on the merits of that claim. Q. ]>id you i)repare that ? — A. I did not propose it, but I furnished the data upon wliich it was made, ami it is now before Congress. The report was made to the Forty-second Congress by diivction of the Sec- retary of the Tieasury, and by lh«> Solicitor submitted to him, ami he transmitted tlie reportof Mr. Banlicld to Congress about tlu' (!th of Jan- narv, bs7"J. It shows the whole character of the claim Irom the begiu- 1638 AFFAIRS IN THE DISTRICT OF COLUMBIA. ning to the end; and how it is possible for Conjjress to entertain any proposition to pay any proportion of the claim with the facts stated, I cannot see. By Mr. Wilson : Q. Passing- from that back to the matter which is immediately before the committee, where were you to send Mr. Kirtland's baggage ? — A. I was to keep it until I saw him. Q. Where were you to keep it ? — A. At my room. Q. When was he to see you ? — A. He did not specify any time. He wanted me to keep the baggage until he called for it. Q. Have you denied that you were at the Washington House to pay his bill ? — A. No sir. Q. To nobody ! — A. No, sir. Q. Not even to-day ? — A. No, sir. Q. Did anybody inquire of you in regard to that? — A. No, sir. Q. You have had no conversation with any person on that subject ? — A. Not at all, sir. Q. You say there was nobody at your room last night after the sub- poena was served upon you ? — A. There was not. Q. Whom did you see before the subpoena was served upon you? — A. I was at the office seeing the persons with whom I am engaged in busi- ness. Q. At your room, whom djd you see ? — A. No one, sir. Q. Nobody there? — A. No, sir. I had been up to the city, and I got to my room about 9 o'clock. Q. Did anybody bring you some papers last night? — A. No, sir. I spent the evening mostly with a friend from Arkansas at No. 510 Thir- teenth street, and remained there, and got to my room I think a little after 9 o'clock. Q. Who was that person with whom you spent the evening ? — A. It was Mr. Lanergau, of Fort Smith, Ark. Q. Do you know with whom Mr. Kirtland has been in consultation since he lias been in this city? — A. No, sir; no other that I know of, ex- 1 cept Mr. Wilcox. They have been old friends. He called there to see him. Q. Did you see anybody at Mr. Kirtland's room? — A. No, sir; no one but Mr. Wilcox. I saw him there once. Q. What time did you see Mr. Wilcox tliere ? — A. Probably some ten or twelve days ago. By the Chairman : Q. Did you see him there last Sunday a week ? — A. No, sir ; not on Sunday. Q. Were you there last Sunday a week? — A. I think very likely I was ; I do not recollect. Q. Were you there on Monday week ; was it Monday week that you saw Wilcox there? — A. I think possibly; I cannot recollect exactly the time; it was some ten or twelve days ago. I only saw him. there once. I called to see him (Mr. Kirtland) very frequently ; he is my son- in-law. By Mr. Wilson : Q. Have you had any interest in contracts in this city ? — A. Not one, sir. Q. Have you assisted anybody in procuring any ? — A. No, sir. Q. Directly or indirectly ? — A. Not directly or indirectly. TESTIMONY OF EDWARD 1^. GRAYSON. 1G39 Q. Are you now unable to ^ive this committee any idea as to where 'Sh: Kiithind can be found? — A. I cannot do it, sir ; I have no idea wliere he is. I do not think he is in the District. 1 tliink hemusthave left before this. Q. Now, sir, I desire that you shall state to this committee, withhold- in<4' nothiu"', all you know in regard to Mr. Kirtlanject. — A. Ti)at he did not want to Q. I'lease answer the question I put to you. I want to know whether you had any conversation with him on that subject. — A. I have no recol- lection of any ; only so far as that he did not want to api)ear before the committee until he consulted with a lawyer. (^. AVliat hiwy(u- was lie going to consult? — A. I do not know. [ think he had an id<>a tlnit inasmuch as Mr. Chittenden was consulting Mr. Storrs, he had the idea of seeing Mr. Storrs. Q. Did he not tell you that he was going to consult with Mr. Storrs ? — A. I think he did say something of that sort. Q. Did he not tell you that lie was going to consult with Mr. Storrs? — A. No, sir, he did not say that he was going to do so: but lie .said that 1640 AFFAIRS IN THE DISTRICT OF COLUMBIA. lie was — that be had entertained an idea of seeing a lawyer, and that Storrs had been engaged by Chittenden. Q. Did he not say that as Mr. Storrs had been engaged by Mr. (Chit- tenden, he would <;onsult with Mr. Storrs also? — A. That he might do so; but he made no — he inl'ornu'd nje of no determination. Q. What was he going to consult with Mr. Storrs aboutf — A. J douot know, sir ; probably the same motive that Mr. Chittenden had in con- sulting with Mr. Storrs. Q. Do you know whether he w^as at any other hotel in this city? — A. No, sir. Q. Hav^e you any information upon that subject? — No, sir; none at all. , Q. None whatever? — A. None whatever, sir. Q. What day did he get to Washington? — A. I think he must have got here the 14th or 15th or 16th of the month; the 15th or 16th, I think. Q. Do you know where he was in Georgetown? — A. No, sir; he simply dated his note in Georgetown, and there was no place specilied. Q. Where is his wife now I — A. She is on the farm near the village of Greenbush, near Albany, N. Y. The farm is about a mile and a quarter from the capitol of the State. She is there with the children. Q. And you are entirely unable now to give the committee any in- formation as to where Mr. Kirtland can be found? — A. 1 am, sir, en- tirely. Q. You yourself would not know where to go to find him ?— A. I would not, sir. By the Chairman : Q. Have you not some impression that he is in Georgetown, inasmuch as. you got that note from there? — A. He may be there. That is the only reason I have to think so ; but I do not know. If he is there, where he is. Q. What day was it that you got that note? — A. I got it, I think I said, last Thursday or Friday, a week ago. By Mr. Wilson : Q. When did you go and pay his bill? — A. I was indisposed, and I did not go to the office on Saturday. 1 recollect, now, the note came to me Saturday morning, but I was not there. I was sick that day, and I did not get it till the Monday morning following, I should have got it on the 24th, I recollect. I recollect now that it was written from George- town on the -!3d, and I should have received it on the 24th, but I was. sick on the 24th, it being— Saturday was the 25th. It was written on the 24tlj, in Georgetown. I should have received it, if 1 had been at the office, (as n>y letters are put on my — 4, 569. 75. CniCAGO, Juhj 1, 1872. For valiU! received, three inoutlis after date wo promise to pay to the order of our- selves four thousand live hundred dolhus, at , with interest at the rate of six per cent, per annum. Due Oct. 1-4, lf^72. DioGOLYER & McCLELLAND. Indorsed on hack : Pay Geo. F. Baker, esq.. Cash., or order. .J. H. Holmes. (Canceled.) jAMAitv -Jl, 1'574.— Paid liftecn hundred twenty-four .and i^^ dollars. SI,524.i^J^j-. DkGOLYER & McCLELLAND. Internal-rev(.'nne stamps, cauceled. Indorsed (on face:) Protested forTnon-pa.N nient, Oct., 1872. R. Ileber Lebagh. Sfam2)ed — Mannfiictnrers' National 15anU, Chicaj^o, Oct. 4,1872. 1642 AFFAIRS IN THE DISTRICT OF COLUMBIA, $10,000, 205— 13!10,205. Chicago, JtiJi/ 1, 1872. For value received four mouths after date we promise to pay to tbe order of our- cselves teu tbousaud dollars, at , with interest at the rate of six per ceut. per auuum. degolyer & McClelland. Due November 1 — 4, 1872. Indorsed: DeGolyer tfc McClelland. Internal-revenue stamps canceled. Pay Geo. F. Baker, esq., Cash., or order. J. V. Holmes. Canceled. $10,000.00, 461.66—10,461.66. Chicago, July 1872. For value received, nine months after date we promise to pay to the order of our- selves ten thousand dollars, at , with interest at the rate of sis per cent, per annum. Due April 1-4, 1873. degolyer & McClelland. Indorsed: DeGolyer & McClelland. (Canceled: J.A.Holmes. Canceled: Pay J. A. Holmes, or order. For collection for the Chatham National Bank of New York. Geo. M. Hard, Cashier.) Pay H. C. Swain, casb'r or order. W. D. Buchanan, Vice President. Revenue-stamps canceled. $10,000, 461.66—10,461.66. Chicago, Jiihf 1, 1872. For value received, nine mouths after date we promise to pay to tbe order of our- selves ten thousand dollars, at with interest at the rate of six per cent, per an- num'. Degolyer & McClelland. Due April 1-4, 1873. Indorsed : De Golyer & McClelland. Pay H. C. Swain, cashier, or order, for account of Manufacturers' National Bank of Chicago. Canceled: J. A. Holmes, cashier. W. D. Buchanan, Vice-President. [U. S. revenue-stamps canceled.] $10,510.33. Chicago, December 14, 1872. For value received, on the fifth day of May, 1873, after date we promise to pay to the order of ourselves ten thousand five hundred and ten dollars and thirty-three cents at , with interest at the rate of sis per cent, per annum, after due. Due . degolyer & McClelland. Indorsed, DeGolyer & McClelland. Q. When did you see the remainder of the notes ? — A. I think it must have been about the first of October, 1872. It may have beeu in Sejitember. Q. In September or Octobi'r you saw the remaining three notes? — A. Yes, sir, and several others. One of these notes I did not see, because it was not made until December 14th, but two of them, and two or three other notes which have been canceled and given up, I saw in Sep- tember or October, I should say, because I see tliey Avere discounted at the bank October 15 and 19, and I had possession of them iierson- ally for some time before that, myself. Q. Do you mean possession of them, or were you the owner of them ? — A. I owned them. Q. Before"? — A. Yes, sir. Q. When did you first own them? — A. From this entry is all I judge. By that it was in September or October that I bought them from Mr. Kirtland. Q. What amount did you purchase of him ? — A. T bought at that time $55,000. Q. Where was that transaction ? — A. That was in Chicago. TESTIMONY OF IKA HOLMES. 1643 Q. Describe the notes tliat von bonjilit of liim at that time. — A. "Due April 4th, IST.'i .$10,461. 0(5;" tiiat was slO,()0() and interest. " Due November 4th, 187L\ 810,210.^' '- Due December 4th, eiO,L'r)l».9<)." "Due J)ecember 4th, 810,251).<)()." "Due April 1st, $10,401. «(>;" and cue of $5,000, due February 17th. Q. That was live notes of $1(^,000 each ?— A. Five notes of $10,000 each and one note of $5,000. I want to say here that I bonjifht one $10,000-note, and then subsequently bought the $45,000 several days afterward. Q. WJu^n did you buy that $10,000-note?— A. It was, I should judge, in fSei)tember, or the 1st of October. I can give you those figures ex- actly, because deeds and papers that I passed at that time will show the exact dates. Q. Have you those deeds and i)apers with you? — A. I have not ; they are matters of record, though, at Chicago, and I can give you the exact dates. Q. Of whom did you purchase that $10,000 note ?— A. Mr. A. B. Kirtland. Q. Where ? — A. In Chicago. Q. What did you pay hiiu for it ? — A. A house and lot on Michigan aveime, near Twenty-fifth street, subject to a $(5,000 incumbrance. Q. Did vou make him a deed for the lot ? — A. I did, to his wife. Q. To Mrs. A. B. Kirtland ?— A. Yes, sir. I had a contract for the house and lot coming from Brian & Philpot. I had not the deed of it, and when 1 made this trade Mr. Plnl[)ot deeded the property directly to A. B. Kirtland's wife. Q. xind that satisfied the$10,000-note ?— A. That satisfied the $10,000- note. Q. Then you subsequently, a week afterward, or within a few days afterward, purchased $45,000 worth ? — A. Yes, sir. Q. What did you pay him for the $45,000 worth !— A. $5,000 iii cash, $5,000 in five or ten days, $5,000 m ten or fifteen days, making $15,000 in cash, and 300 feet of land on the corner of Forty-second street and Wabash avenue, subject to an incumbrance of $15,500. Q. You paid him, in cash, $15,000 ? — A. Yes, sir; I represented that proi)erty as having only $15,000 incumbrance upon it, and I was to give him $15,000 in cash. I ascertained, when I came to look at my papers, that there was $15,500 incuml)rance, but 1 paid him the $500 that 1 had niisrei)resented, so that I paid liim $15,500 in cash. Q. Then you paid him, in all, in cash, $1L',000 and $15,500 ? — A. Yes, sir. Q. And you exchanged with him what ? — A. Three hundred feet, fronting on the corner of Wabash a\'enue and Forty-second street, the southeast corner, with an incumbrance of $15,500. Q. Did you make him a deed for that ! — A. I either deeded it direct to him or to his wife, I cannot tell which. Q. You had the title ?— A. I ha:ht. and told ine to buy it. I said, '•' Bob, you on,Qht to have .yiven me some hint in re,i>ard to this ; you know very well I should not have touched this paper and paid money out on it if I had supposed there was anything- wrou';-.''' " Well," he says, "you did have some notice before you bought this last •$4."),()()0." I said, " Not at all; I knew that this man was scared evidently, and that 1 was nuUcing a good trade out of him ; but I believed the i)apei" was all right from wJuit you told me. I believed it was evidently tlie sanu' [)aper, and whatever the transaction was I believed it was all given in the same transaction. I thought I had a chauce to make a good trade with him and did make it." There was 820,000 of this paper coming due in November that I had ou hand, and before it came due I thought I will get that in good shape, so that there will be no controversy about that. 1 sent my cashier over to the Cook County National Bauk, and he said to Mr. Spencer that a gentlenmn had brought in some notes for sale ; " I want you to buy them. Ira said it was all right." I sent an outside uian there with the notes, and he gave him a check for .$10,500. When they became due, he pressed their paynuMit very strongly, and he tinally re- newed them. He renewed one with him and they came to mv bank, and 1 loaned them slO,0()0. That got away !^i:o,OOO^vs I supi)osed, without their having' a chance to tight me. When these others came due I had possession of tiiem, and I made u[) my mind I would do nothing except try to get possession of them as fast as I could. After they declined to pay them, he said if we go on with the contract we will pay these as fast as we lay any i)avement, and we won't any faster. They got in a tight place and had to pay 810,000 here for repairs of their last work, and in consideration of their renewing 815,000, after Jenkins came in, with Jenkins and McClelland on it, taking up and cancelijig theold jiajjcr entirely, 1 loaned them 815,000 iu money on Jeidcins and ^IcClelland's paper, guaranteed by K. K. Jones, a brother-in-law of Mr. Jenkins. In that way I got 815,000 of my money back. Then, when it came this fall — my attorneys had said to me, " You can collect every dollar of this ])aper if these meu are good." I had explained the wlu)h; transac- tion to tliem. I said, " I do not believe l)eCol.\er and McClelland are good. I know they have lost 850,000 or 800,000 iu Washington, and are head over heels in debt here in Chicago. I do not believe I would get enough out of them to pay me for raising the stink that this anu)uut of i)ai)er in my hands would occasion. I would rather run along and get what I could out of them." I got 815,000 out of it, and when they came I)ack here in January, I made a proposition to them to buy them out, and take their lumber and machinery here, if they would settle with their own partners, Hay and Whitney, and allow 815,500 on tlie notes; that I would give them 810,000 in cash; 85,000 in four months; 85,000 in eigld months; 85,000 in twelve montlis'; making 8-5,000, pro- vided they settled with Hay and Wliilney, allowing 81-, 5^*" <»'' voncdiers to be api)lied on notes of DeColyer aiul JMcClelland. That proposition they accepted substantially, ex(;ept that I was to take u[) some other notes instead of giving my own, which 1 provided to do. That is the liistory, substantially, ot the whole transaction. I have got 8-57,500, of which I have got my money back out of the notes. That is all I liave got, and that is what I have been working to get. Q. That is, you got the cash advanced? — A. I got the 815,000 and 812,500, ane ago? — A. O, I guess that is a New York Holmes; he was interested in some paving here some tiuie ago ; he is no relation of mine. Q. Have you had any interest in [)aving-contracts here ? — A. Not at all. Q. Did you see Governor Shepherd when he was in Chicago last year? — A. No, sir; I never met him until to-tlay ; I never knew him by sight. Q. Did you ever hear of Colonel Moore ? — A. I have a letter of intro- duction to William G. Moore; I never met him or saw him. Q. From whom ? — A. From Governor Shepherd's brother. I have also a letter to Governor Shepherd that I have not yet i)resented, from his brother in Chicago. 1 met him Sunday and asked him to bring me some letters, and he brought me these two on Monday. By Mr. Hamilton : Q. Did you ever get a letter from William G. Moore ? — A. No, sii- ; not that I know of. Let me maicea statement now. I understand very readily you want to ascertain if I had any means of knowing what Kirtland did with this money. ]\[r. Hamilton. Yes, sir ; that is what we want. Tlie Witness. Well, sir; now I say to you frankly and honestly, that while 1 had interview after interview with this man, and was on very tViendly terms with him — he stopped at my house, and I treated hiui ele- gantly — and 1 have seen him when he has had a glass too much, and I am satisfied that if he would have told anybody in the world he would have told me; yet I never received the slightest intimation where this money went to, or but what it all belonged to him; and I judge that either he did not give it up to the parties that he })romised, or else he never nnide any such prouiise ; 1 do not believe a dollar of it ever went to anybody else; there may have been some pledge somewhere else pos- sibly, but I do not believe he ever gave a dollar up ; I think he took and " gobbled" the whole thing. Q. Did you not turn him out a span of horses? — A. I sold him a span of horses after I had made the payment in cash which he paid me. I sold the horses, carriage, harness, for 8'5,000. Q. What , and then they had to sell some of their certificates at GO or 70 cents, but not a uieat many of them. By Mr. Hamilton : Q. You assume that at par .' — A. Ves, sir ; assuming that at par, they did not make much money. I can send you the exact figures. By the Chairman : Q. Did they use your lumber! — A. Xo, sir; Kay & Whitney Avent in and took a tliird iiiteres<:. NomiiuUly, they were the nn-n, but 1 fur- nished the money for them to go in. 1 was to have a third or a half of the profits. By Mr. Wllson : Q. Have you any arrangement by viitue of which you can lay down any pavement here now ? — A. Only whatever ligiits 1 have under the assignment of Jenkins »Jt McClelland of the ohl contract. Mr. Kay, my partut-r, and the man upon whom 1 rely as a practical |)avcr, said tome, " 1 do not think tiiat old award is good for anything, but 1 tell you we can do good work and get fair i)rices, whether under the i)resent or any new administration. We have the machinery and lumber, and can get all the work we want. You can get out whole on your paper." On that rei)ort I said, "1 will just buy this interest." Q. But you have no arrangement now to put down any of tliis wood that you have here? — A. Xo, sir; not at all, except under that old 2<)(),()()0 square yards. Q. In what coiulition is this lumber here? — A. It is lying on the docks, as 1 understand, and on rafts. Q. It is not in blocks? — A. No, sir. Q. It is lumber ready to be cut up and prci>ared tor paving? — A. Yes, sir; I have never seen it. By Mr.* Bass: Q. Have yon the original award ? — A. No, sir ; I have not. I never have had it. Acting under Mr. Kay's suggestion, I did not think myself that it was of any importance. The committiH' at this iK)int resumed its ])ublic session, but immedi- ately adjourned to lU o'clock a. m. to-morrow, April 30. TiTUKSDAY, April 30, 1874. The committee met, pursuant to adjournment, and took the following testimony in secret session : Testimony of Davy' Willis, bell-boy at the Washiiigton House. The Witness. I carried a note up to Mr. Shei)herd's store at the cor- ner of Ninth street and the avenue. By the Chairman : Q. Where from ? — A. From the Washington House. Q. From whom? Who gave it to you .' — A. It came out of number 47. Q. Did you see the num .' — A. Ves, sir. 1652 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What sort of a looking man was lie! — A. A curly-headed sort of man, tall, slim. Q. Whom did you deliver it to, do you remember, and whom it was for? — A. No, sir; I do not know who it was for. Q. You do not remember the man's name! — A. No, sir; his name was on the back of the note which I handed to one of the genth^men in the store, and he told me he was not in and would give it to him when he came in. I waited, and he came in and read it, and he told me to go back and say it was all right. Q. What sort of a looking man was it that read the note? — A. Tall and slim, and had a little mustache here, [indicating.] Q. Little whiskers on his chin 1 — A. Yes, sir. Q. Had he any mustache over his lip, do you remember ? — A. No, sir; I don't remember, Q. How old are 3'ou 1 — A. 1 am going on thirteen. By Mr. Hamilton : Q. Do you knoAv Colonel Moore! — A. No, sir. Q. Describe the kind of man who gave you the note. Describe his whiskers.— A. I can't recollect that, sir. Q. How long was he in No. 47 f — A. He was there about a week, I think it was. Q. Where did he take his meals ? — A. I do not know, sir. He had his meals brought to his room. Q. Did you hear his name ? — A. No, sir. Q. Had he long whiskers or thin ? — A. They came right out so, [indi- cating side-whiskers ;j they were along down the side. Q. When was this? — A. This has been mighty near a week. Q. Is it not more than a week ago ? — A. Yes, sir; 1 reckon it is about a week now. Friday, May 1. Jerome J. Hind sworn. By Mr. Wilson : Q. Where do you reside! — A. Decatur, Alabama. Q. How long have you lived there! — A. 8ince '(55. Q. How long have you been in the city of Washington! Witness. Do you mean since 1 have been here this last time, or in coming to Washington! How do 1 understand the question! Mr. Wilson. In coming to Washington. — A. I have been visiting Washington off and on ever since iSeptembcr, ]6iH). Q. How long have you been here this last time! — A. I arrived here some time in the latter part ot Decemher, J think about the lUth or 2l)th. I cannot remember positively as to the date. Q. When before that time were you lune ! — A. I have been here off and on at various times. 1 was lu-re off and on during the summer and during the spring. 1 came — I got here on the 19th, 1 believe, of Feb- ruary, 1873, and remained here some three months. I was here until, 1 believe, 1 was off again a few da.NS in June, and then returned, went west up in the mountains, and was gone until September, and thfu I returned here again. 1 was here a few days and went home, and then retnriipd in December. Q. Were you here during the year 1872 at any time! — A. I'es, sir; I don't reme:nber exactly without my diary. TESTIMONY OF JEROME .). HIND. 1653 Q. What is yonr business in Wasliin^ton ? — A. ]Mail-contractor. Q. In what branch of the mail-scix ice ? — A. Cairyin,!;' mails from varions paits of the South — Mississippi and Alabama. Q. I>y what mode ot conveyance? — A. Varions modes. \Yhat is termed pack-mules or horses, steam, ami by staj^e. Q. llaNcyou been in any way interested in contracts with the board of public works in this city ? — A. No, sir ; T luive not. Q. Either directl\ or indirectly? — A, No, sir; no way under the heavens. Q. Have you represented anybody else with contiacts, as contractor with the board of public works? — A. No, sir. Q. No person at all ? — A. No, sir; never represented anybody at all. If you will allow me — I don't know what your idea is in putting these (luestions — if yon will allow me, I will (pialify that in this way. If you ask me if I ever api)lied for a contra«.;t, 1 answer I did, but I never got it. 1 represented myself, and nobody else in that. Q. You applied for a contra(;t ; when did you do that f — A. It was iu Ai)ril, a year ago; the latter part of Ajuil, 1 put my first application in. Q. What kind of a contract did you api)ly for ? — A. When I made my ap]>hcation, it was for what is known as the Scharft pavement here. The work was to be done, as I supposed, on F street. When I made the application, I didn't make any formal application ; I didn't make any written api)lication. Q. To whom did you make your application ? — A. To Mr. Shepherd. Q. Who was interested with you in that ap[)licatiou '! — A. In that application, parties that were to assist me in it — one gentleman only — ]\Ir. Abrams. He was the prime mover in that i)articular contract, or attempt to get a contract, rather. Q. To whom did you make your application "? — A. To Mr. Shepherd. Q. Yon made no formal written application ? — A. No, sir, I was ad- vised by Mr. Abrams that such a contract would be let, and to see Mr. Shepherd. He thought 1 could get it, and he wanted to do the work. (.). Do you kmnv whether Mr. Abrams had been a contractor under the board of public works? — A. I don't; I know he did work for the board ; whether he did it directly for the board, or somebody else, I don't know. I have heard him speak of Mr. Evans. Q. Had he done much work for the board of public works ? — A. I don't know that ; he did not tell me ; I never asked him. Q. Do you know Mr. Wilcox f — A. 1 do. Q. Were you interested in any way in any contract ? — A. W^hen I was trying to get this contract — for this pavement known as the Schartf pavement — for F street, I met Mr. Wilcox one day. Some one had told him I was trying to get this contract, and he said to me that if 1 would abandon my efforts in that direction to get a contract, that there could be a contract got in which he would interest me, and I wouhl make as mn(;h money as out of the contract I was trying to get. if. Mr. Wilcox told you that ? — A. Yes, sir. (}. What was that (;oiitiact ? — A. It was a wood contract, as I un- derstood it at the time, but alferwanl it turned out to be what is kiunvn as lielgian stone, I believe, or was to be. i). Who were the ])arties? — A. O'Connor iv: Siianley. There was a third party, but I don't re(;()llect his name. Q. Yon don't know who the third man was .' — A. I forget his name ; it seems to me I shonhl recolle(;t his name if I should hear it called, but I do not recollect the name now. 1654 AFFAIRS IN THE DLSTKICT OF COLUMBIA. Q. Where does be live? — A. I think they all live iu Jersey City. That is my recollection. That is the representation made to me. Q. Was that contract awarded? — A. There was a contract for 35,000 or 40,000 yards oF wood and stone awarded to Messrs. O'Conner and Shanley. By the way, I think the other gentleman's name is Sullivan. I will not be positive about that, but, at any rate, either 35,000 or 40,000 yards is my recollection of the contract aAvarded. Q. Tell us all you know about it. — A. That is all that I do know about it. The contract was awarded. They never came forward to execute the contract, and it was annulled, as far as I know. I really do not know, however, whether it was annulled or not. Q. What interest were you to have in it ? — A. I was to carry out the contract according to agreement, and get 20 per cent, of the gross amount if the contract had been carried out. Q. Did you ever see the award of the contract ? — A. 1 did. Q. Where did you get it? — A. It was sent to me, to my room. Q. Who sent it to you '? — A. The board of public works. Q. Who brought it to you ? — A. I don't know ; I found it on my table when I got home one evening. Q. How did they happen to send it to you 1 — A. At the request of the parties obtaining the contract. Q. Were you known to the board of public M'orks as being a party interested in getting the contract? — A. I cannot say that 1 was. I don't know whether I was or not. I never said anything to them. If I was I am not aware of it. Q. What did you do with the award ? — A. I sent it to ]\Iessrs. O'Con- ner & Shanley. Now, let me study a minute ; perhaps I am a little hasty there. Yes, it was sent there, and returned as not being — it was not such a contract as they wanted. It was sent, and returned to the board of public works. That is my recollection now. Just at that time 1 was called away, right in this intermediate time, and was gone two weeks, and while they had it ; and when 1 came back I was told Messrs. O'Conner «S: Shanley would not accept that contract or have anj thing to do with it. I thiidv it was returned to them through the until. That is my recollection. Q. Do you know how Messrs. O'Conner «& Shanley hap])ened to make an application for a contract? — A. I do not. Q. Do you know whether they ever did make application themselves ? — A. I never saw it. Yes, they did ; I am too hasty there ; they did make an application. They were furnished by some of the board of public works with a blank form. I saw the blank form. I did not see it tilled lip, but from the wording of the contract they must have tiled their ai)plication. My recollection is thatit spokeof receiving their application, and that they would give them a contract for so many thousand yards, the streets to be desigiuited at a future day. There was no street designated at all. They must have made their ai)plication. They got blanks. The only time 1 ever saw jNIr. O'Conner, he had the blanks. Q. Where did you tirst get acciuainted with these parties, O'Conner and Shanley ? — A. I met them at the Ebbitt House. Q. Who introduced you to them? — A. JMr. Js^irtland. Q. Where did you first become acquainted with Mr. Kirtland ? — A. At Willard's Hotel, a few days before that. Q. How did you happen to get acquainted with him ? — A. Through Mr. Wilcox. Q. What occurred between you and ^Ir. Kirtland at Willard's Hotel ? — A. I was only introduced to him as a i)arty who had been try- TESTIMOXV OF .lEKOME J. HIN]». 1G55 iu^ to set a contract bero, and Mr. Wilcox said to Mr. Kirtland that he had sugocstcil to nie to abandon my efforts, and k't Mr. O'Conner & Shanley set a contract, in which they coahl atlbid to j^ive nie 20 per cent oftlie .eross anionnt. Q. Was ]Mr. Kirthmd seekin-;- to f^et this contract for O'Conner & Shanley ? — A. That was my nnderstanding-. I never lieard him say so, but that is tbe inference jiiven to me. Q. Vou were boardin.u' at tlie Kl)bitt House? — A. No, sir. Q. How did yon liappen to meet Mr. Kirtland at the Ebbitt House? — A. Throujih .Air. AVilcox. Q. Was tliere an arrangement for tln^se ])arties to meet there to- gether ? — A. Yes, sir. I went with ^Ir. Wilcox there to meet Messrs. O'Conner c^ Shanley, to see them, to see if they would agree to the proposition submitted to me by Mr. Wilcox. Q. What were yon to do in the procurement of tiiis contract ; you were to get 20 i)er cent., you say? — A. Yes, sir. Q. What were you to do ? — A. I was to furnish a certain amount of money. Q. Money to whom ? — A. To help to carry out the contract to do the first work. Q. To O'Conner & Shanley ?— A. Yes, sir. Q. These men were strangers to you t — A. Yes, sir. Q. Were you to be known in that contract? — A. No, sir. Q. Was it the understanding that you were not to be known ? — A. There was nothing said about that, whether I should or should not. There was no understanding about it. It was immaterial to me. They wanted the contract in their name ; I was to assist in putting the work on the streets, and then I was to have ii certain interest in the contract, and so much of the profits were to accrue to me. Q. How much money were you to furnisn 'i — A. Five thousand dollars — the amount si)ecified at the time. Q. How much ])avemeiit were you to ])ut down ? — A. Under the Jtgreement, where I was to furnish the -*5,0()0, it was understood that the contract which was to be awarded would be about l.")(),0()0 square yards. Q. You M'cre to get 20 per cent, of the profits ? — A. Yes, sir : b put- ting in this amount of money. Q. What did you do for the jmrpose of securing this contract? — A I did nothing more than I have told you. Q. Did you make use ot any means to get the contract ? — A. No, sir; not a dollar. Q. Did you see any of the board of jniblic works? — A. Only Governor Shepherd. He is the only member of the board of public works that I know or ever knew. I don't know the rest even by sight, unless Mr. Magruder is a member of the board. I don't know what his relation are. I know him. Q. Is that the only contract you ever had anything to do with in the city here? — A. Yes, sir. Q. In any manner, shape, or form ? — A. Yes, sir; and the only effort I ever made. Q. Dir<'ctly or indirectly ? — A. Yes, sir; directly or indiicctly. Q. Did you re(;cive at any tinu^ any money from any person on account of any contract '. — A. Not a dollar. Q. Did any money ever pass through your hanplied for was a much smaller amount than theirs, and put it all together, and that what little means I had I would take and put in with them, and then the proposition which they made and which I have stated Q. That you stated to Governor Shepherd ? — A. Yes, sir. I told him that I would withdraw my proposition for the Scharf pavement or any efforts to get it any further. I had never been promised any Scharf pavement contract, though I thought I had a prospect of obtaining it at the time. Whether I really had or not I am not able to answer. I was led to believe I could get it, Q. What interest had Mr. Wilcox in this matter? — A. He had a simi- lar interest, as far as I know, with myself. How Mr. Wilcox was inter- ested exactly 1 don't know, I cannot say positively, but my understand- ing was that he had a similar interest with me. That was the impres- sion. Q. How was he to get your 20 per cent, and who was to pay you that ? — A. I was to get it through the board of works, of Mr. O'Conner and Shanley. as they were paid, Q. Did you have a written agreement with anybody? — A, Never any agreement entered into, Q. Did you make any agreement with Mr. Kirtland ? — A. I never spoke to Mr. Kirtland directly on the subject in my life. Q. Why did you and Mr, Wilcox and Kirtland meet at the Ebbitt House? — A, I arranged with Mr, Wilcox to meet there, and meet Mr, O'Connor & Shanley, They were represented to nie as being practi- cal men, wanting this large contract, and by several interests coming together that a large contract would be awarded of more profit to us all than to get several small contracts. That is the representation made to me. Q. Do you know what interest Mr. Kirtland was to have ? — A. I do not. Q. Do you know Mr. Moore, of this city ? — A. I do not, Q. Did you ever see him in relation to this contract ? — A. I don't know the gentleman, and would not know him if he were to come in here, I never spoke to anybody but Mr. Shepherd about the contract, Q, How many times ? — A. I say I never spoke to anybody but Mr. Shepherd — let me see ; I will call the name in a moment. It seems to me one of Mr, Shei)heid's secretaries — I don't remember the name now — I met him one day, and I asked him to please ask Governor Shepherd to decide what he was going to do in the matter, and let me know, as I was a little impatient, and other matters were annoying me, and I was anxious to know what he was going to do about it, 1 disremember the gentleman's name, but he used to be in Governor Shepherd's room, I never met him but a time or two. I saw him in there one day, but I met him on the street in front of Mr. Shepherd's business-house. I asked him if he would be kind enough to speak to Mr. Shepherd. I think I handed him a note for Mr. Shepherd, asking him the same question. Q. Did you ever carry any letters to Governor Shepherd from any person ? — A. Yes, sir. From a senatorial friend. Q. You gave it to Governor Shepherd ? — A. Yes, sir. That was my TESTIMONY OF THOMAS M. PLOWMAN. 1657 lii'st introduction ; it wns simply telling him who I was — ijnst intioducinji; me ; that Avas all, Q. You didn't get that contract .' — A. The letter was to the effect that if I got th«^ contract 1 would carry it out. That is what my business reputation was. It was sini[»ly a letter of introduction, and uothing more. Q. Did you never in any way aid anybody else in getting contracts ';? — A. No, sir. Q. Do you know of anybody else who was to i)articii)ate in the profits of this O'Connor c^ Shanley (contract except y(>urself? — A. iMyseU'and 'Sir. Wilcox, and I suppose Mr. Kirthiud. 1 don't know what it was about, but only ]\Ir. Wilcox Q. Did you have any written agreement with anybody else in regard to this ' — A. No, sir. Never put pen on pai)er in regard to it outside of the note I spoke about that I sent to (xovernor Shej)herd. However, the letter of the Senator that 1 spoke of w-as not in reference to any par- ticular contract. It was simply a letter introducing me, and telling Clovernor Sh«'pherd that if he saw proper to award me any contracts of any nature that he could rely upon my carrying out the contract. Q. Do you know a man by the name of ilnssey 1 — A. 1 know him — that is about all. I didn't know him. Q. Do you know anything in regard to his procuring any contracts? — A. I do not. 1 have heard it said that he had contracts, but how he got them, or what amount, I don't know. Q. You say you were togetliO per cent, of the profits. Had you made any figures to show what the profits would be per square yard ou this pavement ? — A. I had the figures of those gentlemen. I was inex- perienced. I had sonu^ other gentlemen who claimed to be practical men. I don't km)w whether they were or not, but I was led by them to believe that I could nuike 82,000 or 83,000 in the course of two or three months, and while I was here detained on other business I thought I would make the investment. It was no great amount, I know very well^ that [ was supposed to get. M(JNDAY, 2Iai/ 4, ISTJr, 10 a. m. The committee met pursuant to adjournment. The chairman notilied ]\Ir. George H. (Miittcnden that he would not be examined until to nu)rrow, when his attendance would be requirepointe(l by the board of i>ublic works to assess damages done to property by the board ! — Answer. I was, sir. 1658 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Who composed the commission ? — A. Mr. Moi'sell, J. T. Collins, W. B. Bell, and myself. Q. Do you remember whether that commission were instructed to in- quire into the matter of the controversy between D. A. Connelly and the board of public works, as to the allowance for the grading of Massa- chusetts avenue ? — A. This is a copy of a letter that I have, as follows : Board of Public Works, District of Columbia, Washington, November 20, 1873. S. T. G. MoKSELL, Esq., City : Sir: The commission, of wbich you are chairman, are requested to sit as a jury in the matter of a controversy between D. A. Connelly and the board of public works, as to the allowance which should be made said Connelly for grading Massachusetts ave- nue ; to hear and consider such evidence as may be presented, and to determine as to the amount of award which should be made. You will meet at the vice-president's office on Saturday, the 23d instant, at 12 o'clock m. Bv order of the board. CHAELES S. JOHNSON, Secretary. Q, Did the commission act under those instructions ? — A. They did, sir. Q. What did they do ? — A. We met at the vice-president's room, and the parties to this controversy were present. The testimony was taken from all parties that were supposed to know anything upon the subject. Q. Was the contractor represented? — A. The contractor was repre- sented, and the District government was represented. Q. Who represented the District government ? — A. Mr. Arthur Shep- herd, I think. Perhaps there was somebody else, but 1 do not now re- member whether there was or not; but I think Mr. Shepherd was there. Q. Was Mr. Cluss present? — A. He was. He represented the board. Q. I asked you who represented the District government ? — A. Mr. Cluss. Q Mr. Cluss represented the District government! — A. Yes, sir. Q. Whom did Mr. Arthur Shepherd represent, if he was there ?— A. The contractor. By Mr. Merrick : Q. Mr. Arthur Shepherd represented the contractor? — A. Yes, sir. By Mr. Stanton : Q. If he was there ? — A. I think there were two parties representing the contractor, and Mr. Arthur Shepherd was one. Q. Was testimony taken on the subject ? — A. Yes, sir. Q. Did the commission make an award? — A. They did, sir. Q. And tiled it with the board?— A. Yes, sir. Mr. Stanton. We will put the award in evidence as soon as it can be obtained. Mr. Wilson.* We would be glad to have you bring all the other papers. (To the witness.) Q. Was the evidence taken down ? — A. Yes, sir. Mr. Christy. The chairman will remember that we suggested here- tofore that the papers relating to this matter of the award be given. Mr. Stanton. It is our purpose to produce them all. Mr. Wilson, (to the witness :) Q. How long have you lived in this city '?— A. I came here to do busi- ness in 1864. TESTIMONY OF TJlOMAy M. PLOWMAN. 1059 Q. What ivS your business ? — A. I am now a practicing aicbitect. Q. What ^Yas your busiuess tbeuf — A. Previously I was a builder seventeen years. Q. At tiie time you were api)ointed on the commission what was your business ? — A. Architect for the last five years, exclusively almost. Q. Were you in the service of the board in any way? — A. Simply un- der the commissioiu'r, sir, that was appointed. Q. You had no other connection witli the board than that? — A. ]S"one. Q, Was any member of the commission connected with the board of public works in any way? — A. Mr. Collins, I think, had done some con- tractinf; for the board i)revionsly. I do not think any of the other members were connected with the board. Q. Ilad Mr. Collins been an extensive contractor ? — A. I am not able to say how extensive. 1 know he had been doing some work in George- town for the board. Q. Which Mr. Collins was that ?— A. Joseph F. Collins. By Mr. Mattingly : Q. Xot the partner of Mr. Jones ? — A. No, sir. By Mr. Wilson : Q. Who was the other party that was representing this contractor at the time of this investigation? — A. I was trying to tliink, sir ; but I don't renunnber. It occurs to me, from memory, that there was some- body else. J'erhaps it nmy have been Mr. Connelly himself; but my faint recollection (not having charged my memory specifically with it at the lime, alter we disposed of it) does not enable me to say. (}. In what capacity was Mr. Arthur SIiei)herd helping the con- tractor? — A. Well, I do not know whether you would call him counsel or not, or whether he was his next friend. He was there. Q. Managing his side of the (piestion ? — A. I presume that was his intention. Q. Do you know whether Mr. Arthur Shepherd had, previous to that time, any connection with tixing the amount of grading i — A. I do not know fr«)m my own knowledge. I only heard tiiat he haen those letters, and I did not charge my memory at the time with it after disposing of the business sonu' four months ago. My mcmoiy is not fresh on tiu" subject. (^. \N'as any pajiei' shown noii signeil l)y Mr. .'vilhiu' Sheplierd show- ing the amount tliat had been fi.\e(| .' — A. No, sir; 1 think there was no paper signed by .Mi-. Siiepherd at all. 1 may be wrong. (}. Did yi)U go upon the ground when yon niad<' tills iiiNcstigation ? — A. We did. sii-. (^>. In what manner (Hd yon proceed to fix the amount i>f giaoint I make is this: I want to know what claims for damages ha\ e l)e(Mi j/icsented. 1 am more interested in that than in the allowance, for it may be a matter of controversy still. ISy the C.iAiRMAN, (to the witness:) Q. I do not know that 1 understand this business exactly. You were one of the commission to settle the amount that should be [>aid to Mr. Connelly '. — A. Yes, sir. Q. What was the award.' — A. it is a iuatter of record, as I stated a while ago; my irsipression is that it was about 10."), ()()!> yards, or a frac- tion over JO(),(H»t). Jt was something less than the nu-asurenient on the one side, ami more than the measurement on the other. (f. I understood you to say a while ago th it the commission viewed 1662 AFFAIRS IN THE DISTRICT OF COLUMBIA. tlie ground personally, and had some holes dug- ! — A. Yes, sir 5 the chief engineer had them snnk for us. Q. Was that award unanimous; did you all agree ? — A. The commis- siou were unanimous in making the award. By Mr. Christy : Q. I may not understand you right. Do you mean that you reported all the claims both from the city of Georgetown and Washington about six weeks ago I — A. No, sir; we reported the Georgetown claims that had been acted on more than a year ago ; previous to the last session of the legishitnre. Q. And the legislature took action upon it? — A. I could not say that, sir. Q. You are not apprised of that f — A. Ko, sir. By the Chairman : Q. You say you all agreed to this award ? — A. Yes, sir. Q. I tliink I undeistood you to say also that you were familiar with that ground"? — A. 1 have been familiar with Washington for the last 10 years. Q. You knew Washington generally ? — A. Yes, sir. Q. Did you know this ground in particular! — A. Well, I have passed over that very frequently. Yes, I may say that 1 was familiar with more of that location than, perhaps, of any other, or as much as with any other. Q, What amount of filling did Mr. Cluss claim that there was there? Do you remember f — A. It is a matter of record. I have really forgotten it. It appears to me, however, that there was some 25,000 or 30,000 yards difference in the amount claimed by the contractors and made by the chief engineer. That is my recollection, altliough it is a matter of record, as I say. Q. Did you make up your mind that there was 105,000 yards there? Did you believe that there was that amount tliere f — A. Well sir, I will tell you how we came to our conclusion if you desire it. Q. I wish you would. — A. The parties representing tlie board of public woiks, exce})tiiig Mr. Forsyth, who akso represented the board of public works, did not know" anything of their own knowledge seemingly. That is the conclusion we came to ; that is, positively, for themselves they did not know what the condition of the street or avenue had been here- tofore. Q. That included Mr. Forsyth, you say '? — A. No, sir, not including him, although he was a rejnesentative of tbe board also. Mr. Forsyth stated that his long experience and ac his bill of measurement. Some member of the commission — and whether it was m.vself or JMr. Morsell the record will show — asked him the question how the embankment terminated at Second street east, or how he measured it, as it went on to show, I think, that the entbank- ment was some twenty odd feet in height. He said that his recollection was, and his notes showed that he had measured it perpendicularly. The question w;is asked him whether he might not be mistaken on that jioint, or whether it was i)ossible, hardly, for a bank of that height, composed of ditterent strata of sand and gravel, to remain without form- ing a slije('t in his mind from recollection. The commission, after considering it carefully, and ^talking it over an TESTIMONY OF BARTHOLOMEW OERTLY. 1663 entire eveniiio' — some four or live hours, ])rol);il)l.v, being e\[)t'ii(le(l iu reading tlie testimony, &.C., and looking it up — concluded that we would give that doubt against the contractor. We threw it, instead of a |)er- l)endicular bank, into an incline — throwing it into s(|uare yards; and I thiidc we made a difference of between nine and ten thonsaiul .\ards against the contractor, deducting it from the original measurement by Forsyth, ami so made our award. Q. How did Forsyth claim that he knew the contour of the ground there before ? — >\. From his familiarity with the location, and his long experience iu the city, aud the various landmarks. Q. Did you have a ]U()tile before you of the ground before it was touched by the contractor? — A. The chief engineer, Mr. Class, had a profile of the work as they had it. Whether it was before the work was commenced or not, I could not say. Q. Is that profile in the papers.' — A. It was from the papers of the engineers ofltice. I do not know whether it was returned to the board witli the other papers or not. Q. Was there any evidence that there had been cross-sectioning there before the work had begun ? Did you hear anything about the cross- sections b^' the engineer ' — A. 1 thiidc that was called for, and my im- pression is that this work had been commenced iu the very commence- ment of the new government here, before any cross-sectious had been entirely cora})leted. Q. You had no cross sections, then, before you? — A. They were sec- tions furnished by the engineer corps. You ask me where they were. We had such as were furnished us by the chief engineer. Q. You do not know, then, w hether the work had been cross-sectioned regnlaily by the engineer before ]Mr. Coiuu^lly commeuced the work or not? — A. 1 think that there was some doubt on that subject. Q. Do you think there were 105,000 yards there, from what you know of the ground ? Is that your best judgment now as to the quantity '? — A. My best judgment, after hearing all the testimony, is that Mr. For- syth's measurement was correct, with the exception of the correction tluit we made. That was my judgment, and the judgment of the com- mission, or we should not have made the award. Mr. W^iLSON. Outside of that? Mr. MattiiNGLY'. Tliey want to know your independent judgment, outside of the testimony. Mr. MuiJBELL. Yes, we will bear your knowledge of the ground. A. My own knowhnlge of the ground, so far as that goes, outside of any act of the commission or any action of my own at the time, is, that the cut was rather extensive and the fill was very great: and my own juilgmcnt is, that the award that we made was not excessive. That is iny jnil4.j.3;5) per 170 linear feet 'Mi 3 92 For breakage, shoring, rock excavation, caving, superintendence, 20 per cent, contingencies 78 Total per linear foot 4 70 By Mr. Stanton : (^. I understand you to s;iy that you are responsible for the price chargt'd tlic Govenmu'nt — *4.7(>? — A. 1 am. Q. Can you explain how tliat price was fixed? — A. I (!an do so. That paper shows (refeniug to document jtrintiid above) 1 arrived at that at the time, and on getting over all the amounts paid by the Government for sewers, and the amount due to us from our voucliers for these vari- ous .sewers, 1 tind that the total amount ]y,\\d by the (Government is •'5484,814.44, and the total amount due, according to our vouchers, with- out any live i)er cent, added, is '5485,380.38. IJy the Chairman: (^. Wliat do you mean by the amount due ? — A. I mean if tho.se same .sewers on these various streets where we charged had been pro- cured from our vouchers Q. Voucliers that yon pai«l ' — A. IT the cost had been i)ro(^ured now, as tliey all have heen measured and settled — if that vAtst, instt'ad of liaving been put down as it was done, by me, or as it was jnoposed by me — if that was cliaiged according to our vouchers, the am >UMt would be 848rj.(»0(> instead ot .'<481,(»M>. 1668 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. STANTO^' : Q. Then, in other words, is the price charged to the Government less than what the work cost the board?— A. From this statement I would judge that I came very near the mark. Mr, iVlATTiNGLY. Within a thousand dollars. By the Chairman : Q. Let me see if I understand you correctly, Mr, Oertly. Do you mean to say that you have examined the vouchers which are the amounts paid by the board of public works for this work ? — A. Yes, sir. Q. And that it cost $1,000 more thau the Government paid? — A. Yes, sir ; that is what I mean. Governor Shepherd. Here is the statement in writing in detail. Mr. Stanton. We desire to put that in evidence. The statement is as follows : TESTIMONY OF IJAKTHOLOMEW OERTLY. 1G60 a (X> o o ^ _ _ _ o o » LI '■; t- Tl X L-5 to o X =-. o o o 0-* -J CI in c o o o in X S <- o o ct d o o 1- T» H to « O to 00 t^ oo o r-. (^^ o t- tOlT-CTll-rsintotOT^UUirs r>» o r- o rt O O 00 •» r^ 1- lO 1- o (T! L-5 01 O X ?5g!;:?3 C: C 1.-3 X — • X t; o o ^ 5} 2J 00 1-5 o rt o c: c^ to ro o •-' o e» X to !-■» c< t-to?oc^rcihMioc5 m o 5» r- O O — to — J5 X C5 lO r- to 00 c» (?»■» lT CO T c to 3J ^ ^~' ro ITj'f'V to" Cirfr-"-)-" '"' S " »-l rH -^'i-Tr^-Ofto" (f»r,"„" (-,-,■■ rn'cf to f oi i si C6 ', ', o X a • o - X © o o <*►<»«-« ^-^a I n <*• CJ "3 o p •* -: ? M V. _ *?' r^ -^ I X i. ; ©"a it; 5 iii :2| . \9t H a a a a :« X tH 2 i: +^ ^ ■O'c'p^P^p'p'pp^'p ^£££S£iS2££2£§ •gaja)£22222222o 4i-'o'3 S:~'«'o'o'3'3'o'32- Actual cost to board o o 1 a i 6 o o 1 a w Em p i'-S — tS ^ ca ce a ^33 3 <5 O ffl o > o : p.? o'o| X 3 a "S 5 § X- 3^ ■■o ^ II 3^ P ^ a ^ ci - tS =^ rt^:5 Op § = ■£•11 f^-z;^=p t.-t« p p £ ^ ;- ^ a *^ 5! ''' ^- i" fc; ^ S « 2 S — c a a a o E ^ c o ^■ ■y "^ P -^ "3" S ^ p o^ 5 S c c .^ = J J J 5 r r 5: r 1 •fi -3 'S iggspSig tPaS^^'saaas a* Sppppopopppp-S > X •/ rH > > '^ > r- K* >- S s = a X = ® "S "S S = 3 = a a i- 5 a psasss X : = = p = p = = = a"S p £ S £ p = o p ? P p p ■2 P P p p 5 ^ P P C P P S p^ p^ " f^;^;^^ ji. iij S 5^ ;i< ^ Jj^ ^^ P^-^ f^'f^.'^'r^'^ ;i,^^rt,f^^~;^i^hHMH „ IC o o t^ o o « o t- oo ' !"* O O O i^ ^ ■» o 1- o o to ooao o too o o ooto r3 a o .J ■^ o to OO-l o» X o t~ • T» c o -r X ^ CJ o o — lo n — c:: t- fN •;> ' ^ L- TT o ** 7 « T-" i- ■o o o o o r: 00 1- ^5 - .,-; r- — = *-r n 5r yi X't-'i- x" — *"— T-f *r i r-T Ci r^'to ' •.i' <: i"«i r^ ' n — _- _^ X ' * -*j I X ;m X 5 • • ^ 1 ! It ■ • 9 ^ ; o 00 •^ t> ' ■ ^ '' \ r. i'^ ,S I "£ c b ~< \ \ ^ •>i . ':'■ • "^ o ; s. ^ S 9 '. ' * X ii ;--i; S ! ■ o »»'< _2 p "S ■^ • • y -••is ■Pi2 opi ?2-£ X p a o a 'X_^ Us <2 S.5 S ^ o O a « 'a o P S 1 "x -o 9 '■ i* ' ' ". p ill 2!-2 ■^ o a p o i; > ~ > ? « » — 3 5 i 5 11! *3§ p t? c S" £ 2 " es ■■J 1 o a a S o i s a 5 - "« a o E ^ O i- t-" ■A '■n p P. 5 5 P X t- > t! - -s ^ ? "-S Jll{ li21 ? p fe a t« S 7. ~. if ~ a 1 -w c5 "I -" ■T a *i i '^ ~ ^ a s_: c5 5 5 2 ^ ^* o 5 C' > a a"?- 2 111: \i *- Z "^ c3 Ti ^ ^ S X '?: t? p S C3 3 i ;^ £ ;? H ?5 kh;^o "I^J;^ :53 S?^?,?' >^ I. CO V lO irs u-i ui -i to -^ — 'm" T* C» IN ««' r rs s o <=> o oo = o — — — c •? *r •r -r T ^ "P -r -r f T 'r ■^ "^ o a & ® Of ^ ;, i s o a< £' c> p ^ - 1) o t c c^ * -^ tt it U U W U U bjO u t* ti tt u;t M tl tl t t u .* ^ _r: s « s cc n to a « ■■ "^ -'"' '■"' f,^ ^ * _ * m^Zmm , ^ 1 * " , • ^ * ' 1670 AI FAIRS IN THE DISTRICT OF COLUMBIA. CO o i-- Cl O O 'X •V at « ao on — t- 1 c o O 2 I- o c; « -T o -H t- c -^ —I lO o o I.- o — t-^ — < in ^t_ f- in — * t- t- ^ 'i m t- o X i- 0) .iS KPM a o o T. '< V • . ^ • OB. o '• . 0) '• ^ o • • o : ^ . ■ H : o • ^ « : : « 03 ' ■ H of ' ! ^j- s : •• ^ < '■ : B < . 2 6 ^ 3 u-< ^-i • n L-s O ® ,, J- « < S « e » o < j3 S g*^ p '' c^ '' C 3/ « fl 5 fc. j; C5 2M 3 2 :zi ? — o , IB • *- ... » !,_ -^j ii = K -3 S 5 X p p ^- s o 05 a » u ;- L< c 3; 3j 'o'S'v -i Kfe-^ ^ El (.. as j«| o o— a i: £-:= o C^ .M J2 O HHO( >-.« « 5-- *- o - a c » _— ai !C 2 «'S •a ^c3 ;33 : • .l^; E £ ^ « =7 a • •'H \(n c3 ? ,..0, 9-^ = .3 ©s 0; 05 Ph C -H _2 S i: r. X d c r &^-a > a ;« "? * 5 "i^ it 5 5 a Ph « u « W liH ; :«■= : -.zt ■ :w1= • ■ _"e • ® X a ; a » t 2 V C *.- c =* S = I "S oj o ai fc: > .;:: a; X ^ s 5 a B-^ Wl tU bt M bl M) at bC bH bt be M be TESTIMONY OF BARTHOLOMEW OTERLY. 1071 "I -?" - rt r5 ?^ ri ?*; ro n ! tc tt tt t£ tt tc tt ti ti u. tc OC- C: Cl C. O O — -^ CI 11 'O ^ rs r? -?"»• -r 1.-5 1 X r- 1^ r- T) 1?5 ^ ^ 1, ^^ ^ a> & _ ;t tc tt tt tf ;t bt to a _;! a _s _a _js ^s « a _s ^« ^s r: rs a ri ~ p ~ ^ ^- ^- o iC o o c tt tc tc 1672 AFFAIRS m THE DISTRICT OF COLUMBIA. By Mr. Stanton : Q. Could the work shown in your statement there have been done for 11.00 a foot, as stated by Mr. Evans f The Witness. For what ? Mr. Stanton. For the sewers they have colhited in your statement ? — A. That coukl have been done for a twelve-inch sewer, but it would be impossible to appl}^ that rate to a fifteen-inch sewer. Q. I am asking you about all the work that you have referred to in your statement. Could it have been done for $1.60 a foot f — A. Ko ; that would be utterly impossible. You could not lay a four-foot brick sewer twenty feet deep for $1.60. Q. Have you prepared any statement in relation to a statement put in evidence by Mr. Wright Rives on pages 1306 and 1307 of his testi- mony in relation to the avenue ? — A. 1 have in relation to the avenue. Q. Will you produce that statement ? [Witness i)roduced the statement, which he read, as follows :] Page 1307 — testimony of Wright Rives. The statement occurs that the following amounts were overcharged to and overpaid by the United States Government, viz : On Pennsylvania avenue, from First east to Seventh east, and from Fif- teenth west to Rock Creek $57, 248 Dfv On Connecticut avenue, from H to Boundary :>, 333 34 On Massachusetts avenue, from New York to Boundary 10, 165 35 On New York aveuue, from Fifteenth to North Capitol street 11,862 24 On Louisiana avenue 4, 334 67 Total 88,944 56 The statements in detail hereunto attached will show that not only no overpayments were made hy the Government on the above avenues, (except Connecticut avenue,) but that a large amount of mouej' is due on the same, viz : Amount due. Overpaid. Pennsylvania avenue !|1, 136 39 Connecticut avenue $4, 976 79 Massachusetts avenue 53, 016 47 New York avenue 374 94 Louisiana avenue 4, 510 83 59, 038 63 4, 976 79 4,976 79 Due by United States 54,061 84 Pennsylvania avenue from Fifteenth street to Rock Creek and First street east to Seventh street east : United States property from Fifteenth to Rock Creek : North of 15, 0.6 39 North of 26, 1.6 80 North of circle, 5 250 South of 78, 4.62 231 North of 101,4.62 231 South of 105, 4.24 212 North of 141, 4.4 220 Lafayette Square, 14.12 706 Executive grounds, 30.4 1, 520 3. 430 Pennsylvania avenue from First street east to Seventh street east: United States property from First street cast to Seventh street east : Square 730. 2 100 Square 731, 1.92 96 South of 761. 1.72 86 Reservation 4-6, 10.25 , 512. 5 5.35 267.5 10.20 510 5.80 i 270 1,842 TESTIMONY OF BERTHOLOMEW OERTLY 1673 Fifteenth street to Rock Creek !|224,842 09 See board report, 1672, table XII : Less sewers and water services ^, 216 50 Less Washington and Georgetown Railroad Company 11, H42 (iO Less intersections VJ, 07U 30 34, 138 40 190,703 09 Less one-third 03,567 89 3,480 United States 127, 135 80 5, 937 private property, 3,480, at 6.757 23, 514 36 63, 567. 89 9. 407 rate .$ (i.757 150, 650 16 9.407 I't'iinsylvania avenue, First street ea.st to Seventh street east : Board report, 1873,* page 156 Less intersections ^7, 234 50 Less carriageway through reservation between Fourth and Sixth streets, at §4.26 31,311 60 Less soiling and seeding 3, 445 00 Less curbing, siding, and grading 11, 589 45 Less one-third. !^314,380 05 .53, 530 55 260,799 50 86,933 17 173, 866 33 26, 690 58 I'nited States property 1 , 842, ratio ]^- Private property 4, 156 5, 998 86,933 17 5, y9« Work through square in full, as above 46, 346 05 \Vork through square, chains and posts 3, 780 00 Due by United States from First street to Seventh street east 250, 682 90 Due by United States from Fifteenth street to Rock Creek 150, 650 16 Payments made — page 414 , $171, 746 90 I'ayments made — page 414 146,743 43 Payments made— page 422 3, 780 00 Payments made — page 427 ^ 77,926 40 Balance doe 401,333 12 400, 196 73 1, 136 39 Massachusetts avenue, from New Jersey avenue to Seventh, Ninth to Fourteenth, Fourteenth to Boundary : T'tiited States property : Square 67,3.6 180 North of .sfiuare 114, 1.7 So West of square 316, 2.() 130 South of s(|uare 341, 2.5 175 Sf)iith of square 371, 1.0 .50 Soutli of s([uare 484, 1.22 61 West of ,s«|uare 485, 2.9 145 West of wiuare 516, 2.0 100 West of S(i uare 529, 2.7 135 South of square 528, 2.7 135 f 4, 1.5,6... I 4, 1.3, 7.2 . Scott's statue {^^^Ji^l'Jj^; I 300 36U 320 180 1,169 United States proportion. Pri vate property 1,196 1, 191; 1, 169 12, 431 1674 AFFAIR8 IN THE DISTRICT OF COLUMBIA. Total cost of street improvement §511, (J'^4 7fi Board report, 1873, page 153, less i 170, 561 59 341, 123 17 •2365 at 11.53 27,268 45 Due by United States : 368, 391 62 Paid by Government, page 406 $39, 654 40 315, 375 15 Paid by Government, page 406 459 58 Paid by Government, page 412 182, 943 55 Due . . 53, 016 47 Paid by Government, page 428 12, 763 20 Paid by Government, page 436 13, 382 07 Paid by Government, page 436 11,114 00 Paid by Government, page 439 2 ^' q^q ^q Paid by Government, page 454 6, 919 85 Paid by Government, page 437 22, 108 10 Paid by Government, page 437 20, 030 40 315,375 f5 New York avenue, from Fifteenth street west to Ninth street west, and from Seventh street west to North Capitol street : United States property : Square 251, 2.4 . 120 South of square 317, 4.2 210 North of square 344, 3.9 195 Square 372, 1.6 80 605 From Seventh street to North Capitol street : Square 4.51, 1.7 85 South of square 482, .3.7 185 Square 515, 1.3 90 Square 524, 2 100 S(|uare 555, 2.5 125 North of square 557, 4.7 235 820 Seventh street to North Capitol, (page 167, B. R., 1873 :) Cost of street $1 45, 375 58 Less sewerage and water-services •! 1, 950 00 Less intersection 3, 979 85 . 5,929 85 139, 445 73 Less one-third ^ 46,481 91 92 963 82 U. S. P., 820 linear feet, at $7.88 ., 6,461 60 P. P. 5,080 99,425 42 5, 900 R. Fifteenth to Ninth, (Table XXIV, 1872 :) w. 123, ,552 26 123, 552 26 Less intersection 5, 563 80 R. R.. 2,214 40 7,783 20 115,769 06 Less one-third 38,589-68 3,280 77.179 38 605 linear feet, at 9.93 6,007 65 3, 885 rate of assessment, 9.93 83,187 03 TESTIMONY OF BARTHOLOMEW OEllTLV. 167.5 Due by Uiiitefl States ou same, from Niuth to North Capitol $91), 425 42 Dtio by United States oa same, Niuth to Fifteenth streets 83, 187 02 Total 182,612 45 I'avni.Mits made— page 414 35, 582 72 page414 157,700 72 193,283 44 Less amount iueUuled in above for avenue, between Sev- enteenth and Eighteenth stre ing to get at what you have embraced in this state- ment of yours. You did, then, embrace in this statement sewers that had been constructed prior to the organization of the board, did you ? — A. There were some finished. I think, in the beginning of the board, and Mr. Forsyth pointed them out as belonging to the board. There were, I think, a few cases with which I was not familiar. Wherever I was familiar with anything 1 never did. Q. You say INIr. Forsyth pointed those out to you ? — A. Yes, sir. Q. How much of those sewers was there ? — A. They are easily footed up, wherever they are; I suppose they amount to something like — I could not say ; it is less than $20,000, I think. Q. What kind of sewers were they? — A. Brick and pipe sewers. Q. What size were the brick sewers? — A. I think two and a half or three foot sewers. Q. Did you embrace in that any sewer not yet constructed t — A. Xo, sir. Q. None that is not yet (;onstru(!ted ? — A. None at all. Q. What was the occasion for your getting an average amount of sewer in order to make up a charge against the Government? What is the reason you could not take the sewers themselves as you have paid for theni, and charge the Governnient its proper j^ro rata, without going TESTIMONY OF liAKTlIOLOMEW OKKTLV. IGT'J tliroiigli all this foriiiiilify of making' a calculation and getting an aver- age jnice ? You were making up an account against the Government of the United States ? — A. Yes, sir ; that is so ; but, as 1 statee to a four-foot brick-sewer. Q. Then upon what did you base the conjecture ? — A. Upon what that l^aper states. I say there we had sewers from 12-inch pipe-sewers to four-foot barrel sewers, and I certainly considered then, and do consider yet, that an 18-inch pipe-sewer was a fair average. Q. Did you ever sit down and take the length of a four-foot sewer — a barrel-sewer — and then of a 24:inch sewer, a 20-inch sewer, an 18-inch sewer, a 15-inch sewer, and a 12-inch sewer, and ascertain by any such process as that the average ? — A. No, sir. If I had those lengths 1 certainly would not have i)ut in au average size, I would have got an actual size. Q. Haven't you got those lengths ? — A. You will find them in this stat,enient. Q. Haven't you a map that shows every one of them? — A. We didn't have then. Q. Have you one now? — A. We are now perfecting a map, so as to give all the sewers which were constructed. The maps may be up to time now, but they were not within a short time ago ; tliey were not then perfectly up. Q. Docs this statement which you have presented, and which 1 have called statement C, show the number of feet of 12 iucli sewers in this city ? — A. It shows it under those various heads — 12-iuch sewers. Q. Does it show all the 12-in('h sewers in this city! — A. No, sir. Q. Chargeable to the Government; does it show all of that? — A. To the best of my knowledge. There may be a few more, but certainly what is in that list is put down. Q. Can we by looking at tliis list determine how many feet of 12-inch sewer there are? — A. Yes, sir ; or rather you may by going over the entire lot. Q. How many feet of 15-inch sewer ? — A. Yes, sir. Q. And of 18, 20, and 24-inch sewer? — A. Well, I don't know exactly whether I stated it in the list. I referred more to the vouchers of the parties who did that work. Q. That is not what I am getting at. I want to know whether or not this average of $4.70 is a correct average. You say you have come to this result by making an average of all the difterent sizes ? — A. Yes, sir. Q. Very well, now. What I want to know is whether yon ever pre- sented to this committee anything which will enable them to determine how many feet of 12-inch sewer there are and how many feet of 10 inch sewer, and so on through ? — A. Y'^es, sir; every table can give this. If 1 have not stated it iu every instance it is very easy to do that. Some of these cases are a little complicated, and possibly I didn't put them down, but if you desire it it can be done. Q. There will be no trouble in getting at the exact amount of each cue? — A. No, sir. TESTIMONY OF BARTHOLOMEW OERTLY. 1683 Q. lu making' up these pa|)er:s did you embrace any sewer that had been constructed prior to the board of works coniiu4>' in ? — A. I think I did state all. Q. Tliis sewer I see at the end of tliis paper marked C — the Gantz & A[)[)leniaii's sewer — what sewer is that.' — A. That is B-street sewer, the intersecting sewer. You will tind the measurement cliar.^ed the Gov- ernment was tlu' same as that paid by the board, less this portion where one sixth has been deducted. Q. There never was any difference, then ? — A. There was no average of any assumption there. Q. Is that a four-foot sewer ? — A. Xo, sir ; that varies from twelve foot. Q. Have you embraced in this statement the B-street intersecting sewer ? — A. It includes all sewers ; those sewers which were charged in the Government measui'ement at the at-tual price, tliese were deducted. It would not change anything in the aggregate figures. The same de- duction would be on both sides. Q. Was the whole of this B-street intersecting sewer charged to the GovernnuMit ? — A. No, sir; some portions — one-sixth — came off, and that IS out. Q. Wliat have been your duties in the office? — A. I have had [)articu- lar charge of the inside business of the engineer's office. Q. From whom do you receive iiiBtructious in regard to your woik? — A. From the chief engineer or engineer in charge. Q. Who is that f — A. Mr. Cluss ; as long as he had charge of it. Q. Did you always get your instructions from Mr. Cluss, or did you act at any time under anybody else's instructions ? — A. Well, it is pos- sible that sometimes the governor told me to attend to some particular duty, and I would attend to it. Q. Can you remember any particular matter that you were directed to do by the governor instead of by the engineer in charge i? — A. I should have to refresh my memory, more or less. I cannot point out particu- larly now. Q. What I want to know is, whether you have acted exclusively under direction of the engineer-iu-chief of this district, or whether you have been acting sometimes under his direction and sometimes under the direction of other persons ? — A. Well, it is most likely that I have occa- sionally been acting under the direction of the governor or vice-presi dent of the board. Q. Without consultation with the engineer-in chief ? — A. Well, no ; that I would not say. Q. 1 desire to know whether you have acted under the direction of the vice-president or governor without consultation with the engineer- in-chief? — A. I invariably made it my duty to consult with him when- ever it was i)ossible. There may have been one or two cases whcnl did not see him at the time. Q. Do you know what cases those are? — A. No, sir. I cannot call them to mind Just now ; ])ossib]y you know of it. Q. No, I do not know that I do. 1 want to see if you can recollect them — if you can remember anything oi' that kind when you acted with- out any consultation with him — and I should be glad to have you state in reference to what work it was that you so acted? — A. Well, it 1 did, 1 do not know. If ever 1 acted so before results were arrived at, I cer- tainly made it my duty to communicate to him the results. Q. In lixing these prices which were charged to the (lovei iimeiit, did you consult with the engineer-in-chief; and if you did not, uiRlei' whose 1684 AFFAIES IN THE DISTEICT OF COLUMBIA. direction did yoa act ? — A. Xo, sir ; I did not. This was a matter really not connected with the office of the eugineer-iu-chief at all. Mr. For- syth and I were merely assistants to Colonel Samo and General Bab- cock, who assumed the measurement. He asked me to state those prices. Q. How did you get at the prices ? — A. I got them from the price-list of the hoard of public works; not the engineer's office. Q. Then, in nuiking up this statement as to the amount that was chargeable to the Government, you were not acting in your capacity of engineer"? — A. No, sir. Q. You were acting under whose directions "? — A. 1 didn't mean to say Q. Your duties were in the engineer's office? — A. Y^es, sir; and 1 was detailed Q. How did it happen that you went outside of your own department to make up these charges against the Government! — A. I think that is the case where I was detailed by the governor to assist an engineer des- ignated by General Babcock. " Q, Y'ou were, then, detailed by the governor to assist General Babcock or Mr. Samo in making up your charges against the Government ? — A. Y'^es, sir. I don't think I had anything else but the verbal order; but that was sufficient for me. Q. So that the engineer's office or the board of public Avorks is in no way responsible for this? — A. The engineer's office is not responsible for it, virtually. Q. Why did you not consult with the engineer-in-chief in regard to these matters ? — A. Well, that is more than I can answer, because Q. jSTow, did you make up an account against the Government upon which an appropriation of $1,000,000 or more in March last was made? — A. I assisted the colonel partly, I think, before the last measurements. I was not present. Q. Assisted whofn? — A. Colonel Samo. Q. In making up a claim against the United States for 11,000,000?— A. A claim ? Q. Yes. — A. I do not know anything of a claim. Q. Was not there made out, at the office of the board of public works, an account against the United States upon which an appropriation of a million of dollars was made? — A. An account. Mr. Wilson. Will some one be kind enough to get me that appropria- tion bill— 3d of March, 1873 ? Mr. Mattincily. If you will refer him to the statement he may com- j)rehend you better. Mr. Merrick. The appropriation of 1873 will be found in the seven- teenth volume of the laws. I don't think it is on the table here. Q. ])o you remember anything of that kind? — A. I remember the act distinctly. Q. ISTow then, prior to the passage of that act, was not there an ac- count made out by you of the work that had been done by the city of Washington prior to the board coming in ? I will read you. The Witness. I remember the act distinctly. Mr. Wilson. The act reads as follows : To re-iiuburse the city of Washington for improvement of the avenues of said city and for work done thereon, not chargeable against owners of private property, nor in- cluded in approi)riations heretofore made, |1,000,000. That is on page 527. Did you make up that account ? The Witness. No, sir; not for $1,000,000. TESTIMONY OF BARTHOLOMEW OEETLY. 1685 Q. Did you make up au aceonnt for work that was done by tlie board prior to tlie orgaiiizatiou of the board of i)ublic works of the city of Washington? — A. Yes, sir; bat it was not one million of dollars. There was an account made out, I think 81,032,000, or something like that. Q. You made out such an account ?— A. There was such an account made out. Q. Who made it out l — A. I chink Mr. Forsyth and me. I do not know whether upon that or upon what account the one -million-dollar ai)))ropriation was made. Q,. You made up such an account! — A. Y'es, sir; such a statement. There was no account at all about it. Q. Where is that statement ? — A. I may possibly find the original draught of it among my papers ; I could not say positively. Q."l)o you know what was done with that statement ? — A. iv^o, sir. It was referred to a number of persons; I do not know to whom. Some Senators had it. Q. What was the characterof that statement ? — A. Part of it, I think, was for work done by the old corporation, and the balance was for work done by the District. Q. I'would like to have that statement. — A. If I can iind it, you shall have it. Q. Where did you make up that statement I — A. It was made at the office, but no copy taken. Q. Did you make any surveys ? — A. No, sir ; no surveys were made at all as to the amount of work done by the old corporation. That was prepared from the memorandum of Mr. Forsyth, and even that Q. When did Mv. Forsyth make that memorandum ? — A. I want to (jualify that term " memorandum," because he put down the amounts of work which were done, or, rather, said so to me, and I put them down and then footed them up or carried them out. Q. What pai)ers or memoranda did he have from which he made that statement ? — A. That was all by recollection. Q. Entirely ? — A. Yes, 1 think so. Q. Then, if I understand you, the mode in which you made up that statement amounting to $1,032,000, was that you and Mr. Forsyth were together in the office of the board of public works, and Mr. Forsyth made statements to you from recollection of work that hail been done by the old corporation, of whatever that amounted to'I — A. It was purely from his recollection as to that amount. Q. Then do you say that a part of that 81,032,000 was for work done for the board of public works ? — A. Y'es, sir. Q. Do you recollect what proportion of it ! — A. Well, it certaiidy was abcnit one-half of it. Q. Done by the board of public works ? — A. Y^es, sir. Mr. Stanton. Mr. Wilson, you will tind in the act making the appro- priation, that amount to reimburse the late coritoration of ^VashiIl.;ton is 8i.s;5,ooo. Mr. Wilson. It says, "to reimburse the city of Washington for im- provement of the avenues of said city, and the work to be done thereon, not chargeable against owuers of i)rivate i)roperty, nor included in any ai)pro[)riation heretofore made, 81,000,000." Mr. Stanton. Fart of it he says was done by the late corporation. Mr. Wilson. .Mr. Oertly, if I understand him, says that about one half of this — that this 81,032,000 that he made up was for work that was done. The Witness. And they cut it down to 81,000,000, or whatever it was. 1GS6 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Wilson. Aud half of that was for work done, as I understaDd him, by the ohl corporation? The Witness. In the statement one-half was, I suppose — nearly one- half — was for work done l)y the old corporation. Q. Then that which was done by the board of public works — that was embraced in that account — upon what data did yon make up that half of tlie account ? — A. That was all for measurements. The data which I used were from either actual vouchers or actual measurements. I think they were all that way in the office. Q. Do you think you can i)roduce us a copy of that account? — A. 1 rather think I can among — but it was changed several times. I cer- tainly Avill produce it if I can lind it. Mr. Wilson. I would be glad to have yon. Q. Now I wish to call attention to another matter in that same con- nection. Look on page 32 of the report of 1873 — the column headed measurement of March 20, 1873 — and tell me what that is; where it came from ; the third column, I believe it is. — A. Those were actual mea- surements made by Colonel Samo, Q. Do you know where that measurement is ? — A. It is in his books, or at least the measurement itself is in the Treasury Department, and the balance Colonel Samo has got. I have no record of it. Q. Did you have a record of that kind ! — A. No, sir; I did not con- sider it my duty at all; I only was an assistant. Q. Have you ever looked over the governor's Answer ? — A. Yes, sir. Q. Have you ever seen anything of that kind in the governor's An- swer! — A. No, sir; I think 1 mentioned to some gentlemen before, that they omitted in the Treasury Department to give a copy of the voucher; at least it seemed to me so, I do not know certainly. ' Q. The reason I asked you about that is because I called at the Treas- ury Department for all the measurements that had been made there, and I have not received any such measurement made March 26, 1873. — A. There is one omitted in the governor's Answer. How that occurred I don't know. Q. Now, in making out the $1,632,000, how was that done ? under the dii'ection of the governor or vice-president? — A. Yes, sir. Q. Had that any connection with the engineer's office? — A. No, sir; none whatever. Q. Are the prices that have been charged to the Goveiaiment the same in all cases that had been paid to the contractors? — A. I think they are less. Q. The Government is charged less i)rice? — A. I think they are less; for instance, in curbing. Q. Are the prices of grading and hauling the same charged to the Government and paid to the contractor? — A. I don't think we charged the Government haul, which the board finally paid. Q. Is not it the fact the Government is being charged more both for grading and hauling? — A. No, sir. Q. You thiid^ that is not the fact? — A. No, sir. In grading, I think you will find the charge 40 cents, and that requires some exijlanation, because the board paid 30 cents, or one kind and 40 cents for grav- eling streets; and they paid also $1.50 for excavation. Well, I assumed, in the first place, the average between 31 and 40, which is 35, and I proposed, on account of the rock excavation and some trou- blesome excavation for which we could not present the account in the niensurement, to assume the whole at 40 cents, aud the other gentlemen to whom I did propose thought it was fair. TESTIMONY OF BARTHOLOMEW OEKTljY. 1687 Q. And you assumed the whole of the ^Tading to tlie Government at 40 cents ? — A. Yes, sir ; without charging anything for rock excava- tion where it occurred. Q. Did you have much rocky excavation ? — A. About this city I can- uot say a great deal. Q. The [)ercentage was not very great. Do you think there was so much rocky excavation as to increase the i)rice of the Government up to 40 cents ? — A. No, sir ; if I had to assume the aveivage in this case again, I would say it was less than that. Q. Row much less would you put it ? — A. I would certainly rather prefer simply to have the average 35, and charge the rocky, excavation where it aclually occurred. Q. Would not that have been the more accurate WJiy to have done this business ? — A. I admit that. Q. Is it not a fact the rocky excavation has been very rare indeed in this city ? — A. Compared to the amount of grading done the per- centage is not verj- large. Q. Is it not very small ? — A. I would say it was small. By Mr. Merrick : Q. Is there any rocky excavation in the city of Washington at all ? — A. Yes, sir. By Mr. Wilson : Q. Have you ever noticed the price paid for sand and the price paid for hauling on New Hampshire avenue by the Government and that ])aid the contractors! Tlie Witness. Do you mean the amount ? Counsel. Yes, sir; the amount. Mr. ^lATTiNGLY. The rate i)er square yard? Mr. Wilson. Yes; the rate for grading and hauling? — A. There is no hauling (-barged it on New Hampsliire avenue ; none whatever. It is only the grading proper. If it is I am thoroughly mistaken, but I thimk it is not. . By the Chairman : Q. I will go back to that again. How did you make up the price for flagging ? — A. That I could not say. Q. Do you know how the price is made up ? — A. No, sir; 1 cannot say that either. Q. Nor what the charge against the Government for flagging ? — A. Y'es, sir. Q. What is it? — A. Wherever the board paid $1.25 they charged at 81.25. Q. Were they paid $1.25 ? They charged $1.25.— A. Yes, sir. Q. How did tlie board make up its i)rice of $1.25 a squ;ire for flag- ging ? — A. I cannot say, because I had nothing to do with it. Q. Were all i)arties puid the sanu^ price lor llagging? — A. You nuist not forget this $1.25 includes top-dressing and laying. Not all the par- ties furnished both. Q. It includes the flagging and all the work done ? — A. Yes, sir. Then again Q. But sMi)pose the District goveninu'iit or the board of public works furnished the llagging. Did they then pay all parties the same i)rice? — A. Then, in that case, if the flagging was the same price, of course the same j)ric(' would l)e charged. I tbink some of the flagging is not top- 1688 AFFAIRS IN THE DISTRICT OF COLUMBIA. dressed, wliereas that for $1.25 is top-dressed, aad between the two there is a difference in price. Q. What do yon call top-dress fla.o-ging ? — a. Axing the top or face. Q Have you ever looked at the flagging along tlown on B street north? — A. Between which points'? Q. Along there in front of the monument, from Twelfth to Seven- teenth street. — A. I do not think I ever particularly h)oked at that. I never measured it. Q. Do you know whether that is charged at $1.25? — A. I was not present at that measurement, and, indeed, I could not say exactly whether it was or not. If it was charged at $1.25, there certainly was an extra charge, it seems to me. Q. Then, around the Botanical Gardens ; what do you say about that at $1.25 to the Government? Is that charged at $1.25 ?— A. I was not present at the measurement. Q. What would you say to $1.25 for that flagging around the Botan- ical Gardens? — A. That around the Botanical Gardens, if I understand it aright — that flagging was hauled from the post-ofiice and Patent- Ofiice. Q. So that we understand when the flagging was taken away from there that was to be replaced by hrst-class flagging. — A. And of course in one place we certainly could get nothing except the laying, and what- ev^er little jointing and dressing would be required, and in the other place get the full. But, as I say, I was not present at these measure- ments, and I could not say what was the charge. Q. What do you consider such flagging worth as is around the Botan- ical Gardens ? — A. Price allowed to the contractor was thirty-four cents for rejoining and laying and doing such top-dressing as was absolutely necessary by the worn-out flags. Q. Thirty-four cents allowed him for redressing and laying that flag- ging ? — A. There was no redressing, except what redressing had become necessary to bring them to a fiiir Q. On that south side of the Botanical Garden there is some new flag- ging laid ? Witness. On Maryland avenue ? Mr. Wilson. Yes. A. I think there is some there. Q. Have you seen that ? — A. Kot lately to my knowledge. I didn't either measure it or examine it. Q. But you say that the flagging that was on the west side of the gar- den came from around the Post-Orflce ? — A. As far as it went. Q. And that was replaced at the Patent-Oihce and Post-Office ? — A. With first-class macbine-dressed flagging. Q. Did you make up the account for work done by the board of pub- lic works during this last summer? — A. Yes, sir; I think I prepared a statement. Q. Do you recollect of charging for flagging around the Patent-Offlce and Post-Of(ice ? — A. I think I did charge it; I was not aware of it, at the time when I made that account, that anything had been charged around the Botanical Garden. Q. You didn't know that the District government had already got $1.25 a foot for that flagging that they had hauled down from the Patent- Office and Post-Office? — A. No, sir; I really was not present at the last measurement and never saw any of these accounts. Q. What is the cost of laying this flagging? The Witness. The actual cost ? TESTIMONY OF BARTHOLOMEW OERTLY. 1689 Q. Yes, sir. — A. I novor iiivestig'tited that qiiestiou. I never looked into that matter. I think, thongh, 24 cents is a fair price, inchisive of iointinsf and t'nrnishin<4- tlie sand and cement, and whatever litth3 dress- iuiX is reqnired to l)nnii' tlie flag's ont even. Q. Do yon think that is areasonabhi price? — A. I think that is a fair pri(!e. Q. Is not that an excessive price? — A. Xo, sir; I think liighcr prices have been paid tlnin tlnit in this city. Q. Do yon know what is the price of dressed material — dressed flag- ging ? — A. 1 have not any of the latest price-lists, bnt 1 remember we paid, at the Treasnry Department, 58 cents. Q. What kind of flagging was it ? — A. Tliat was machine-dressed, uu- jointed. Bnt this rongh flagging — I ilo not mean dressed flagging — jnst qnarry-faced. I conld not give yon qnotations of other price-lists. Q. Were there any bids invited for fnrnishing flagging or for laying it? — xV. I do not know, becanse that was no province of onrs. Q. Yon know nothing about it? — A. No, sir. Q. Who did the principal part of the flagging about tlie city, about the Government property ? — A. I think Mr. Evans — Fohn O. Evans. Q. Who made the principal part of the measurements of John O. Evans's work? — A. 1 did some, Mr. Barney did some, and, I think, Mr. Forsyth. Q. Who did the principal part of it ? — A. That I couhl not say. I do not know what the amount of the whole measurement is. Q. J>idn't you do the. chief part of John O. Evans's and Gleasou's measurements ? — A. I did a great deal of his measurement. Q. Who did the principal part of Gleasou's measurement ? — A. I did, of course, some of it. Q. Who directed you to make these measurements ? — A. That was done by direction of the governor, I think, at the time. Q. Did you have written order to that effect ? — A. No, sir. Q. Did you act under the supervision of the engineer-in-chief ? — A. I think the governor spoke to him at the time, but I am not positive about it. Q. How did it happen that the governor came to you and directed you to measure John O. Evans's work ? — A. That [ do not know. Q. Is that the usual mode of doing these things ? — A. No, sir ; I rather did it reluctantly, because I thought it was onerous on me to at- tend to all the inside work, ami I had no iiu;lination at all to measure. Q. Uow are measurements usually procured ? Is there any formal ai)pIi(!ation to your ofi&ce for your measurement? — A. There is uow a pretty strict way. Q. When was that adopted ? — A. I think I myself proposed it — got the introduction of it. They at first required from the contractor a written application to the board for measurement. Q. When was that rule adopted? — A. That was adopted sometime during last sununer. (^. What time during the summer, do you think ? — A. Even that I could not i)ositively say. Q. Have you any mode of ascertaining when that was done? — A. No, sir, I have not. Q. A few days ago there was something said here about 10 feet of parking in connection with laying tlagging. When was that rule ado|>ted! — A. That was in the summer of l.ST.J. Q. In what way was that rule adopted ? — A. That 1 cannot say. I only know it was ado[)ted. 1690 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Who informed you of it ? — A. Well, the way I first knew of it is this. In the preparation of Mr. Evans's measurements — I think it was across Fourteentli street ; I measured that — I had measured the park- ing as well as flagging, and I was then informed by Mr. Evans himself that the parking was to be included in the flagging, which I had not known before, and after that I think we received the formal communi- cation froin the vice-president's office, that the parking would be in- cluded — 19 feet of parking. Q. Did you have any contracts with you when you made these meas- urements ? — A. I think I had of this particular one — the contract then did not include it. Q. Did you find any such thing as that in any of the contracts — 19 feet of parking ? — A. Afterward, I think, it was included, but indeed I have had nothing at all to do with the perfection of contracts and I could not say positively. Q. Did you measure any 19 feet of parking about Mount Vernon Place, along John O. Evans's flagging ? — A. No, sir ; that was done prior to this order. Q. Is there any 19 feet of parking along there in front of the monu- ment on B street north ? — A. There will be, I think. Q. Is it there ?— A. It is not there now ; about sis or eight feet is there, I could not say exactly which. Q. Did you measure the wood pavement on East Capitol street ? — A. I did. Q. How nmch deduction did you make from the wood pavement on account of grading I — A. Kone at all. Q. Why didn't you ?— -A. The grading had been done by otlier parties, and it had been understood by all of us in the offlce in such cases that no grading would be deducted. Q. I understood the governor to say the other day, and I presume you have read his testimony, that it was the duty of the engineer to make a deduction on account of grading, where the grading had already been done. Did you so understand your duties ! — A. ISTo, sir ; I never understood them that way. Q. Did you measure any other streets where the grading had ah-eady been done ? — A. ]^ot to my knowledge, at this time. Q. Do you know anything about the Taylor & Filbert contracts ? — A. Ko, sir. Q. Did you measure any for them ? — A. Not for Taylor & Filbert, I do not think. If it was, it was for one street only. Q. Did you measure any other wood pavement for John O. Evans f — A. I measured the wood pavement for John O. Evans on, I think. Second street, Georgetown, D. C. Q. Any place else? — A. I think Seventh street and across the Mall, and, I think. Thirteenth street, between B street and Pennsylvania avenue. Q. Who did the grading of those streets ? — A. The grading was in- variably done Q. Invariably done? — A. No, sir; I forgot about Second street, Georgetown ; that I could not say. Q. Then, of those other streets the grading was all done? — A. I can- not positively say about Thirteenth street. I will have to refresh my memory about that; maybe it was not. Q. How was it across the mall and those other streets you have named ? — A. Across the mall there was no change of grade at all, to my knowledge. TESTIMONY OF BARTHOLOMEW OERTLY. 1691 Q. Did you make any (lediiction on account of grading? — A. Xo, sir. Q. Now', we wisli to understand how tliis thing was done. — A. I ex- pect that one man did the grading and another man did the paving. Q. When you went out to measure that grading, you measured all that was done? — A. Yes, sir. Q. Then, when you measured the pavement, you made no deduction for the amount of "grading. Is that a fact'?— A. That is a fact. Q. Had you any instructions from the board or any ofticer of the board to make any deductions on account of grading when the grading liad already been done by somebody else t — A. No, sir ; that was an understanding. Q. Did you go out with Mr. Samo and Mr. Forsyth to make any meas- urement :' — A. Yes, sir. Q. llow did you iniike those measurements ? — A. With steel-tape and rods. Q. Did you take any profiles or cross-sections with you ? — A. When- ever we had them we did. Q. When you did not have them, how did you get along then ? — A. We used the landmarks; we did the best we could. Q. That was just simply making the best guess you could ? — A. We made a pretty good guess, I assure you. Q. IIow did you get at the haul ? — A. I do not think, in many cases, there is no haul charged at all. In the vouchers, of course, the haul was measured. Q. Did yon go to the vouchers to get at the extent of the haul ? — A. If we charged it; but I think whenever the haul is charged it is ratlier less than the actual haul — I mean charged to the Government; but in contractors' accounts the haul is correct. Q. How did you get at this matter of the filling of the canal ! WiTJs'ESS. Do you mean the amount charged to the Government f — A. The quantity of earth in the canal. Witness. The amount cluirged to the Governments — A. Yes, sir. Witness. That is from actual measurement. Q. Did you know where the earth came from ? — A. Yes, sir, a large amount ; 1 know where a large amount came from, but not all. (}. Wliere did it come from ? — A. A part came from Sixth street, a l)art from Seventh street, from Tenth street. Eleventh street, from Twelfth street, and some from New York avenue and Fifteenth street. Q. From Massachusetts avenue ? — A. Not a large part of it, but a large part of it from square 221. Then a very large amount from B street south, G street, F street south, G street south, and as far as I street south. By Mr. Tiiurxan. Had these paving contracts provided for any dis- tance of haul ? The contracter was to excavate two feet — that is, that was in(duded in his price. Was there a haul also included in this l)rice ? — A. We did not consider it so. Q. Did they charge them for haul ? — A. 1 think they got the haul in son)e cases on the two feet of grading. Q. Tliey got the haul where there was AViTNESS. On the two feet of grading. Q. At what rate did they get paid for the haul ? — A. For the first two years the rate was one-half a cent a cul)icyard lor each 100 feet, and the rate, was changed in 187.3 to one cent and a quarter. Q. At first a half-cent a cubic yard for each one huiulred feet haul iug ? — A. Yes, sir. 1692 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Aud after that tbe price was raised to one cent aud a quarter ? — A. Yes, sir. Mr. Mattingly. He explained this morning, in your absence, the reason why a cent and a quarter was fixed. By the Chairman : Q. Did you make an actual measurement for filling the canal f — A. Not for the entire distance. I went over it, I think, as far as Fourteenth street, with Colonel Samo. The balance he made himself. Q. HoAV was that measurement made"? — A. The canal was 150 feet wide, except down from Seventh street up to Maryland avenue; but we took the actual area of the canal as it was, and got its depth and its present level, and of course that must give the cubical content of the canal. Q. How did you get at its depth, from the original surveys of the canal '? — A. No, sir ; that would give considerably more than we gave. We took the side-lines as they existed, and I think allowed two feet in addition to that. Q. How did you get at the sidelines after they were filled up ? — A. We knew exactly how they were. Q, And then you allowed two feet in addition to that? — A. Yes, sir. Q. What was that for? — A. Because the center was considerably deeper than the sides; but I think we cati give you, if you desire, the actual figures which we used for that calculation — the details. A. Did you make out the vouchers to Mr. Cluss for filling that canal ? — A. I do not know that he ever had any vouchers for filling that canal. He filled largely in the canal, but I do not tiiink there were any vouch- ers made out, particularly for filling. Q. Didn't he get a large amount of money for filling the canal ? — A. He got a large amount of money for excavation and then the haul to the canal. Q. That was for excavation ou the streets "? — A. Yes, sir ; and then the haul to the canal, if it was to the canal. Q. This square 210— where is that ?— A. 212, I think it is. That is on Massachusetts avenue. Q. Is that Government property ? — A. No, sir ; it is not Government property. Q. What property is it I — A. It is private property, but for some rea- son or other, with which I am not perfectly familiar, tlie board con- cluded to cut the square down. You know the extreme cat — the exca- vation of the square between Fourteenth and Fifteenth streets — left those gentlemen quite high, and to relieve them from that situation, aud I think for the purpose of avoiding damages, they concluded to cut the square down. Q. They cut down private property and hauled that earth to the canal 1 — A. Yes, sir. Q. Who owned that property that was cut down in this way ? — A. There is Senator Edmunds, Senator Bayard, and some other gentlemen. Among others Commodore Almy, Mr. Fox, Mr. Bryan, Mr. Morsel 1, Mr. Wilson. Q. Have you any means of knowing how much earth was taken from those squares? — A. It must have been iu the neighborhood of 18,000 or 20,000 yards. I will have to go back to the voucher, though. Q. Was that charged up to the filling of the canal? — A. No, sir. Q. Or was it charged up to Massachusetts avenue? — A. That I can- not say ; I suppose the auditor's vouchers will show that. TESTIMONY OF BARTHOLOMEW OERTLY 1693 Q. Who can tell you about that I — A. That will be in tlie auditor's vouchers. Q. I nndorstood from him this morning- that the liaul was chargetl to the canal :' — A. (), certainly we did not charge the haul to the Grov- ernment in the Governuient measurement. Q. Would you charge the Government with the earth ? — A. We charged the Clovernmeut 30 cents, and the haul alone was Q. Is this the fact, that tiie board of public works cut down this pri- vate pr(ji)erty and put the earth iuto the canal, aud charged up that grading to ^Eassachusetts avenue ? — A. I cannot say that. 1 don't think that was charged to .Massachusetts avenue — that grading. Mr. ^LvTTiNCrLY. On Massachusetts avenue, in front of that square, this cutting down of the property, I don't think the excavation went be- yond the buikliug-liue. IIow is that, Mr. Oertly? The Witness. No, sir. By ^Ir. Wilson : Didn't you go beyond the building-line ' — A. Of that square proper ; but I don't think it was charged to the avenue; but that I had nothing to do with. Q. Did I unose there was a Government reservation inside of an avenue and private property over here, (indicating on the diagram.) — A. Then the Government is charged with one-sixth and the private property with one-sixth. Q. The Government would be charged with | ? — A. Certainly. Q, What I want to get at is this, whether you did not charge the Government with § all the way through where there is private property on both sides. — A. Yes, sir. Q. Where there is private property on both sides? — A. Always; we charge the Government §, and the balance, the ^-, is jjro riita per front foot ; whatever that rate was, is chai'ged to the frontage of the Govern- ment again, which is perfectly correct: can you see anything else, Mr. Mattingly? Mr. Mattingly. I don't comprehend it, I confess. Mr, Wilson. 1 wish you would think about that, Mr. Oertly, and when you return to-morrow, I will repeat that question so that you may not be misunderstood. 1 will pass from that for the present. Q. You have in your offlce, as 1 understand you, about completed, a map showing the size of the sewers and the length of the sewers ? — A. Yes, sir ; we have a map which 1 suppose will give all the information you desire in regard to it. Mr. Wilson. 1 would be glad if you would bring the map in. Q. Has your attention been called to the main sewers of the city — the large sewers f I mean such as Tiber Creek, Slash Run. Have you made up an estimate as to the cost of these sewers f The Witness. The total of them 1 Q. Yes. Did you make up the statement that was brought to the com- mittee, showing the cost of the sewers thus far? — A. Amounting to $1,600,000! I think I did. Q. What did yon make that up from "? — A. Mostly from the vouchers we had, I think ; nothing else. Q. What else did you have besides the vouchers to make up that statement from *? — A. Did it state expenditures? I suppose the state- ment is of the amouut of sewerage done, because that included some cer- tain sections, of course, for which no actual settlement, no tinal settle- ment, had been had yet. Q. Well, have yon made up a statement showing what would be the cost of completing this main sewerage system 1 — A. I think 1 gave a statement of the kind. Q. Did you make up the statement in the report of the board of pub- lic works for 1873, showing the amount necessary to complete the main sewerage system i — A. I think it is signed by Mr. Cluss, but I think I prepared a statement. Q. You prepared the statement yourself? — A. I think I did. Q. Was it examined by Mr. Cluss ? — A. Yes, sir. Q. Turn to the report of 1873, page 31. Did you make up that state- ment showing that $1,056,565.07 would be necessary to complete the main sewers? — A. Yes, sir; at that day and that way, about the amount estimated at that time. Q. Then, did you make up the statement showing the aggregated cost of all the main sewers? Turn to page 33. TESTIMONY OF BARTHOLOMEW OERTLY. 1695 The Witness, (after referring: to page 33 of the report, as requested.) iso, sir. Q. Turn back to page 2, and you will find tlie charge there for main sewers of $2,r)l:0,<)8L83. Did you give tlie figures upon which that charge was made ? — A. Xo, sir. Q. Are you able to state to the committee now what tlie wlu)le cost of the main sewerage wouhl be in this (;ity wiien completed .' — A. No, sir. I cannot give it to you. If you will allow some days' time, I can do so, but I haven't it now. Q. I referred to the main sewerage — not these laterals, these private sewers — not the ordinarv street-sewers. It will be, according to these tigures, about $J,GOO,o6o or 82,700,000, the whole cost. Is that cor- rect ?— A. Yes, sir. It will be over $2,000,000. ]Mr. Wilson. I should like to have your figures to-morrow as to what these main sewers when completed will cost, and your figures as to what they have already cost. Q. In nuiking up these statements, do you embrace the prospective sewer down along the river! The Witness. For the completion ? 31 r. Wilson. Yes, sir. The Witness. I did, in one case. Q. What is the length of that sewer ? — A. I could not tell you from memory ; but it is not included in that statement. I think I included it in that statement which was prepared for drainage-sections, Q, When you make up your statement to-morrow, 1 want the cost of the main sewerage that is now either constructed, or in process of con- struction, and which enters into this table to which I have directed j'our attention, pages 31 and 33. — A. 33 is not my table, but 31 is. Q. Where did the earth come from that nuide the fillings on Fifteenth and Seventeenth streets ? — A. That is more than 1 can say. It came from cellars, so'ue of it. Ffteenth street had been in a general lump for quite a long time, and Seventeenth street — the bulk of that filling had been got from various other streets, and a portion also from cel- lars. Q. Who got paid for the grading on Fifteenth and Seventeenth vStreets ? — A. The grading on Fifteenth street was paid to L. M. Hoff- man, (I think he had the contract,) and on Seventeenth street there were several contractors who got paid for it. I could not exactly state now. Q. That having been a general sort of dumping-ground for the city, how did you numage to estimate the quantities '. — A. Just because it had been such a general dump, and had been so very irregular, we were in that instance pretty careful to put the cross sections close together. Q. Did you have cross-sections and profile! — A. Y^'es, sir; in both cases. But, as I say, on Fifteenth street, which had been a very irregu- lar surface, we put the cross-sections quite close together. Q. That is a fill all the way across there? — A. Yes, sir; on both Streets — a heavy fill. (}. Who took the cross-sections there! — A. The cross-sections on Fif- teenth street I thiidc were taken by 3Ir. I'aitridge, who was then assist- ant engine(;r, and those on Seventeenth street, I think .Mr. Mclntyre took them. lie had the profile made. (). After the contract was let for grading and pa\ ing Fil'teenth and Seventeenth streets, where wa.s the earth taken from on which the grad- ing was done? — A. Tiiat, iiu]eeay also for filling the canal ? — A. Xo, sir. Q. In no instance "? — A. No, sir. Q. But simply the grading and the hauling "? — A. That is all. By Mr. Wilson : Q. But you charged the filling of the canal up to the Government? — A. Certainly we did. Q. Then you made the property- holders on this street pay for the grading and the haul ? — A. That possibly may have occurred. Q. That did, didn't it. They paid for grading and the haul, and then the board got the money back from the Government ? — A. I suppose that may have occurred. Q. Did you give the property-holders the benefit of that little opera- tion, or how did they get the l3enefit of it ? — A. I suppose the District got it finally, and the property-holders, too. Q. These particular property-holders ! — A. They may not have got it. That may be the case. Q. Is not that the case 1 — A. It certainly is very plausible. The Chairman. I find here in Mr. Magruder's report, page 162, an account of Albert Gleason for filling of the Washington Canal. What canal is that ? Mr. MAaRUDER. There are a number of such charges. We paid for filling the canal. The Witness. It may be that the haul only was charged in that filling. Mr. Wilson. It charged 10 cents. The Witness. That would not be haul — of course not. Mr. Wilson. Do you know where the earth hauled from about the Patent-Office and Post-OlBlce last summer was taken? — A. It all went to the canal to my knowledge. TESTIMONY OF BARTHOLOMEW OERTLY. 1G97 Q. You chargetl tlic Governineiit with tlie work Jiround the I*ateiit- Oilice and the Post Oliiee, did you uot f — A. A ])ortiou of it. Q. Between tiu^ Patenl-Otlice and the Post-Ollice it is all charged to the Government, is it n<>t ? — A. Yes, sir. Q. And five sixths wherever there is private property opposite ? — A. Y'es, sir. Q. That was all hauled down to the caual? — A. F think it was all hauled to the canal. Q Then, if the Government paid for that excavation and haul around the Patent-Ollice and the Post-Otliee, and the earth was put into the canal, the Government should not be charged with that earth in the caual ? — A. No, sir ; it never was. Q. Are you pretty sure of that ? — A. Certainly I am ; because you will find that the last i>ayment for tillius:;- the canal was prior to the work around the Patent-Office and Post-Otlice. Q. Fifteenth street runs entirely through Government property down to 1> street north ? Witness. To Pennsylvania avenue ! A. Yes. AYiTNESS. No, the north side is private property. Q. All the way down ? — A. 1 thiidi so. Q. How is it about B street north ? Is not there a large part of that that is through Government property all the way ? — A. Yes, sir. The Chairman. Mr. Magruder, I wish you to make a statement of the amount you have paid for the caual. By i\Ir. Jeavett : Q. In regard to B street, where it ruus through Government property, you excavated largely ? — A. No, sir ; that is all filling. Q. Where tlid that earth come from ? — A. That is more than I can tell. I could not designate the street where it came from. I mean a number of streets, and I suppose aportiou came from there. Q. You do not know whether that came from the Post-Ollice building or not? — A. No, sir; I think not, because the improvement had been mostly done when the Post-Office imijrovemeut was made. By Mr. Jewett : Q. I do not exactly understand this statement of yours. The first column of that — the page is a reference to the governor's report. — A. Y'es, sir; to the measurements. Q. The first column has a reference to the pages of the governor's answ<'r ? — A. Y"es, sir. Q. The next — the written matter? — A, That is a description of the work done. Then comes the amount charged to the (Joveruinent. (}. Then on this other side are the vouchers — are the amounts paid on vou(;hers on the same street. Now, take tin' first charge there — how many feet of sewer is it? — A. The first street northwest from Pennsyl- vania avenue to B street northwest, 750 feet. Q. How ut my impression Itorne 1700 AFFAIRS IN THE DISTRICT OF COLUMBIA. out is pretty nearly correct ; was that tbe 18-inch pipe would be a fair average between the 12-inch and the 4-lbot brick sewer. Q. How much more of 12 inch pipe was there laid than 24 ! — A. I could not give the correct statement to you now. Q. Don't you know that there was more than double 12-inch pipe than 2-1-inch ? — A. More that ten times. Q. Then, if there was 10 feet of 12-iuch pipe laid to one of 24, upon what principle would you make 18 an average ? — A. You multiply 10 feet by 12-iiich and one foot by the 24-iuch pipe, and divide by 13. Q. Would that bring out 18? — A. Xo; that certainly would bring out the average price, if those given lengths had been used at the stated price. Q. That you make the average what ? — A. It would make the aver- age price of the pipe representing the value of those two kinds. Q. Would that make it equal to the 18-inch pipe ! — A. No, sir ; it would not. Q. Now you say that was the proportion of the two pipes about? — A. We didu't use much of the 24-inch pipe, but we used mostly the 12-inch pipe. Q. What proportion of 18-inch pipe did you use? — A. That is pretty hard to say, for me, just now. It is a pretty large proportion ; a still larger proportion of 15-inch pipe, and then quite a large i)roportion. Q. Was not the proportion of 24-inch pipe very slight indeed 1 — A. We tried to avoid the use of it altogether. Q. Eighteen-inch pipe was about the best you did use! — A. Eigh teen- inch and 20-inch. Q. Was it not principally 18-inch ? — A. For the largest size, I sup- pose mostly 18 iuch. Q. You spoke of 4-foot brick sewer. Is that included in this aver- age ? — A. Yes, sir. Q. What portion of the sewer was 3 feet? — A. There is quite a num- ber. By Mr. Wilson : Q. Where is this 4-foot brick sewer you speak of? — A. There is one across New Jersey avenue and one on Pennsylvania avenue. Q. Whereabouts is that on Pennsylvania avenue? — A. From Twelfth steet to Tenth street east. Q. When was that put in?— A. In the fall of 1872 mostly. Q. W^here is that on New Jersey avenue? — A. D street south. Q. How much was there of it? — A. A portion there and a portion in Providence Hospital square, and it crosses New Jersey avenue. I think it is only 172 feet. Q. When was that put in? — A. That was put in prior to the other, in the early portion of 1872. Q. Prior to the Boone? — A. No, sir; I say in the early part of 1872. Q. Was there any more than these two pieces you hav-e spoken of ? The Witness. Four- foot sewer ? Mr. Wilson. Yes. A. Yes, there is one on L street. Q How much is there of that?— A. I think that is in the neighbor- hood of 170 feet. Q. Whereabouts on L street is that? — A. On Connecticut avenue. Q. When was that put in?— A. About the same time. Q. Any other place? — A. Not to my remembrance just now. TESTIMONY OF BARTHOLOMEW OERTLY. 1701 Q. Of the 4-foot sewer or 3-foot 0-iiicli sewer ? — A. You bad better let me get the correct length from luy table. Q. Very well. By Mr. Jewett : Q. What is the difference between tlie cost of the 4-foot brick sewer and the -4 incli iron The Witness. Twenty-foiir-inch terra cotta? ]\[r. Jewett. Yes; such as you used. A. I suppose the dittereuce to be from three to four dollars. Q. In favor of which ? — A. The brick sewer would actually cost that much more. Q. And the 4-foot sewer would cost three or four dollars more tbau 24-inch pipe? — A. Y^es, sir. Q. What would be the difference between the sewer 3 feet 6 inches brick and 18-inch pipe '. — A. You had better allow me to make a cor- rect statement of that. I do not carry all these figures in my head, but 1 can give it to you. Q. Then your average includes the brick and iron sewers too ? — A. Y'es, sir; brick and terracotta sewers. Q. Can you give the exact length of each of the various kinds of sewers '? — A. If you will allow me to, I will do so. By Mr. Merrick : Q. Did I understand you to say you made up all the prices for this work that was charged against the Government in this account that was rendered against the Government ? — A. I think you will fin()ard-i)rices. Q. What prices were rendered, were they rendered by you '? — A. Y^es, sir; General Babcock referred tome, and 1 gave him as well as 1 knew, and in this case of the 470, that is exclusively mine. Q. Did you give him the prices also for paving on the streets ? — A. Y^es, sir. Q. From what did you take that I — A. Do you mean the patent pave- ments ? 1 i)rocured a schedule of jtrices Irom the auditor's oihce, and I gave those according to that schedule. You will find that there are two mistakes made, one on Third street and one on F street. Q. Are those the only mistakes ? — A. To my knowledge, 1 thiid<. Q, I would ask you how it comes, then, that on page 308 of the gov- ernor's Answer, in the charge against theGovoriuuent for a wood pave- ment on Pennsylvania avenue, at reservation 21 and 20 ami Nineteenvh and Eighteentli streets, to duirge the GovernnuMit in each case 83.70 per stpnire yard for the i>av«Mnent ? — A. 1 will explain fully. The first measurement, I think, 8100,000, July or August, 1872. These lirst measurements were not made by Colonel Samo, but by a gentleman by the name of Aldrich. Mr. MATTiNtiLY. That has been explained already. Governor Shepherd. Explain again how it was. A. ]\Ir. Aldrich, he rather measured without our assistance ; ;ind lie got up tlie bill of imi)rovements; that is the way it occurred, lie m;id(^ sundry other mistakes. Mr. Stanton. Was that correct ? A. Yes, sir. Q. Wiio made that bdl .'—A. Mr. Aldrich himself. Q. You did not make uj) that bill .' 1 understood from tin' leslimony heretofore given by ."Mr. Forsyth th;it yon, .Mr. Sjinio. and Mi', i'orsylh 1702 AFFAIRS IX THE DISTRICT OF COLUMfilA. made all of the ineasuremeuts of the (xovernmeut work. — A. Except this first one. Q. Of Peuusylvania avemic? — A. And I think some portions of New York avenue, and a few more. Q. Youthen did not put down this scale of prices and these measure- ments ? — A. No, sir. Q. This is the measurement rejtorted by General Babcock and on which the payments were made? — A. You will tind the prices — almost all of them svere made. Q. When were they corrected and how? — A. You will find the cor- rections on page, I think, 414. You will find in the credit given Q. Much credit ? — A. The credit to the District; you will tind the corrected prices $3.50. [The witness i)oints out the corrections to Mr. Merrick.] Q. And that is the case with all these three reservations? — A. Yes, sir. Mr. Stanton. You were asked what was the test of correctness of this column, showing the actual cost from the vouchers; was not each one of these vouchers made up from measurements made by the en- gineers? — A. Yes, sir; very careful measurement. Mr. Wilson. I would suggest to you, Mr. Stanton, that as most of the committee have left, under the impression that the committee wavS aV»out to adjourn, that you had better defer your examination with reference to that until to morrow. Mr. Stanton. A^ery well, sir. The committee thereupon adjourned until to-morrow morning at 10 o'clock. April 20, 1874. William F. Mattingly sworn and examined. By the Chairman : (Question. We have been taking some testimony I'elating to the where- abouts of A. B. Kirtland. Have you any knowledge upon that subject ? and, if so, I wish you would state to the committee all you know about him. — Answer. I have not any knowledge of his whereabouts. I saw Mr. Kirtland while he was here, and I cau relate to the committee all that took place, and the circumstances. Q. State when you saw him. — A. As a prelude to that, I desire to state to the committee this : that after we understood that the commit- tee had failed to find Mr. Kirtlaud in New York, we made every eftbrt to obtain his attendance ourselves, and sent a man on to New York after him. The report we received from him was that Mr. Kirtland was not in the city. He returned. Shortly after that, Mr. Storrs informed me that Kirtland was in town. I had several interviews with Mr. Storrs at the Ebbitt House in the rotunda, publicly, and I intended that they should be so ; he insisting all the time that the man was here. I felt exceedingly doubtful upon the subject, and expressed my doubts to him. Mr. Storrs tinally sent for me one day, or one evening, and told me very positively again that Mr. Kirtlaud was here. I asked him how he knew it. He said that he had been assm^ed so most positively. I asked him if he had seen him, and he said nO, he had not, but he had an ap])()intment to see him on that evening; that he was here TESTIMONY OF WILLIAM F. MATTINGLY. 1703 under the name of Biusmore, or Binuiore — I think some such name as that. I toUl him I was very anxious to find out whether Mr. Kirthmd was here or not ; that we wanted his testimony. He tohl me the hour he had for an interview. I was informed that Mr. iStorrs had gone to the honse of Mr. Wilcox. I did not know whose house it was at that time, and I did not know Mr. Wilcox's name. I never saw him to know him. 1 did not ascertain that eveninf>' who lived in the house. 1 afterwards j>ot the number of the house and the location. It was on Sixteenth street between I and K, or K and L — a brick house. 1 saw Mr. Storrs afterwards and he told me that he had had an interview with Mr. iJinsmorc^ 1 endeavored on that occasion and on several other occasions afterwards to get from Mr. IStorrs a statement as to what Mr. Binsmore had tohl him. He was very mysterious about the matter, and I never could get anything out of him at all. That still rendered it doubtful in my mind as to whether Kirtland himself was here or not. This continued for several days. Mr. Storrs would send for me almost daily. I would see him. lie in- sisted all the time that the man was here, and that he had seen him, and I by my manner more than in words signified my strong doubts. Finally one morning last week — L do not remember the precise day, but it was the day that tlie committee had adjourned over The CiixUKMAN. Thursday. The Witness. I do not know whether it was Wednesday or Thursday. Mr. HuBBELL. Thursday we adjourned over, and concluded to go Friday. The Witness. Well, then, it must have been Thursday'. It was the day the committee adjourned over. Word was sent to me professionally, in confidence, that I could have an interview with Mr. Binsmore at the Ebbitt House. I immediately went up there. I was told the number of his room and went into his room. To be certain that uo job was endeavoring to be put up on me 1 had made incjuiries as to Mr. Kirt- land's personal appearance, so that if I saw him 1 could recognize him. 1 went into the room. He was alone. By the Chairman : Q. What was the number of the room ! — A. I think it was number 19. He was there under the name of Hogle. I went in and spoke to him. His appearance corresponded with the description 1 had had of him, and I had no doubt that he was ^Ir. Kirtland. i told him that we had been endeavoring to secure his attendance, and were exceedingly anxious that he should testify before this committee, and I would be glad if he would make me a detailed statement of tiie entire transaction. He was apparently in an extreme state of nervous excitement; he had a big scare upon him. and api>eared very much indisposed to talk ; he said he had come on here; that he had not decided in his own mind whether he would testify or not, and that was the reason he had remained hero during this time under an assumed name, and had kept out of sight; tliat if he did testify he did not want to come before the committee until everybody else had appeared. I then repeated myreqiu'st to him, that I would like to know from him his relation of all of the cijcum- stances of the case. He seemed very reluctant to talk about it indeed, which rather surprised me, because he had, as 1 uiulerstood, sought t!ie interview. He said that if he came before the committee he did not want to be dragged there by tlui Sergeant-at-Arms, or an ollicx'r, but wanted to coitie voluntaiily. The impression ])roduc"e(l upon mv mintl was that he, not knowing me, was feailiil that 1 might probably disclose 1704 AFFAIRS IN THE DISTRICT OF COLUMBIA. Lis presence here and Lave Lim brougLt up, and, in order to get front him wLat Le would state, I told Lim that he might rest assured that I, under the circumstances under which the interview was had, would notavail myself of the opportunity that I had had to disclose his presence; and that is the reason why I did not. We had a conversation then for some time, and all that I succeeded in getting out of him was upon asort of cross-examination and pretty severe pumping. I asked him as to his first connection with the matter with Mr. Chittenden. He said he was boarding at the Arlington ; at the same hotel with Mr. Chittenden. He had understood that Mr. Chittendeu's object here was to obtain a con- tract from the board of public works ; he made his acquaintance at the hotel-table ; that he entered into conversation with Chittenden, and Mr. Chittenden finally invited him uj) to his room; that he and Mr. Chit- tenden then had a conversation in relation to the probability of obtain- ing a contract, and that Mr. Chittenden informed him that he was here representing De Golyer & McClellajid, and was endeavoring to get a large contract from the board of public works to lay the De Golyer pavement here; that they had talked over the merits of the pavement, and Mr. Chittenden showed him all the papers and documents he had relative to the value of this pavement as a wooden pavement; that he told Mr. Chittenden that he thought he could secure him a contract. I then asked him if he Lad read over Mr. CLittenden's testimony. He said he Lad. I asked Lim wLetLer tLat was correct or not. He said it was sub- stantially correct; tLat Mr. Chittenden was mistaken in saying that he had told him that he could exercise a very large intinence. I then asked Lim wLat influence Le told Mr. CLittenden Le could exercise. He said at first tLat Le did not tell Lim tLat Le could exercise any influence. My remark to Lim tLen was tLat it struck me as very ])eculiar, as it would anybody, tLat Mr. CLittenden would Lave made a contract witL Lim, agreeing to i)ay Lim tLis large sum of money for securing a contract, Le being a comparative stranger to Mr. CLittenden, unless Le Lad made some representations to INIr. CLittenden as to the influence he could control. He appeared to talk about that very reluctantly, and finally said that the influence Le Lad in Lis mind at that time was the influenceof Mr.Page; that he had had a conversation with Mr. Page, when Mr. Page Lad told Lim that he had influence here, and he thought he could secure a contract if opportunity occurred. I then asked him whether he represented to ]Mr. Chittenden what Mr. Page had told him.. He said he had. I then asked him what was done. He said an inter- view was had with Mr. Page; acoukact was entered into between Chit- tenden and Page, in which there was some limitation as to tlie time witLin AvLicL tLe contract was to be obtained; tLat time passed on ;. they were pressing Mr. Page, Page representing that Le was making every effort tLat Le could; and tLat finally Le (Kirtland) became satis- fied tLat Mr. Page could not accomplisL any tLing, and Mr. Page was invited to Mr. CLittenden's room at tLe Arlington, and eitlier tLey succeeded or CLittenden succeeded in getting tLe contract from Lim. I tLen asked Lim what subseiiuently took place. He stated that he recommended to Mr. Chittenden that the services of Mr. Parsons be secured, and subsequently of Mr. Garfield; tLat tLeir services were obtained. 1 asked Lim if Le knew of any interviews between Mr. Parsons and Mr. Garfield and tLe board of public works, or any member of the board; and he said he did not; he was not present at any interviews which they had. I asked him whether he had himself ,'^een any mem- ber of the board of public works. He said he had not. I asked him whether Le Lad ever Lad any interview witL Governor Shepherd. 1 had TESTIMONY OF WILLIAM F. MATTINGLY. 1705- ])reviously been infonned by Mr. Sho]iher(l that he did not know Mr. Kirtland, and, to liis knowledge, had never seen hin). lie said the only interview he had had with ]Mr. Shepherd was after the award had been made, and J)e Ciolyer »S: McClelland relnseay him any poition. I then asked him what dis])osition he had made of the cash. He did not seem disi»osed to talk about tliat matter. It seemed to be a tender point with him. I luessed it upon him in every conceivable way. 1 asked him whether any member of the board of public works, to his knowledge, had received any i)ortion of it. He said they had not; that no persou coimected 1706 AFFAIRS IN THE DISTRICT OF COLUMBIA. with the board aud uo persou in this city had received any portion of it. I tokl him I did not see any objection to his stating to me who had re- ceived it. He said he could not tell me ; that he had used it for his private purposes. I asked him whether he had expended it for his pri- vate purposes, or whether he had given it to any parties to whom he had previously promised any of it. He said a portion of it he had given to parties to whom he bad made previous promises. I asked him who they were. He would not tell. He repeated that it was uo per- vson in this city. I pressed him upon that point, and the only name I succeeded in getting out of him was the name of this man Brown, who has been referred to, this William Colvin Brown. He said he had given him a portion of it. I asked him how he came to give Mr. Brown any portion of the money. He said he had made a previous promise that, if he succeeded in getting these notes, and realized on them, he would pay him a certain amount of money. I pressed him to ascertain from him w hy that was done. All that I got out of him was that he had promised Mr. Brown that money; and I inferred from the general tenor of his con- versation that it was not for Brown's own private use, but was for some one else, through Mr. Brown. I tried to get out from him who it was for, but I could not succeed in doing so. I told him in the commence- ment of the interview that he had placed me in a very embarrassing position ; that we had been endeavoring to secure his attendance ; that he bad information of our endeavoring to get him in New York; that I was very anxious to have him testify, aud saw no objection to his testify- ing. He was undetermined as to whether he would testify or not. He .said he would consider the matter, aud if he concluded to testify he would come voluntarily before the committee and would do so. This is in substance the details of the conversation, so far as I re- member. By the Chairman: Q. Did he not ask you to communicate with any one here as to his presence; to send anybody to him? — A. He told me this; 1 had been iuformed by Mr. Moore of his connection with Mr. Kirtland, and I was anxious to know whether he would say that Mr. Moore had received any portion of this money. I asked him and put questions to him with that view. He told me that he (Moore) had not; that he had declined accepting any of it; that he had promised to give him a portion of either the notes or the proceeds of the notes, I forget which; that he had offered it to him, aud that he had declined to accept it. I asked him what object he had in going to Mr. Moore, and he seemed very reluctant to talk about Mr. Moore. I finally put the question to him whether it was owing to his knowledge of the relation that existed between Mr. Moore and Mr. Shepherd, he knowing that Moore was a member of the firm of Shepherd & Co., and I inferred more from his manner than from what he said that that was the reason why he had gone to Mr. Moore ; that he had known Mr. Moore intimately before that; made his acquaintance here some years ago, I believe. He told me that he had been obliged to keep very close here ; that be did not want his presence known, and be would be very glad to see Mr. Moore, and would be glad if I would send him to him. I saw Mr. Moore, gave him the number of the room, and told him to go aud see him. Q. When was this; do you remember the day?— A. It was on the same day. Q. It was before we took our ride around through the city ! — A. Yes, sir. • TESTIMONY OF WILLIAM F. ^LVTT1NGLV. 1707 Q. i)i(i he isay to you whether or not he had relied upon Mr. Moore to help him about the contract f — A. I interred from what he said that his reason for so"'S' to ]Mr. Moore was to secure 3Ir. .Aloore's influence with yir. Shepherd, if possil)U\ Q. And that he had i»een in communication with ^Ir. IMoore before the contract was awarded .' — A, (), he had known Mr. Moore intimately lor some years. Q. bid he say anythinji' about havinft- used Mr. IMoore in any way before the contract was awarded? — A. He said that he had liequent interviews with Mr. Moore, and that his hopes were that Mr. ^toore would speak to Mr. Shepherd about it. Q. He did not say tliat he had any understanding with iNIr. IMoore as to a division of the money? — A. Yes, sir; I asked him whether he had promised to give Mr. Moore any portion of these notes or the proceeds of them, and he said he had. Q. liut did not in fact do so ? — A. No, sir ; he said he offered them to Mr. Moore, and he declined to take them. Q. Did he tell you the portion ? — A. I had then ascertained from Mr. Moore bis connection with Mr. Kirtland, which 1 was very much sur- prised to learn. He had concealed it from Mr. Shepherd; that is, he had not informed Mr. Shepherd anything" of it. Q. When did Mr. Moore lirst tell you about this matter ? — A. Only within a few days previous to that. By Mr. Stewart : Q. How did that come up ? — A. It came up in this way. I had al- ready explained to the committee before you came in, ]Mr. Stewart, that this man was here under an assumed name, and I was in considerable doubt whether he was here or not, and that I was making inquiries to ascertain the description of the man, so that I would know him if I saw him. Having ascertained that he had been to IVIr. Shepherd's store on the avenue freosition I was in and the jtromisc 1 had made in this matter. The interview was ha. Holmes. Q. He iii(|nire(l of you about Colonel Kirtland :' — A. Yes, sir. Q. Do you know anytliinii' about the purchase of the Harewood estate; did you ever hear anything- al)out the purchase of what is known as the JTarewood estate of \V. \V. Corcoran I — A. I knew some- thing of that transaction, Q. Well, what did you know of it ? State to the committee all you knew about it at the time. — A. I think that L went out in a cairiafje with Mr. William Colvin Brown and Colonel Kirtland one day to Hare- Avood. We were ridinf? out there, and I became impressed with the beauty of the i)roperty. lieturned to the hotel, and stated to ]\Ir J>rown that I would like to buy that property as a speculation. 1 think he stated, or Colonel Kirtland stated, that he knew Mr. Hyde, the agent of Mr. Corcoran. I asked Colonel Kirtland or Mr. Brown, I do not know which — 1 think it was Colonel Kirtland, however — to go and see ]\lr. Hyde and ascertain if that i)roperty was for sale, and how much it could be sold for. I think that one of the parties called upon Mr. Hyde, and Mr. Hyde stated — it was reported to me — that Mr. Corcoran — re])orte directly on the arrival at the Arlington. Q. This was on a Sunday, was it not! — A. I would not be sure that it was on a Sunday, sir. (),. Did you ami Colonel Kirtland and the Rev. Colvin Brown ride out there on a Sunday ? — A. It may have been on a Sumlay. 1 think it was the fore part of the week, or the latter i>art of the week, I do not know which ; but I do not think it was on a Sumlay ; but it may have been. (^. Where was it with reference to that award ; was it after the award, or before ? — A. It was after the award. Q. But before you left for Chicago:' — A. Ves, sir; I think it was the latter i)art of the week, not on Sunday. I think it was the latter part of the week, because I asked one of the parties to come and see Mr. Hyde. i}. ft must have been, then, about the tirst of rluly. — A. I think about the tirst of July. Q. The award was made on the 2r)th of .June ? — A. The award was made on the li.lth of June, and it was near the 1st of July. <^). You left for Chicago a few days afterward ? — A. Yes, sir. Q. Was it before you left for Chicago t — A. Yes, sir. Q. W^heu did you receive this report of whic'i you sjx'ak at Chica- go '^ — A. 1 thiidv 1 received the report a few da.\s after I lelt home. I do not know exactly as to the time. i}. From whom '. — A. From Mr. Brown. Q. What was the nature of that report .' — A. The nature of the report was that Mr. Corcoran would sell the i)roi)erty, 1 think, for >j-J2~),0(H>. I think that was the price, >!22.j,0(JO. The terms could be made satis- factory in regard to the payments, but that was a subject that would have to be negotiated, and that he would undertake to negotiate that. Q. Did you make any answer to that ? — A. I think I replied that I 1712 AFFAIRS IN THE DISTRICT OF COLUMBIA. wanted Mr. Brown to go ahead and negotiate the best t^rui.s that he possibly could. Q. For whom ? — A. For myself. Q. You were purchasing the property yourself, then ? — A. Yes, sir. Q. Was Mr. Brown to have any interest in that property ? — A. Not a word was said to Mr. Brown about having any interest in that ])roperty. Q. lie was negotiating for you, then f — A. Y"es, sir. He was nego- tiating for me, by my request. Q. Was Mr. Kirtland to have any interest in that property ? — A. Not that 1 know of. There was no such remark made to Mr. Brown or Mr. Kirtland that either of them was to have an interest in the Harewood estate. Q. Y^ou were to become the sole purchaser of that property ? — A. The sole purchaser of that property; perhaps I might make some arrange- ment with them for services rendered in securing the property subse- «piently, but no agreement was made at that time. Q. Y"ou were to pay them as your agents ? — A. Yes, sir. Q. When Colonel Kirtland came to Chicago, in August, about the 1st of August, did you have any conversation with him about the Harewood estate, there? — A. 1 did. Q. What was that! — A. I think it was later than August — the fore- part of August — that he was there, but I am not sure. I know that the terms Q. Whenever it was ?— A. I know the terms had been determined by negotiations, through Mr. Brown, about the purchase of that property on time, a certaiu^amountto be paid in cash ; in sixty days another pay- ment was to be made ; and then, I think, live, ten, and fifteen years for the balance — along time — drawing interest at six or seven per cent. I will not be accurate in regard to figures, because it has passed from my mind, but those are the facts in reference to the negotiation. Q. There was a cash payment, and then there was to be another pay- ment in sixty days f — A. Yes, sir. Q. Do you remember the amount of the cash i^aymeut ? — A. I think the cash payment was to be $10,000. Q. All these details were explained to you by Colonel Kirtland when he was in Chicago? — A. No, sir; they were explained by letter by Mr. Brown. Q. Have you got that letter? — A. No, sir; I have not. Q. Did you and Colonel Kirtland talk this matter over in Chicago ! — A. Yes, sir. Q. When was this cash payment to be made? — A. That was to be made sixty days before the first of October. It was to be made at the time of signing the contract. Q. Did you make that payment ? — A. I did not. I authorized — I telegrai)hed to Mr. Brown to draw upon me for that amount. Q. For the $10,000? — A. Yes, sir; and that I would assume the sub- sequent payments ; and Mr. Brown stated that the time had become very short, and that they were obliged to advance it themselves. I found out subsequently that the parties had bought the iiroperty them- selves. Q. Who do you mean by the i)arties ? — A. Mr. Brown and Mr. Kirt- land. Q. Then they purchased the property without including you as a part- ner in the transaction ? — A. They purchased the property without in- cluding me as a partner in the transaction. Mr. Brown subsequently came to Chicago. I did not know at the time that he came to Chicago TESTIMONY OF GEORGE R. CHITTENDEX. 1713 that he regarded himself and Colonel Kn^tland as having any interest in this property. When Colonel Kirtlaiid was in Chicago he did not say he was in interest, nnless he had a coHateral interest with Mr. Brown. The matter was not clearly delined as to their relations in this matter. I was all the time pnrsning the matter ui>()n the liypothesis that the i)roperty was mine — tliat I had i>nrchas('(l the property. Q. That yon were making the pnrcliascs yonrself ? — A. Yes, sir. Q. When ditl the Kev. William Colvin iirovvn como to Chicago? — A. I\Ir. Colvin Brown came to Chicago some time between the 15th of Sep- tember and 1st of October. Q. Did he tell you then thiit lie and Colonel Kirtland had i)nr<;hased this i)roperty ? — A. He had state,0()0 w^as raised that went into that purchase— where it was procured .'—A. No, sir ; I do not know any- thing about that. Q. Do von know what became of that $10,000 ultimately'? Witness. What ■? 10,000 ? Q. Why the 810,0(M» that was paid on this purchase! — A. I have not the slightest idea. I received a letter from Mr. Corcoran, at Chicago, after I had returned from Philadelphia, that he would give me time in this matter, so that I could go on and make a purchase of the property ; but I was taken ill with pneumonia and was ill five weeks, and so the matter jiassed away. Q. Where is that letter? — A. I presume at Chicago. By Mr. STE^VART : Q. This was your purchase? — A. Yes, sir. Q. This 810,000 was advanced on your account?— A. The 810,000 was advanced, so Mr. Brow^n represented, to me in a friendly way. Q. By whom f — A. By himself. I had supposed Mr. Brown himself had advanced that money. Subsequently, on a visit to Mr. Kirtland at Chicago, he stated that he had helped in the advancement of that money himself. Q. Then the condition of the contract, as I understand it, was that if this 810,000 was in the nature of a forfeit A. This 810,000 was in the nature of a forfeit if the payment in sixty days was not made. Q. That payment was not made in sixty days ? — A. That payment would have been due the 1st of October, but it was not made at that time. Q. Then the 810,000 was forfeited !— A. That I do not know. 1 know nothing about that matter ; it passed entirely from me. Q. If it was your trade, and the money w as put up for you, why you were the person that would stand the forfeit of it. — A. It ai)pears that both Mr. Colvin Brown and Mr. Kirtland, by reading the testimony, did not regard it as my trade, because I see they entered into arrange- ments to defeat it and divide it between themselves. This 810,000 being their own money, I do not know what disposition was made of it. Q. But you supi)oscd, until this time, that it was your trade until you saw this arrangement? — A. Yes, sir; I had supposed it was my trade. If I had raised money in Philadelj)hia, the 810,000 would have been a part of that. Q. Did you not think it a little strange tliat they should have the money refunded to them that had been paid on the forfeit if it was your trade?— A. I had nothing to do with tliat ; these parties handled it themselves. Q. But it was your transaction, and the 810,000 had been paid up as 810,000 forfeited. Didn't it occur to you they might come back on you for the 810,000? — A. I understood, subse(iuently, that the matter was arranged in some way. Kirtlan«l told me it had been arranged in some way. It had been sold to the Soldiers' llome, and that hence that 810.000- well, it was their matter. (^ I thought it was your nuitter ? — A. Well, Senator, I want to be very clear about this matter. 1720 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. I wish you would bo. — A. Yes, sir; I was pursuing tins matter upou the hypothesis that 1 bought the property, but Brown and Kirt- land were pursuing it on the hypothesis that they bought it, but they kept the fact back from me. Q. So I understand, but they did not keep the one fact back that they had put up the $10,000.— A. They had made an advance of $10,000. Q. That fact you knew"? — A. Yes, sir. Q. You were informed of that tact ?^— A. Yes, sir. Q. But yon knew that $10,000 was to be forfeited if the $00,000 was not paid on the 1st of October. — A. Yes, sir, the $10,000 was to be forfeited. That was according to the terms of my contract. Q. You understood that the $10,000 was put up ou your account ? — A. I had supposed so, until I was informed to the contrary — up to the time 1 was in Philadelphia. Q, You did not receive any demand from them for the $10,000? — A. Kirtland informed methe i)roi)erty had been sold to the Soldiers' Home, and there would be no trouble about the $10,000. A. How came he to tell you about that in Chicago ; what led him to tell youf — A. I think I telegraphed to Washington, when Colonel Kirt- land was here, to have Mr. Corcoran wait. I think so, but he did not get the telegram, and the property was sold to the Soldiers' Home. Q. Then how did the conversation come up — how came he to tell you that the $10,000 was provided for? — A. Of course I felt an interest in still having Harewood, if I could. This was after I had recovered from my illness. "Q. You didn't feel an interest in getting rid of the liability of the $10,000 forfeited, that this man put up for you. It seems to me — I do not know very much about business — but it seems to me if I should authorize my agent to buy a piece of property, to make a contract for me, and he should make a contract, by the terms of which the first payment should be forfeited if the second was not made — the i)ayment of $10,000 ; and had also informed me that he had paid the $10,000, put up that forfeit himself, and when I failed to come up with the second payment. I shoukl have expected a demand from my agent for the $10,000. — A. Suppose he had stated that to you that he had sold the property — that the property had been sold for the Soldiers' Home, and the $10,000 carried to you ? Q. If they made a report to you to that effect, why it would be all rjoiit? — A. That is the report Colonel Kirtland made to me. It W' as his money he advanced, and, of course, he was looking out for it. Q. Kirtland said the property had been sold to the Soldiers' Home, and he had received his $10,000 back? — A. I do not say he had received the $10,000 back, but 1 do say it was arranged for in a satisfactory way to him — in some way that it was satisfactory to him. How it was arranged I do not know. Q. Did he say he had got his money? — A. No, sir; he didn't say that. It was arranged in some way that it would be satisfactory. When I owe a man $10,000, the only way I succeed m arranging it is to pay it. Q. And you owed your agent that ten thousand dollars. He said it was arranged — the ten thousand dollars had been arranged — and did not tell you how it was arranged, and did not tell you how — whether he got the money or not? — A. When Kirtland came to Chicago he showed me a document executed between himself and Mr. Brown in Avhich they were to get one-half of this Harewood estate, which was my first knowledge of that fact. I at the same time showed Kirtland a TESTIMONY OF GEORGE E. CHITTENDEN. 1721 docnment wliorein I was to have tlirce-fourtlisof the narewood, and one- quarter was to ^o to lirowii, and signed by Brown also, Q. I tliou,<4ht the first time you heard of that arranoenient l)etweea tlieni, tliat tiiey were to share. Share and share alilce I — A. Was ou the second visit ot Ivirthmd to Chicago. Q. You did not learn that from these letters this morning for the first time f — A. No, sir. Q. I so understood you ; perhaps I misunderstood you. — A. These letters were new to me, except so tar as I wrote myself. Q. I understood you this morning: — I might be mistaken — I under- stood you to say this morning that this matter of their negotiations oa their own account was new to you entirely; that all this correspond- ence ? — A. It was new up to a certain time. It was all new to me when I was in Pliiladelphia. It was all new to me while Brown was in Chicago. When I went on to Philadelphia I was working in perfect good faith in the whole matter. Q. Then, it was not new to you when these letters were read to you this morning by .Judge Wilson ? — A. These letters were new, but that one point had been communicated to me by Kirtland himself. Q. And then these letters did not take you so much by surprise ? — A. The letters, of course, 1 had uever heard, except the telegram 1 got from Philadelphia. Q. You knew that they were dealing on their own account? — A. Yes, sir. Q. Who is Mr. Sturges ! — A. Mr. Sturges was my own friend in Chi- cago. Mr. Colvin Brown did not know Mr. Sturges at all, excei»t as he knew him through me. I got these bonds from Mr. Sturges through a lu'gotiation, Q. Was ]\[r. Sturges interested in the purchase ? — A. No, sir ; not at all. 1 sold some paper to Mr. Sturges. Q. Had Mr. Sturges promised to let Mr. Brown have the money to purchase this with? — A. O, Mr. Brown was acting entirely — that is, ]Mr. Sturges was a friend of mine, and Mr. Brown had no authority for saying that Mr. Sturges wouUl do this for him. It was only through me that this whole thing was done. Sturges was my friend ; not Brown's friend. Q. That statement in the letter, then, is not true ? — A. I do not want to say any statenu^nt is not true. Q. Is it possible for statements to be made by somebody that are not true sometimes? — A. I do not like to contradict anybody. Q. Then you mean to say that iNIr. Sturges had agreed in writing to advance this money ?— A. 1 had the bonds from Mr. Sturges myself. Mr. Sturges had performed his part with me. I was going to Philadel- phia, to negotiate these bonds. Q. Mr. Brown says in writing that you had agreed to advance this money ? — A. Mr. Sturges performed his agreement with me. I do not think there was any agreement in writing. I had a negotiation with ]Mr. Sturges, and became the possessor of tliese bonds. i^. You can state whether you pronounce that untrue or not. It seems to me your statement conflicts with that letter. — A. My state- ment is correct in that matter. Q. Then you had no arrangement whereby you and Colvin Brown and A. B. Kirtland were to purchase Ilarewood at all? — A. I had no ar- rangement wliat<'V('r, except the arrangement 1 have referred to. Q. Now, is it not a fact tliat, after you got this award, you and Kirt- land and Colvin Brown went out to the Ilarewood estate, and came to 1722 AFFAIRS IN THE DISTRICT OF COLUMBIA. tlje conclusion that yon would put the proceeds of tliivS contract, to- gether with the per([uisites 3"ou had got on these notes, aud raise the uioney, and pay $70,000, and make the first payment on those, and get time on the balance, and thus make a specuhition out of Harewood witli the proceeds of the DeGolyer contract? — A. I never entertained that thought for one single moment. The idea of purchasing Harewood was entirely independent of any transactions with Kirtland in regard to these things. Q. One fact does appear : that some three men were engaged in this — yourself, Cohnn Brown, aud Kirtland. You three men were engaged in getting this contract and handling those notes. The fact is now estab- lished that the first payment made of ten thousand dollars was the proceeds of those notes. Ira Holmes cashed the first two notes, paying twelve thousand and odd dollars to Kirtland. Kirtland had ten thou- sand dollars sent to JRiggs & Co., and had it in his owu name. He came here and drew it, and put it up, so that the money that was paid was paid out of those uotes ? — A. I never knew that was paid in that way until I read Mr. Kirtland's testimony. I never knew anything about it. I never knew the money was raised iu that way at all. I never knew what disposition was made of diose uotes — not a dollar. My transaction was entirely independent of any transaction in regard to the contract. I went upon another basis entirely, whatever Kirt- land and Brown may have resolved upon between themselves. Q. You were the principal in the transaction, and the forfeit that was put up was put up out of that money ? — A. It is exactly as I stated to you. Q. I am not denying that, I only wish to show you how peculiar it all is — that it is a strange coincidence. — A. The transaction was entirely independent, so far as I was concerned, with anything connected with these notes, either directly or indirectly. Q. Does it not appear to you to be remarkable, under the circum- stances? Here you, Kirtland, and Col vin Brown were in the habit of sitting at the same table at the Arlington ; you were engaged for sev- eral months in negotiating this contract, and you finally got this $72,000 in notes, which were drawn in favor of Kirtland; that immediately upon getting the award of the contract, you three went out to Harewood and took a look at this property 1 — A. We did not go out for that purpose We went out for fun. Q. One of the others, then, you do not recollect which, you ordered to negotiate with Mr. Corcoran for the purchase of the Harewood estate. Mr. Colvin Brown did negotiate with Mr. Corcoran for these parties. You were negotiating constantly after this with Mr. Colvin Brown, Mr. Kirtland came out to Chicago and had an interview with you, and sells a portion of those notes; raises $10,000, among other things, and makes the first payment on Harewood with that identical money. Then you are found in Philadelphia trying to raise more money to put into this transaction ? — A. Trying to raise all the money, including the $10,000, from my stand-point. Q. But you were trying to raise the money? — A. I was raising the money that had been advanced. Q. When this thing fell through you say to Rev. Colvin Brown that this failure to carry the thing through in your opinion is "hell ?" — A. No, sir; it was the negotiations of Philadelphia that were in that way. By Mr. Christy : Q. I notice, Mr. Chittenden, in looking over the testimony that De Golyer & McClelland made objection to consummating their part of this TESTIMONY OF GEORGE R. CHITTENDEN. 1723 transaction, because of tlie fact tliat lie presented an award instead of a contract. Xow, what arguments did you use to overcome that objec- tion when you met that tirm in Chica<^o ? — A. My opinion was that the award and our letter of acceptance of the award constituted a contract. Mr. De Golyer was here and went back to Chicago. Then I received tliis information from them, stating the fact of having the contract. I then went to Chicago and submitted it to my attorney at Chicago, and he said the award was just as good as a contract. Q. Who was that attorney ? — A. Charles Hitchcock Mas my attorney at that time. Q. IJut it was not because you said to them, tliis has been secured by the influence of parties who can control the matter, bat because an at- torney in Chicago stated that the awanl was equivalent to a contract regularly executed by the boar. For that reason there is less diflieulty in your remembering what passed between you. Now, in the second business couversatitm, what letters were written. Q. Just refer to your iiieiiioraii(la, and see if you have not a letter there dated the Kith July. — A. [After referrini;- to menioranda.] Yes, sir. Q. It was before tlu\t letter was written ? — A. Y\^s, sir. Q. Do you remember how many days before f — A. Xo, I do not. (^). Did Mr. IJrown write you that any other parties were interested witli him in this transaction ' — A. Xo, sir. Q. Did you have any communication with any other parties except- ing Mr. Brown? — A. No, sir. Q. ^N'hen this $10,000 was paid for this estate, how was it paid to you ; — A. It was paid to me by a check payable to me or bearer, Mr. Kirtland's check on Riggs c^ Co. Q. Mr. A. B. Kirtland's check on ll\ggs & Co. for $10,000 !—A. Y"es, sir ; payable to me or bearer. Q. Did you give a receipt for that check ! — A. Xo, sir, not that I know of. (}. You gave no receipt '? — A. I have no recollection, and I do not think I did. il- Did ^Ir. Brown express to you that this money was de|)osited to the credit of A. B. ICirtland t — A. Yes, sir. Q. lie did at that time? — A. Yes, sir; at the time. Q. \Vliat did Mr. Brown say he (lesired to do with this estate ? — A. He said he was going to make a private residence of it. Q. Did you talk with him upon that subject? — A. This was brought out by my objecting to selling the place for the purpose of cutting it up. I did not like the idea of the identity of the place being destroyed, and I put that question to him. He said that he intendeU it for a pri- vate r(\sidence. Q. Did he afterward tell you that he had one or two otlier friends that also wished to be in it? — A. Y'es, sir; tliat there were, perhaps, two [tarties tliat he might like to divide it with. Q. Who also wislied to have summer estates near \Vasiiingron ? — A. Y"es, sir. I then communicated with Mr. Corcoran on the subject, and he said timt he wouhl not object to such an arrange^ient as that, if the matter was consummated. i). Did Mr. Corcoran return that money — the $10,000? — A. Y^es, sir; $10,000. Q. To whom ? — A. To Mr. Brown, by check to his order, and by him indorsed. Q. Check payable to the order of W. Colvin Brown '? — A. Y'es; sir. Q. Do you know what he did with the money ? — A. No, sir. By :\Ir. Wilson: Q. What time did you get that $10,000? — A. Do you meai! what time did ]Mr. Cocoran get it ? Q. What time was that $10,000 paid by Mr. Brown ?— A. On the 8th of August, ISTl*. Q. \Vhat time did you return it to him? — A. On the 4th of October, of the same year; after the matter had entirely faileelieve that is all. There were vouchers for bills paid." Mr. Christy. That excludes these, for these were unpaid. By _Mr. Mattingly, (to the witness:) Q. You have stated the amount of the bills .' — A. My let) > states that, sir. 172(S AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Christy : Q. I find an entry upon your book in regard to the interest paid upon a note of Lewis Olepbane; what is the explanation of that"? — A. I do not know ; I cannot tell you. Q. In your cash account I find a number of notes given by Hallet Kilbonrn, which seem to have been discounted ; were there any notes given by Lewis Clephaue the proceeds of which were used in that busi- ness ? — A. I do not know whether there were or not ; I could not tell you. Tliey raised money on notes, as Mr. Evans testified himself. The notes I did not see, Q. Be kind enough to refer to any entry showing the amount of money raised on that note of Lewis Clephane upon which you paid interest to the Freedmaii's Bank. — A. I have no entry here of it that I know of or recolle(;t now. Q. I find an entry there, " Order of William E. Chandler, from H. C. to L. C, $2,500." Can you explain what that means f — A. I do not think you find that here. Q. it is in the books of the Washington Asphalt Company. — A. I would like to have yon siiow it to me. Mr, Christy, (to Mr. Wilson.) I gave you a statement of the abstract I got from the books. Mr. Mattingly. Do you remember the date of that entry, Mr. Christy ? Mr. Christy. No, sir, I do not ; it refers to " W. E. C." The Witness, (to Mr. Christy.) I thought you said " William E. Chandler." Mr. Christy. I have an abstract made of the entries that I deem it important to examine this witness upon; I have reason to suppose that it shows Mr. Kilbourn's relation to it. The Witness. I do not know anything about that ; there is no such entry here ; at least if there is 1 do not know it. Mr. Christy. I will look at it again and show you. Q. Tiiese, then, were not carried into your a(;count when yon were examined the other day 1 — A. Only two, I think, Q. And do not now appear on that book ? — A, No, sir. Q. Now, if you will allow me to look at that journal of yours, I will find you that entry. Mr. MattinCtLY. Here is the question and ansvrer of the witness, on page 1358 : Q. Is there anytbinjj iiusettled with reference to these pavements, excepting the lumber bill? — A. Yes, sir. I think there are some other bills not settled. Q. Do you know what they are — their nature? — A. I think there is some little ma- erial for the asphalt pa\ emeut and some labor at the niacbine-sho'ps here, or souie- hiug of that kind — preparing the machinery, boilers, &c>. — quite a large bill, I believe. Mr. Merrick. If you will look at page 13G3 you will find this : Q. Then these books will show the entire cost of this asphalt and wood pavement that has been laid down by Mr, Evans ? — A. They will not show the entire cost of the wood pavement. Q. ExceiJt the lunibci ? — A. Yes, sir. y. They will the asjil alt ? — A. As far as I know, they will. As far as he kno>^ s those books would show the whole cost of the asphalt pavement ; that is what he stated on th(^ first examination. The Chairman, Yes, but Judge Merrick it d )es seem now that there was other asphalt t hat does not appear. Mr. Merrick, 1 understand that, sir, but the point was, that the witness had stated <>n the former examination that there were other TESTIMONY OF H. C. EVANS. 1729 vouchers in reference to the asphalt pavement which had not been brongiit into the aceoant. It is to show that his statement was incor- rect at that time. Pending the examination of Mr. Evans, the committee took a recess until 2 p. m. 2 o'clock r. M. The examination of H. C. Evans was continued. Mr. Christy. I desire to call the attention of the committee to certaiji questions and answers in connection with the testimony of this witness on page 13G2. I read: Q. Have you any other vouchers except what are represented on these books ? — A. No, sir. Q. Any other accounts? — A. No, sir; up to the last day on these books. Then on page 13G3, in reply to a question of the chairman : Q. Do they explain all the transactions relating to the asphalt company and the M-ood-paving company ? — A. They do to the extent of my knowledge. Tliere are pay- rolls and other books that show the i)ayments to the men, &c. ipe, ijiLb") per foot. r2-incli Ijends, 80 cents per foot. 12-inch + 80 cents per foot. 15-inch bends, $1.10 per foot. 15-inch + SI. 10 per foot. 18-inch bonds, §2 per foot. 18-incb T's, $2 per foot. 18-iuch -\- $2 per foot. Have you made any investigation to ascertain whether or not such price-list was furnished ? — A. Yes, sir ; I have. Q. What was the inquiry and its results ? — A. I understood that the house of Link «& Black made them an offer in the year 1871, and it be- came my duty, as an officer of the association to which I belonged, to make an investigation of it. I made that investigation, and learned that no such offer was made in 1871. Q. State the association, if you please. — A. The association is the Eastern Clay Mainifacturing Association of the United States. Q. Were the i)rices of that time such as were indicated on this list in 1871.? — A. No, sir ; not by a long shot. Q. How did they differ ? — A. They were very much higher than those prices. By Mr. Wilson: Q. Have you a price-list? — A. 1 rliink 1 Ikinc, in my overcoat. Q. Produce it, if you j^lease. Mr. Stanton. It says about the time wlicn the boord of public works went into opc^ration ; that would be in 1871. ^Ir. Wilson. 1 want to kn(>w for wliat year this i)rice-list is. The Wi'j'NKss. That piice list took effect on the 1st day ol" January, 1871, and has continued unchanged ever since. 1734 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. I see it is adopted by the Eastern Clay Manufacturers' Association, in convention, December 19, 1872. — A. The first association was a yearly one, and we re-organized every year. This last association was made perpetual, and we date from the second organization. The first associa- tion went into force the 1st of January, 1871. Q. But tbis price-list seems to have been adopted on the 19th of December, 1872 ? — A. It is the same price-list as was in force in 1871. By Mr. Stanton : Q. Mr. Kitchie, of the firm of Sperry & Ritchie, engaged in the man- ufacture of sewer-pipes at Akron, Ohio, testifies, on page 1384, that the following were the prices at which sewer pipes were furnished by his firm to the board of public works: 6-inch, 17 cents a foot; 9-inch, I think, 40 cents; 12-inch, 56 cents; lo-inch, $1; and 18-inch, $L19. [To the witness.] How do those prices comi)are with the market-rates in the year 1872, when Mr. Ritchie testifies that his firm furnished the pipe? — A. Do you mean in the year 1872"? Q. Yes. — A. They were very far below card-rates, and very far below what the average of pii)e was bringiug in the eastern and western mar- kets, and so low that no first-class factory could allow them as a rule and continue to keep their doors open. Q. What would be the circumstances which would justify the furnishing of sewer-pipes at such rates at that time! — A. O, well, a manufacturer could sometimes reasonably do that under certain circumstances. In our business we do not do much in the winter, for instance. If we desire to keep our doors open and our men at work, we accumulate large stocks and run out a great deal of money, and a man can come along in the winter, and when a large amount of pipe was paid cash for, we would sell it to him on the same principle that manufacturers sometimes send goods to auction ; to receive the money on it, no matter what the cost was. We want the ready money ; we will sell at a large loss oftentimes, and, under such circumstances as that, manufacturers would sell at those prices, probably. Then, again, there are years when business is very dull and trade fiuctuates ; not much building going on. Those years we accumu- late a large stock if we run and keep our men under shelter or about us, and we are more disposed to sell out iu'any of those years, even losing money on it, so as not to get our men scattered or our machinery stoi»ped. Q. Would you call the rates thus indicated as having been procured by the board' of public works, high or low, atjjiat time? — A. We would call them very low. Here, among the manufacturers, they are called sheriff prices. Mr. Stanton. I would like to put in evidence the price-list of these particular articles. By Mr. Jewett, (to the witness :) Q. What is the object of that price-list ? — A. To sell the goods by. Q, W^hat is the object of the association '? — A. To limit discount from becoming too high and ruining manufacturers. Q. Point in that list to the discount limited. — A. There is no dis- count mentioued on our list; it would not be policy to do it. Q. Who was it who had made a proposition, or to whom it was re- ported a proposition had been made, about which you inquire as a member of the association ? — A. Messrs. Link & Black, one of the largest houses in the United States. TESTIMONY OF WILLIAM T-. WILSON. lioO Q. Where are they locateil? — A. In Phihi(lel[)hia. Q. How much h)\ver \va.s their proitositioii than the price-list at which you sold i — A. Thau the prices at which I actually closed with the b(»ard ? Q. Yes. — A. Well, I should judge rouj^hly that it would net theiu about 20 per cent, less than Itiiruished the board at; just roughly, uu- less you want it exact. Q. Why did you inquire '? — A. J received iuforuiatiou of thc^ fact, and it theu became my sworn duty to investigate it. It was really a com- plaint against that house. Q. A complaint of what ? — A. That in the year 1871 tUey had violated their pledge to the association, and sold at less than the associatiou allowed. Q. What WHS the price allowed by the association in 1871 ? — A. The price is in that price-list that I handed to you, and to certain trades there was a certain discount allowed for. Q. Is that mentioned in the paper! — A. No, sir; we don't mention that. This is our card-price to consumers. Q. What was that discount ! — A. To plumbers, architects, and build- ers we allowed Hfteen ])er cent, for cash. Q. "Messrs. Link & Black, according to the rumor, had allowed a hirger per cent, i — A. Yes, sir. Q. You were a sworn otidcer of the association ? — A. Not at that time ; not in 1871. I was not, but at the time this complaint was received I was. Q, Were you at the time you made a sale to the board of public works ? — A. I was ; yes, sir. Do you mean was I an officer ? Q. Yes, sir. — A. No, sir. I was a member of the asvsociatiou. Q. A member of it, and bound by its rules ? — A. Yes, sir. Q. And as such you had a right to complain of Mr. Link ? — A. Y^es, sir; as members we have a right to complain of each other for every- thing aud anything. Q. Upon what principle did you sell at a discount of 40 per cent. ? — A. When the association met in 1871 — we always uiet in December — I asked a special dispensation from the association to furnish the board of public works in Washington at lower tlian association rates, for a cer- tain reason, and the association granted it to me and to all the iiiem- bers alike. That lowered the ])rice in this market very much indeed. Q. What was the reason ? — A. The reason was that we had competi- tion with foreign pipe. Q. Any more competition here than elsewhere ? — A. Well, I think there was, for the reason that this was a very large matter in our line, and we imagined that the importer of foreign pipe wanted it all, aud we et a sliare in tlio matter, went a trifle under me; but none of us were very particular ; noue of us would have died of grief if they had cut otit our contract at any tiuie; we considered them very low l)rices, indeed. V>y Mr. Wilson: Q. What time did Mr. Wall come into your employ '? — A. I cannot tell you the exact date. It was three or four or hve months after he was out of the employ of the board of public works. Q. Can you give us the year and the time of the year? — A. I think it was in January, 1873. Q. Tliat he went into your employ ! — A. Yes, sir. Q. In what way was he in your employ? — A. He was my traveling agent ami salesman. Q. Did lie make any sales to the board of public works for you! — A. I think there was a vsale made in 1873. This last shipment that I am speaking of here — one or two of the last shipments. Q. What was the extent of that sale? — A. Seven or twelve thousand dollars ; 1 don't know which. Some small amount. Q. Dill you pay hiui a percentage on the sales? — A. No; I paid him a salary and traveling expenses. By Mr. Stanton : Q, You speak of deductions having been made by the board of public works; what were they for? — A. The board were very strict in their ins|)ection of the pipe, and any pipe that had the slightest defect was thrown out without mercy. The same pipes engineers in the North would readily put under the grouiul was refused by tliese engineers and iuspectors here, and they left them on our hands; sometimes as much as $500 or a $1,000 taken off of a settlement for pipes rejected. By Mr. Wilson : Q. Were not, afterward, pipes which had been rejected, taken by the board ? — A. Not that I know of. Quite a number remain on our hands yet. By Mr. Stanton : Q. Will you look at this list and find the prices and kind of pipe in- dicated in tills price-list of Link «S: Black ? — A. For the 12-lnch pipe, that is down in this printed testimony of Mr. Evans at .55 cents a foot; our card-[)rice is80 cents. The 15-in(!h [»ii)e in the jiriuted testimony at 90 cents a foot, in our card-price is $1.1*5 a foot ; the 18-incii iilpe, iu the lirinted testimony $1.15, isinour card-price $1.00; the iLJ-incli bend, iu the printed testimony at 80 ceuts per foot, is $3.75 a [liece iu the card- price. The 12-inch double t's, at 80 (;eiits per toot, would rate, one size of them, about $2.75 a foot. The 15inch bend, at $1.10 per foot, card- jirice, is $5 a foot. The 15-incli double t's at $1.10 per foot, part of thrill would be somewhere about $3 or something over a foot. The LSinch bend, at $2 per foot, card-price, is $7.50 per foot. The 18- incli t's, at $2 per foot, one size of them is $3 a foot. The 18-inch double t's, $2 a foot, rate at the card-price something over $4 a foot, should judge. By Mr. CnRiSTY : Q. Did you have a contract with the board of public; works ? — A. Well, we had a contract in a way. We did not have a derinite written formal contract. We proposed to furnish them goods at a certain price. 1738 AFFAIES IN THE DISTRICT OF COLUMBIA. Q. Was that proposal in writing' ? — A. It was, sir. Q. Filed with the board of pnblic works ? — A. I cannot answer i)er- sonally. I am not personally cognizant of that fact, whether it was filed 5 bnt it was in writing, and the board of public works would not ac- cept our figures, but cut them down very much, and said we could fur- nish at that price if we chose. By Mr. Stanton : Q. That is at the reduced price ? — A. Yes, sir ; they cut down our figures very much, even more than I supposed. Then they gave us permission to furtiish goods at their rates. It was so low that I could not bind myself to furuish in any amount, atid I suppose the tacit un- derstanding was that I should furnish what I chose under those prices. By Mr. Christy : Q. Then the board finally, refusing to make the contract at the price that you indicated, did determine to accept, provided you would furnish at another price indicated by them ? — A. Yes, sir. Q. Was that resolution of the board, or determination of the board, transmitted to you in writing? — A. I think it was. It was the certified copy of that portion of the minutes of the board that I considered made the contract. I did not ask for anything more definite or formal, be- cause, at those tremendous low prices, I did not want to be bound to furnish any given quantity ; so I just took the matter as it was. They furnished us a certified copy of the minutes. Q. And it was under that that you furnished so much pipe as you did furnish ? — A. Yes, sir. Q. And no other contract? — A. And no other contract. Q. I understand you to say that you received a dispensation from your association to furnish to the board of i)ublic works of the city of Washington certain pipe? — A. Yes, sir. Q. Was that at the rates that they subsequently agreed to receive your pipe for, or the rates that you first proposed to furnish for ? — A. The association, in giving all of the different members the right to sell to the board of public works, did not fix any rates, but gave them per- mission to do as they pleased, or, as it was rated, their right to go to the devil in their own wa.y. Q. That also included the firm of which you complained — Link & Black ? — A. Yes, but this was 1872, not 1871 — the year they were alleged to have made this offer. Q. This contract was in January, 1872 ? — A. Yes, sir. Q, Then your first purpose was to exclude from this market foreign pipe; that induced you to offer at these low rates? — A. O, yes — no, sir, you are wrong there. It was not altogether the motive. Q. That was one of the motives ? — A. We had our pipes to sell. The manufacturers, at the end of the first year of the association, com- plained that trade had been dull and their stocks had run up on their hands. This binding of prices had kept them there. They then alluded to the fixct tluit there was a large contract in the Washington market which, unless the prices were unloosened, the importer of foreign pipe would certainly take out of their mouths ; and these two reasons, the surplus of stocks and the want of money and the desire to beat the im- porter of foreign pipe, caused the association to grant the members the right to do as they pleased down here. Q. So those were the motives operating upon your mind in January, 1872 ? — A. About those motives ; yes, sir. TESTIMONY OF WILLIAM L. WILSON. 1739 Q. Then you contiiinod to furnisli pipe at those rates until July, IS 7. "3 ? — A. Yes ; off and on. Q. With a contract, as you understood it, that did not bind you ex- cei)tin<; at your own volition ? — A. Yes ; just so. Q. Did all these three causes that combined to induce you to make this olter, continue until July, 1873 ? — A. Xo, sir; it was like an inter- mittent fever ; sometimes it w^as, and sometimes it was not. Q. Then why was it that you furnished at such times as this inter- mittent fever was upon you ? — A. Well, whenever we ffot a heavy stock of goods ou hand and got very low in pocket, we would come down here and rei)lenish a little. Q. !So I understand you to say that tliese rates at which you furnished these ])ipes were really unprofitable to you ? — A. Yes, sir ; decidedly so. Q. And yet you continued, after the causes had been interiupted or entirely suspended, to furnish until July, 1873? — A. No, sir; I died oft". (}. Did not Mr. Wall obtain from the board of public works a con- siderably higher price for the pipe than you would have obtained if you had furnished under your contract ? — A. No, sir, not the value of a rot- ten feather. • Q. Well, why was it that he had to nudvc a new contract, while the 1740 AFFAIRS IN THE DISTRICT OF COLUMBIA. other was in force ? When did you, in fact, rescind it ? — A. Tbi.s is the first knowledge I had that he made a new contract. Q. What do you mean when you state that he made sales to the board of public works ? — A. I do not know that he made any contract. I never heard tell of it. He received an order from the board of public works. That is the proper term. We had considerable w^ork on hand. The board of public works were doing some of the tallest pipe-laying that ever I heard tell of, using up thousands of feet a day, and 1 presume they asked Captain Wall if we had any, and we said we had. " Was Mr. Wilson willing to furnish at the old price?" He wrote to me would I do so. I looked over my stock and bank-account, and I thought I had better furnish a little and get some money. Q. That was in 1873, was it? — A. Yes, sir; that was in 1873. There was no new contract; no new bargain or negotiation at all. Q. None of these reasons operating on your mind, and yet upon the application of Captain Wall you furnished pipe at the old rates to the board of ])ul)lic works, because they were then paying money for the pipe. Is that true ? — A. On the appUcation f He had nothing to do with applying to me to do it. He merely transmitted to me what information he gathered in the market, and then it became me to do or not to do as I pleased ; that was all. He wrote to me that the board of public works would now receive some more pipe if I was willing to furnish it. Q. What time in 1873 was that ? — A. I cannot tell you exactly the date. Q. Were they in fact pajing cash for x)ipe at that time ? — A. So I un- derstood, and I understood up to the minute that bonds were put in their hands. In fact, when he received the bonds, I got a telegraph from him which read, " $10,000 cash," and I supposed it was cash. Q. When was this "? — A. It was somewhere about the first of Sep- tember, 1873; I remember that particularly ; I was going away, and ■\vanted the money at the time. By Mr. Stanton : Q. You considered the arrangement effected by the board of public works a pretty shrewd business operation on the part of the board ? — A. I think it was ; I think they bought their goods lower in our line than they could — than anybody else could have bought, or will again be able to buy for a long time, until our wages and coal come down very much. The wages in our business being very low-priced, it is not l^robable they will ever come down. Mr. Lewis Clephane recalled. By Mr. Wilson : Question. Have you those books ? — Answer. I have those books. Q. Where are they ? — A. They are here. Q. Let me look at them. The Witness. I desire to say to the committee just here that I should be very glad to furnish those books to the committee for their personal inspection, and would be very glad to have them examine them thoroughly ; but I have very decided objections to other parties out- side of the committee examining them, unless the committee, after examination, shall deem it desirable to have them do so. There are pri- vate business transactions, and I would like for the committee to exam- ine them all thoroughly, and then, after that examination, if they think they should be made public, I am perfectly willing they should be. < Mr. Merrick. You are very complimentary, Mr. Clephane. TESTIMONY OF LEWIS CLEPIIANE. 1741 The Witness. I think yon will see the Jnstiee of my objections to havin100 shares; L. Clephaue, trustee, 100 shares ; leaving a balance undistributed of 300 shares. Q. Did that distribute the whole of that $200,000 of stock ?— A. Yes, sir. Q. Were these parties assessed on this stock ? — A. Yes, sir. Q. What amount ? — A. Twenty per cent, of the stock. Q. I will read again : On motion, it was ordered that the assessment of 20 percent, on the stock heretofore made be extended to cover all tlie stocic of tlie company, and tiiat the balance of the stock unappropriated be distributed among the original twelve stockholders. W^hat stock was that — that three hundred shares ?— A. These twenty- five additional shares, and distributed to each of the original twelve shareholders. Q. 1 will read again : Mr. Huntington moved that as soon as the condition of the finances justified, the president be autliorized to declare a dividend of 20 per cent., viayablc in scrip, or otiierwise, at the discretion of the president. Adopted. Ou motion, the meeting ad- journed. Was there ever more than 20 per cent. i)aid on this stock ? — A. No, sir. (}. Was that 20 per cent, paid in cash, or was it [)aid in s(;rip(livi- dends of 20 per cent. ? — A. It was [)aid first iji cash, but did not remain long, because we soon declared a dividend, after we got through with the work on Pennsylvania avenue. It was soon paid back. Q. Were you then at work on Pennsylv'ania avenue ? The Witness. What is the date? (I. This is the 9th of January, 1871. — A. No, sir; we had gotten through at that time ; finished up. f^. If you had gotten tliroiigii at that time, what was the occasion for levying a 20 j>er cent, dividend on this stock ? — A. We had completed the work, but liad not received the pay. Q. What was the occasion for calling in the 20 per cent., requiring 1744 AFFAIRS IN THE DISTRICT OF COLUMBIA. tlie parties to pay in 20 per cent, in money f — A. Simply to distribute tlie stock to the parties in interest and make it stand on the same foot- ing. The original twelve had paid in and we thought the others should pay also. And, in fact, we needed some money at that time to help us to meet our engagements. Q. And then you made a dividend of 20 per cent. ? — A. Yes, sir ; ■which brought that all up — which wiped that all out — paid backfall that was paid in. Q. I see that there were two hundred and seventy-live shares distrib- uted to yon as trustee? — A. Yes, sir. Q. For whom did you hold those shares? — A. I bold them in trust for the company — certain parties. They left it optional with me to dis- pose of that stock, and they made it to me in order to wind up the whole concern, and made it to me as trustee, and left it optional with me to dispose of it. Q. I don't know as I entirely comprehend you.-.— A. I say the whole stock was distributed at that time, and this extra stock was placed to me as trustee. The fact was that there were a good many parties w^ho claimed that they must have some stock in the company, as they wanted it. It was very desirable stock to be had, and some parties who wanted it we didn't desire to have in the company, so the whole thing was made to me as trustee, with power to use it as I might think best. Q. What did you do with it "? — A. I used most of it ; some of it 1 re- tain. Q. What did you do with this stock ? — A. The stock-book there will show how all of the stock was disposed of. Q. Cannot you tell us who got that stock? — A. I really have forgot- ten ; it is there. I hold some of that stock as trustee yet. Q. Do you hold the whole of it? — A. I^o, sir. Q. To whom did you transfer it? — A. I really forget. It is in there — you will find it there, toward the last. [Pointing to stock-book.] Q. Did you pay up 20 per cent, on this trustee stock ? — A. Yes, sir ; it is all paid up. Q. Was that paid with your own money, or money out of them pany ? — A. It was paid up with money out of the company. Q. Company's stock? — A. Yes, sir; and paid back Avhen the parties got the stock. Q. Did you transfer it to parties, and then did those parties pay in their 20 per cent.? — A. No, sir; I held that stock a long while before 1 gave it out. Q. Who did you give it out to ? — A. Well, I think there was some of it given to a man by the name of Spicer, and, I think, Mr. Evans got some of it — John O. Evans. I can tell you by looking at the stock- book. Q. Here are 100 shares. This was transferred May 3, 1873, to Samuel Emery. Where will you find Samuel Emery's account? — A. In the ledger. By Mr. Jewett : Q. What was the par value of the stock ? — A. One hundred dollars a share, Q. Did Samuel Emery ever pay for that stock ? — A. Yes, sir ; he paid the 20 per cent. You will find it in my name and then transferred. Q. I find here a charge against Samuel Emery for 100 shares of stock, July 24, 1873. — A. It is transferred on the books there in May. Q. These are your books ? — A. Yes, sir. TESTIMONY OF LEWIS CLEPHANE. 1745 Q. How is it transferred in May and you don't charge liini witli it until July ? — A. I don't know why that was. You see we were not do- inj;- a regnhir business at that time, and I suppose probably i may have nejilected to enter it. Q. When did you dedare a dividend of 25 per cent. ? — A. That was in October last, likely. Q. I lind here under the same date, July 24, he is eharf?ed with a div- idend of 23 per cent. — A. That is the dividend of 25 per cent. We have declared altogether 35 per cent. Q. You say in October. It is charged here July 24, 1873. — A. I don't know how that can be. I think it was in October we declared that div- idend of 25 per cent., at the time we decided to wind u|) the company. Q. State where I can tind where ^Ir. Emery paid you anything for that stock. — A. Y'ou will lind it charged to me in my account, I guess. It is to nu» as trustee, and then transferred afterward. Q. It is charged to you as trustee, but in your hands it belonged to the company '? — A. Xo, sir. Q. You held it for the company ? — A. I held it in trust and to be paid in, the same as any other stock — 20 i)er cent, on it. 1 simply transferred to him. Q. 1 understood you to say to Judge Wilson, a moment since, that whatever you paid on account of this stock was out of the moneys of the company. — A. It was uot exactly out of the moneys of the com- l)any. I held it, and I accounted for all the stock the same as 1 would if 1 held it individually. Q. Do you mean so far as any assessments were made on this stock held by you as trustee, that you paid for it out of your individual mon- eys ? — A. Yes, sir. I held, the stock entirely myself until it Avas trans- ferred. Q. But that is not the question as to your holding it. It shows here you held it as trustee. Xow as trustee for whom .' — A. Well, it would be as trustee for the company. Q. Now as trustee for the company when an assessment was made uixiu it you paid that assessment as trustee of the company? — A. Y^es, sir. Q. Y'ou paid it out of the moneys of the comi)any ? — A. Yes, sir; and it was all paid back prior to iMr. Emery getting that — the whole of that money. At first you see the whole stock is credited with 20 per cent. l)aid in. So that before he got it, it was all balanced up so far as the payments of the 20 per cent, were made. Q. Then when you transferred this stock to Mr. Emery ? — A. He got 25 per cent, of the profits. Q. When you transferred this stock to ^Ir. Emery you, as trustee of the company, had received from the comi)any in divideiuls the full an)(Huit which you had paid on account of the stock as such trustee ? — A. I>y assessment. Y^ou will find that the stock-account was all balanced ni» long before that by the dividends paying for it — 20 i)er cent, on each shiire of the stock, and I held, of course, that dividend on that stock as well. (}. Then when you came to transfer to Mr. Emeiy you gave him that stock for nothing '! — A. He comes in then for the profit. Q. You, at the same time, gave him a credit for $2,500 as a dividend of that stock '. — A. On the profit. Q. As dividends on tliat stock '? — A. Y"es, sir. Q. Then was the ]U()]»erty of the company at that time equal to the amount of its capital stock in value .' — A. NVe really had no i)roperty. 110 D c T 1746 AFFAIRS IN THE DISTRICT OF COLUMBIA. We liad paid back all that had been paid in, and what we had there were the profits of the company, which we were dividing and have been divid- ing, at the rate of 35 per cent. — 25 per cent, at that time and 10 per cent, since that, making our profits about 40 per cent. — 5 per cent, we hold for expense of keeping pavement in repair. Q. I do not find any record of the 10 per cent, dividend of Mr. Emery ? — A. It has not been paid. The credit of 25 per cent, is there, I believe. Q. Then you gave this stock to Mr. Emery withaut any considera- tion? — A. It virtually cost him nothing. Q. Turn to the next. That disposes of one hundred shares of this stock. You have disposed of one hundred shares of this trustee-stock. To whom did you give the rest? — A. I see the other is held by Mr. Evans. I see it has not been transferred yet. Q. To whom did you give it ? — A. I think it was given to him. He owns a great deal of stock which has never been transferred on this book here — stock which was bought from different parties. Q. Did he buy from you as trustee ? — A. Yes, sir. Q. What did'he pay you ? — A. He paid the 20 per cent. in. Q. When was that ? — A. That it is liard for me to remember. It was a long while back. Q. Does the stock still stand in your name? — A. Yes, sir. Q. You have never transferred that? — A. No, sir. Q. What was the next transfer you made ? — A. I think these are all. I think 50 shares and 25 shares are all. The other I have. The one hundred shares I stdl hold. Q. Do you hold that for the benefit of the company? — A. For the benefit of the company. It has never been disposed of. Q. Do you hold it for the benefit of any individual ? — A. No, sir ; I calculate to have that myself. Q. Why did you give Mr. Evans shares of stock ? — A. We thought he was a good man to have in with us. Q. Was he not a stockholder previously? — A. No, sir ; I think not. I do not know that he appears here at all on the books. He bought a lot of stock, but I do not think any of his stock has really ever been transferred. Yes, here is one place I see, " Transferred from stock No. 15." That is stock that he bought from Moses Kelly; "II" is also stock from Moses Kelly — fifty shares each. By Mr. Jewett : Q. There are no such accounts or transfers of fifty shares each here ? — A. i say it has not been transferred on the books. He holds the stock, but it has never been transferred on the books of the company at all. By Mr, Bass : Q. You have an account of it ? — A. Yes, sir. By Mr. Jewett : Q. There is an account, I see here, with Mr. Evans for eighty-four shares of stock. Were you the secretary of the company ? — A. No, sir. Q. Did you issue that stock "^ — A. The stock was issued to him. Q. By you ? — A. By the secretary. Q. From whom ?— A. There is Moses Kelly, fifty shares, No. 14 ; and Moses Kelly, No. 15, fifty shares ; he has one hundred shares in all. That eighty-four might have been prior to this last. This was May 23, 1872. TESTIMONY OF LEWLS CLEPIIANE. 1747 Q. And this stock was all put into your hands as trustee, with full authority to dispose of it as you pleased ! — A. Yes, sir. Q. And you i>ave it away without any consideration ". — A. Some of it I gave away without any consideration. I took Mr. Evans iu, and he paid just exactly what was paid in, twenty per cent. By Mr. Stewart : Q. Did he come iu before the money was earued ; did lie advance it ' — A. Xo, sir. By Mr. Jewett : Q. If he paid the 20 per cent, you paid it back to him agaiu ? — A. I liold that 20 per ceut. There was nothing paid on it at all. The whole stock was wiped out. By Mr. Wilson : Q. He got 25 per cent, profit, and the stock besides, for nothing f — A. Yes, sir. By Mr. Jewett : Q. It says, "leaving balance undistributed of 300 shares." What became of that ? — A. That was distributed among the twelve original stockholders. It all shows here. Q. Without any consideration whatever ! — A. Y'es, sir. (}. IIow much stock did Mr. Murtagh have f — A. Twenty-five shares. Q. Did he ever have any more than that, either directly or indi- rectly ? — A. No, sir. Q. What did his stock cost him? — A. The same; twenty per cent. Q. Was the result of his operation exactly the same as these other gentlemen ? — A. No, sir; he was one of tlie original stockholders at the time of that distribution. Q. Has he transferred liis stock ? — A. Yes, sir. Q. To whom ?— A. To the First National Bank, I think. It has never been transferred on our books, however. I paid Mr. Swain, cashier of the First National Bank, the dividend. Q. How much stock did Mr. Noyes have ? — A. Twenty-five shares. Q. Is that all he ever had '! — A. Yes, sir. Q. His was the same? — A. Yes, sir. Q. Does ]Mr. Xoyes own his ? — A. I think he does. I do not know of any transler. Q. Do you know" whether Mr. Emery held his stock on his own ac- count, or somebody else's? — A. On his own. Q. You knew nobody else in the transaction? — A. No, sir. The way Mr. Emery came to get this, he claimed to be originally in the Ballard interest. There was a considerable fight as to whether we should let him have it at all. Mr. Emery claimed that he was entitled, from the fact of being conne(;ted, or having an interest in the Ballard Company. We declined to let him have it when we first organized. Q. Was there any 20 per cent, paid him on these 300 shares? — A. No, sir; that was paid out I will state that in that matter we twelve had to carry the whole machinery on, pn^tty much, ami they raised the money on it, and we made an assessment on them, and considered it 20 per cent. We made a loan merely for the company. Q. So that that 300 shares with tin; ]U(jfits of it were distributed to the oiiginal twelve stockholders, without any consideration being paid by them ! — A. Without any additional consideration. 1748 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What was the real reason for wiudiugup this company ? — A. Well, the real reason was that we did not thiidv that Mr. Shepherd was favor- ing us at all. He felt, I think, a delicacy about favoring us because of our combination. Q. You hadn't lost much ? — A. ISTo, sir ; there were so many in it that when Ave divided it up we didn't consider that it was paying us, and that we could do better — we who were active in the concern and running the whole machine. We thought we could do better for our- selves. Q. Wasn't this the real reason, that you had some parties to whom stock had been distributed in the manner which you have indicated, and whom you regarded as dead-heads in this buvsiness, and that you wound it up for the purpose of preventing them from getting further profits from the business? — A. No, sir; that was not the cause. Q. Was that matter never discussed among you ? — A. Yes, sir. Q. Did that have nothing to do with your winding up of this concern ? — A. It might have had something to do with it. Q. Didn't it have a great deal to do with it ? — A. It had a great deal to do with it ; there is no doubt about that. I didn't feel, myself, like carrying the whole machinery on myself, advancing money and having all the trouble, when I could do it by myself, individually, and receive a great deal more profit from the labor and expense thus incurred. Q. There was some money you have not yet distributed ? — A. Yes, sir. Q. What have you done with it? — A. I have it. Q- Have you had it in your possession all the while f — A. Yes, sir ; not money, however, but certificates. Q. Have you loaned any of it to anybody"? — A. No, sir. Q. Never ? — A. No, sir. By Mr. Bass : Q. Can you tell by this book what the gross amount of your contracts were with the board "? — A. Y^es, sir. Q. How much were they ? By Mr. Wilson : Q. In that connection I desire to ask you another question. I see by the record that all contracts are to be made by the iiresident in the name of the company. Was that done ?— A. 1 think not. I made them individually — most of them. Q. What is the reason of that when your records require that you should do so ? — A. I do not know of any particular reason ; I had to fur- nish the bond, &c. I do not know that I had any particular reason for doing it. Q. Was your company assenting to the taking of contracts in that form ! — A. Yes, sir; they had no objection to my doing it. By Mr. Bass : Q. As appears by this statement, the gross amount of your paving contracts done in this city was $595,805.93. That is correct f — A. Yes, sir. Q. The profits of your company were $80,0001 — A. Yes, sir; making about 17^ per cent, on the entire work done by the company in Wash- ington City. By Mr. Mattingly : Q. How much of that was done under the board of public works "? — A. Only $330,000 of that was done under the board of public works. TESTIMONY OF LEWIS CLEPHANE. 1749 The other was done under the commission appointed for the pavino- of Pennsylvania avenue and M street. We received, as I stated tlie other day, for Pennsylvania avenue, $3.9.") and 8;».75, and for M street $.'3.10, wliich is a nnuth hioJier rate than was i)aid by the board. I have shown our profits to be much greater upon what we did before the board came into existence than afterward. It api)ears in the testimony hoW' muck I have done for the board of i)ublic works. It does not appear in the testimony what I did previously to that time. By Mr. Merrick : Q. Does that represent your individual contracts, or the aggregate? — A. Both. Q. How nuu'h was the company's contract! — A. The company's con- tracts, 1 stated, under the board of public works, were $19.5,000, and these to be added to it. By the Chairman : Q. "STliat T want to get at is the amount of work done for the benefit of this :\Ietropolis Paving Company, upon which this profit of $80,000 Avas made ". — A. 1 will state that this is how it stands : The aiuount of work done by us on Pennsylvania avenue and M street amounted to $264,831. By Mr. Bass : Q. Tluit was not for the board of i)ublic works ? — A. Xo, sir ; we did for the board of public works $19r),r);>2, making an aggregate of $400,083, which is about 17i per cent, profit. By Mr. Wilson : Q. What are your own individual contracts? — A. My own individual contracts amount to about $135,000. Q. Xow, I understood you to say, day before yesterday, wheu you were on the stand, that Governor Shepherd had stock iu this ! — A. No, sir; I did not. I s?iialdwin ever paid for it? — A. Yes, sir. Q. What did he pay ?— A. He paid INIr. Young $2,.j00 for it. Q. For how many shares? — A. One hundred shares. Q. Did !Mr. Baldwin get any dividends on that stock? — A. He did. 1750 AFFAIRS IN THE DISTEICT OF COLUMBIA. Q. Wlieii did he make that payment ? — A. He gave me notes at the time, and I heUl the stock until the notes were taken up ; they were re- newed once or twice. Q. When were they taken up ? — A. 1 think just prior to that transfer to him on the books. The transfer seems to have been October 10, 1871, of 100 shares of stock. Q. Did he pay that monev to you ? — A. He took up the note. Q. Wlio?— A. Bahlwin. '^ Q. Did he pay the money to you? — A. No, sir ; the note was in banlv. Q. AVhat bank ? — A. That is more than lean remember ; but I think it was the Bank of the Metropolis. Q. Who deposited the note there? — A. I think I deposited it, or, pos- sibly — I forget whether that note was given to me or whether it was given direct to Mr. Young. I think it was given to me. I know 1 car- ried it some time for him. Q. For whom ? — A. For Mr. Baldwin. Q. Did you pay Mr. Yonng the money ? — A. Yes, sir ; I paid Mr. Young the money. Q. When ?— A. When I sold it to Mr. Baldwin. Q. Then you carried the notes yourself? — A. Yes, sir. Q. Mr. Baldwin paid the money in the bank for your own benefit ? — A. Yes, sir. Q. What did Mr. Young pay for this stock? — A. He paid the same as the others — 20 i^er cent., and sold it for 2o. By Mr. Bass : Q. I don't understand one thing. It appears that your contracts with the board of public works, and with the old government together, were .$460,383. Your aggregate contracts were $595,805. — A. You get in, you see, this $135,000, wliich I did individually. Q. How?— A. Outside of the company. Q. Did you keep the account in these books? — A. No: it has not been kept in these books. It has been kept outside. Q. Then, that $135,000 worth of work of which you speak furnished no part of this $80,000 profit? — A. O, no ; not at all. • Q. So the $80,000 is the protit on $100,383 ?— A. Yes, sir. By Mr. WiLSON : Q. Who was interested with you in the work outside of the com- pany ? — A. In a portion of it Mr. Evans and Mr. Kilbouru. Q. Anybody else ? — A. No, sir. Q. Was there any other person interested in any i^ortion of tlie work that Evans and Kilbourn were not interested in ? The Witness. Of my work ? A. No, sir. Q. Some you had in your own individual right; anybody associated with you i — A. No, sir. Q. And some you had with Kilbourn ? — A. They were interested. By Mr. Christy : Q. When was that company dissolved ? — A. In October, 1872. By Mr. Merrick : Q. Was Mr. James G. Berrit a stockholder in that company ? — A. No, sir ; never. Q. None of the shares transferred to him at anytime? — A. No, sir. Q. These contracts that yon have spoken of, the amount of which you TESTIMONY OF LEWIS CLEPIIAXE. 1751 liiive given, did tliey include the contracts of Evans and Filbert, iu wliicU you were interested? — A. No, sir; these are exehisive of those contracts. Qr In their name, iu which you had au interest ? — A. Yes, sir; I didn't keep those accounts. Q. 1 understand that. By Mr. Christy : Q. You were present with Mr. Kilbourn and Mr. John O. Evans in New York in August, '71, were you not '. — A. Yes, sir. Q. You were there at tlie time Mr. Kilbonrn wrote the letter with ■uiiich we are all familiar? — A. I kiunv nothing about the letter until I saw it published in the New York Sun. Q. Since your attention has been called to that letter, have you be- come satisfied of the truth of the statement contained in the letter ? The Witness. In what respect ? Q. So far as the statement relates to any of the pavement companies in this District, or are they inaccurate ? — A. I do not know to what you refer. (}. I will refresh your recollection. [Mr. Christy then read as fol- lows :] Evans, Clcphane, and myself loft Washinoton last night to visit Philadelphia and this place and "gobble nii" all the aspliait or concrete pavements we can. In Phila- delphia, to-day, we secnred Filbert's vnlcanite pavement, which is being nsed (juite extensix'ciy in the park, and has the very best recommendations. We shall close up the business to-morrow in l)lack and white. We bonght a steam-roller to-day from an English agent, who orders it from Livi^rpool by cable to-night. It costs, delivered, about .^5,200. We shall secure another stone-breaker and a lot of asphalt to-morrow. The board of public works have advertised for proposals for i)aving, to be opened next Friday, the 1st instant. We propose to be prepared for them. We had to make a small ring of about seven persons in order to aeeomplish results. In this ring we put all the concretes. Evans, Clephane, yourself, Ktdly, Kidwell, and myself comi>rise six of the " ring." We shall put it in the best shape possible. We shall try and control the entire lot of asphalt pavenuMits. We will go home Sunday evening and get all things in readiness for 1st SeiJtember. Q. Now, I wish you to say what, if any, portion of this is incorrect. — A. The statement in regard to our nudcing an arrangement with Dr. Filbert for his pavement is correct. The statement as to the purchase or arrangement for the purchasing of the steam-roller is incorrect. The statement about "gobbling up" I know nothing about; lam in no way responsible for it, and I did not know there was any such ar- rangement. The statement about securing another stone-breaker, that I know nothing about. I had a stone-breaker at work here at the tipie, and we talked about having another stone-breaker, but made un arrangement about it. (i. As to the amount of asphalt? — A. I did nothing about it. I do not think any purchase was made of asphalt at all. Q. Do you desire now to contradict any other part of this letter :' — A. I do not know any other part of it. (^. Don't you think that has the air and si)irit of a conspiracy ? — A. No, sir ; I do not. (^). You don't ? — A. I do not. (}. Admitting all this to be true, every statenuMit of this letter, in- cluding this : " II. D. C. tells me to draw' on him for 820,000 cash, for real-estate pool?" — A. That I do iu)t know anything about. Q. That being admitteiiibination in 1752 AFFAIRS IN THE DISTRICT OF COLUMBIA. the nature of a conspiracy ? — A. I should think not. I do not see how auy man can draw sncli an inference. Mr. Hamilton. That is rather a question of law. The Witness. I think so. I do not think any man could draw such an inference. Mr. Christy. The reason I asked this question of this witness is this : He prefaces his statement under oath, with round sentences, vsaying that certain malicious slanders are in the charges made by the memo- rialists. The Witness. I so regard them. Mr. Christy. Now, I wish to ascertain whether these malicious slan- ders are made by Hallet Kilbourn or by the memorialists. The Witness. That is a question for you to decide. I do not con- sider that there is any slander in his statements ; but I do consider that there is a slander when you attemi)t to say that I conspired to defraud, which you virtnally do in your memorial. I am talking of the memorial and not of that letter. The Chairman. Tiie committee will look over that memorial and see what there is in it. Mr. Christy. The committee, however, listened to that which I deemed a very singular statement which he was permitted to make in this very unusual charge, as a witness under oath, and he gave signifi- cance to it by saying " I am under oath," The Chairman. He had been sworn previously ? Mr. Christy. But he also called the attention of the committee to the fact he had been sworn as a part of this testimony. The Witness. The charges are not made under oath. By Mr. Christy : Q. Did you, in fact, before you went to New York, have any experi- ence whatever in laying concrete pavement ? — A. 1 had some little. Q. Very little, was it not ? — A. Very little. Q. In what part of this city? — A. On G street, between Seventh and Ninth. Q. Who were interested with you in that? — A. There was no one. I took the contract and did the work for a man by the name of Dr. Gibbs. Q. The contract was completed ? — A. Yes, sir; I think it was com- pleted. I am not certain about that, however. I do not thiidv it was completed. Q. Who apprised you of the fact that the board of public works would let any concrete carriage-ways to be laid in this city before this tiaie ? — A. I was aware that they had advertised for patent pave- ments ; the concrete is a patent pavement, the same as wood, and in order to contract for it, as a matter of course, we must secure the right to lay it. Q. As a citizen, you are familiar with the i^ublic documents of the board of pnblic works ? — A. Only so far as published. Q. Were you not aware of the fact that they had in express terms pronounced against patent improvements of all kinds ? — A. I think not at that time. Well, that may be. Now I would state, you talk about the i)urchasing a stone-crusher; there was a large amount of macadam work to be done, and that stone-crusher was really bought directly with reference to that macadam. Q. You do not apply that, of course, to the steam-roller? — A. Yes; to the steam-roller also. TESTIMONY OF LEWIS CLEPIIANE.' 1753 S Q. I thought you spoke of the stoue-ernsher. — A. The crusher also. Q. They were both bouiiht for maeadaui i)aveinent ? — A. Yes, sir. Q. Did uot you and your associates believe, when yon snbniitted your bids to the board of i)ublic Avorks, that the awards would be to the lowest bidder? — A. Yes, sir; that was my idea. Q. And you had no other? — A. I had no other, Q. And it was not for the purpose of informing the t)oard of i>ublic works, that you made this bid ? — A. No, sir, Q. To what extent did you purchase asi)halt, or arrange for asphalt! — A. None. We went around to the importers of it in regard to the prices : we made no purchases at all. Q. Did you not negotiate with S. M. Pike for certain patents that h had control of, for concrete pavement in the city of New York ? — A. No, sir. Q. Did either of your associates ! — A. Not that I am aware of. Q. You were not advised of that f\ict ? — A. No, sir. Q. Did you with any other person in New Y'^ork ? — A, No, sir. Q. Did von in Philadelphia f — A. No, sir; I do not know Mr, Pike at all. Q. I mean with any other person in New York? — A, I did, for an asphalt pavement. Not at that time, however. Q. At any time prior to the letting of the board of public works? — A. Yes, sir. Q. Did you in Philadelphia ?— A. We did with Dr. Filbert. Q. And no other persons ? — A. No other persons. Q. AA'hy was it that you made these extensive arrangements prior to that letting ? — A, To be ready for contracting ; no other purpose. Q. What assurance had you that you ever would receive any of these awards ?-^A, None, whatever. Q. And yet you invested in these to the extent mentioned in his letter without any assurance whatever that you would receive au award :' — A. Without any assurance whatever, either directly or indi- rectly, Q. You were subsequenth- a member of the Washington Asphalt Company ? — A. Yes, sir. There was no company organized; but I had an interest in it, I believe. Q. Yon were also president of the Metropolis Pavement Company, as you here stated ? — A. Y'es, sir. Q. All your contracts required you to keep your pavement in repair for three years? — A. Yes, sir. Q. Do yon consider that you obtained no advantage in being allowed eacli to go surety upon bonds for the other ? — A. I think uot. Q, You stated, in a former exannnation, that you were assessed at a rate tlien mentioned, and that you had interests in stocks? — A. Yes, sir. Q. And also certain interests in real estate. I desire to know what stocks you estimate as making a portion of your Avealth, wliich you stated to be 8.^0,000 ? — A. Well, I do not know that it Is necessary that 1 should stiite what stof^ks 1 own of every kind. Mv. .MAT'i'LNGLY. I tluidv 1 luust object to that. Mr, ("iiKiSTY. 1 will sul)mit this (juestion to the chairnian. T asked I\Ir, Clepliane tliis question : to what stocks he referred wIumi he stated that he had sto(;ks and estimated them at a value in order to arrive at his aggregate wealth at the time tiiesc! awards were nuide, or at least tiie contracts entered into and bonds given. I want to ascertain whether he is correct in that statement, prefacing by saying that he ap- pears to have gone as surety upon bonds to a very large amount, when 1754 AFFAIRS IN THE DISTRICT OF COLUMBIA. at the same, time he was upon those bouds as principal, aggregatiug together 8317,000. I also laid as a part of the foundatiou the fact by the testimony of the witness that these pavements were required to be kept in repair for three years. I deem it a circumstance of importance to show certaiulj^ that these parties were very largely favored by this arrangement. The Chairman. You are asking the question with a view of ascer- taining the responsibility of Mr. Clephane. Mr. Christy. Yes, sir. Mr. Jewett. Do you want to show that he misrepresented the value of his proi)erty ? Mr. Christy. No, sir ; but I want to show that the assessed value of his estate at that time was only $12,000, and yet he was allowed to in- cur liabilities to the extent of $317,000. Mr. HuBBELL. Would his stocks be assessed f Mr. Christy. No, sir; that is the very reason of my inquiring as to their value. Perhaps we may eliminate all the difficulty from this. To the Witness : Did you estimate in that the amount of stock you held in the Metropolis Paving Company? — A. Yes, sir. Q. You say that you were charged with the duty of distributing that stock ? — A. Yes, sir. Q. I ask you, now, if the reason for that was not because there were controversies between the company and various persons as to their right to receive the stock ?— A. Yes, sir ; I stated that, I think. Some claimed stock that we did not think should have it. Q. There were persons claiming an interest in that stock that yon were not willing to recognize f — A. Yes, sir. Q. What services had they rendered for the company? — A. We did not consider that they had rendered any. Q. Did they claim that they had rendered services ? — A. I do not know that they did. What they claimed was that they had an interest in these pavements with the other parties, and we declined to recognize it. Q. Were there any of these parties who claimed that they had ren- dered services in obtaining the ])assage of these bills through Congress for the paving of Pennsylvania avenue and M streets ?— A. I do not know that there was. Q. You say that you subsequently gave to Matthew Emery A. I do not, sir. Q. Samuel Emery? — A. That was it, sir. Q. You say that you gave him a certain amount of stock ? — A. Yes, sir. Q. For what reason was that given to him ? The Chairman. All these transactions took place long before the or- ganization of the District government. Unless you wish to connect it iu some way with this investigation, I do not think it is proper. Mr. Christy. The committee inquired in regard to this transaction with|Samuel Emery. The Chairman. You can see the injustice it would be doing Mayor Emery to undertake to investigate that question iu his absence; you certainly see that. Mr. Christy. But it is the cordmittee that have gone into the subject. Mr. Hamilton. Well, the committee have traveled out of the record a good (Wa\. The counsel ought to show them a better example. f* The Chairman. I suppose that matter may have come out incident- ally that Mayor Emery had stock here. Mr. Christy. I will ask the question direct, whether Mr. Emery was TESTIMONY OF LEWIS CLEPIIAXE. 1755 not one of the commissioners under Avliom M street was paved at the time? I do not want to do injustice to any one, and it may correct itself. The Chairman. If seems to me that it wouhl be an injustice to Mayor Emery to investigate that now. Tliat was all done before the board of public works came into the examination. Mr. Jkwett. The question of the committee as to that point was to see whether that stock, as held by the different parties, was held in good faith. That the witness explained. JNIr. Christy. There was an inquiry made as to Mayor Emery. jNIr. Jewett. Not to-day; not since 1 have been here. Mr. AViLSON. No, no; I asked whether ^Mr. Emery held stock in his own right, and the witness answered that he held it in his own. That is my recollection of the question. Air. Christy. I agree with the committee that the question is not one of any gravity as to us. By Mr. Christy : Q. Have you ever had a settlement with your partners in the Wash- ington Asphalt Company ? — A. No, sir. Q. Have you ever given any attention to their books ?-^A. No, sir ; I have never seen their books. Q. You never have examined them ? — A. No, sir. I had a statement from Mr. Evans, I believe, in regard to it. Q. What was the interest of John O. Evans in that company; what projiortion of the interest did he hold ? — A. He held a half, I think ; I think jMr. Kilbourn and myself a (piarter each. Q. What was the reason of that unequal interest; did he furnish more money than you or the other gentleman? — A. Yes; he conducted the whole business, and carried it on himself; we had no trouble or concern about it at all. Q. Did you know that Hallet Kilbourn invested $20,000, or at least tiie pro(;eeds of his notes for that amount, in this business ? — A. No, sir. Q. Did you know that the books show that fact '? — A. I did not. (^. What amount did you invest ? — A. I do not know. Mr. p]vanshad my notes from time to time, which he had discounted. 1 furnished about $0,000 or 88,000 worth of material. The machinery that 1 ha«l on hand went into that. Q. On page 304 of the testimony of this investigation it is stated by Jno. O. J'^vans, "Clephane has never drawn a dollar from me, or I from him." — A. Tliat is so, except in one case; I paid him a thousand dollars. (}. Did you loan any proportion of the ca])ital stock of the Metrop- olis Paving Company ? — A. No, sir. Q. To no jierson '? — A. No, sir. By Mr. Jewett: Q. There is a little misapprehension in regard to this stock. Was the twenty ]ter cent, originally paid uj) ! — A. Yes, sir. , Q. Then 1 understand your first dividend was to repay that 20 per cent. ? — A. Yes, sir. Q. This, then, stood you at nothing ? — A. At nothing. Q. Subserjucntly you made a id or paper was an amount of about $235,000 ; but I threw it out for the reason that it was no bid ; it was not signed. The next bid was about $250,000, as near as I can remember it, of Messrs. Starr & Co., of Philadelphia. By the Chairman : Q. Have you tlie names of the bidders *? — A. My clerk has an abstract of them, sir, which shows that. The abstract referred to is as follows : TESTIMONY OF GEORGE H. ELLIOT. 1757 Aistract of Mdsfor 36-inch main pipe for the District of Columbia, opened August 15, 1871. Karae and address. > 1.1 1 a . o o a a S.2 II u o 1^ East AYashing- ton division. Total. Bryan, Dillinirhani & Co., Titusvilh>, Pa. Au.'itin P. r.rown, Wa.shinjjton, D. C J. \V. Stair & .Soil.*, Camden, N. J AV. C. Morris, I'liiladclpliia, Pa 846,081 81 40, 118 46 40, :J96 19 38, 406 22 47, .503 21 36, 131 97 37, 860 43 S84, 431 89 73, 466 81 74, 072 48 72, 777 56 87, 021 74 66, 302 92 69, 358 40 §78, 812 06 68, 552 89 69, 177 75 66,769 17 81, 220 63 61, 9.52 01 64, 735 05 $77, 790 92 67,571 04 68, 420 05 67, 952 13 80, 133 49 61, .392 94 63, 872 54 $287, 116 68 249, 709 20 2.52, 067 07 24.5, 905 08 295 879 07 K. D. Wood & Co., Pliiladclphia, Pa Uiiknowii. (Siippo.M'd from the signa- ture to the bond and bondmen's oaths to be Thomas Evans, Washington, D. C.) 225,779 84 235, 827 02 Q. Tliat abstract contains all the bidders ? — A. Yes, sir. By Mr. Mattingly : Q. State whether this is the original bid referred to by you, or sup- posed to be the bid of Thomas Evans. — A. Yes, sir. It is as follows : Proposals for pipes and special castings. To Major George H. Eixiot, Corps of Engineers, U. S. A., Chief Engineer of the Washington Aqueduct : Haviiij; carefully examiued the annexcil .specifications and form of contract and the plan.s, will contract to fnrnish all the pipes and special casting.s, of the dimen- sions, in the manner, and on the conditions reqnired, for any [rt] (or less num- ber) of the divisions mentioned below, that may be assigned to , upon the fol- lowing terms, and we will deliver 3()-inch pipes and special castings for each of the [rt] divisions commencing on the of , 187L KESEUA'OIR DIA'ISIOX. For all the straight 36-inch pipes and special castings required, as follows: Thirtysix-inch straight jjipes, per pound, [/;] tifty-eight dollars per ton, 2,240 pounds. Special castings, per pound, (4) four cents per pound. GEORGETOWN DIVISION. For all the straight 36-iuch pipes and s])ecial castings reqnired, as follows : Thirty-six-inch straight pipes, per pound, fifty-eight dollars per ton, 2,240 pounds. Special casting.s, per pound, (4) four cents per pound. WEST WA.SII1XGTON DIA^ISION. For all the straight 36-inch pipes and special castings reqnired, as follows : Thirty-six-inch straight pipes, per pound, fifty-eight dollars per ton, 2,240 pounds. Special casting.s, per jiound, (4) four cents per pound. EAST AVASIIINGTON DIVISION. For all th(! straight pipes and special castings required, as follows : Thirty six-inch straight pipes, per pound, tifty-eiglit dollars per ton, 2,240 pounds. Special castings, per pound, (4) four cents per pound. And I do bcitiby agree to enter into such bonds for the faithful performance of the proposed contract as may be required. (Signed) . Residing at [a a] Tlie bidder will here (HI in tlie number ot the divisions ho will uudertaku. yb'i Prices must be written as well as e.xprewsed in figures. 1758 AFFAIRS IN THE DISTRICT OF COLUMBIA. Froposah for stoj^cocks. To Major George H. Elliot, Corps of Engineers, U.S.A., Chief Engineer of the Washington Aqueduct : Having carefully exaniinetl the annexed specifications and form of contract, ■will contract to fnruisb all the stop-cocks, of the dimensions, iathe manner, and on the conditions required, upon the following terms : 36-iuch stop-cocks, each [a] four hundred and fifty dollars. 30-iuch stop-cocks, each, three hundred and fifty. 30-inch stop-cocks, (flanged,) each, two hundred and twenty. 12-iuch stop-cocks, each, 12, eighty-four. 6-inch stox)-cocks, each, twenty-eight. And do hereby agree to enter into such bonds for the faithful performance of the proposed contract as may be recxuired. (Signed) . • [a] PriCL's must be written as well as expressed in figures. Bond.* Know all men by these presents, that we, Thomas Evans, Edmund Hauley, William Bradley, citizens of Washington, are held firmly bound unto the District of Columbia in the full and just sum of five thousand (|ir>,000) dollars, lawful money of the United States, to be paid to the said District of Columbia, or to its proper agent or attorney duly authorized to receive the same, as liciuidated damages ; to which payment, well and' truly to be made and done, we bind ourselves and every of us, our and every of our heirs, executors, and administrators, in the whole, and for the whole, jointly and severally, firmly by these presents, sealed with our seals and dated this 15th day of August, anno Domini 1871. The condition of the above obligation is such, that if Thomas Evans, doing business under the name and style of Thomas Evans, his heirs, executors, and administrators, do, and shall well and truly, within ten days after notice of the acceptance of his bid, enter into contract for making and delivering pipes, stop-cocks, and special castings, in accordance with the terms of his bid, dated l.^th day of August, 1871, conforming in all respects to the advertisement dated 24th July, 1871, calling for proposals, the same being hereto annexed, then the foregoing obligation to be void and of non-eflect, otherwise to remain in full force and virtue in law. (Signed) THOMAS EVANS. (Sio-ned) EDMUND HANLEY. (Signed) WILLIAM BRADLEY. Signed, sealed, and delivered in presence of — Witnesses : (Signed) N. Callan, (Signed) B. T. Swart. [Twenty-five cent revenue-stamj).] Bondsmcn^s oaths. District of Columbia, County of Washington, ss : Edmund Hauley, being duly sworn, deposes and says that he resides in the city of Washington, in the District of Columbia ; that he is a ; and that the value of his property, over and above all debts and liabilities incurred by him, is over ten thousand ($10,0C0) dollars, and that he is fully responsible for the amount of his obli- gation in the foregoing bond by him executed. (Signed) EDMUND HANLEY. Sworn and subscribed this 15th day of August, 1871, before me. (Signed) N. CALLAN, Notary Fuhlic. [notarial seal.] * This boud must accompany each bid and be signed by the bidder and two competent auretiee. TESTIMONY OF GEORGE H. ELLIOT. 1759 District of Coixmhia, Couniy of lf'as1niigto)i,,ss: Williiim Bradley, being duly sworn, deposes and says that ho resides in the city of AVashino-ton, in the District of Columbia; that he i.= a stonc-cntter ; and that the value of his property, over and above all debts and liabilities ineurred by him, is over ten thousand (slO,OUO) dollars, and that he is fully responsible for the amount of his obliji'atiou in the foregoing bond by him executed. (Signed) WM. BRADLEY. Sworn and subscribed this loth day of August, 1S71, before me. (Signed) N. CALLAN, lioUiry I'uilic. [XOTAniAL SEAL.] A. This is tlie bid of Thomas Evans, as far as 1 can remember it. It has been oat of my possession now about two years. I have not been the chief engineer of the aqueduct for a couple of years past. It has been in charge of tlie gentleman who was the clerk of the acpieduct. Q. The lirst sheet is headed " Proposals for pipes and special castings." That is not signed '! — A. Xo, sir ; to the best of my knowledge, that is the original paper. Q. "Proposals for stop-cocks" — there is a place there for signature, and that is not signed t — A. Yes, sir. Q. But the bond is signed and executed all right'? — A. Yes, sir; I have a paper here that I should like to submit as a part of my testi- mony. It will tell the Avhole story. Q. I understand that the course this thing took was this : You re- ferred it to the eugineer-in-chief ; he referred it to the Attorney-Gen- eral, for opinion as to whether these bids could be considered or not ; the Attorney-General reported against it, and you re-advertised it ? — A. That is it, sir. The attorney tor the District of Columbia also gave the same opinion ; but l)eing a Government officer and not a District officer, I was not satisfied with his oi)inion ; that is, I was not satisfied to act in the ujatter without the advice of a legal adviser of the (reneral Government : so that I appealed to the Attorney-General to allow me to acc('[)t the lowest bid, which was different from the next by about -810,000. By Mr. Jewett : Q. What was the objection to the bid ? — A. To whose bid ? Q. To the bids that you referred to the Attorney-Cieneral ? — A. There were some erasures in the bid, which nuule it difficult to understand what the meaning of the parties was. In fact, there was no meaning to it the way they left it. My advertisements and my requirements to the bidders were very explicit, i»ecausc it was a very large (joutract, to the amount of two or three hundred thousand dollars, and I was very care- ful in the matter, and required the bidders to fill certain conditions in making their bids. This bid of Wood & Co., which was the lowest bid, (8--iJ,0(J0,) was informal in that matter — in the matter difficult to explain to you unless I should show you the l)id. The next bid, as I say, was no bitl ; that is, it was not signed, and I threw it out. Q. Under the advice of the Attorney-General you re-adverti.sed ? — A. Under the advice of the Attorney General, that 1 could not accept the lowest bid, which ] trieroperty, over and above all debts and liabilities incurred by him, is over ten thousand ($10,0(10) dollars, and tliat lie is fully responsible for the amount of his obliga- tion in the foregoing bond by him executed. GEO. R. WOOD. Sworn and subscribed this 12th day of August, 1871, before me. [Alderm.vn's skal.J J. P. DELANEY, .1 Idcrman. * This bond must uccoiuimny each bid, and be signed by tho bidder and two ooiupeleut auretioa. Ill DOT 1762 AFFAIRS IN THE DISTRICT OF COLUMBIA. State of Pennsylvania, ? ^^ . County of Philadelphia, ^ Caleb H. Maliii, beinjf duly sworn, deposes and says that be resides iu tbe city of Pbihideli)bia, in tbe State of Pennsylvania ; tbat be is a ; and that the value of his property, over and above all debts and liabilities incurred by him, is over ten thou- sand (|10,00U) dollars, and tbat be is fully responsible for the amount of his obligation iu the foregoiu"- bond by him executed. CALEB H. MALIN. Sworn and subscribed this 12tb day of August, 1671, before nie. [Alderman's seal.] ' J. P. DELANEY, Aldennan. The whole of this matter is explaiuetl in a letter to the Chief of En- gineers, General Hiiuiphreys, and, if you will allow me, I will submit that as a part of my testimony. By Mr. Stewart : Q. You reported this to General Humphreys for advice'? — A. Yes, sir. The statement is made in this paper, which contains all the explanations and details of both bids — Evans's and Wood's — and the contest between Starr and Wood to get the bid. Q. That is the document submitted to the Attorney-General upon which he rendered his opinion ? — A. Yes, sir. It reads as follows : Office of the Washington Aqueduct, Waahiuyton, D. C, August 18, 1871. Brig. Gen. A. A. Humpiiueys, Cluef of Enghteers, U. S. A., Waslibujton , D. C. : General: Under an act of Congress, approved by the President July 14, 1H70, the chief engineer of tbe Washington Aqueduct was directed to lay a 36-inch pipe for an increased supply of water to the District of Columbia at tbe expense of the cities of Washington and Georgetown ; and by an act of tbe legislature of the District of Co- lumbia, appi'oved by the governor July 20, 1871,. an appropriation was made therefor, and I was authorized, in connection with tbe governor, to contract for and lay said pipe. Please find below extracts from tbe two laws referred to. It is also expressly agreed that this contract is subject to the following exti'acts from laws of Congress : " Sec. 6. And be it further enacted, That whenever it shall become necessary to lay main pipes for the supply to the cities of Georgetown and Washington, the cost of the same shall be paid by the said cities, and the engineer aforesaid is hereby prohibited from making any contracts for the same, unless approved b}' tbe corporations aforesaid, and expressly stipulated with the contractor or contractors that the payment for the same is to be made by the said corporations." Approved by the President March 3, 1859. " Sec 4. And be it further enacted, That the said engineer officer shall cause to be fur- nished and laid from the distributing reservoir of the Washington Aqueduct to Capitol Hill, in the city of Washington, along such route as he shall determine, an iron main of 36 inches in diameter, connected with the present mains at such points as be shall direct, and that tbe entire cost thereof shall be borne apportiouately by the Corpora- tions of Washington and Georgetown ; and, in order to provide for such cost, the said corporations are hereby empowered and authorized to increase tbe present water-rates and water-taxes to such an amount as may by them be deemed necessary. "Sec 5. And be it further enacted, That for tbe purpose of enabling tbe corporations aforesaid to carry out the provisions of this act it shall be competent for them to bor- row, in such proportions as they may deem necessary, a sum of money not exceeding two hundred and sixty thousand dollars for the city of Washington and forty thousand dollars for the city of Georgetown, redeemable within a period of ten years out of any revenue to be derived from water-rents." Approved by the President July 14, 1870. By the authority contained in the above, I advertised on the 24th ultimo for tbe making, transi)ortation, and delivery of 9,000,000 pounds of 36-inch pipes and si)ecial castings, and bids were opened on the loth instant. Tbe lowest bidder, by .$20,000, ■was R. D. Wood & Co., of Philadelphia, Pa., but, as they did not comply iu their pro- posal with my instructions to bidders, (sec l)elow,) the (juestiou has arisen whether, if I waive the informality and want of compliance on the part of Wood &. Co. with these instructions to bidders, the next lowest bidders can legally interfere to prevent my TESTIMONY OF GEORGE II. ELLIOT. 1763 awardiiiii; the contract to the former, or have valid jjrouiidson which to have a suit for daiiiaj;cs cither a<;aiiist the District of Cohiiiibia or myself. The instructions to bidders and a copy of Wood &, Co.'s bid are as follows: IXSTRrCTIONS TO BIDDEUS. No bid will be considered whicii is in>t on the printed form and which does not com- ])ly with the following directions : Each bidder for \)\]ies and special castinj^s ninst lill in all the blanks in the form of l)roposal : he will aflix prices for the straijjfht pii)e and special castings for all of tin dirisioiis, and will state hotr manji of the dirinious will be nndertaken by him at the prices stated, and the time of commencement of deliv(?ry. If the bid is for stoit-cocks only, the liidder mnst attixa price for each size designated in the form of proposal, and indorse the envelope, " I'ro2)osalf< forntop-cocks." No bid will be considered unless the annexed printed bond, in the sum of $5,000, is tilled in and signed by the bidder and two competent sureties; and each surety must qualify on the printed form before a proper legal f)tliict!r. Where a liidder otters to furnish jiipes for more than one division, the engineer will have the right to assign to him all of tiie divisions lu^ bids for, or a less number, as may be deemed by the engineer best for the interest of the District of Columbia. The District of Columbia being in urgent need of an increased water-supplj', the time of commencement of delivering, to be stated iu each bid, will be considered, as well as the i)rices and securiti(^s. Bids by ineinporated comi)anies must be attested by their official seal. All signa- tures of bidders and sui'eties mnst have atiflxed to them seals of wax or wafer. The resiinch pipes and special castings for each of the [«] divisions commencing ou September 5, 1871. Reservoir division. For all the straight 36-inch pipes aud special castings required, as follows : 36-iuch straight pipes, per pound, [ft] Si)ecial castings, per pound, Gcorgeloicn division. For all the straight 36-inch pipes aud special casting required, as follows : 36-inch straight pipes, per pound. Special castings, per pound, Wc«t Washington division. For all the straight 36-inch pipes and special castings required, as follows: 36-inch straight pipes, per pound, two and forty-live iiundredths cents, {2.A'yc.) Special castings, per pound, live cents, (iic.) East Washington division. For all the straight pipes and special castings required, as follows: 36-inch straight pijies, per pound, two ami forty-live hundredths cents, (S.^oc.) Special castings, per pound, five cents, and do hereby agree to enter into such bonds for the faitiiful performance of the i)roposed contract as may be required. KlCIIAb'D WOOD, [sKAi..] KDWAIM) \l. WOOD, [seal.] GK()i,'(;i: WOOD, L'^i"-M-] RANDOLPH WOOD, [seal.] WALTER WOOD. [seal.] Residing at Philadelphia. (Signed) R. p WOOD A: CO. fa a I Till' l)itl(1<'r will lirre fill in tlio nniiibr-r nf the divisions lie will iiiidertakr. [b\ I'ricci iiiiiHt l)(!\viiiten aa well aa expressed Lu tlgurea. 1764: AFFAIRS IN THE DISTRICT OF COLUMBIA. No\Y the informality in the bid of Wood & Co. consists in this : Being required to affix i>rices to all the amounts of straight pipe and special castings required for all of the divisions, and to state how jnauy of the divisions they would undertake, they first stated that they would undertake all of the four divisions, (or such less number as I might deem best for the interest of the District of Columbia,) and they affixed prices to all of the divisions, (being the same price for all,) but through, as they state, a mis- conception of the " Instructions to bidders," in the haste of making out their bid at the last moment, they crossed out the prices attached to the quantities required for two of the divisions, leaving the prices of the otiier two. They state that it was their intention, at the moment of siguiug, to have crossed out the prices attached to the third division also, leaving the prices attached to the fourth division to indicate the prices for the four divisions which they bid for. I will further state that there is but one bid wliich complies with all the " Instrnc- tlons to V)idders," and it would seem to me that if Wood & Co.'s bid is not valid, neither are the following : William Smith : no revenue-stamp on bonds. Bryan, Dillingham «fe Co.: no seals to signatures to bid. • A. P. Brown, for Harper's Ferry Water-power and Manufacturing Company: no seal of incorporated company ; residence of witnesses to bond not given. N. G. Morris : residence of witnesses to bond not given. I would further call attention to the following extract from my circular " To pipe- founders," inviting proposals for this pipe : '' The engineer also expressly reserves the right to reject any or all bids, should he deem it for the interest of the District of Columbia so to do. " GEORGE H. ELLIOT, "Major of Enfj'ineers, U. S. A., Chief Engineer Washington Aqueduct.''^ Also to the following extract from the law of the District of Columbia making ap- propriations for this pipe, and authorizing me to enter into contract with the lowest responsible bidder : " Skc. 12. And he it further enacted, That the engineer afor said be, and he is hereby, authorized and requested to invite proposals, by circulars and newspaper publications, from manufacturers of iron pipes in New York, Philadelphia, Baltimore, Pittsburgh, and Washington, for supplying the pipe, branches, and stop-valves necessary for the new mains herein authorized, and also to invite proposals, by public advertisements in at least two newspapers in tiie city of Washington, for the hauling, excavation, and other worknecessary to complete tde laying of the said nuxius, and that the contracts for supplying the said pipe aud the laying theref shall, in all cases, be given to the lowest responsible bidders, upon the execution and delivery by them of good and sufficient bonds, with surety, to an amount of at least twenty per centum of the contract, tor the prompt and faithful performance of all of its obligations ; and no money shall be paid on account of any contract for materials or work herein authorized, except upon the ajiproval and order of the engineer of the Washington Aqueduct." Wood & Co. claim that it was their intention to bid, and that they did l)id for all of the divisions, at the rate of 2-i^y% cents per pound for pipes and f) cents per pound for special castings, and they claim the contract. I am inclined to waive the informality of their bid, (believing that I have a right to waive a want of compliance with my own regu- lations,) especially as they are, as I believe, an eminently i-esponsihle aud reliable tirm, who will guarantee to have this very large amount of pipe (4,500 tons) delivered before the next session of Congress, which is very much to be desired ; and, further, because their bid ($225,779.84) is the lowest by .$20,000. I am not aware of the rights of bidders under the " instructions to bidders," and do not know that the question has been legally decided, and as I am an officer of the Army carrying out a special act of Congress, (which differs from other special acts which regulate my duties only in the fact that the payment for the pipe is to be by the District of Columbia, and not by the United States,) I have to request that I may have the advice of the legal adviser of the War Department, whether, iu view of my " in- structions to bidders," the extract from my circular herewith, aiul the extract from the law of the District of Columbia, if I award the contract to Wood & Co., or to any other of the bidders wbo did not comply with the " instruction to bidders," the next lowest, or any others of the bidders, can legally interfere to delay it, or can have valid ground on which to base a suit for damages, either against the District of Columbia or myself. I inclose herewith the printed blank form of contract and the specifications, which contain the "circular "aud "instructions to bidders ;" also the laws of Congress on the subject of the new main. (See printed form of contract, &.C., pp. 16 and 17, or Major Elliot's printed report for 1771, p. 15.) I also inclose a copy of the law of the District of Columbia. (See Major Elliot's printed report, pp. 20 and 21.) Copies of these i^apers were sent to each of the bidders. An early reply is respectfully requested, by Your obedient servant, GEORGE H. ELLIOT, Major of Fyngineers. TESTIMONY OF GEORGE H. ELLIOT. 1765 [First inrtorsenieut.) Oi KICK or CniKF ok Exoinekrs, Aiujunt 11), 1M71. Kespectfiilly subiuitted to tlu' honorablo Secretary of War, with tlie rccoiiiinouda- tiou tbat the question raised with tlie within papers by iNIa.jor (}. 11. Elliot, concerning the letting of the contracts for the ^O-inch main for the Washington Aqueduct, may be referred for opinion to tiie Department of Justice. A. A. HUMPHREYS, Brigadicr-dciieral and Chief of Eiujincers. Ol'FICK of TIIK ^V.VSHrXGTO^' AfiUEDX'CT, JfashiiigtoH, J). C, August ^'i, 1871. In the matter of acceptance of informal bids. 1. The practice has been to waive iiitbnuallty in the lowest bid, if the bidder is will- ing to adiiere to his bid, enter into contract, and furnish the necessary security. •2. In practice, not one bid in ten is strictly formal, i. e., tills all of the re(|uirement8 of the advertisement or the circular, inviting proposals; e. g., of all the bids f(jr pipe, tliere was only one which complied with the " notice to bidders ;" some omitted one thing, some another. Want of education is frequently the cause of irregularity in bona- fidc bids by competent bidders. 3. If the'rule should be that informal bids must be thrown out, and that the Govern- ment agent cannot waive his own reguhitions and accept the lowest responsible bona- Jidc bid, it will, whenever it docs operate at all, work injury to the Government. A general example of this injury is the case under consideration. The rule would make it necessary to weigh the value of time against money. The difference between the lowest and the next lowest and entirely formal bid in the present case, is about .S"28,U00 ; rejection of all the bids and re-advertisement would involve the loss of much time; and time in this case is important. Such a rule in the present case, then, would make it necessary either to pay the |i28,000 additional for the work or to suffer the di'lay. 4. The rule would never be brought to bear except against the lowest bid. If the lowest bid is entirely formal, there would be no question of its acceptance. Respectfully submitted. GEORGE H. ELLIOT, Major of Engineers. I contended that I ought to be able to waive formalities where the waiving would be in favor of tlie United States. The Attorney Gen- eral decided against it. 1 would like to have that printed, in justice to myself, and to Governor Cooke also, as showing the basis of my action, as I suppose he was governed by my advice to some extent. By Mr. Stewart : Q. Was a coi)y of this original bid in that letter of General Hum- l)hreys ? — A. A copy was submitted with that letter, and the committee now have a similar copy. The governor, as I understand, was associated with me simply as the financial agent of the District of Cohimbia. He was not associated at all by act of Congress nnder which 1 laid the i)ipe, but by the acts of the District of Columbia, which were supplemental to the act of Congress. Q. Was the publication in your own name ? — A. Yes, sir ; but the governor signed the contract. Q. And when this bid came in you declined to let it without taking advice? — A. O, certainly. I have here also a copy of my letter to the governor making the same abstract that is contained in the letter to General Humphreys. Q. You sul)mitted the question to the governor and to General Hum- phreys both ' — A, Yes, sir; and the governor snbmitt<'d the (inestion to his legal adviser; that is, Mr. Cook, the attorney of the District of Columbia. 11 GG AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did be make a decision ? — A. He made a decision also, sir. Q. Which way did he decide ? — A. He decideared with this oiu' ; this one was I'atal to the bid, in my opinion, an cents;'' and "21(i six-inch pipe; laying, 30 cents." So that the cost of the i)ipe and the cost of laying seem to be made by different items in this schedule. There seems to be a distinc- ticMi nuule between laying tlu^. pipe and the cost of pipe, — A. If you will notice in the lirst cohimn. under the column of dimensions, you will find that that 23 cents is for laying also. Q. That is what 1 sa}. I say I tind in jonr tables these charges for laying- and for <.'Ost of l)il)e, although you say that the 80 cents cost of l)ipe inclndes laying. — A. That does not refer to the same amount of l»ipe. AVe furnished and laid 2,040 feet of 12-inch pij)e at 80 cents. The other is an item of 41.'> feet of 12-inch pipe, wliicli was laid only. The ])ipe was there. It must have been some pipe, probably, that was aheady on the ground, that had been furnished or taken from some other street. Ue only got paid for the laying of that i)ipe. Q. The board supplies all these pipes, I suppose, iu all cases?— A. Yes, sir. That might have been a case of only relaying the pipes, for laying only ; or it niiglit have been old sewer, for instance, that had been taken up there in the course of the improvements, and simi)ly put back, relaid. We allowed him for the laying only of the pipe when the pipe was alreay Mr. Jewett : (^. ^Vhen were those measurements made ? — A. They were generally 1770 AFFAIRS IN THE DISTRICT OF COLUMBIA. made after — well, the final measurements ; there were measurements made during the course of construction, and then there was invariably a final uu^asurement made, very carefully, after the completion of the contract. Q. That schedule which j^ou made out, and which you presented here in evidence, fi,ave the measurement of the work done. What street was that — New Hampshire avenue or Pennsylvania avenue? I mean the first item on your schedule. — A. I think it was First street west. Q. Well, whatever street it was, you professed give the meas- urement in that schedule ? — A. Yes, sir. Q. You the]i, on the opposite column, gave the amount of payment, as by the voucher? — A. Yes, sir. Q. In your testimony you said that your measurement was wrong — the measurement as evidenced by the paper? — A. Yes, sir; it was an ai)proximation. The first measurement against the Government was an approximate measurement. Q. You were asked distinctly if that street or work was ever again measured, and you said no. You answered emphatically that there never had been a second measurement. — A. I do not exactly understand you. Do you mean the second measurement against the Government ? Of course there was a correct measurement when the payment was made to the contractor. Q. You were asked that question when you were on the stand before, and you said that no such measurement had been made. — A. Well, then, I certainly must have misunderstood the question. Q. Do try and reviv^e your recollection. You were asked," farther, whether you had discovered tliat the first measurement was wrong from the voucher, or in what way you made the discovery ? — A. No, sir. Q. You answered, from' the voucher? — A. What I wanted to convey was this : these charges against the Government were approxiniates and based on an average price. In that statement which I submitted 1 gave the actual expenditures made by the board on sewers which are clearly chargeable to the United States. Q. But then if the first measurement was but an approximate one, why, when you presented that statement to this committee, did you not give us the correct measurement and not the approximate one, if there was a correct one? — A. Well, that is exactly the thing I tried to do. I gave you on the second page the correct measurement. Q. I asked you then, and I ask you now, to point to anything upon that second page indicating any measurement whatever 5 get your sched- ule and point it out, if it is there. [Witness produces a paper and hands it to Mr. Jewett.] Q. Now, your measurement is First street, northwest, from Pennsyl- vania avenue to B street, north 750 feet, amounting to -$3,525. On the second column it is, from vouchers of G. Follausbee and D. R. Smith, 900 feet. What is there there evidencing a measurement you liave of the number of feet on the second column ? — A. Certainly. Q. I asked you where you got that from, and you said from the voucher. — A. Well, I suppose it is in the voucher. Q. I asked you if you derived that 900 feet from the chart-measure- ment, and you said no. — A. It is from the map. Q. I am not asking about your map ; I am asking you now under oath whether that 900 feet was derived from a measurement? — A. If vou mean to say that I went out with a chain, that of course I did not do. Q. What did you go out with ? — A. I took the voucher, I got the I)rice, and the map shows clearly that there is 900 feet there.. TESTIMONY OF B. OERTLY, 1771 Q. Then, wluMi you stated a few moineuts ago that tliis correction was iiiade t'loin an actual and accurate UKnisureineut, you stated what was not true. Is not that the fact ? — A. To the best of my belief, that is accurate. i). And your belief is based ui)on the voucher, and the figures you found ui)on the voucher ? — A. Certainly. Q. And nothing else ? — A. Nothing else. By ^Ir. Mattingly : Q. Is that voucher based on a measurement? — A. Certainly the voucher is based on measurements. By Mr. Jewett : Q. By whom ? — A. The measurement was first made by the gentle- man who has charge of that particular branch, Mr. Bodftsh, and then they are gone over by Mr. Barney. Q. You do not vary from your answer that neither the chain nor any other instrument was applied to that second measurement ? — A. No, sir ; not by me. By Mr. Stanton : Q. When you say that you did not use the chain, do you mean that you did not use the chain when you prepared this statement ? — A. That is what I mean. Q. Were the proper appliances and instruments used when that meas- urement was made on which the voucher was based ; were the proper instruments used to make a measurement when that measurement was made on which the voucher issued f — A. Certaiidy. Q. The measurement, then, was carefully and accurately made ? — A. Yes, sir. Q. And the voucher issued thereon f — A. Yes, sir; exactly. Q. And when you came to prepare this statement you took the record of a measurement without going out A. To measure it ; that is the state of it, sir. Q. Xow, when you testified the other day that no re measurement was made, did you mean no re-measurement for the preparation of this l)articular statement? — A. That is what I meant. Q. When you said that this final column was made up from vouchers, was each voucher basey Mr. Stanton : Q. Have you brought any of the vouchers with you referred to in the last column of your statement ? — A. I have, sir. (^. Wh< reabouts in the statement do you find them? — A. Mr. Lay has just handed tliem to me. 1 do not know exactly where they are stated. [Voucher offered in evidence as follows:] SEWERS. 4H9 ffft l-i-iiifh pipe, at 05 cents S:^17 85 1U^S feet l^-\iu-\i piix-, at .sl.4() '277 20 3 Icet Iri by l2-iiich pipe, iit §2,40 7 20 1772 AFFAIRS IN THE DISTRICT OF COLUMBIA. 21 feet 12 bv 6-inch pipe, at $1.10 $23 10 7 12 iucb bauds, at |1.80 12 (iO 2 imn tojis for sewer-traps, at $12 24 00 1 s'lanite frame for sewer- traps 20 00 1, 666 K. M. Johnson trap-covers 310 00 991 95 Deduct part certificate 430, 1873 248 96 Washington, D. C, October 27, 1873. Board of Public Works, D. C. To D. R Smith, Dr. 873 linear feet 12-uich Scotch tile, and laying, at 88 cents per foot $768 24 51 linear feet 18-inch Scotch tile, and laying, at $1.62 per foot 82 62 Irt linear feet 12 by 6 connections, at $1..)8 per foot 24 84 7 man-holes, 9.8 feet deep, (half-pipe pattern,) $.57.44 each 402 08 9 receiving basins and traps, (old corporation pattern,) $145.38 each 1,308^42 9 receiving-basins and traps, (Chase pattern,) $114.58 each 1, 031 22 7 sewer-drops, $71.25 each 498 75 980 cubic yards excavation, (made ground,) at 50 cents per yard 490 00 4,606 17 Deduct property $991 95 Deduct certificate 248 96 1,240 91 3, 365 26 Eetaiu 10 cents per foot on 942 feet pipe 94 20 3,271 06 I, superintendent for improvement of street, (between and streets,) in hereby certify that the work embraced was done under the order of the board of public works, in conformity with the contract and specifications. Superintendent. Dated, , 1873. I hereby certify that I have measured and inspected the work done by D R. Smith, on the improvement of First street northwest, (from Pennsylvania av^enue toFsti'eet,) in square , embraced in his bill dated October 27, 1873, which work was done viuder the order of the board of public works, (contract No. 384,) and find it correct as to quantity and quality, and that the work has been done and material and labor fur- nished as per contract and specifications. CHAS. E. BARNEY, Assistant Engineer. Dated October 27, 1873. Approved October 27, 1873. ADOLF CLUSS, Engineer Board of Public Works, in Charge. I certify that the foregoing bill is correct in form, and that the prices are according to contract, and is therefore audited in the sum of three thousand two hundred and seveuty-oue and x{;^ dollars. J. C. LAY, Auditor Board of Public Works. Dated December 10, 1873. By Mr. Stanton, (to the witness :) Q. Are all the vouchers made out in that same form ? — A. Yes, sir. Q. Then, at the bottom in each case, there is a certificate by the engi- neer that he has measured and inspected the work so embraced in the bill I — A. Yes, sir. TESTIMONY OF B. OERTLY. 1773 Q. And that it is foiuul correct as to (luantity aiul quality. By whom were most of the reiiieasuretnents and surveys made? The Witness. Do you mean these vouchers ! Mr. Stanton. Yes, sir. The Witness. I think the origiuals were mostly made by Mr. ]>o(lfish, and -Mr. Barney went very carefully over them, and linally they were signed by Mr. Cluss, the eny:ineer in char<:;e. Q. Most of the certificates, then, are nnide by Mr. Barney ? — A. Yes, sir. Q. Xow, in that other statement respecting the work done on the av- enue, are the vouchers in the same form there as to the certificate of an engineer, respecting the measurement? — A. Yes, sir. Q. Your statement there also, then, is based upon the record of a measurement by an engineer! — A. It is. (,). In respect to the avenue, by whom were most of the measurements nuMJe and certificates given ; by what engineer ?— A. That is more than I can answer correctly, but 1 think the bulk was made by Mr. Barney. By Mr. Stewart : Q. Let me understand you. You say that these vouchers were made up by actual survey, and certified to by the engineer who made the sur- vey ?— A. Yes, sir. Q. What diASS. No ; there is a deduction at Gurley's church. The Witness. That is deducted. Mr. Bass. That is another item. The Witness. It is really another item, and it ought to be H street. The headiug ouglit to have been H street and New York avenue and Thirteenth street, instead of New York avenue. Governor Shepherd. We will have Colonel Samo bring up the scale- book if you desire. Mr. Bass. I wish you would, governor. I do not exactly understand this. Tlie Chairman. I was out this morning. You may have explained, but if you have I would like to have you state it again. You made the average in order to ascertain the amount properly chargeable to the Government for the cost of sewerage ? — A. Yes, sir. Q. In making up that average and estimate did you include the total cost of the sewerage ? The AViTNEss. How do you mean ? Q, You say in this statement here — In consequence of the sewers, which haecome a morass. The surface above tide-water may be made a sort of French drain, with rnbble- stone. The filling completed with soil suited to the growth of trees would render the nuisance a beautiful addition to the park. Q. How long have you been of the opinion that the true solution of the canal diffi- culty would be to fill it up ? — A. General Jackson observed to me that it was the great- est folly in the world to bring a canal through the city; that we had a tide-water river, and that the commerce of the city should be carried on through that. By Mr. Eldredgb : Q. What do you think of the canal for commercial purposes? — A. I do not think it useful at all. By Mr. Chandler : Q. This statement by General Jackson was made to you, was it ? — A. Yes, sir. Q. When ? — A. I think in 1832 or 1833, somewhere along there. Q. His opinion was very fixed ? — A. Yes, sir ; he spoke of it as the greatest absurdity in the world to attempt by a canal to supersede a tide-water inver flowing along by a city, and make the canal the channel of its commerce. Wherever you see commerce along the shores of any place, it becomes dirty, unsightly, aud sickly. The canal we see has come to this result. Dr. Hall concurs in this respect with the physiciaus of the board of health; yet I concur with him in the belief that if the canal were kept clean and deep by dredging, or a sufficient fall of water, it might not be so hurtful as hitherto to the city's health, though open iu the midst of it; still its emanations would be unwholesome, and the noisome gatherings on its sides, in the name of commerce, would be a poor compensation to the people for the loss of the salubrious air, the reviving green turf, and cooliug shades, the park was meant to yield. The system for draining the city of its surface-water, by cutting down the grade of streets from the high ground in the central parts, to run it off raj^idly through streets terminating at the river shore, will perfect its health. Although the depth of the cutting iu some streets made a bad impressiou for the moment, when the houses have basements built under them, as they will in the course of time, the value of the liroperty will be immensely increased and the beauty of the streets improved by the elev.itiou thus given to windows. Q. You believe in the policy of getting uniform grades? — A. I do; and carrying them through the city and into the District beyond Boundary street. I believe the plans generally adopted by the city government the best ever suggested. They do honor to the taste and genius of those who designed them to till up the outline which nature seems to have destined for the site of the capital of our country. The city aud its sur- rounding district will then become one vast amphitheater, mounting by grades from the Potomac to the hills five miles beyond its northern boundary, and 500 feet above the tides. The tirst terrace arises from the circle of Boundary street, making that beautiful coronet of wooded heights that crowns the brow aud looks down upou the city and the expanse of its river as far as Mouut Vernon and Fort Washington. The next grade brings us to the circuit of forts tliat protected the city during the late war. The roads made to unite these defenses by the soldiers formed an outer circle to Bound- ary street, two miles beyond. They are located on eminences that command the coujitry on both sides of the circuit, while the city is invisible and sheltered by the first elevation that surrounds it. The third elevation is that which makes the dividing line between the District of Columbia and Montgomery County, Mary- land. It is tive miles from the city limits, on the direct Seventh-.street road. To this point all the parked aveiuies from the city tend. They emerge at right angles, and on reaching the military way fall in through it into the graded Seventh-street road, from west and east, aud blend with it all the roails from the navy- yard and from Georgetown, and pursuing its route northwardly two miles meets all the country roads that converge at Silver Spring ; Kock Creek and Slago approach each other so closely here as to leave at the summit-level a plain a little more across than one mile to divide them, thus bringing together at that place all the country roads seek- ing the city from the nm-thern, eastern, or western direction. Tiie Colesville turnpike, the Sandy Spring turnpike, the Brookville turnpike, all macadamized," are brought on the District line at this spot ; and the Rockville road and such others as cross Rock Creek to fall into the Seventh-street avenue, also unite in this place of general I'eudez- vous, which is also the depot of the Metroiiolitan branch of the Baltimore and Ohio Railroad. This shows the importance of rendering as perfect as possible the thorough-, fare of six miles leading into the heart of the city from the highways of the country TESTIMONY OF FRANCIS P. BLAIR. 1785 which concentrates its proflncts upon this raih-oad depot. Thence they may j^o to the market of either I'.altiinoro or Washington l>y the steam or horse car, or by the wagon otth(! farmer, who may continue the transportation on the Seventh-street graded and macadamized central city road. But the improvement of greatest value, as most comprehensive, is that which pro- poses to linish the military road which unites the forts around the city. It is to be- come a grand avenue froni the Soldiers' Home westward to the first bridge on the road l)ctwe(-n Fort SteNcns and I'ort De Kiissey, and thence carried along the stream of Rock Creek and the road on Ikoad Branch, they blend into one main avenue, sloping with easy grade the aOO feet of the District line along the current of Rock Creek to its Junction'with the Potomac, making the most romantic, picturesque drive to be found anywhere. On the river side of the President's Mansion, this country avenue will pass through the City Park, by the Washington monumental pillar, to the grounds around the Capi- itol, embracing the vu'W of all that is necessary to save Washington from the river miasma and from the sneer of being only "a city of magnificent distances." It will present to the eye " a city of magnificent parks and palaces." The comitletion of North Capitol street, as already begun, to the Soldiers' Home, including its beautiful view^s and drives, with those of Mr. Corcoran's splendid villa, will render all east of the cen- tral Seventh-street line a grand ])ark on the north of the Capitol. On the south, the Mall, with all its edifices, including those of the President's Mansion and those of the surrounding Departments, built or to be built, constituting the grand feature of archi- tectural elegance, mingled with a rural scene, makes it a perfect rus in urbe. That in- closed by the military road westward on Rock Creek and smaller tribiitaries constitutes a park of itself, all wild and picturesque, in a most charming woodland scenery. It is filled with precipitous rocky heights, with rapid currents, the rich hillsides rising at successive points, covered with lofty trees, with an undergrowth of laurel, redbud, and dogwood, all l)eantiful in their seasons with flowers; the little brooks running from dells opening at intervals, dressed with floral ornaments sin-inging from the woodland, would have induced all lovers of parks who have penetrated this wilderness of tangled forest and mazes of streamlets to assign superiority to this region in sight of our Cap- itol and pronounce it destined to become the most charming environ of that sort ever presented to a crowded city. It would be an economy at once to establish a country road down Rock Creek to the Potomac from the military road. The purchase of the hillsides above, clothed with overhanging woods too steep for plowing, would preserve them from the ax. It is all now re(inired for the contemplated park. Its completion would be the work of future years. Meantime, the avenue down the stream would enhance the value of the ara- ble lanils to proprietors and promote the prosperity of the cities and countrj' by open- ing a new and easier grade for the interchange of commodities. Q. Is it your opinion that the city has sufficient wealth to carry on this system of improvements ? — A. I do not think the city has ; but the continent has, and the peo- ple from every section who are coming here and to whom it belongs. It is to be the greatest city in the world ; and the wards of the Government are doing the work — the negroes. We are paying them, Ijut I think the Congress will pay us back some day. Q. On the whole, you approve the plan of the improvement of the canal and the District ? — A. As far as my reading extends, there is no plan of a" city equal to that which Washington planned, just as it stands. Q. Please state your opinion of the necessity of the Seventh-street improvement. — A. Seventh street is the great avenue to the country, which is to feed the city. The several roads in the country that come in toward the city may be represented by the fingers on my hands, all tending toward Seventh street as the fingers to the arm. All the roads from the country center in the Seventh-street road. The whole country to the north is drawn into it. It is a high road, .^00 feet high, and the whole resources of the coiMitry for the city conu3 in through Seventh, and Fourteenth, and North Capitol streets. It is, in fact, the only outlet to the north from the city, and is an easy road to the country west. Q. Your residence is about six or seven miles out ? — A. Yes, sir; about six miles from the Center Market. The Washington County boundary-lino runs through my gate. Q. You have traveled over the Seventh-street road for years. What has been its condition for nuiny years i»ast ? — A. It is the worst road in the world. It is a light soil and cuts down to the hub. Wiiile it was a turnpike I had to lend my horses fre- quently to drag out teams from the mud. Q. Wiiat was the width of it ? — A. Not more than fifteen or twenty feet, and cut down to the hub. The carriage-ways were so narrow that there was great danger in crossing the ravines ; every ravine was a trap. They had to be very cautions in driving, espe- cially in the night. Q. State your opinion as to the repairs that have been made in the road, whether tlio character of the road, as a highway and the amount of travel over it, justified it. — ^A. 1786 AFFAIRS IN THE DISTRICT OF COLUMBIA. My sou, Montgomery, spent a thousand dollars, aud I spent as much to get a road. We made the road for ourselves, because this direct city road was so bad a road. I would have been willing to pay on the turnpike, but it was at times impassable. We made a new one. I gave the road off from my laud and then paid for making it. Q. I wish to know whether or not you think the necessities of the people required the expenditures that the District authorities have made. — A. I do ; I think it is the most valuable improvement they have made. Q. You think it wise and judicious to put the road in as complete repair as it is now in ?— A. I do. By Mr. Eldredge : Q. Have you observed the improvements that have been made in the city in the way of paving ? — A. Yes, sir. Q. What is your opinion of these improvements ?— A. I think they are very valuable as far as they have gone ; I am very doubtful, though, whether the wooden pavement is not the best of any of them. That is a very good pavement in front of the Arling- ton, however. Q. Have you noticed the sewerage as far as it has been done ? — A. No, sir; I think it is very iiuportaut that the military road which the Government has made should be continued down to Rock Creek and down Broad Branch. The more of these avenues to the country you make the better for the health of the city. A road down Rock Creek, following the meanderings of the creek, and well macadamized, would make a beautiful road into Georgetown, and the people would go out into.the woods, and they could raise their children with great hope ; but while confined to this spot they will be less healthy. Q. What do you think of the city running into debt aud borrowing money to make these improvements ? — A. I think it is a great advantage, because it invites population here, and will make it a beautiful capital of the nation. It will be of great advantage, as long as this nation lasts, to have it improved and accessible, so as to be an invita- tion to all the surrounding States to come here. Q. What amount of debt can this city and population carry? — A. I do not know; it has a way of throwing it oif when it is too heavy by calling on Uncle Sam to take the load. They say now we are employing labor on our highways aud roads to take care of the wards of the nation ; but they are being educated aud improved, aud it is a great triumph for our nation that we are not only freeing the blacks from bondage, but the whole country, aud elevating in the eyes of the world. By Mr. Chipman : Q. I would like to have your views in regard to the obligation that the General Gov- ernment owes to this District to make it a proper residence and place for the capital of the nation. — A. The Father of his Country laid out the city for the nation ; he never believed that a commercial people would live here. He judged wisely that these broad avenues were necessary for the capital of a great people like ours ; he laid them out so that they can be parked and the health of the city secured. They are laid out so that the air can pass through the city in every direction. These broad streets are parks themselves ; and this will be the'most beautiful city the eai'th has ever seen. Q. You know something of the traditions and the history of the location of the cap- ital here. Can you state what was the purpose of the founders? — A. It was desigued that it should be the most beautiful city of the greatest continent of the earth ; and it ought to have the assistance of the whole nation. Q. You regard it, and the founders of the city regarded it, as a matter in which the whole nation has an interest ? — A. Yes, sir ; for such a nation as ours. It looks back to the Old World and sees all those great cities of the past built on the sand ; but this city is built on an elevation. Paris is on a little stream, the Seine, not much broader than our canal ; but here is the broad Potomac; and all these hills about the city are connected with the mountains, so that here is to be a city right at the falls of the Poto- mac, which has the mountain air. Near my house you can see the Blue Ridge in Vir- ginia, and Sugar-Loaf Mountain in Maryland. This region is elevated and healthy, above tide-water. At the District line it is 500 feet above the ocean. It will not sink here, like cities covered with the deserts of sand in the Old Woidd. Q. I want you to give us the traditions upon that subject for the use of the commit- tee, and for other persons in Congress who think that the National Government has no obligations in this particular. — A. I think the founders of the city entertained no such opinion. Congress has never acted upon that idea. Congress is the founder of this city— made it what it is. It is the nation's city, and its very construction shows that it is made for a great people. By Mr. Coombs : Q. How far do you think the four million dollars will go to carry out this vast system of improvement ? — A. I do not know. Q. Do you think it will finish it ?— A. No ; I expect it will cost at least thirty mil- lions, including the Woodland Park. TESTIMONY OF B. OERTLY. 1787 Q. If tlie Genoral Governmont does not coino to onr relief, don't you think that thirty millions will he a greater deht than this city can carry ? — A. I am told hy a {ijcntieman from Philadelpliia that our taxation is not so j^reat nd valorem as that in Piiiladelphia. I think that every inii>rovemeiit put upon tiie city increases the value of the property here, and henco the wealth of the city will grow in proportion with the debt. B. Oertly recalled. By Mr. Wilson: Q. I was asking you whether you and Mr. Samo had been figuring on New rianipshire avenue within the 'ast few days? — A. He was figuring. Q. What were you doing? — A. He showed me his figures, and 1 think he also submitted them to ^Ir. Bleekenstoffer. I went over the ground with him after he had gone over it for himself. He also showed me his figures. I think he also submitted them to Mr. Bleckenstotier. Q. Were those figures that he had made quite recently, or figures that he had made originally? — A. No, sir, I suppose that the original figures were arrived at somewhat dift'erently. Q. Did you see the figures that he had made originally ? — A. I think I did. Q. Were you with him when he made his original survey or measure- ment of New Hampshire avenue? — A. Yes, sir; I was with him, and I think I bad proposed a much smaller amount, for this reason: that I thought so long as the board had established a rule to pay only for ex- cavation, and not for the filling, that the same rule should hold good in this case, and of course the result would have been considerably less. But in this case, the filling was done at a different time from the exca- vation. That is to say, the bulk of the filling was not obtained from the excavation of New Hampshire avenue, and the two gentlemen have thought that in this case it was fair to charge both. Q. What two gentlemen ? — A. Mr. Samo and Mr. Forsyth. Finally, I concluded perhaps it would be fair. Q. You submitted to it? — A. I think upon the whole it is fair, inas- much as we had to procure the filling from other streets. Q. Where did this filling come from ? — A. A large amount came from Twenty-first street; some from M, and some from Twentieth. Q. AVlien I, ad that filling been done 'i — A. The way it occurred was this : Late in the fall of 1871 that section of Slash llun sewer had been completed, and for the purpose of i)rotecting it, (as it was above the ground then,) it was ordered that the filling should begin against it. Of course it was not only on New Hampshire avenue, but it was all along that sewer. But that included a large amount of filling done on New Ham|)sliire avenue. Q. Between what points did you examine that avenue ? — A. Between the same points as it was originally entered on the colonel's field-book ; between G street and Boundary. That includes from G street to Penn- sylvania avenue circle, and from Pennsylvania-avenue circle to the P- street circle, and from thence to the Boundary. Q. Did you nnUic up your accounts that way ? — A. I think they were originally made out in three items. Yes, sir. My original proposition was overruled. Q. I cannot und<'rstand you. — A. My original proposition, I say, was overruled, as I have stated already, and I didn't pay particular attention further. (^ Overruled by Mr. Samo and Mr. Forsyth? — A. Yes, sir; for the very reason I have just now stated. Q. Did 1 understand you to state, before the recess to-day, that the 1788 AFFAIRS IN THE DISTRICT OF COLUMBIA. profile of that avenue is not correct ! — A. Well, will you allow me to explain myself by a diagram ? [Witness does so.] The profile in this case, I would say, is to be created from the memory of the men who were familiar with the ground. By Mr. Stewart : Q. You say the cross-sections were made after the fill had been be- gun ? — ^^A. Yes, sir. By Mr. Jewett : Q. How long before this profile was made adopting the surface of the original fill as forining the base of the profile ? The Witness. Do you mean when the profile was made 1 Mr. Jewett. Yes, sir. — A. I should judge the profile was made in March or April, 1872, and the fill was in the fall of 1871— late in the fall. Q. You had put in this sewer? — A. Yes, sir; to protect it from the frost of the winter, we made this fill — we filled against it. Q. That was made before any profile was made? — A. It was made betore any profile was made. Q. Then, in the following year, three or four months afterward, when you came to fix the grade of that street — or had you fixed the grade before you i)ut in the sewer ? — A. No, sir ; it was fixed afterward. Q. Then, when you came to fix the grade of that street, you made the profile at that time? — A. Yes, sir; the profile was made at that time. Q. When making that profile did you use this line [indicating] or did you undertake to make it in accordance with your recollection of this line ? [indicating,] The Witness. Do you mean in my calculation ? Mr. Jewett. In the profile. The i)rofile as it is upon paper. It represents that line, [indicating.] I never have meddled with the profile or record at all. I can only positively say that in this case there was a certain depth here. Q. Now, admit that, what has this to do with the account you made against that avenue for grading ? — A. Because we went on to get the full depth. Q. Then, in the account which you have here for expenses against the Government, your charge against the Government for this avenue not only includes the area within the limits of that profile, but the area within the original lines of that fill ? — A. Within the original lines of the fill. Q. How did you ascertain what was contained in these lines — what was the basis of your calculation ? — A. Well, I did not make a calculation in this case. It was Colonel Samo himself who made it. Of course, in this case, you could not get at it in any other way except by placing cross-sec- tions pretty close. It is a pretty deep filling, and the ground is some- what irregular. Q. In placing your cross-sections, did you use them for ascertaining the quantities between these lines, or did you apply tbem to these lines ? [Indicating.] — A. For the entire lines between the grade and the original surface. Q. How could you apply them between grade and the original sur face, unless you knew what the original surface was ? — A. The original surface shows- — Q. That is below the street ? — A. Below ; yes, sir. Q. Does it above ? — A. Yes, sir, it shows on both sides. The original surface was a i)retty gentle curve. TESTIMONY OF B. OERTLY. 1789 Q. In makino- tlioso cross-sections, looking to the original snrface, what allowance «li(l yon make for tlie elevation of one side above the other — the east and west sides of the till '? For instance, if the descent was 10 or 20 feet, in making your cross-sections yon would have to make all(>wan(;e for that descent, would you not ? You would not treat it as an even surface ? — A. No, sir. Allow me to explain. 1 take a sec- tion for instance here, [indicating.] The ground slopes like thai, [indi- cating.] Q. J)id you make any cross-sections before the work was done"? — A. No, sir ; there was no cross-section taken when the work was progress- ing. Q. It was then taken after the work was done ? — A. Yes, sir. Q. And in making your cross-sections, you had no reference to the iiuevenness ol" the original surface? — A. No, sir, not any knowledge. Q. You could not have, could you? — A. No, sir; in this case, to get at the original surface of the ground, they would have to be restored from the mt'iiiory of some one familiar with the ground. ^ Q. And that calculation — did you in thetirst place make it with a view to the whole till, or did you tirst make your calculations upon the basis of that line being the original surface — the tirst calculation which you made as to quantity ? The Witness. Against the Government "! Mr. Jewett. The tirst calculation you made as to quantity, I do not care who it was against — the first time that you went there to ascertain the amount of work done at that ])oint — did you take that line as a basis for this :' [indicating.] — A. No, sir; the extreme level. Q. You charged the Government not only with the excavating through portions of the street that you really excavated, but you charged it at the same rate for this fill ? — A. For the fill; yes, sir, I at the time was of a different opinion. Still, I think, as long as the fill was obtained from the other streets, there was, perhaps, some fairness in it. By Mr. Stewart : Q. You charged them for the fill and for the excavation ? — A. Only in this case. Yes, that was the only instance. Q. How much a yard for each ? — A. It cost 40 cents. Q. Making SO cents for the fill ?— A. Well, if you had taken that fill alone, it would have been 80 cents. By Mr. Jewett : Q. What calculation do you say Mr, Samo has been making within a few days ? — Answer. He went over this New Hampshire avenue. Q. Did he use the same profile that you had made before? — A. No, sir; he made his calculation also from observations on the ground. Q. When were those observations made, the last ones ? — A. I could not ac(;urat('ly name the day, but it was some time either last week or the week before. I was not with him when he made the observations, but, after he made them, I went over the ground with him. Q. In these last observations, did you take the original surface ? — A, Yes, sir, Q. You had no reference to the surface after the first fill was made? — A. No, sir. Q. To the surface as it existed when the profile was made ? — A. No, sir. Q. What other means did you resort to for the purpose of making 1790 AFFAIRS IN THE DISTRICT OF COLUMBIA. these calculations tbau those you had when they were originally made out ; had you any other means ? — A. No, sir. Q. What difierence did you make in the result ? — A. That I could not tell you, sir. I did not make them myself, and I did not keep any record of it. By Mr. Wilson : Q. I understand you, now, that your recent measurements have ex- tended from G street to Boundary ; have you been working any on Virginia avenue recently I — A. Never, to my knowledge. Q. Have you been there with Mr. Samo on Virginia avenue ? — A. Not to my knowledge ; at least, I cannot call it to my mind ; but I think not. Q. You have none of the original figures that were made in this New Hampshire avenue ? — A. No, sir ; I have not. Q. Have you any on Virginia avenue'? — A. Virginia avenue we had the exact computations in the office, which were made the basis of the vouchers, and then we had a pretty good set of profiles and a cross- section, and the amount charged to the Government was the same amount. Q. Will there be any trouble in ascertaining exactly what you did with regard to Virginia avenue in making up your quantities 1 — A. I think not. Q. You think you have got the data in the office? — A. I think the identical vouchers can be j)rocured. Q. You can find out from the papers in the office exactly what you did do with reference to Virginia avenue ? — A. I think so, sir. Q. Yesterday I requested you to bring to the committee the papers that you had with reference to this appropriation of a million dollars that was made last spring ; state if these are the papers you handed me. The Witness, [after examining them.] Yes, sir. Q. Are these all the papers that were made to ascertain what work had been done prior to the board of public works on t ese avenues? — A. Well, I think on this 2d page you will find two items, or references rather. Q. Yes ; I find here, at the top of this paper, "Amount expended by the board of public works upon avenues, 1 1,237,371.92." Was that for work that had been done for the board of public works ? — A. By the board ; and, in the board report of 1872, I think you will find a detailed statement. It was only an approximate statement. Q. That was the one to which 1 called your attention a few days ago? — A. I think so. Q. Then I find the next item," Amount before expended, I think, by the District, $891,000." Now, I wish to know how you get at that $891,000. — A. There some items on page 21 of the report of 1872 occur again ; and the first one I had prepared, and the second one was pre- pared in the governor's office, and I took it for granted it was correct. How it was arrived at at the time, I do not know. Q. How did you get at that $891,000?— A. I just took it out of the report of the governor. Q. Do you know how that fimount was derived by whoever made out that statement in the governor's office! — A. That I could not say; I tried several times to get at that data, but failed. Q. How did you try to get at that !— A. I asked those gentlemen who I thought had been familiar with it, and they did not seem to know it. Q. To whom did you make the application ?— A. For instance, Mr. Lamer. I think he is more familiar with this work than anything else. TESTIMONY OF B. OERTLY. 1791 Q. Was he able to give vou anv definite statement in regard to it ? — A. Xo. Q. To wliat other [)erson did you make application ? — A. I think it was the auditor. I supposed he was familiar with it. Q, Who was that?— A. Mr. Meeds. Q. To what other person did you make application ? — A. I think that is all. Q. From these gentlemen you were unable to get any definite data upon which to base that amount? — A. Yes, sir; I did not get any defi- nite data, and 1 took it and just inserted it. Q. In your examination a day or two ago you stated that you and Mr. Forsyth made out an amount — an aggregate of $1,G00,000 — which I presume is this, and that you took the statement from Mr. Forsyth's recollection as he gave it to you. — A. Then my statement was not pre- cise. The $81)1,000 was taken from a report. Afterward, I think, I did state that Mr. Forsyth went over it, avenue by avenue, and stated to iiie what work had been done. Q. Do you mean to say that he went out over the avenues, or did he sit tliere in the office and state to you ? — A. It was in his otiice. He stated to me between such and such points such and such work was done, but I do not think it is made Q. Did he have any papers to refer to in order to give you the amounts ? — A. I think he occasionally referred to old grade-books and to some of his note-books. Q. That is the voucher upon which the million appropriation was drawn, was it not? " Measurement, March IJ:, '73," page 411 of the Gov- ernor's Answer. Does that embrace work done by the old corporation as well as work done by the board ? — A. To my knowledge it is all new work. Q. When you made up that account for old work that was done you think that is all new work ? — A. That is to my knowledge all work done by the board. Q. Do you know how they happened, then, to draw that million dol- lars ai)propriation which was for work done by the city of Washington, before the board of public works had existence, on Mork done by the board ? — A. That I do not know. Q. Can you explain that ? — A. No, sir. Q. Do you think the board did anything like that amount of work on these avenues? Look at that report. Take, for example, Louisiana avenue. — A. In the case of Louisiana avenue this statement ought to read, " From Tenth street to Pennsylvania avenue." It included that triangular section between Ninth street and the avenue. (^. Did the board do that work ? — A. Yes, sir. Q. You think the board did that much work on Louisiana avenue ? — A. 1 think so. Q. Now, look a little further, and see if you think the board did all the work that is in that voucher, upon which that mone^' was drawn. — A. A\>ll, possibly there might be one or two items, but I do not think so. If you will allow me to scrutinize it, tiiough, 1 will tell you. Q. You think that was all done by the board, substantially ? — A. I think, substantially, it was all done by the board. C^. J)o you know who ma6 ; I w^uld not be certain. I never went lately over the ground. Q. Did you make up a total, showing what it would cost to complete the main sewers ? — A. Yes, sir; and signed by ^Mr. Cluss, 1 think. 113 D c T 1794 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. I find put down iu Gallagher's contract $349,000. — A. "Yes, sir; at that time. Q. What is the date ?— A. This is November, 1873. The Witness. At that time there was that much due. Almost all of the work he has done he has done since. Q. Was there any work done on it at the time that table was made out ? — A. A very trifling amount. I think hardly" any. Q. He has only done twenty-five or thirty thousand dollars' worth of work since that time"? — A. That is my impression. He may have done more, but I could not say positively. Q. You do not think the United States owes anything on that now? — A. We never charged anything to the United States. Q. I think 1 find a charge here on that account. The Witness. For that work? Q. Yes, sir; against the United States. Here is F. Finley's contract. Do you recollect what that is ? — A. That is on K street, between New Jersey avenue and North Capitol street — Tiber the same. Q. What is the length of that sewer? — A. 1 think it is three-feet six, and three-feet brick sewer, for four or five squares, and then it changes to a large sized pipe-sewer, but the amount charged there is only for a brick -sewer. Q. You thiidc it cost $36.81 ?— A. That is almost all done now. The entire contract. Q. Since when has it been done? — A. A considerable amount I think was done when the statement was made, but never had been measured, and no payments made. It has since been completed, I think. The time is not very long ago since which it has been completed. Q. Do you know what it C'>st? — A. I could not say exactly what the total amount of that sewer is. Q. Do you think it cost that much ? — A. Not very far from it. Q, The vouchers will show, I presume ? — A. Y"es, sir.. Q. It being now substantially done? — A. Yes, sir. Q, Did you make up the account for the completion of the flagging, steps in front of the I'atent-Oflice and Post-Oftice ? — A. Yes, sir. Q. And on B street north ? — A. No, sir ; I was not present at that measurement, but I see now that one of those charges will have to be corrected because that flagging was removed from the Post-Ofiice down to Third street. Of course that cannot be charged. Q, Well, on B street south. Did you make that up. Did you make up this table. 1 see a table here for the completion of steps and flag- ging in front of the Post-Office and Patent-Office, $35,000; on B street north, $37,000; on B street south, $6,000.— [page 31. J The Witness. Bounds on B street south you refer to? Q. Yes; and then B street north, and B street south, both. Did you make up this statement? — A. Y(?s, sir. Q. Where did you get the data from ? — A. The vouchers. Q. But that is to complete the work ? — A. The work was then com pleted, and this was during the payment. Q. Is that B street north? — A. That is for work not completed — that is to be done. Q. Has there been any of it done yet? — A. O, yes, sir; a large amount; but this is for the coujpletion. Q, This for what is not done ? — A. Yes, sir. I see here required for the completion of B street south; there is a small amount not done, but could not call it to my memory just now. Q. Is it under contract ? — A. That ou B street north is. TESTIMONY OF B. OERTLY. 1795 Q. To whom ?— A. It requires tbe completion of that Belgian pave- ment. Q. Who has the contract ? — A. John O. Evans. Q. Do you know at what rate ? — A. I think at $3.50. Q. Who has the contract for B street south i—A. That was W. H. Adams. By Mr. Mattingly : Q. TTave you the maps here that you used in the preparation of this statement ? — A. Yes, sir. Mr. Stanton. The committee expressed a desire this morning to see that map. The Chairman. Do you vrant to do anything with these maps ! j\Ir. Stanton. They were asked for this morning, and I only wanted to have them shown to the committee. (To the witness :) Q. They show the length of the sewers ? — A. We have to scale them, of course. They show it correctly. By Mr. Merrick : Q. Just turn to a page of the map, and let us look at it ; we will un- derstand it at a glance; this is laid ott like any other map ? — A. Yes, sir. By Mr, Stanton : Q. They show correctly the lengths of the respective sewers? — A. As soon as the sewers are completed we enter them. Q. And with the vouchers and this map you are enabled to make up your statement ? — A. Yes, sir. Q. They show the man-lioles ? — A. Yes, sir. Q. From the vouchers you made the calculation of the proper pro- portion chargeable to the Government ? — A. Yes, sir. By Mr. Jewett : Q. That was in existence before you made the first column in the schedule, wasn't it? — A. No, sir; we got it up first, I think, in the spring of 1873. Q. These maps ? — A. Yes, sir. (^. Who got them up ? — A. Well, a gentleman who has charge of the sewers ; he fixed them. Q. 1 am not speaking of the sewers. Who got up the map i? By Mr. Merrick : Q. Who made the draughts of the maps ? Q. Who draughted this map ? — A. This is engraved. Q. By whom .' — A. By Peterson «S; Jenthoircr. Q. \\ho prepared it '. — A. It is prepared from the official plats, as he states, and we find no ditt'crences. (^). Your Judgment as to the number of linear feet dei)ends upon the correctness of this map ? — A. Yes, sir; of course in any map there may l)e some slight variations. Q. You don't know that this map is correct ? — A. Well, I think it is, as well as I can judge. Tliere are some few errors in it, but very few. Like any other maps, of course by scaling it you may i)ossibly occa- sionally fall short or overrun. (^. The party whodraughted this map did it upon a certain scale ? — A. Yes, sir; 250 feet to the inch. 1796 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Don't you know as an engineer that that is the least reliable of all kinds of evidence — a map prepared in that way ? As an engineer, would you, under any circumstances, rely upon a map prepared in that way, as being i ccurate in the measurement of distances ? — A. Well, the dif- ference I don't think exceeds two per cent, at the utmost, unless the map has been very carelessly drawn. Q. Doesn't it depend entirely upon the skill of the man who makes it? — A. Yes, sir; it depends a great deal upon that. Q. And the purpose for which it is made? — A. Yes, sir. Q. As a general thing, is it intended to represent accurately distances; isn't it intended simply to represent localities'? — A. No, sir; in this case he intended it to be as nearly correct as possible. The size of the lots could be scaled, and, of course, in the lots a couple of inches or feet make quite a difference. It was his intention for that purpose to have the map as accurately drawn as this scale will allow it. Q. State whether the correctness of your calculation does not depend on the accuracy of this map. — A. Yes, sir. Q. With the making of this you had nothing to do?— A. Of course, in the preparation of the vouchers the actual measurements of the ground ought to have precedence always. Q. But the means you ought to have taken you did not take — the act- ual measurements? — A. The statement you refer to is a mere compara- tive statement. The variation can be but slight. By Mr. Christy : Q. Can you, by referring to that map, inform us whether a sewer is reported to have been constructed in front of square 700? — A. There is none entered here. Q. Do you know the fact that a charge has been made against the property-holders owning property upon that square for the sewer as constructed, and bills rendered therefor !— A. I do not know it from my own knowledge ; that is a branch with which 1 had nothing to do at all. Q. If that has been done, it is an error!— A. I suppose it to be an error. Q. If it has been constructed, it would appear on that map ?— A. It does not, fully entered up. There are a few sewers which have been constructed which are not entered yet, but I don't think any are in that square. By Mr. Stanton: Q. Have you had any occasion to satisfy yourself as to the care with which that map was prepared, and its accuracy ?— A. Yes, sir; I think the map is an accurate map as far as maps will allow of being accurate. Q. Was it prepared by officers connected with the Coast Survey ?— A. Yes, sir. Q. By competent officers ?— A. Very competent officers. By the Chairman: Q. By whom was this map prepared ? The Witness. I will read the title, which is as follows : Map of the city of Wasbiugtou, showing the subdivisious, grades, and the general configuration of the grounds in equidistances from five to five feet altitude. Compiled, with the assistance of the city surveyor, P. H. Donegan, by A. Bastert -and J. Ent- hotit'er. Published by A. Petersen and J. Euthofier, of the United States Coast Survey. 1872. Q. Did he put the sewer-marks in there?— A. No, sir. Q. Who put them in I — A. Mr. Bodfish. TESTIMONY OF BENJAMIX D. CARPENTER. 1797 B3' Mr. Stewart : Q. Who do you say prepared that map ; was it i)repared in the Coast Survey Office'?— A. ^No, sir. The officers of the Coast Survey pre- pared it. By Mr. Wilson : Q. Is that an official map or a map prepared by some person who was employed in the Coast Survey Office ? — A. It is the latter ; it is not an official map of the Coast Survey. Q. He ])repared it as a private enterprise ? — A. Yes, sir. By the Chairman : Q. Is it prepared as maps in the Coast Survey are usually prepared, do you know ? — A. Yes, sir. 1 think he used the same care as they use. By Mr. Stewart : Q. Have you ever measured the size of the square here and then com- pared it f — A. We have on this other map the lenj^th of the squares. (}. Have you ever measured the length of the squares on the ground and then compared it with the scales here? — A. That is to say we got the official length of the squares from Mr. Forsyth's map, and by (•omi)aring them with these the results are the same. Q. Have you ever compared the laying of it at one square with an- otlier, to see whether the work was carried out accurately ? What is the scale of it? — A. Two hundred and fifty feet. Q. Have you examined the work of it to see if they would correspond alike ? For instance, here is a square 500 feet, another 300 feet along — the scale is here — to see whether they have carried out the workman- ship right. Have you examined the map at all to see whether it has been carried out right ? — A. Yes, sir ; I fiud some errors — slight errors. Q. How great ? — A. I could not say the magnitude. On the whole, it is a very correct map. Q. You have examined it considerably, have you? — A. Y'es, sir. ]\Ir. Mattin(tLY. In this connection I simply desire to exhibit to the committee. Here is a map, with the number of scpiares, showing the location of brick sewers and pipe sewers, and different kinds of traps, drops, and man-holes, &c. ; red lines indicating brick sewers and the blue lines a pipe sewer, and the dots the man-holes and traps, «S:c. By the Chairman : Q. Is that sewer actually constructed, or a plan for construction ? — A. They are constructed. By Mr. Stewart : Q. ^\'ho prepared this map? — A. Done by our draughtsman. Q. You took the size; youdiy the lateral grade of the road into what we call side-ditches. There is not any undcr-drainage laiil yet. 1800 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What was the depth of gravel along the road ? — A. Twelve inches in the center. Q. It was never less than twelve inches, was it? — A. No, sir ; in some jilaces more. At some places it was fifteen. Q. What was the character of the gravel? — A. Well, sir, it was good gravel. Q. Was there anjMarge stone in it? — A. Yes, sir, there were some, bnt not objectionable. Q. Was there any dirt in it? — A. I never saw any. Q. Onght that gravel to hav^e been screened before it was used? — A. I do not think it would have been any advantage at all to have screeued it. It was picked gravel. I cannot conceive of any benefit that would have been derived from doing that. Q. The. drains were properly constructed for the road, were they not ? — A. O, yes, sir. Q. What was your occupation before you became connected with the board of public' works ? Had you built any roads in the county be- fore ? — A. I was employed under the levy court to do simi lar work — work of this kind, so far as the levy court had authority. Q. For several years? — A. Yes, sir; between six and sev^en years. Q. Between six and seven years you were employed under the old corporation building roads in that section of the District? — A. Yes, sir, under the levy court. A. B. KiRTLAND recalled. By the Chairman: Question. I think Mr. Wilson asked you if you remembered anything in relation to a contract with O'Conner & Shanley. — Answer. I think that question was asked me. Q. What was your answer ? — A. I do not know what answer I gave. 1 said I had entirely forgotten. Q. Have you refreshed your recollection about it ? — A. I think you refreshed my memory by reading a document to me. I told you I had verv little interest in that contract ; it was to assist Mr. Reed and Mr. Wilcox. Q. You were merely incidentally in it, then ? — A. Yes, sir. Q. You had no particular interest except to aid them ? — A. That is all, sir. Q. Who first suggested that matter to you; do you remember ? — A. I think it was Mr. Reed. Q. Where ? — A. In this city. Q. Had you known O'Conner before ? — A. ISTo, sir. Q. Or Shanley ?— A. No, sir. Q. Did you ever meet either of them?— A. Mr. Reed brought them here. I met them. Q. You saw them here ? — A. Yes, sir. Q. Had some interviews with them ? — A. I met them once that 1 re- member. Q. What did you say to them you could do in reference to procuring a contract ? — A. I made no promises to them whatever. Q. You held out no inducement to them on your part? — A. No, sir. Q. Did Mr. Reed ?— A. That I do not know ; he was to furnish them lumber cured. Q. You saw them here once, or did you «ee them more than once ? — A. I think they were here together once ; not more than once ; I am not sure but Mr. O'Conner was here twice. TESTIMONY OF A. B. KIRTLAND. 1801 Q, Did yon see him the second time he was here? — x^. Either Mr. O'Conner or Sh;udey, I do not know which one it was. Q. You saw them the second time they were here?— A. I am not pos- itive as to that. Q. Do you remember seeing either of them more than once? — A. I think I saw them in Newark. Q. IJow did vou come to see tlieni there ? — A. I went at the instance of Mr. Keed. Q. What for? — A. To ask them to fulfill their contract if it was awarded. Q. What was that contract to bef — A. That was to be wood. Q. But I mean as to quantity ? — A. Well, they wanted a larye con- tract — one hundred and titty or two hundred thousand square yards, I think. Q. Did you not go to Newark and tell O'Conner cS: Shauley that you Cf)ukl get a contract for them of two hundred thousand yards ? -A. No, sir; I do not think I told them anything of tlie kind. I could not tell tliem anything of the kind. Q. You never told them anything of the kind ? — A. No, sir. Q. What did you tell them '. — A. I do not remember what I did tell them. 1 could not ha\e told them that. Q. Y^ou are certain that you uuide no representation to them ? — A. I am certain of it. Q. In your conversation with them, was anything said about grad- ing, do you remember ? — A. I think there was something said about it; but I told tliem 1 had nothing to do with that whatever. Q. Die (iolyer & McClelland? — A. Idid not expect anything of the kind. Q. Did you not t(;]l them so? — A. No, sir. Q. Did you not tell them there would be no grading? — A. No, sir. C^. Y'ou did not ? — A. No, sir. Q. Do you know what other parties communicated with O'Conner c^ Shanley in relation to this contract ? — A. Keally, 1 do not know what l)arties communicated with theui. Q. Y'ou did so little about this that it passed from your memory until the Njatter was called to the attention of the committee ? — A, 1 told you I expected very little. I was trving to assist some frit'uds in what little 1 did do. 1802 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You bad so little to do with it that it passed from your memory until Mr. Wilsou called your attention to it? — A. Yes, sir; I think 1 forgot the whole matter. Q. Let us see if we cannot refresh your memory a little : " In the early imrt of March, 1872, parties came to us to know if we would like to lay a laroje job of wooden pavement in the city of Washington. If so, they would introduce us to certain parties who could secure us the contract. On the ITtli of March we went to Washington, saw A. B. Kirtland and Eeed, who gave us to understand that they had a contract for la.ving 200,000 yards of w^ood pavement, at $3.50 per square yard, and that they would do, or cause to be done, the excavation of the roadway, have it rolled, and furnish us with the right to lay the pavement for sixty cents per square yard out of the $3.50." Is that statement true or not ? — A. It is not true. Q. You never represented to them that you had a contract for 200,000 yards of pavement ? — A. No, sir ; I do not know how ; I never had one. Q. " This we agreed to, provided the board of public works would re- award the contract in our name, so that we might be the contractors in- stead of subcontractors, or, in other words, that the pay for the work should come direct to us. Kirtland did not know that the board of works would be williug to do this, and therefore we came back to Newark about as wise as when we went away." Now, did not you represent to those gentlemen that you had a contract and did not know whether or not you would have it changed so as to put it in their name? — A. No. sir. Q. " Some time later, between March and July, we received sev- eral letters from Reed, stating that everything was settled — to come on and sign contract. Not having received any official notice of the award from the board of public works, we paid no attention to lieed's letters." You say you went to Newark ? — A. Yes, sir. Q. About this business ? — A. Yes, sir. Q. Did Mr. Reed go with you ? — A. No, sir. Q. You went alone"? — A. He furnished me the money to go. Q. You went to Newark with this contract for 25,000 yards ? — A. No, sir, I did not ; I did not make any such statement. Q. "At last Reed cauie to Newark with a letter purporting to be written by the clerk of the board of i)ublic works, setting forth that a certain job or jobs, as stated in the agreement which was published yesterday, had been awarded to us, and that the contract awaited our signature." You did not carry such a letter there? — A. No, sir: I did not know of any such tiling as such a letter. Q. Then it must have been Mr. Reed who carried this letter, as he went there alone. — A. I do not know how many times Reed went there at all. Q. Who prepared this contract, r^ad to you by Mr. Wilson the other day, in relation to your interest? The Witness. That agreement ? Q. Yes. — A. I do not know. Q. You did not prepare it ? — A. No, sir. Q. You are certain of that ! — A. Yes, sir. Q. " Mr. O'Conner then went to Washington, saw Kirtland and Reed, signed the agreement with them which had been prepared by Kirtland." The Witness. I never prepared it. I never prepared it. I do not remember of reading' that document at all. Q. " Bnt failed in either seeing or signing any contract for any kind of work, and returned home the same day. Some time afterward Kirtland came to Newark to have us sigu the contract to another j)arty." TESTIMONY OF A. B. KIKTLAND. 1803 The Witness. That is false. There was no contract made that I know of then, or any award, "as we refnsed to have anything to do with him or it," saying he wonhl pay ns 20 cents per square yard out of it. Q. Di(l you not carry a contract tliero for some other party asking them to sign it so as to appear as the contractor ? — A. No, sir. Q. Then that whok^ statement is false? — A. ]f you are trying to prove that statement in the paper false, I will say that it is false. The CiiAiKMAN. I am tryin«; to get at the fact if I can 5 1 do not know whether I can or not ; I think it is rather doubtful. " We refused to sign the contract or an assignment of it, for the reason, if we did so sign or assign we would still be lial)le for the i)er- formauce of the work. And further, that neither then nor since have we doiu^ any work in the city of Washington, nor received nor paid any moneys for any interest done in the said citv. "Tn'OMAS O'CONNEK. "BERNxVRD C. SIIANLEY." Q. Xow you say that statement is not true ! — A. I do not know any- thing about it. Q. You never asked them to sign a contract in which they had no in- terest, offering them 20 cents })er yard if they would sign it and be- come, nominally, contractors ? — A. No, sir. Q. Did you ever propose to introduce O'Conner and Shaidey to any person or persons, in this city, who would be able to secure them the contract? — A. No, sir. Q. Do you know anybody in the New York custom-house who had anything to do with contracts in the city of Washington? — A. No, sir. Q. This letter is signed by O'Conner & Shanley, 1 might say to you, Mr. Kirtland. — A. I do not know who it is signed by. Q. These statements are all false ? — A. What I have stated are false are. By Mr. CiiRiSTY : Q. Do you know Samuel Strong, who formerly resided in New Y'"ork ? — A. I know him by reputation in this District ; that is all. Q. Were you ever in his emi)loy ? — A. No, sir. Q. In any capacity ? — A. No, sir. Q. What amount of money did you bring to this city whi(;h you were going to use? — A. 1 could not state tliat fact. Q. I am now speaking of your second visit to Washington? — A. From what time ? Q. During the time you had certain conversations with gentlemen liere which have been detailed by you, when you left the city by way of Alexandria. What amount of money did you bring with you? — A. I do not know what time you refer to ; when I went to Chicago to sell the notes ? Q. No; long since. I refer now to the time immediately prior to your being subpo'iiaed. How much did you bring to this city then ? — A. 1 do not know, Q. I low much did you receive in this city ? — A. Ten dollars, i}. \\ as that all y'ou look at the context. Mr. Stewart. That is argument. Mr. Wilson. The answer, however, you will observe, is a direct answer to the question ; that is the answer he has given to the committee two or three times. The Chairman. Have you any other question, Mr. Christy f Mr. Christy. No, sir. This not being answered, in my judgment. The Chairman. You are discharged, Mr. Kirtlaud. TESTIMONY OF FRANK A. LYNCH. 1805 Frank A. Lynch sworn. By the Chairman : Qaostion. Ave yon familiar with tile-pipe ? — Answer. Yes, sir. I have been in the business over seven years. Q. And the prices ? — A. Yes, sir. Q. Were yon engajjed in that business in 1871, '72, '73 ? — A. Yes, sir. Q. Did yon furnish the board of public works with any pipe! — A. No, sir. Q. Do you know Mr. ^A^ilson ? — A. Very well acquainted with him. Q. Do you know the jtrices of pipe in Philadelphia? — A. Yes, sir. Q. Have you noticed the testimony of ^Iv. Wilson as to the prices paid for pip(^ in this city .' — A. 1 read it over casually. Q. Did you sell any pipe in this city? — A. A great deal of it. i}. To private parties ? — A. Yes, sir. Q. ITow were your prices, comi)ared with the schedule of prices that we have had belore us? — A. In some instances it ranged above and in some below it. We had no set prices in Washington for pipe. 8ome j)arties got better terms than others. Q. How far below the prices in the schedule of prices did you sell pipe in this city '? — A. 1 should say in some instances as low as 15 per cent.; that is, from the card prices. Q. Have you sold any at any price above the card price ? — A. Xo, sir. By Mr. Mattingly : Q. Do you belong to that association that was referred to by Mr. Wilson ? — A. Yes, sir. Q. You had a dispensation as to this District ? — A. Yes, sir. By Mr. Wilson : Q. To whom did you sell in this city I — A. Mr. Thomas Evans, Henry Langston, George W. Goodall, and a number of others. Q. Were they dealers in [)ipe ? — A. Yes, sir. Q. Did you sell to them to be delivered to the board of public works ? — A. Kot that we were aware of. Q. Did you have an agent in this city ? — A. No, sir. Q. Did you sell any to Mr. Wall ? — A. We sold one bill to him. Q. J low much ? — A. Twenty-tive dollars, I think — in that neighbor- hood. A small bill. By ]\rr. IIURRELL : Q. Did you notice the price as covered by this card, page 1123 ? Will you Just examine those prices, and see whether these are above or below the ruling rates for pipe ? — A. There were no ruling rates here. Some l^arties gave more discount than others. Q. How is that as to the amount of discount? — A. I should say this was near the maximum ; near the highest rate of discount. Near the highest rate of discount, but it is not the highest that we have olfered. liy ^Ir. Stewak'I' : Q. Did you sell cheaper than this ? — A. Yes, sir; that is, from — up to 12-inch. I do not know that we ever sold anything larger than 12 inch cheaper than that. Q. To i)rivate individuals, or to the trade ? — A. To the traders. Q. Do you make any differences when you sell to private individuals or those buying to sell again ? — A. We did not allow piivate individuals 1806 AFFAIRS IN THE DISTRICT OF COLUMBIA. any discount at all. We sell at card prices. The discount is for the trade exclusively. Q. You discount to the trade but not to individuals ? You sell to the retail, but private parties at the card price ! — A. Y^es, sir. By Mr. Merrick : Q. Did you furnish Mr. Ev^ans a memorandum of prices at which you wouhl liunisli pipe to him on behalf of the firm of Lincoln & Black ? — A. I recollect writing a letter to him, quoting prices. Q. When was that ? — A. Tiie letter I have copied is in the year 1869. Q. Did you furnish him any list of prices after that! — A. I did, ver- bally. By Mr. Mattingly : Q. Were the prices increased after 1869 ! — A. I tliink they were about tlie same ; that is the verbal prices I gave him ; there was one year the ])rices were fixed ; we could not depart from. Q. When did your association fix the prices'? — A. The convention was in session in December, 1870; it was some time in January, 1871, before they went into effect. Q. Did .von furnish him a list of prices corresponding with that on page llli'o I — A. 1 think that is the copy of the list of prices I furnished him in 1869. Q. Y\iu say that the same rate of prices continued up to 187 L ? — A. Well, I don't think they made any different ensation, the rates at which the pipe could be furnished ami sold here have resulted in a very largely reduced price, did it not ? — A. Yes, sir. The committee adjourned to 10 o'clock a. m. to-morrow, ]May 7, 1874. Thursday, May 7, 1874. The committee met pursuant to adjournment. The journal of the proceedings of yesterday was read and approved. Governor A. E. Shepherd recalled. By the Chairman : Q. State what knowledge you have, if any, of the conspiracy alleged in the tirst charge as organized between certain parties tor the purpose of securing and obtaining contracts from the board of i)ublic works, and the reasons why contracts were awarded to those gentlemen. — A. 1 have no knowledge of any conspiracy in the awanbng of contracts between the parties nanied and the board of public works; n(tr do 1 be- lieve there was any. The contracts that were awarded these parties Avere given them on account of their stamping, their business cai)acity, their al)ility to do the work, to do it well, and to the satisfaction of the board of public works. Q. State wiu'ther the meeting of the contractors who received invi- tations to be i)n'sent was in any respect juivate. — A. It was in no respect i)rivate. The ort of 1872, which was submitted 1808 AFFAIRS IN THE DISTRICT OF COLUMBIA. to Congress, and wbicli expresses the thing very clearly. On page 17 of that report I read as follows : lu the outset it was determined that it wonld he better for all parties concerned to establish a scale of prices at which work should be done, and to award contracts at these uuit'orin prices to responsible persons, wlio, beinir paid only for work actuallj^ done, ^^ould iiave no interest in defrauding their employers. The result of this plan, as car- ried into practical operation, has been entirely satisfactory. By general advertising bids were received for all cases and descriptions of improvements, the prices Avere tixed, based upon the information thus derived and upon the rates jiaid in other cities, and tiie work was awarded at those rates. The character of the work performed has demonstrated conclusively that this is the most economical and efficient means of prosecuting such undertakings, as it prevents straw bids and contracts to irresponsible parties, who would otherwise harass and retard the board in their opei'ations, either by selling out or by pi-eferring extra and imaginary claims to secure more than a fair ei|uivalent for the services rendered. The only instances which have given trouble to the board have arisen under contracts awarded Ity advertisement to the lowest bidders for specific improvements. In each of these cases the contractors have defrauded their laborers and employes of their pay, left the work nntinished, and entailed heavj^ loss upon their workmen and the board. The board point with pride to the work done and the prices paid, and are satisfied that no oue investigating the subject honestly and impartially will fail to acknowledge that in no instance on record has so mnch been accomplished in so short a period of time and at a cost so reasonable. This is the report submitted to the President, and by him submitted to Congress, December, 1872. By Mr. Jewett : Q. You adopt that as your answer to the question? — A. Yes, sir. I would state to the committee that this matter was considered by the board for several days — thoroughly canvassed. Mr. Mullett, Supervising Architect of the Treasury Department, was a member of the board at that time. He had had a vast deal of exi)erieuce in public works. 1 had had a good deal in private work. It was unanimously agreed upon by the board that the best way to do the work w\as to fix a fair i)ri('e and to award it to responsible bidders. 1 will say further that all re- sponsible parties who wanted work got it. By the Chaibman : Q. You say in that answer that this method of letting work has proved entirely satisfactory ? — A. Yes, sir. Q. You still regard that as the true answer ? — A. I do, sir. I would state further, Mr. Chairman, that the Government of the United States has, in almost every instance, done work in this way. The building in which you now sit was built in this way — by a percentage paid upon the cost of the materials furnished by responsible contractors. The Post-Oftice buihling was built in the same w^ay. All the public build- ings now throughout the United States are being built in this way, upon a })ercentage paid to a responsible contractor for the work done. Q. Have you any knowledge of the prices paid in other cities for the same description of work? — A. Yes, sir; I have prepared a statement here, showing the cost paid for the different classes of work in New York, Philadelphia, Boston, and Baltimore. If it is the desire of the com- mittee, I will read it. This is authenticated by an oflttcial statement from the officers in charge of these imi)rovements in these various cities. Mr. Mattingly. Give the committee the result; that is all they de- sire, as I understand. Mr. Stewart. I think the entire document had better go in evidence. The witness then read as follows : Curbing, price of, in New York City. (See letter of February 26, 1874.) New 5-iuch TESTIMONY OF ALEXANDER K. SHEPHERD. 1809 blnestone curb, $1 per linear font. New fi-iuch bliiestone curb, $1.1') per linear foot. Settinj^sauie, (labor priee) 30 cents per linear foot. Cnri»ing, price of, in Piiiladelphia. (See letter of Febrnary 24, 1874.) Cut granite curb anil setting;, si. 75 and ."?2.25 jier linear foot. Carl)inii-, price of. in Boston. (See letter of I'ebrnary "24, 1874.) Granite cnrb-stoue delivered upon the street, 72 cents per linear foot, costiujj when laid about $1 per linear foot. Curbing', price of, in Baltimore. (See letter of March '.U, 1874.) Setting 4-inch curb-stone, from l(t to 12 cent-s per linear foot. Circular curbstone, 15 ceuts per linear foot. Grading, prices in New York City. (See letter of FcOtruary 2fi, 1874.) Earth-excava- tion, average prici? per cubic .yard, .50 cents; earth-lilling, average price per ('111)10 .yard, 80 cents; rock-ex(.'avation, avera.'jce price per i'ul)ic yard, §2. Excavation from one street and filling in another is paid for both as tilling and excavation when done by the same contractor. No grading retpiired for pavements, /. e., carriage- way. 'j, except the road-bed. Grading, prices in Boston. (See letter of February 24, 1874.) Street grading, whore there is a depth of several feet of cutting or lilling, varies from 50 cents to $1 per cubic yard. Grading, jtrices in Baltimore. (See letter of March :U, 1874.) Street grading, 25 to 50 cents per cubic yard, according to haul. No allowance made for depositing it else- where. Pavements, prices in New York Cit.y. (See letter of Febrnary 2(), 1874.) Bejgian trap-block, average price, .$3.25 per square yard ; no grading recjuired except the road-bed. Sfnilbnl patent, $6.50 per square .vard, treated lumber; Nicolson, Miller, Stowe, In- geisoU, McGonigle ; average price, $5.50 x)er square yard, untreated lumber ; Guidet. $1) per square yard, without concrete. Pavements, prices in Brooklyn, N. Y. (See letter of February 26, 1874.) Price per Price per Kind. AVlit'U l.iiil. square square yard, yard. grading. Nicolson lhC9 $4 50 $0 50 Do 1870 4.50 50 Scrimshaw 18(59 3 00 Improved Scrimshaw 1H70 3 50 Do 1871 3.50 Mill.T 1869 4 90 Do 1870 4 90 DeGolver 1871 5 00 Scharf 1870 3 50 Belgian 1869 3 29 D(. 1869 3 43 Do 1869 3 78 Do 1869 3 33 Do 1H69 3 19 Improved Belgian 1"'()9 5 75 Do 1.-70 5 75 Do 1871 5 75 Do 1873 4 30 Do 1873 3 82 Do 1873 3 74 Do 1^73 3 65 Pavements, prices in Philadelphia. (See letter of February 24, 1874.) NicolsoB, not treated. $4 per square .yard; Belgian, best Massachusetts blocks, .$3.25 per .sipiare yard ; Belgian, second quality, $2.75 to $3 per square yard ; Cobble, best water-stone, §1.25 jier s([uare yard. Pavements, prices in Boston, Mass. (See letter of Febrnary 24, 1874.) Granite block, city furnishes blocks and gravel and contracts for the hiying ; city grades road-bed and prei)ares foundation : Cost of l)locks, $2.80 i)cr square yard ; cost of gravel, 35 cents per square yard ; cost of laying V)loeks and spreading gravel, 35 cents per s(|uare yard'; total, $3.50. Cost of road-lied and foundation, from 3e earth-excavation, 11| feet; for brick circular , sewer, 36-inch excavation, 13 feet, .$6 to |7 per foot; for brick sewer 13 feet by 8 feet, interior laid on piles and timber foundation wet, $30 per linear foot ; piles and timber paid for extra. TESTIMONY OF ALEXANl^ER E. SHEPHERD. 1811 Fftvcmcntfi. — Belgian, or trap block, per sciiiare yard, average §1^.25 per scpiare yard; uo gradinj^ required except the road-bed. Wood i)avenient, Stafford i)atent, (treated Inuibia-,) per square yard, ;?B.50. A'icolson, Miller, Stowt!, Iiij^ersoll, Mc(ioiiigle, un- treated Inniber, average price per stpiare yard, $5.50. Guidet pavement, on Broadway, laid by a eoniniission appointed by the legislature, cost about ,$G per square yard with- out concrete. I certify that the above prices are taken from the lowest bids and awards for work done by this department, and are correct. WILLIAM H. BANTA, Contract Clerk, Dcparttiniit of I'tibliv Works. Dei'aktment of Crrv "Wokks, Chief Enoixeek's Office, Itooin 10, City Hall, Brooklyn, February 26, 1874. Abstracts from contracts showinr/ 2)riccs paid for different jnircm en Is. Street repaved. K iiiil 111' |iavemeiit. I'ii'iTcpont street I Nicolsoii . . . Cohiinbia street Belgian ... Sclieniici lioni street Xicolsou . . . First street do Montajiue street Scrimshaw Oxford street Bcljiiau Portland avenue Nicolson . . . Joralemou street Miller Smith street j Nicnlson .. Cnmherland street j Miller Eeniseii street i Beljiian .... Atlantic street Nicolson . . . Belgian do Nicolson . . . Scrimshaw, liel'iiau . . . Elliot Place Atlantic street Flatbush avenue Henry street Union street Fulton avenue Improved Belgian . . . . Hanson Place ' Miller Seventh avenue Improved Scrimshaw . do ISriller Kieolson Iin])roved Scrimshaw . Improved Belgian Scharf Impioved Scrimshaw . Improved Belgian Do Golyer . . . . Improved Belgian do do do Saekett street Fort Greene Place . . . Saint Felix street... Deuraw street Atlantic street Division avenue Sixth avenue Court street Fourth street, (E. D.) Henry .«t!eet Myrtle avenue Lafayette avenue Atlaiitic avenue s 2? III 186!) 186!) S4 50 3 29 186!) 4 50 1869 4 50 ]86!> 3 00 186!) 3 43 188!) 4 50 1869 4 90 1869 4 50 1869 4 90 1869 3 78 1869 4 50 1869 3 33 1869 3*19 1869- 4 50 1869 3 00 lt^69 3 19 1869 5 75 1870 4 90 1870 3 50 1870 3 50 1870 4 90 1870 4 50 1870 3 50 1870 5 75 1870 3 50 1871 3 50 1871 5 75 1871 5 00 1-ir.i 4 30 1873 3 82 1873 3 74 1873 3 65 §1 o k bo o « a $0 50 " "so 50 50 The improved Belgian pavement, previous to 1873, was laid bj' Mr. Guidet under his patent. Durinj 1-^73 the contracts have been given to the lowest bidder. VAN BKUNT BERGEN, Ansistant Engineer. Office of thk Ciiiff Enginkkb .vnd Suhvkyoi!, 224 Sonth Fifth Street, I'hUadclphiu, Fchrnarij 24, 1874. Hon. A. R. SilKPiiKKn, (iovernor District of Colnmlna : Dkau Sik : The construction of sewers in this city is open to compclitioii. Brick sewers, three feet in dianietcM, circular in form, are built by the lintiar foot, the i)rice8 ranging from .^2 to !S!4. .">(!, which includes the furuisjiing of nuiterial, excavating, and rei>aving the street. Main sewers, exceeding three feet in diameter, arc built by the Item. 1812 AFFAIRS IN THE DISTRICT OF COLUMBIA. I present you the averaj^e ol a number of bids, offered by contractors for tbree maiu sewers, duriug tlio last year. Clearfield- Mantua- AYood- street sewer, street sewer, creek sewer. Earth-excavation, per cubic yard $0 39 $0 41 $108 Rock-excavation, per cubic yard 1 45 1 62 1 50 Rough rubble masonry, per perch 3 80 3 98 Brick-worlv, laid, per thousand 16 87 16 61 24 16 Cast-iron inlet, including neck, each 192 50 192 33 Well-holes, per linear foot 15 60 13 40 Man-holes, 2| feet diameter, including cover, each. .. 71 25 72 .50 96 66 Very truly, SAM'L. L. SMEDLEY, Chief Engineer and Surreijo): Department of Highways, Bkidges, Sewers, &c., Office of Chief Commissioner, No. 104 South Fifth Street, "Philadelphia, February 24, 1874. I hereby certify that the following is a correct statement of the prices paid in this city for the wo^-k below enumerated : Cut granite curb, and setting the sauie, per foot $1 75 to $2 25 Brick foot-ways, ( with ordinary bricks, ) per yard 1 25 Wooden pavement, (Nicolsou,) not treated, per yard 2 00 Belgian pavement, best Massachusetts blocks, per yard 3 25 Belgian pavement, second quality blocks, per yard 2 75 to 3 00 Cobble pavement, best water-stone, per yard 1 25 M. H. DICKINSON, Chief Commissioner of Hiijhways, VhiladelpMa. Gov. A. R. Shepherd, Washington, D. C. Sewer Department, City Hall, Boston, February 24, 1874. The cost of Scotch jiipe laid in this city is from $2 to $3 per foot, everything included. The only sizes used are 12 and 15 inch. Brick se vrers cost from $25 to $30 per thousand after the trench is excavated. Trench- ing is very uncertain, varying, with the character of the street, from $2 to $20 per foot. W. H. BRADLEY, Superintendent and Engineer. Boston, February 24, 1874. This is to certify that the above-named W. H. Bradley is superintendent of sewers of the city of Boston at the present time. JOHN T. CLARK, Chairman of Board of Aldermen. Office of the Superintendent of Streets, City Hall, Boston, February 24, 1874. Dear Sir: In answer to your inquiries in regard to the cost of pavements used in this city, I reply as follows : For granite-block pavement the city furnishes the blocks and gravel and contracts with master-pavers to lay the same. The cost of the blocks delivered upon the streets is $2.80 per square yard ; cost of gravel, required for bed and covering, about 35 cents per square yard ; paver's price for laying blocks and spreading gravel in bed and cov^- ering, about 35 cents per square yard; making total cost about $3.50 per square yard. The grading of tlie road-bed and preparing foundation by rolling and pu(hlliiig isdoue by workmen in the employ of the city ; the cost, d('i)ending upon the character of the material, distance of hauling, &c., varies from 30 to 75 cents per cubic yard. For wood pavement the city prepares the road-bed, as in stone pavement, and con- tracts with parties for furnishing and laying the wooden blocks, and furnishing and spreading the gravel for road-bed, and covering. The price paid contractors during the year 1873 was from $2.17^ to $2.31 per square yard. The wood was burnettized spruce, laid, without flooring, directly upon the sand or gravel-bed; the interstices be- tween the blocks tilled with sand or pebbles. I remain, very respectfully, yours, &c., CHARLES HARRIS, Superintendent of Streets. TESTIMONY OF ALEXANDER R. SHEPHERD. 1813 P. S. — The cost of brick sidewalks in this city »lurin<»; the year ISTo was §1.50 per square yard. The cost of granite curb-stones was 72 cents per linear foot delivered upon the street, costinj-- when laid about >!l per linear foot. The cost of i^rading streets, where there is a depth of several feet of cutting or tillin<;-, vari(>s from lifty cents to one dollar per cubic yard. Yours, CHARLES HARRIS, >Siipei'i)it('iidciif of Streets. Colonel Yandkiujerg. Boston, Fthruury 24, 1874. This is to certify that the above named Charles Harris is superintendent of streets of the citv of Boston at the jiresent time. JOHN T. CLARK, Chairman of Board of AMirmen. City Commissioner's Oifice, Baltimore, '.Mst March, 1874. Sir : In rei)ly to your inquiry of 28th instant, which has been referred to this office by the mayor, 1 be<;' leave to offer the followinj;: The cost of jirafling strt-ets is from 25 to 50 cents per cubic yai'd, according to the distance that the material has to be hauled. No allowance is made for depositing it el St- where. Streets are rarely graveled in this city. Cobble-stone pavements, iiichuling material and woik. cost from Gli to HO cents ])er scjuare yard. Relaying cobble-stone jiav( inent. from :i() to 40 cents per square j'ard. Setting 4-ineh enrb-st.,ue, from 10 to 12 cents per linear foot; circular curb-stone, 15 cents [)er linear foot. Only a small surface has been laid with the Nicolson wooden pavement. It cost $4 per yard. Only a small surface of the Gralianiite asphalt pavement has been laid, costing $4.16 per yard. No concrete pavement has been laid by the city. One square has been laid by the Baltimore and Ohio Railroad Company. I have no information as to the cost. None of our streets are macadamized, and we have had no rock-excavation in the beds of the streets. Sewers are 1)uilt complete, including excavation, &c., either by the running foot or by the job, by contract. The pavements are laid on the sidewalks by the owners of the property fronting on the streets. Yours, respectfully, J. H. TEGMEYER, Ci ty Commifitiioner. Franki.ix T. Howk, I<]sq., Chief Clerk Board of PubHc J forks, J\'ashi)ireseMtati(in. will be received ;it the ollice of the d<'i)artment of ])iibli(! works until 12 o'clock m. of Octo- ber 22, l^7A, at which hour tlni bids will be pnlilicly opened and read, and the award of the contract made to the lowest liidiler with ade(jinite s('curity. The jierson or persons to whom the ectntract may Ije awarded will bo rc^qnired t(t atteml at this ollice with the sureties oflered by him or thi^ni, and execute the contract within three days from the date of the award; and in ca.se of failure or neglect so to do. he or th<\v will be considered as having altandoned it, and as in default to the corporation, and there- U]ion the work will be re-advertised and relet, and so (mi until the conlrart lur accepted and executed. The work to conjnieuce at such time as the commissioner of pnblio works may designate. 1814 AFFAIRS IN THE DISTRICT OF COLUMBIA. N. B. — Tlio prices must be written in the bid, and also stated in fignres, and all pro- posals will be considered as informal which contain bids not called for in the adver- tisement, or which are not stamped in accordance with the United States iuterual- revenne-tax law. Permission will not be given for the withdrawal of any bid or pro- posal. Bidders are reiinired to state in their proposals, under oath, their names and phices of residence, the names of all persons interested with them, and if no other person be so interested, they shall distinctly stafe the fact: also, that it is made without any connection with any other person making any estinuite for the above work, and that it is in all respects fair, and without collusion or fraud ; and also that no member of the common council, head of a department, chief of a bureau, deputy thereof, or clerk therein, or other officer of the corporation, is directly or indirectly interested therein, or in supplies or work to which it relates, or in any portion of the profits thereof. Each proposal shall be accompanied hy the consent, in writing, of two householders or freeholders of the city of New York, with their respective places of hmincss or residence, to the effect that if the contract be awarded to the person making the bid they will, on its being so awarded, become bound as his sureties for its faithful performance ; and that if he shall omit or refuse to execute the same they will pay to the corporation any difference between the sum to which he would be entitled on its completion, and that which the corpoi'ation may be obliged to pay to any higher bidder to whom the contract may be awarded at any subsequent letting ; the consent above mentioned shall be accomi)auied by the oath, in writing, of the person si2;uing the same, taken before a judge of any court of record in this county, that each is a householder or freeholder in the city of New York, and is worth the amount of the security required for the above work over arid above all his debts of every nature, and over and above hid lia- lilities as hail, surefi/, or otherwise; that he has offered himself as surety in good faith and with an intention to execute the bond required by section 27, article 2, chapter viii, of the Revised Ordinances of 1859 of the Municipal Government of the City of New York, au(1 prescribing their powers and duties. The adequacy and sufficiency of the sureties offered to be determined by the comjitroller. The engineer's estimate of work and materials by which the bids will be tested is as follows, to wit : 4,035 linear feet of sewer, viz : 2,105 linear feet of brick sewer, of 4 feet 6 inches by 5 feet interior ? Class I. diameters, as per section marked A on the plan of the Avork. 5 2,105 linear feet. 760 linear feet of brick sewer, egg-shaped, of 4 feet by 2 feet 8^ inches interior diameters, as per section marked B on the plan of the work. ~ I CiassII. 980 linear feet of brick sewer, egg-shaped, of 3 feet 7i inches by 2 )■ ^ 930 linear "feet, feet 4f inches interior diameters, as per section marked C on | ' " the plan of the work. I 190 linear feet of pipe-sewer, of 15 inches iuterior'diameter. J 4,035 100 linear feet of 15-inch-pipe culvert. 4 receiving-basins. 2,500 spruce or pine piles. N. B. — The above-estimated quantities are approximate, and -bidders are notified that the commissioner of public w^orks reserves the right to increase or diminish the gross length of the sewers, culverts, and drains, or any part thereof, the number of basins, piles, or amount of f'.undation-plank, and that no allowance will be made in case of increase thereof for any sum above the prices bid. nor in case of decrease for any real or sui)posed damage or loss of profit occasioned by such diminution. The time bid for the completion of the work will be luoportionately increased or diminished. N. B. — Most of the sewers will require an embankment of earth-filling to cover them, for which no extra allowance is to be made. (See section 9 of the specifications.) N. B. — Bidders will examine for ttiemselves the location of the proposed work, that no misunderstanding may exist in regard to the depth or nature of the excavations to be made or the work to be done. N. B. — All the sewer and culvert pipe, inverts, house-connection pipe, and man-hole frames and covers required for the work must be purchased and received by the con- tractor from the commissioner of public works, at the prices mentiojjed in section 27, paragraph (w) of the annexed agreement. The amount of security required is fifty thousand dollars. Bidders will state a price, per linear foot, for each class of sewer as above designated, which price is to include the prices to be paid by him to the commissioner of public ■works for the necessary sewer and culvert pipe, inverts, house-connection pipe, and TESTIMONY OF ALEXANDER R. SHEPHERD. 1815 man-hole frames and covers, and also the t'uinishin^- of all the necessary materials and labor, and the jierformanet' of tlu' A\hol(! of the work mentioned in the speeilieation annexed, (exicjitin;; only such parts of the "oik for which a speeiiie price is to b(i bid,) inchulinj^ all pnmping and bailing, earth-lillini;; and embankment, and inclndinf;- all exj)enses incurred by or in eousecineneo of a faithful compliances with each and everj' of the requirements of the af;reenuint, and for well and faithfully completiuj^- the whole of said work in the manner therein specified. Also, the [»rice jier linear foot for euhert. "^ Also, the price for each receivinji-b;isin, eomi)lete. x\.lsi>, the price per pile for each pih^ fiirnislied and driven. And also the time required for the completion of the whole work, which w ill be tested by the rate of s4 per day. It biMug understood that the time so bid, with the time allowed for rock-excavation, refers to the af;poiuted on thi; work, (see speeilieation 1, i)araij;raph ost]>onement m- delay on the whole, or any part tlusreof, occasit)ned by the prece- dence of paving or other contracts, can constitute no claim for d;»mages. IJidders are also mttified that the trenches for tin; sewers must be kept entirelj' free from water while the foundation and nnisonry is being laid. The right to decline all the proposals is reserved, if deemed for the interest of the corporation ; and no proposal will be accepted from, or contract awarded to, any per- son who is in arrears to the corporation, upon debt or contract, or who is a defaulter, as security or otherwise, upon any obligation to the corporation. Blank forms of proposals can be obtained on application to the contract-clerk at this office. The form of agreement, iucludiug the specification, and showing the mode of pay- ment for the work, is annexed. GEO. M. VAN NORT, Commissioner of I'nidic Works. OriU'K Dki'ahtmf.nt of Public Wohks, October 9, 187:5. 187.J. — Xo. — . Form of agreement to he executed In (lup}'n-nte for the eonstruction of seicers in Ninety-fif'tli and Xinctii-cif/Jifh .streets, hotircen Fir.st and Third avenues, and in First acenue, Iteta-een Xintty-Jifth and One Hundredth streets, with branches. This agreement, made and concluded this day of . in the year Ifil'.t, by and between tlm mayor, ahlermen, and eonnMoualty of the. city of New Ycuk, by the commissioner of public- works of tluj first i)art; and , of said city, contractoi', of tin? second parr : Witm-sseth, that the said party of the second part has agreed, and by these i)res(!nts does agri-e, with the sanl ]iarties ut' the first part, for tlu; consideration hereinafter mentioned and contained, and under the penalty expressed in a bond bearing even date with these [iresents, and 1816 AFFAIRS IN THE DISTEICT OF COLUMBIA. Leieuuto anuexed, to furuisb, at his own proper cost and expense, all the u(^cessary materials and labor, and to excavate for, build, and complete in a good, firm, and substantial manner, sewers in Niuetj'-fifth and Ninety- eighth streets, between First and Third avenues, and in First avenue, between Ninety-fifth and One Hundredth streets, with branches, of the dimensions, in the manner, and under the condi- tions hereinafter specified, and has further agreed that the said com- missioner shall be, and is hereby, authorized to appoint such person or 2)ersous as he may deem proper to inspect the materials to be furnished and the work to be done under this agreement, aud to see that the same correspond with the specification hereinafter set forth, to wit: Speeification. Locatiou of 1. (rt) All sewers to be of the dimensions, and laid on the location shown sewers. ^jj ^jj^, Tplau of the work. All man-holes to be carried up fully to the established grade. All necessary bull's-eyes or spurs for connection of branch sewers, whether of brirk or pipe, are to be built in the proposed sewei"s at the points indicated on the plan of the work, without extra charge therefor. There are two classes of sewers under this agreement: Class I com- prises section A as designated and shown on the plan of the work, aud Class II all other sections aud kinds of sewers shown and included in said plan. All the mason-work throughout, whether of brick or stone, will be laid in cemeut mortar, made and laid as described in these specifications. All the trenches, while the foundations are being laid and the masonry being constructed, must be kept entirely free from water, at the con- tractor's expense, and the sides of the excavations must in all cases be strongly and thornngblj' sheeted and shored. At the point of discharge the sewer must be protected. by rubble ma- sonry backing, laid in cement or otherwise, aud to such a length or dis- tance, not exceeding teu feet from the mouth, as shall be determined by the engineer. Wherever the proposed sewers follow the line and occupy the place of, or iuteVcept any existing sewers or culverts, the contractor will be required to make the same good and reconnect such drains or connec- tions as he may be directed to do by the engineer, without extra charge therefor. And all sewers, drains, basins, or culverts rendered unneces- sary, or becoming disused by the construction of the work herein con- templated, must be filled in and made solid with good, wholesome earth, without extra charge therefor. T\^p commissioner of public works reserves the right to increase or diminish the gross length of the sewers and branches, culverts, draius, number of basins, piles, and quantity of foundation plank, contained within the limits of said plan to the extent he may deem necessary, and no additional prices above the contract-prices in case of increase, nor no compensation for damage or loss of profit in case of decrease, in the gross length or any part thereof, will be allowed or paid by the said commissioner; it being also expressly understood that the time stipu- lated for the completion of the work will be proportionately increased or diminished. Materials. {h) All the materials furnished, and all the work done, which, in the opinion of said commissioner, shall not be in accordance with tliis speci- fication, shall be immediately removed, and other materials furnished, and work done that shall be in accordance therewith. "Worlv to be (<■) The work under this agreement is to be prosecuted at and from as prosecutecl -n-lipre many different points, at such times and in such part or parts of the rocts'amUiiTpec- *^ti'^®*s '^"'^ avenues on the line of the work, and with such force as the tors appointed. ^'^^^ commissioner may from time to time, during the progress of the work, determine; at each of which points an inspector will be placed to supervise the same, whether such work be connected with the sewer, the receiving-basins, or with the culverts. The aggregate time of all the inspectors so employed will be the time with which the time stipu- lated for the completion of the work under this agreement will be com- pared. The inspectors will be ^laid each at the rate of four dollars per day. And it is further agreed, that should postponement or delay be occa- sioned by the preeedeuce of paving or other contracts on the line of the work, no claim for damages therefor shall be made or allowed. (d) The sewers are to be built of the materials, sizes, and dimeusions, TESTIMONY OF ALEXANDEll R. SHEPHERD. 1817 with the coniK'ctions, on the lines, at the depths, and in the nuinner To l»i l^'ilt as shown on a phin dated September I, 1H73, tik'd at the office of the com- Xn of the work! niis.sioner of puhlie works, and approved by him, entith'd "Sewers lu Ninety liftli and Ninetv-eiened at any one Length ot tinu! in advance of the complete building of the sewers, unless by writ- trench to be ten order of the said commissioner, and for the distance therein "'^'^" siiecilied. On the completion of each section of one hundred fi^et of sewer, the Surplus mate- regrading, repaving, or remacadamizing, and rt'<-oucreting (made and^'"^^" "" "^" ajijilifd as di-scribi'd in section IH of these siiec'fications.) ;is the case '""^ iiijiy be, over tlu' sanity shall be coniph^ted, and all surplus earth, sand, or rubliish on that st^ction be imnuMliately removed to such places on the line i"Ji i*"" removi' any water wliieh may be fonud, or shall accumulate in the " "' tren<'li, and shall foiiii all dams or other woiks necess;irv for keei»ing the excavation clear of water during the progress of the work. 1818 AFFAIRS IN THE DISTRICT OF COLUMBIA. Quicksand. When ruiiniiiait ol'the einbankinent required to Ix- made before the sewer is coniineiiced shall be carried on leni;thwise of tlie silver in one layer, and the (Mnl)anknieiit on the center line of tlie sewer shall be kept at least twenty-iive feet in advance of the extreme outer side of the embankment. The remainder of the embankment shall he made in horizontal layers of not more Ih^n nine inches in thickness, as above described. All man-holes are to be carried u[» to tiieir full height, as described in section '29 of these specilications, and are to be similarly co\ered and protected f(U' a thickness of at least three feet around tlie shaft tlieieof. Reeeivinu;-basiiis, with their couneetinnj culverts, are to be similarly carried uj) and covered and protected, when so ordered by tlu.' com- missioner of i)ublic works. Wiiere the trenches do not furni.sh suflficient material of the proper ffi ■ t quality, the contractor shall procure and supply' such deficiency at his ^^(^"j.jjjj^" "^'^ own cost and exi)ense. KKI'ILLIXO. 10. After the sewer, with its required foundation, is laid or Ijuilt, the j.,., .^j. tonjj. work shall be backed in, and carefully packed and rammed, by trusty ^i„i trusty meu. persons, under and around the sewer, with ])roper material and with proper tools. In reiilling, the earth or sand shall be faithfully rammed Thickness of as the work proj^resses, and in no ease shall the number of men back- lavers. tilling be more than twice the number of those ramming, nor shall tlie layers in any case exceed nine inches in thickness. 11. As the trenches are filled in, and the work completed, the con- Kemovalofsur- tractor shall cart away or remove all surplus earth, stone, or other ma- P^"** material, terial from the ground, or to sucli places on the line of the work as the engineei' shall direct, and leave all roads and places free, clear, and in good onler ; and in case this is neglected, he will be allowed twelve hours only to remove the same aft(!r a written notitication of his failure or neglect, when it will be done by the department of public works at his cost and expense. I'i. The re-tilling in all cases shall be of good loam, sand, or gravel, Kind of earth free from stones of above four inches in diameter, and in kind and pro- to be used, portion not to exceed that required in section of these specilications. For a height of at least oin', and a half feet above the top of all pipe- Free from stones, sewers the matiMial shall be entirely free from stones. ^ . Where pii)e-sewers are used especial precaution will be required. The sewers are used, earth must be carefully laid in so as not to disturb them, and tamped and solidly rammed down under and around the pi[)es, with proper tools made for this purpose. The trench shall then Ix; lilled by layers, as above de.seriiied, and the first layers to a point at least nine inches above the top of the pipe shall be carefully thrown in with shovels, and not from liarrows or carts. In all cases of rock-excavation, clean sharp sand must be provided, and re-filled in the manner above described, for a height of at least fifteen inches above the top of the i)ipe. 1:5. Should there be a deficiency of projier material for re-filling, the Deflcioncv of contractor will be required to furnish the same at his own cost and material, charge ; and in all ca.ses the streets or avenues must be re-filled to the same height as previously exi.sted, unless the comyiissiouer of public works shall direct otherwise. HUICK M.VSOXKV. 14. (a) In the construction of brick masonry, none but the best Q"'ihty of bricks. (piality of wholc! North River bricks, burned hard entirely through, will be used ; they are ti> \)i: culled as they are brought upon the ground, and all bats and all bricks of improper quality are to be immediately removed from the work. (h) Tilt! bricks are to he thoroughly wet bv immersion imnuMliatelv be- ^^'''?''^. *", *"* ,• 1 • I' 1 -^^L 1 'i • 1 1 1- II 1 ■■ 1 • wet Itrtoro lav- tore laying, hvery second course is to ha laid bj' line. Every brick is j„j, ^,,,1 j,, ^■^[^^ required to be laid in a full joint of mortar, made as described in sections beds of mortar. 1820 AFFAIRS IN THE DISTRICT OF COLUMBIA. Ifi and 17 of these fipecificatious, ou its beds, ends, and sides, at one oper- ation. In no case is mortar to be slushed or grouted in afterward. (e) All inverts, or bottom curves, arc to be worked from profiles aecu- Inverts. rately made according to the dimension of the sewer, and correctly set according to the grades furnished. Vitified stoneware inverts will be used when required by the commissioner of public works. To be laid by The brick are to be neatly and truly laid by line, and the joints to be '"^- carefully struck on the inside. The bands in all cases to be formed as shown on the sections. Centers. (f?) The upper curves or arches to be formed on strong centers of cor- rect form and dimensions, according to the sizes and shapes required. The centers shall not be removed or withdrawn until the work is thor- oughly set and the filling of earth is properly put in to a line which is at least half-way from the springing line to the crown of the arch. Crown of the The brick are to be laid true and by line ; the crown is to be keyed a™'^- with stretchers in full joints of mortar. The centers are to be dra wu or struck with care, so as not to crack or injure the work. Fresh work {(') All fi'esh work must be carefully protected from injury in any way. protected. j^q wheeling nor walking on it will be allowed, and any portion injured must be re-laid by the contractor. Courses racked (/) All brick- work, as it progresses, must be racked back in courses, ^^'^^- and in no case will it be allowed to be toothed, unless by special per- mission in writing from the engineer. Vitrified sewer 15. Vitrified sewer-pipes or spurs, equal iu every respect to those F1"^]^?J,®P"''^^° described iu sections 20 and 27 of these specificarions, and of not less ^all. than six inches interior diameter, and of sufficient length to project at least four inches beyond their exterior, are to be worked into the walls of the sewers at an angle of about forty-five degrees, and iu the direc- tion of the flow of the current. They are to be built iu opposite each How built ill. house, and, where there are no houses, at an average distance apart of seven and one-half feet opposite all lot-fronts ; they are to be so set that their inner ends will be flush with the inner face of the sewer, which end must be molded or trimmed to the same curve. They are to be set at such height in the walls as the engineer may direct, and each pipe or spur is to be closed outside by inserting an eartheu ware cover made for the purpose. All pipe branches or lateral sewers are to be similarly furnished and built iu, where required. MORTAR. How made. iQ_ j^\\ mortar is to be composed of one part of fresh-ground hydraulic cement, of the best quality, and two parts of clean, sharp sand, entirely free from loam. It is to be carefully and thoroughly mixed dry, and a sufficient quantity of wattu' is to be afterward added to make it of good consistency. The mortar is to be mixed in no greater quantity than is required for the work iu hand. Any excess that may be left over at night, or that may have been standing longer than two hours, is not to be re-tempered and used in anj' way. No mortar of improp&r quality will be allowed to be used in the work. 17. All cement furnished by tiiecoutractor will besabjectt ) iaspection Cement, i t s ^^id test bef )re it is used, and, if found of improper quality, must be iin- quahty and test, mediately removed from the work. The contractor will be required to furnish the engineer or inspector full facilities for examining and tesfiug all cement brought, upon the ground, and the engineer is to decide upon the character and severity of the test to be applied. To be protect- When cement is accepted, if u >t immediately used, it munt be pro- e d f r cm the tected from the weather and kept dry, and iu no case will it be allowed weather. ^q be placed upon the ground witliont blockings under the barrels. Mortar-box ^^^ mortar must be mixed in a proper box made for the purpose, and iti no case upon the pavement or ground. ^^ ^ ^ Both cement and sand are to be, in all cases, measured in the propor- Neat cement, j.- i • i tions above required. When necessary, in the opinion of the engineer, cement alone, without any admixture of sand, will be used. CONCRETE. How made ^^' Where concrete is-requiied, it shall be composed of one part of mortar (made In the the proportions above described) and two and one-half TESTIMONY OF ALEXANDER R. SHEPHERD. 1821 parts of clean, sharp fjjravt'l, or of clean stone, free from dnst or dirt, and broken so as to pass in every way tiiroiif^h a two-inch ring. It shall be qniekly and thoroughly mixed in a box made for that purpose, and de- posited in layers of not less than four nor more than nine inches in thick- a.^prs. uess, and may be settled into its place by slightly raumiiug sufficiently to Hush tlie mortar to tlu) surface. When in place, all wlieeling, working, or walking ou or over it must nq workinf on be ])revented until it is sutiieiently set. it. When connection is to be made with any layer, set or partially set, Connections, the edge of such layer must be broken dowu, so as to make the joint fresh and close. All graved and broken stone that is dusty or dirty will be required to uirty stone, be thoroughly screened and washed before it can be used; and such &f. piles or heai)s as have any admixture of dirt, or stones above the size specified, will be wholly rejected when so delivered upon the work. STONK jr.VSONKY. 19. When rubble-stone masonry is required, the walls will be of the height and thickness shown ou the plan of the work. The stone used nmst be of good quality, clean, and free from all Quality and checks or shakes, of good bed and build, and of such general size as nuiy size of stone, be specified. The wall is to be laid true and by line, with the atones on their natu- How laid, ral bctls, and in full beds of mortar made as described in sections 1() and 17 of these specitications. No dressing or tooling is to be done upon any stone after it is iu place. All the joints are to be thoroughly filled with mortar, and the courses properly leveled up. A ])roper alternation of headers and stretchers is to be made, iu order j;,,,,,!. to secure thorough b )nd throughout. The top of the wall is m no case to be plastered, unless so ordered. ,, , . . 20. When re([uired, fmindation-stones are to be furnished and laid. They „t,j,n, must be sound and of good quality, and of such general dimensions as may be specified. 21. Where dry wall is necessary, it must be well and truly laid, and by ^^^^ y^nli. line. E\ ery stone must have a fair and even bearing, and the courses be well bonded. All joints and crevices to be thoroughly pinned and wedged. The stone must be of the character and (piality described iu section 19. Coping-stone. 2"i. Where coping-stones are necessary, they must be furnished of granite, sound, and of good cpiality. They are to be cut to the shape and dimensions given by the engineer, and dressed and hammered iu the numner and after the pattern required. 2^^. Mason-work of all kinds shall cease on the 1st day of December in ]Mason-work to each year, nidess the commissioner of ])ublic works shall otluu'wise direct ^t-ise on the 1st by written notice, and then only forsuch timeasmay be then-in designated '-''^'^^^ '^'"• and no work shall be resumed i>efore the time ajipointed liy said com- missioner ; and the same re([uirements shall hold iu the laying and litting of sewer-pipes of whatever nature. Upon the suspension of mason-work, the trenches are to be refilled, , ,ji,\*'' J}'^^'^'' *" ^® repavcd, or renuicadamized, and reconcreted as the case may be; and"' '^ ' ''' all ma erials, surplus earth, sand, rock, and rubbish removt-d from the stret^t inunediately thereafter; and iu case of failure thereof, after due notice has bei-n given in writing by the commissioner of public works to the contractor, it will l>e don<; by the said commissioner, and the ex- pense thert'f)f deducted from tlie payments due or to become due the eaid contractor. All masonry shall be covered and protected from frosts by and at the \r. sonr • expense of the contractor, to prevent injury from Wdter or from freez- tuctcil. mg. J'll-K AND TIMIJKK KOI NDA TIO.X. 24. (rt.) Wherever j)iles are required for foundations or elsewhere, thoy Size, length, sh.dl lie furnished of good, sound pine <>r spnuc, free from shakes. '^"■"^''l*"^^'''- They .shall \n- nor, los Ihan twelve inelies dianieler at the butts, pr(Ji>- erly sharpened and shod when re([uiied, and shall. i)e driven with a haui- iner of not less than two thousand pounds in weight, and with a fall not 1822 AFFAIRS IN THE DISTRICT OF COLUMBIA. to exceed fifteen feet Id height, and driven until the pile shall not yield more than one-half an inch under the blow. The tops to be sawn or cut oft' truly and evenly to the grade furnished. The bark in all cases to be stripped or Taken off. Sbeet-piliug. (''•) When sheet-piling is necessary and intended to remain, it shall be furnished of good pine or spruce plank, of the length, width, and thickness shown on the j)lan of the work ; it shall be sound, free from cracks, shakes, and sap-wood, and driven to the dei>th and in the man- ner required. When nototlier The plank shall be tongued and grooved, if necessary, to the width and wise ordered, it depth shown. The plank shall be driven with the ram so as not to crack or istobedeawn. gpiif. Where sheet-piliug is rendered necessary, and used only in prose- cuting the work, no allowance will be made therefor, and it shall in all cases be drawn as the work progresses, unless otherwise ordered by the said commissioner, in which case the sheet-piling so ordered to be left in the trench will be measured and allowed for at the same rate as foundation plank. '■i^^. (a) Foundation timber of good pine or spruce shall be furnished and laid, where required, all as shown on the plan of the work. The timber shall be sound and free from sap, without cracks or shakes, and squared to tlie dimensions required throughout its entire length. When placed upon piles it shall be treenailed to each pile with good seasoned oak or 1 ocust treenails of the length and size shown. Where bolts are required jj(,Ug they shall be furnished of good wrought-iron, headed and sharpened when required, of the size and length shown on the said plans, with wrought-iron nuts and washers. Plank. (''•) Foundation plank ofgoodpineor spruce shall be furnished and laid in the manner shown on the plan of the work. They shall be of the length, width, and thickness there shown, and treenailed as above stated, or spiked, as the engineer may select, to the foundation timbers Spikes. with the best quality of wrought-iron nails, or spikes, of the size and length thereon specified, and at such points and in such numbers as may be designated. {c) When it may be necessary to lay foundation boards or plank, they shall be of the kind and quality above described, and cut and laid in the manner desiguated. Fou n d a t i o u timber. Treenails. Pipe-sewers. Size of pipes. How d e 8 i i nated. U on centric. Thickness. Made of best materials a n d alazed. Lengths. Pipe to be fit- ted with collar. Size of collars. 26. Where required, vitrified glazed stoneware sewer and drain pipes shall be furnished and laid down, of the sizes and in the manner shown on the plan of the work and herein specified. 27. (a) The pipes shall be desiguated by their interior diameters. Each pipe shall be a true cylinder, and shall have in every part an internal area equal to the full area due to its diameter. (&) The inner and outer surfaces of each pipe shall be concentric. All straight pipes must be straight in the direction of the axis of the cylinder. (c) All pipes, of a diameter of twelve inches and under shall in no part be less than six-eighths of an inch in thickness ; those of fifteen inches and not under twelve shall in the same way be not less than one inch ; and those of eighteen inches and not under fifteen not less than one aud one-eighth inches. {d) All pipes, of whatever kind, shall be made of the best material, thoroughly and perfectly burned, without warps, cracks, or imperfec- tions, aud shall be well and smoothly glazed in the best manner over their entire inner and outer surfiices ; and they shall be of equal qual- ity in every respect to the samples exhibited at the pipe-yards of this department. (e) Each straight pipe, having no branch or connection, shall in no case be less than two feet aud six inches in length. (/) Each pipe having an opening molded into it for house connec- tion, or branch of any size or kind, shall not be less than two nor more than three feet in length. {(1) Each pipe, of whatsoever kind, must be fitted with a sleeve or collar of the same character, cylindricity, and thickness, and not less than five inches in width, without extra charge therefor. (A) Each collar must have an internal diameter of not less than one- half nor more than one and one-half inches greater than the external diameter of the pipe to which it is to be fitted. TESTIMONY OF ALEXANDER R. SHEPHERD. 1823 (i) Wlion icciuiivd, enrvod pipe sliall ho furnished and laitl, ciiived to Ciuvi-tl pipe, sueli a radius with the axis of the pipe as may he shown on the plan of the work, and no curved pipe shall exceed three feet in length. (_/) rijies havinjr six-incli sinus, witli Inihs niohled thereon for house Spur-pipe, how connections, sliall he furnished and laid at snc-h points as tlie coniniis- "^®' siouer of puhlic woiks may designate, in front of each hnilding on the line of the sewer, and where there are no huildinj^s, opposite; each lot frouj, at an averaj;e distance apart of seven and one-half feet, (except Covcis. at intersecting streets.) The spurs are to he closed witli approved vit- rified stone-ware covers, free of charge. • (A) Branch pipes and hoiise-conju'ction drains, wherever designated, Brunch pipo. shall he furnislied and laid of the size and form, ami at the |)oiuts shown on the plan of the work, and closed with a hulkheaib and spigot and spigot pipe, they shall be furnished in all cases similar and equal in P'^- size, quality, and kind to those above described. Tlu^Iuib sliall have a depth of at least three inches from its face to the shoulder of the i)ipe on whicli it is molded, and shall have an interior diameter not less than one nor more than two inches greater than the exterior diameter of the pijte whicli is to lie litted into it. (/() In case the said commissioner shall choo.se to furnish the contractor The depart- with the necessary sewer, culvert, drain, and house-connection pipes, "'®Vi^ ?^ „!'"."*' inverts, basin-heads, and gutter-stones, and man-hole frames and covers, umo. they shall be in accordance with the following prices, viz : For (i-inch straight pipe, i)er linear foot 30 cents. For l"2-iiKh straight pipe, per linear foot 90 cents. For l"2-iiich curve-iiich straight pijje, with six-inch spurs, per linear foot 18,5 cents. For Ir'-inch straight pii)e, per linear foot 185 cents. For l-^-inch curved pipe, per linear foot 245 cents. For 18-inch straight pipe, with six-inch spurs, per linear foot 270 cents. I'or branches 12 inches by 12 inches, per linear foot 190 cents. For branches 15 inches by 12 inches, per linear foot 240 cents. For branches 15 inclies by 15 inches, per liueai- foot 270 cents. For Ijranches 1"* inches by 12 inches, per linear foot 320 cents. For branches 18 inches by 1(5 inches, per linear foot 350 cents. For branches 18 inches by 18 inches, per linear foot 380 cents. For inverts, per linear foot 260 cents. For each cast-iron man-hole frame and cover 2500 cents. 28. (a) All pipes are to be excavated for and laid true in line and grade How laid, throughout, according to the lines and grad(;s furnished from time to timi'. Tlie ends of the pipes shall abut against each other, and in such manner that tliere shall be no shouhler or uneveunessof any kind along the bottom half of the .sewers on the inside. (b.) Each Joint, as the pipes are laid, is to be titted with a collar or ring Each .joint to Avhich sliall lap etjually the ends of such abutting pipe; the lower halt'l'e fitted with a of the said collar shall in all cases be whole and unl)roken, and the upper ^'"'l'''^- half shall not be in more than two j)ieces ; the spac(! l)etween the ring and the ])ipes is to be as uiiiff)rni as possible, and to be thoroughly tilled with the best hydraulic cement-mortar, made of ecpial jiarts of cenuuit and clean, sharp sand, tlK)ronghly mixed tlry, aud watc^r enough after- ward added to give it proper consistency, and in small quantities, and used as soon as mad(^ : the joint is to lie carefully wiped and pointeii-pl:ink will be allowed therefor. 1824 AFFAIRS IN THE DISTRICT OF COLUMBIA. How filled (f-) When tlio pipes arc in place, earth sliall be filled in in the manner around. provided in sections 10 to 13, inclusive, of these specifications. Every third pipe shall be filled around so as to prevent tlie moving of the fin^'l^/"^^ ^^^^ (''•) -^^^ pipes, previously to their being lowered into th« trench, shall ^ '^' be fitted together dry on the surface, and matched, so that when jointed in the trench they may form a true and smooth line of tubes ; and in no case sliall they be lowered into the trench until the same is done. Branch-pipe. (e.) All branch-pipe, connections, and pipe of whatsoever kind, shall be excavated for, fitted, and kxid as above descril)ed. Hub and spi-^ot (/•) Wheu hub and spigot pipe are used, thej' shall be laid, fitted, and pipe. " jointed evenly and smoothly, in the same manner as described above. Ko walking on (.'/•) ^o walking on or working over the pipe after they are laid (ex- pipe- ' cept as may be necessary in tamping the earth and refilling) will be allowed until there is at least thirty inches of earth over them. Pine to be (''•) '^^^'^ interior of the pipe shall be carefully freed from all dirt, ce- cle.aned as laid, ment, and su})erfluous material of every description, as the work pro- ceeds ; for which purpose a disk mold or ^ilate attached to a rod suffi- ciently long to pass two joints from the end of the pipe last laid shall be continuously worked through. Month of pipe (i.) The uiouth of the pipe shall be carefully protected from all to be protected, blasts, and the excavation, in all cases, shall be fully completed at least twenty feet in advance of the laying of the pipe. lu all cases, the mouth of the pipe shall be provided with a board or other stopper, carefully fitted to the pipe, to prevent all earth or other substance from washing in. (j.) When the trench is properly prepared for and before laying the pipe, the contractor must notify the engineer, who will thereupon direct an assistant or general superintendent to be present on tlie work when pipes are to be laid ; and it is further expressly understood that at no other time will such laying be proceeded with. MAN-HOLES AND RECEIVING-BASINS. Man-hole ot 29. (a.) Brick man-holes shall be built at such points on the line of the pipe-sewei. pipe-sewers as the commissioner of public works may direct, of the form, thickness, and in the manner shown on the plans of such work on file in the office of the said commissioner. The brick work will be car- ried up to within twelve inches of the arch of the established grade of Onality of work the street at that point, and from templets correctly made and set at ^ ' " top find bottom, whence not less than eight lines are to be drawn. The work in all respects is to be of the (juality described in section 14 of these specifications ; the joints to be neatly struck and pointed on the inside. Foundation. The foundations of these man-holes will be of stone imisonry laid in cetuflut, commencing not less than twelve inches below the line of the inner bottom of the sewer at that point. Sewer-pipes are to be built in and trimmed wheu necessary, so as to be flus]i with the inner face of the man-hole, and an arch turned over the same on a dry sand joint. Wrought-iron rods of good c|uality, of the size, length, and shape re- btepsDui in. q,^j,.g^| for steps, are to be built in where shown on said plan. Ham- • Bluestone. uier-wrought bluestone are to be furnished and laid, of the form and thickness required, as shown on said plan. Man-hole head A cast-iron man-hole head and cover, free from imperfections, and and cover. thoroughly cleaned, and in dimensions, weight, and (quality of iron, and in all respects similar to tlie pattern adopted and furnished by the commissioner of public works, and now exhibited at this ofiice, is to be fitted to each of the above-described man-holes. And it is hereby expressly agreed that any imperfect man-hole head or cover which may be brought upon the work shall be immediately broken up by the in- spector in charge. Bri ok man- ^''O Brick man-holes shall be worked iu the arch of the brick sewers, holes. lit such points iu the line of tlie sewer as the said commissioner may direct, of the size, form, thickness, and iu the manner shown on the plans of such work on file iu the ofiice of said commissioner, and brought up to within twelve inches of the arch of the established grade of the street at that point. The work iu all respects to be of the quality above described. The man-hole is to be fitted with wrought-irou bars for steps, and cast-iron man-hole head and cover, as above described. (c.) The above-described man-holes, whether iu brick or pipe sewers, are in all cases to be fully and completely built, and fitted with their TESTIMONY OF ALEXANDER R. SHEPHERD. 1825 covers, as the work progresses, und as each is reached ; and the sowers will not be allowed to be laid down beyond or in advance of any uu completed man-hole. 'M. Receiviu<>;-basius are to be built where shown on th() plan of the Receiving-ba- work, or at such other places as the said commissioner shall, during the siua. progress of the work, from time to time determine, and will be paid for at the prices specified in this contract. The basins are to be on the circular corners or side of the street, as the said commissioner shall direct, and shall be constructetl in accordance with the thawing or model to be seen at the office of the said commissioner. Each portion of the basins shall be built of the size and materials designated on said drawing or model. Each basin is to have a granite gutter-stone and head-stone, sound and fJ^ttcr- s t o n e perfect throughout, free from all seams or imperfections, with blue- ^m{ bend-stone, stone curb and gutter-stones adjoining, cut in accordance with the said drawing or pattern, and fitted with a cast-iron cover of the best (piality, and of the weight, size, and shape shown in said drawing or pattern, Cast-n-on cover, and also a wronght-iron grate-bar, one inch in diameter, fasteneil solidly into the said head-stone, in the manner shown. The said gutter-stone Gr.ite-bar. and head-stone must be of Maine or Massachusetts granite, finely ham- mer-dressed, and similar to the sample at the pipe-yard, unless other- wise ordered by the said commissioner. A trap of hanuner-wrought rp blue stone, of the size and dimensions shown on said drawing or model, is to be built in the basiu in the manner therein shown. The whole to be built and laid in cemeut-uiortar, as descril)etl in sections Ki and 17 of these speciHeatious, and the joiuts carefully struck on the inside. In case the nature of the ground be such that, in the opinion of the engi- neer, timber or concrete ought to be substituted for the stone founda- Fonmlation to tion, as shown in the said plan or model, the timber or concrete, as the be .substituted, case may be, shall be furnished and laid of the jjroper thickness and size, witliout additional charge by the said contractor. 31. The culvert for the connection of the receiving-basiu is to be Culverts, tifteen-inch vitrified stoneware drain-pipe, of the kind and quality described in sectious 2(i and 27, and laid in the manner provided in section 28. and the treucli refilled in the manner therein described, and shall be connected with the sewers or drain at an angle of forty- five degrees, and in a thorough and worknuvnlike nuinner, and when con- nected with the brick sewers the culvert-pipe shall not project inside the . ^I"* to project said sewers, but be trimmed flush with the curve and lines of the inner *"®''"' ^'^^ sewer, face thereof. In case the line of the sewers shall intersect any culverts now built, so much of said culverts as may, in the oi)inion of the engi- Culvert to be neer be necessary, shall be taken up aud rebuilt or relaid with vitrified rebuilt, stoneware drain-pipe or brick, as the case may be, in the manner de- scribtd above, to connect in a proper curve with said sewers, and the sum of two dollars per running foot will be allowed for the part so re- built or relaid. 32. (ft) The said commissioner shall have the right to connect any sew- Pcrmifa for con- er or sewers with the sewers herein described, or to grant permits to any nections. person or persons to make connections therewith, at any time before it is finally completed ; aud said contractor shall not interfere with or place obstructions in the way of such persons as may be employed in building such new sewer or sewers, or in making such connections; no extra alhjwance will be made to the saiart tlnu'eol ; and that he shall not be entitled to demand or receive payment for any work upon, in, or about the said work, a.s extra work, unless ordered in Kxtra work, '.vriting, l>j' the commissioner of i)ui)lic works, to do the same as extra work, and a price therefor agreed upon previously to its commoucement 1828 AFFAIRS IN THE DISTRICT OF COLUMBIA. Coniuience- (D.) The said party of the second part hereby further agrees that he "^®°*- will commeuce the aforesaid work on such day as said commissioner ".lay designate, and i^rogress therewith, so as to complete the same in accord- ance with this agreement, on or before the expii-atiou of days Time of com- next thereafter, except where rock-excavation be necessary, in which pletiou. case the time hereinbefore stipulated for the completion of the work shall be extended at the rate of one day for each fifteen cubic yards of rock excavated and removed, and returned by the engineer aforesaid, in accordance with the measurement of rock allowed under this agreement ; Sundays, holidays, and such other days on which the prosecution of the whole of the work in accordance with the provisions of this agreement is suspended, to be excepted ; and that the said stipulated time, together with the time which may be allowed for rock-excavation, shall be com- pared with the aggregate time of such inspectors as may be employed on the work, and not construed to mean consecutive days, non completion ^^'^ "'^"'^ ®'^'^^ party of the second part hereby further agrees that the said parties of the tirst part shall be, and they are hereby, authorized to deduct and retain, out of the moneys which may be due or become due to the said party of the second part under this agreement, as a penalty for the non-completion of the work aforesaid within the time hereinbefore stipulated for its completion, the sum which shall accrue and become due for the inspectors' wages, for each and every day the aggregate time of all the inspectors employed upon said work may exceed the said stipulated time for its completion. Abandonment (F.) The said party of the second part further agrees that if the work or delay. under this agreement shall be abandoned, or if at any time the said commissioner shall be of opinion, and shall so certify in writing, that the said work, or any part thereof, is unnecessarily delayed, or that the said contractor is willfully violating any of the conditions or covenants of this contract, or executing the same in bad faith, he shall have the power to notify the aforesaid contractor to discontinue all work under this contract, or any part thereof; and thereupon the said contractor shall cease to continue said work, or said part thereof, and the said com- missioner shall thereupon have the power to place such and so many T>ersons as he may deem advisable, by contract or otherwise, to work at and to complete the work herein described, or any part thereof, and to use such nuxterials as he may find upon the line of said work, or to procitre other materials for the completion of the same, and to charge the ex- pense of said labor and materials to the aforesaid contractor ; and the expense so charged shall be deducted and paid by the parties of the first part out of such moneys as may be then due, or may at any time there after grow due, to the said contractor under and hy virtue of this agree- ment, or any part thereof; and, in case such expense is less than the sum which would have been payable under this contract if the same had been completed bj' said contractor, he shall be entitled to receive the difference, and in case such expense shall exceed the last said sum, he shall pay the amount of such excess to the parties of the first part on the notice from the said commissioner of the excess so due. Personal atten- (^Q.) Xnd the said party of the second part hereby further agrees that '^^ he will give his personal attention constantly to the faithful prosecution of the said work : that he will not assign or sublet the aforesaid work. Men to be paid, i^^^^ ^\i\ keep the same under his own control; and that he will punctu- ally pay the workmen who shall be employed on the aforesaid work, and in cash current ; not in what is denominated store-pay ; and that he will furnish the said commissioner of public works with satisfactory evidence that all persons who have done work or furnished materials under this agreement, or who may have received or sustained any damage or injury through or by reason of any act or omission, carelessness, or want of skill on the part of the said contractor or his agents in the prosecution of the work aforesaid, and who may have given written notice to the said com- missioner before or within ten days after the completion of the work Damao-e aforesaid, that any balance of such workormaterials, or compensation for ' " such injury or damage, is still due and unpaid; have been fully i^aid or secured therefor. And in case such evidence be not furnished as aforesaid, such amount as may be necessary to meet the claims of the persons aforesaid shall be retained from the moneys due the said party of the second part, un- der this agreement, until the liabilities aforesaid shall be fully dis- charged or such notice withdrawn. TESTIMONY OF ALEXANDER R. SHEPHERD. 1829 taiu, by tiiiihLM\s ";uur sullicieiit chains, all the main unci service water- '"^ s»sti""«!l- pipes w bich may be ali'ected in any manner by the work nnder this aj^reement, in their places, withont injury ; or, failinj)- to do so, the said commissioner siiall be, ami he is hereby, authorizisd to replace them, and recalk and repair rhe same immediately, in each block, as the work pr(>{;resses, and the cost thereof shall be charged to the said party of the second ])art ; and the cost so charj>ed to the said jiarty of the second part shall be paid to the said commissioner by him before the work to be done nnder this agreement shall be accepted as completed ; and the said party of the second part hereby further agrees, iu each and every respect, to conform to the provisions of the " Ordinance relative to the construction of sewers in streets where water-pipes are laid," approved by the mayor on the 4tb of October, 1344 ; and that the same shall be considered a part of this agreement. (I) And the said party of the second part further agrees to do every- Gas-pipes, thing necessary to support and sustain the gas-iti])es laid in or across said streets, which nniy be liable to injury from digging the trenches for the work hereinbefore mentioned, and to have a sufficient quantity of timber and plank constantly on the ground, and to use the same as required, for bracing and sheet-piling the sides of the excavation ; also to erect and keep erect a fence or railing across the sides of the excava- tion, and place sufficient lights on or near the work, and keep them Lights, burning from twilight until sunrise. • And the said i)arty of the second part further agrees to give notice iu ^^otice to gas writing at least twenty-four hours before breaking ground, for tlie pur- companies, pose of constructing the work hereinbefore mentioned, to such and all such gas companies as have or may during the progress of the work have any gas-pipes which may be aifected by suck excavations as may become necessary. And it is further agreed that the said party of the second part shall not cause any hinderance to or interference with any such gas company or companies in }irotecting their said pipes, nor in removing or other- wise prot'jcting and replacing the main and service pipes, lamp-posts, and lamps, where necessary ; but that the said party of the second part will sulfer the said company or companies to take all such measures as may become necessary for the purpose aforesaid. And it is hereby further agreed that iu case any damage or injury Penalty ot shall or may result to said pipes, lamp-posts, lamps, and other works of '''?'^''*s^ *'' ^^^' any gascomi)any, through or by reascm of any negligence, carelessness, ^ or want of skill on the part of the said party of the second part, the said party of the second part shall become liable to pay such anujunt as shall or may be sufficient to cover the expense; and damage occasioned by such negligence, carelessness, or nnskillfulness; and such amount sliall l)e charged against the said party of the second part, and may be deducted from any sum or sums due or payable to said i>arty of the second part on account of this contract. -- ■ * (K) And the said party of the second part further agrees that he will ^j.^j^'^'^^^ * ^ ^ " '' indenniify and save harmless the parties of the first part from all suits or actions of every name and description brought against them for or on account of anj' injuries or damages received or sustained by any party or parties by or from the said party of the second part, his servants or agents, in the construction of said work, or by or in conse((uence of any negligence in guarding the same, or anj' imjjroper materials used in its construction, or by or on account of any act or omission of the said party of the second part, or bis agents; and the said ])arty of the sec- ond i)art hereby further agrees that the whole or so n\uch of the mon- eys due to him under and by virtue of this agreenuMit as shall or nniy be ci)nsider(;d necessary by the conniiissioner of public works, shall or may be retained by the said parties of the first part nntil all such suits or claims for damages as aforesaid shall have lusen settled, and evidence to that effect furnished to the satisfaction of the said commissioner. (L) And the saiil party of the second i)art further agrees that he will Incoinpeten t enqdoy only competent, "skillful, and faitliful nn:n to do the W()rk, and ^^j'^j;,'^™';;^.,^ •"' he further agrees that whenever the engineer shall inform him in writ- " ' <• ' ' ing that any nnin on the. work is, in his opinion, ine(uupetent or unCaith- ful, he will discharge him from the work, and will not again employ him on it. And the said i)artyof the second part hereby further agrees to receive the following prices as full compensation for furnisiiing all the materials 1830 AFFAIRS IN THE DISTRICT OF COLUMBIA. and labor in buildiug and constructing, and in all respects completing, the aforesaid work and appurtenances in the manner before S])ecified, to wit : I'rices. For furnishing the materials and building tlie sewer, and including all the fouudatiou-plauk ; also all the excavation, whether hardpan, quicksand, caves, bowlders, or otherwise ; also all embankment for foundation or covering, or elsewhere ; also all plank used for sheet-pil- ing, or any timber used for supporting the banks or sides of the excava- tion ; also the repairs to the \vat*'r-j)i])es and gas-pipes ; also the filling in and ramming the earth around and over the sewer and appurtenances: the removal and dis|)osal of all rock, rubbish, or surplus earth dug out of the trenches ; the taking up and removing the paving-stones, and the earth For bviildina- ^^^ saud from the trenches, to such part of the street or viciuitj' as may be sewers, &c. directed by the engineer ; also all the relaying of curb, gutter, concrete and paving-stones, rendered necessary by the construction of the work, the filling up and repaviug of the cross-gutters ; also the furnishing of earth or sand for retilling the ti^enches, in case of deficiency ; also the preparation of the bottom, where rock has been blasted out; also all pumping and bailing rendered necessary by the character of the work ; also the cleaning out of the sewers, basins, culverts, and connections, and the removal of all rubbish immediately after the completion of each section, as hereinbefore provided ; also all loss or damage arising out of tlie nature of the work aforesaid, or from the action of the elements, or from any iiuforeseen obstructions or difficulties which may be encount- ered in the prosecution of the same ; including also the furnishing of all the necessary materials and labor, and the performance of the whole of the Avork mentioned in the specifications, (excepting only such parts of the work for which a siiecific price is herein named,) and also all ex- penses incurred by or in consequence of the suspension or discontin- uance of said work as before specified, or of a faithful compliance with each and every of the requirements of this agreement, and for well and faithfully completing the same, and the whole thereof, in the manner herein before specified, to wit : For sewer, class I, per linear foot, the sum of For sewer, class II, per linear foot, the sum of For culvert, per linear foot, the sum of • For each receiving-basin complete, the sum of . For each pile furnished and driven, the sum of . For furnishing and laying the foundation plank and timber, where directed, the sum of thirty dollars will be allowed for each one thou- sand feet board measure. Extra coDcretiDo- ^oT concrete made, as described in these sisecifications, and laid where directed, the sum of §5 per cubic yard will be allowed, excepting where such concrete is shown on the plan, as part of the section of the sewer, in which case it is to be considered as belonging to and a part of the sewer. Paid lor rock. For' rock-excavation, where drilling and blasting is necessary, the sum ©f four dollars per cubic yard, and for excavating the same without blasting, when so directed by said commissioner, to prevent injury to the main water-pipes, the sum of five dollars per cubic yard, in each case the measurement to be as hereinbefore specified ; these prices to include the removal of the rock excavated from the line of the work. No soft or disintegrated rock, which may be removed with a pick, and no bowlders or loose rock in rock fillings, or rock on the exterior of the lines of said measurement which may have been previously loosened in excavating trenches for water-pipes or other purposes, to be measured or allowed for as rock. And the said party of the second part further agrees that he shall uot be entitled to demand or receive payment for any portion of the afore- said work or materials until the same shall have been fully completed in the manner set forth iu this agrfeement, and such completion duly cer- TESTIMONY OF ALEXANDER R, SHEPHERD. 1831 tified by the engineer and by the inspector in charge of the work, and by the insju'ctor appointed by the said eonunissioner to examine tlic in- terior of the same, and each and es'ery of the stipnhitions liereinbeibre mentioned are complied with ; and snch completion, dnly certified by the inspectors employed on the work, and by the water-pnrveyor or other ollicer designated by the commissioner of pnblic works, where- upon the parties of the lirst part, under section 4 of chap. 580, Laws of 187"2, will pay, and hereby bind themselves and their successors to pay to the said party of the second part, in casii, or in five-year assessment ^tlanncr of pay- bonds, bearing interest at the rate of seven per cent, prr annum, at the op- mp"t. tion of the comptroller, within thirty days from the time of completion and acceptance of the work by the commissioner of public works, the whole amouut of money accruing to the .said party of the second part, under this contract, excepting snch sum or sums as may l>e lawfully retained un- der any of the provisions hereinbefore contained for that purpose ; but in case the amouut payable under this contract be live thousand dollars, or over, i)aynieuts will be made to the said party of the second i»art liy monthly installments of seventy per cent, on the amount of work per- formed under and in accordance with the provisions and stipulations of this agreement, in conformity with and subject to the terms and condi- tions of an ordinance of the mayor, akhu'iuen, and connuonalty of the city of New York, passed December 30, 1854, entitled, "An ordinance to authorize the issue of bonds upon contracts, payable by a.ssessments, in pursuance of the act of the legislature, passed April 16, 1852," as amend- ed March 8, 18(il, excepting such sum or sums as may be lawfully re- tained under any of the provisions of this agreement ; provided, that nothing herein contained beconstrued to affect the right hereby reserved of the sai\2, printed evidence. April 3, 187:? : Proposed to put up fences on Third and other streets, at 50 cents per foot. L. R., A-73, No. 3388, file. July 10, 1873 : Directed to put up fence on sundry streets, at 40 cents per foot. L. R.,' 15-73, No. 5761 ; C. L. B., vol. 4, 1873, page 887. August 15, 1873 : F. H. Siuith filed power of attorney from II. V. Colton to collect and receive from the board of public works any and all money due or to become due him duriiiine, dressed, and painted two coats; posts set in the ground 18 inches ; three galvanized No. 3 wires to be used ; price 50 cents per linear foot of fence. 1834 AFFAIRS IN THE DISTRICT OF COLUMBIA. Lateral fence, for division of parka. Three by tliroe inch posts, 3^ feet long, Caroliua piue, dressed and painted; 1^ feet in the ground : two wires. No. 3, galvanized ; price 20 cents \)qv linear foot of fence. H. V. COLTON, 59 H Street, northwest. A. R. Shepherd, Esq., Vice-President Board of Piiblic Works. I have gone over the estimates for the above with Mr. Coltou, and am satistied they are as low as the fence can be made and the work thoroughly done. FRANCIS H. SMITH, 520 Third Street. findorsement.l No. 3388 (B. of P. W., vol. 1,) 1873. Washington, D. C, April .30, 1873. Colviu, H. V., 59 H street, N. W. Proposal to furnish and put up for parks on Third street west, above F and other streets, posts, rails, and wires, as described. Price 50 cents per linear foot of fence. Lateral fences at 20 cents. Estimates approved by F. H. Smith. Board op Public Works, District of Columbia, Washington, May 3, 1873. Respectfully referred to A. Cluss, esq., engineer in charge. Mr. Shepherd thinks well of these and will order some. He desires you to report your opinion, and also to examine them and see if the cap of the post cannot be im- proved. By order of the board : EDWARD JOHNSON, Chief Clerk. An estimate of this fence foots up as follows : [Sketch of fence.] There is required for a panel 6 feet long : ,1 post 5' long, 3" by 4" dressed, &c., at 6 cents $0 30 6 linear feet of bar 2" by 2" at 5 cents 30 Digging a hole and setting a post , 25 A mortise through post, &-c 30 12 feet of i^th wire, at 5 cents 60 Painting in 3 coats 50 2 25 10 per cent, contingent 23 2 48 Which makes 42 cents per linear foot. I recommend that an experiment be made at once, extending through a sufficient length of a street, and when successful, then to go on on a larger scale. ADOLPH CLUSS. 14-5-'73. The inclosed s]3ace on New York avenue would, in my opinion, be a fit place for the test. A. C. Upou that this party was authorized to go ou aud fit up that street. By the Chairman : Q. Mr. Cluss was then your engineer? — A. Yes, sir; it was referred to him to report as to the price. 1 will state, however, in regard to that that upon consultation it was found best to do away with the wires, as the boys would get on them with their feet and bend aud swing them down so as to destroy their straight outline and make it an ugly-look- ing fence. Instead of that they did away with two wires aud put in a neat round bar, strong enough to support a boy if he got on it, without breaking it and without springing it. Ou the 3d of July, 1873, there was an additional proposition from Mr. Coltou : TESTIMONY OF ALEXANDER R. SHEPHERD. 1835 Washington, D. C, July 3, 1873. Dkah Sik : I propose to furnish and put up complete, of best material, fence similar to that on N'ew York avenue, west of Ninth street, or anj^ other portion of eijual cost, in frout of parking which is completed, or as the same nuiy ho completed, at the rate of 40 cents per linear foot, payable as the same may be accepted by the board, viz, in front of all parks for which no provision has been made for stone coping or iron or other fence, or which may not be excepted by the board, on the following streets and avenues: East Capitol, North Capitol, New York avenu(% Massachusetts avenue, G, H, K, and L streets, northwest, Fourth, Eighth, Tenth, Eleventh, Twelfth, Thirteenth, Fifteenth, Sixteenth, Ninteenth, Twentieth, Twenty-first, and Twenty-second streets west. Very respectfully, H. V. COLTON, 59 H Street, Per S. H. T. A. R. Shkphkrd, Esq., T'ke-PirsidcHt Board ruhlic IVarks. Cunningham : Select streets where this is most needed. A. R. S. [Indorsement. [ No. 5604 (Board of Public Works, vol. 2,) 1873. Washington, D. C, July 3, 1373. Colton, H. v., 59 H street. Proposal to furnish, and put up complete, fence similar to that on New York avenue, west of Ninth, at forty cents per linear foot, giving a list of streets. C. L. B., volume 4, 1873, p. 888. Board of Public Works, District of Columbia, Washington, July 3, 1873. Respectfully referred to 5Ir. Cunningham, whe will select streets where this is most needed. By order of the board : CHAS. S. JOHNSON, O. K. Assistant Secretary. Respectfully returned, with recommendation that Massachusetts avenue, from Four- teenth to Ninth, on north side, and from Eleventh to Ninth on south side; New York, from Seventh to First street, northwest, on both sides ; Twentieth, Twenty- first, and Twenty-second streets, from Pennsylvania avenue to F street, northwest, is about all that a e in need of fencing. CHAS. W. CUNNINGHAM, July 7. Inspector, Give order for this also : Sixteenth street, from L to R street. Is this Sixteenth street from S to R, or L to R, streets? I am not quite sure which i.s intended. C. S. J. L to R street. That is the history of the fence question. By the Chairman : Q. State your knoAvledge of the character of the bricks used in the B-street .sewtT ; whether at anytime you inspected the same? — A. I carefully inspected those bricks every day, for it was a sewer in which I felt a special interest, as the filling up of the canal and the building of a sew er alongside of it was one of the prominent features in the last investigation. Of course, as the executive oflicer of the board, I felt a sjx'cial interest in having the work thoroughly done, so that tlie plan wliich we liad adopted of getting rid of the old pest, the canal, and putting a sewer along.side of it, would be a successful experiment. I wi'Dt daily along the work, sometinu's with the engineer ami sometimes with other members of the board. The bricks tliat were u.sed, in .some cases, were of a light color. . I suppose I have broken hundreds of them, but on breaking them I found that inside they Avere good red brick — solid brick; annt it in condition etiual to any road in the United States of America. It is about tive miles lony', and sixty to sixty-six feet wide. By the Chairman : Q. Do you know the cost of that road ? — A. I think the cost was one hundred anil forty to one hundred and fifty thousand dollars. Q. About thirty thousand dollars to the mile '. — A. Yes, sir. Q. Or graveled ? — A. It is graveled all the way, and macadamized 12 feet in the center all the way out — macadamized 12 inches deep. Q. ^Macadamized and graveled the whole width, GO feet ? — A. Xo, sir; it is macadamized 12 or 15 feet in the center, and graveled on the sides. Q. That is, the full width of GO feet ?— A. Over to the gutters. There are gutters formed on each side to prevent washing. I supi)Ose the width of the road is about oo or 5G feet. By Mr. Hubbei.l : Q. That is the one that leads to the Schutzen Park ? — A. Yes, sir. The lower part of that road was graveled with excellent gravel. In the upper part the gravel was the best that could be had, but not as good as the lower part. There are oidy two bad places in it; one about half way out, and the other about two-thirds of the way out. By the Chairman : Q. ^^'as that road built by contract or by day's work? — A. That work was built by day's work, except the macadamizing; this was done by contract. Q. I will ask you this (piestiou : It is said that it was very improvi- dently done. I think some of the people living on the line of the road have been before us, and testified that it was very improvidently man- aged. — A. There were two parties living on the road who testified, and who I think would have been dissatisfied with anything that would have been done. They were dissatisfied with any and all improvements at all. Q. What do you think about it yourself? — A. 1 think that work was done as chea[)ly as it was possible to do work of that kind. Q. State the action of tlie board in regard to the treating of wooden pavements and the laying of the concrete pavenient. The witness submitted and read the following, as an answer to the question. Advertisements for se.alcd proposals for the preservation of wooden pavement blocks, by any or all of tlie different methods used for treatment of wood, was published February 9, 1872, in the dailies — Chronicle, Star, and K(?pul»licau — of this city, and Philadelphia Press, Boston Journal, and New York Times. Journal A, 1>^7'2, p. (50. February 20, 1872 : Proposals for preservation of wood for wooden pavements wei'e opened by the vice-president. Journal A, 1872, p. 75. On the same date the advisory board of engineers was requested to be j)resentat a meetini; of the board on Friday, 2:5d instant, at 1 o'clock p. m., to consider the different methods of pn^serving wood. Journal A, 1872, p. 70. February 2:{, 1872: Tlie board met at half pa.st 1 p. m. Present: Governor Cooke, Messrs. Shepherd, Mayruder, and Brown ; of the advisory board. Generals Humphreys and Barnes. The members of the advisory board were present, by request, for tlni purpose of considering, in connection with the iji>ard, the proposals for preserving wood for wooden pavements, which were opened on the 20th instant. The following bidders were rei»ri'.sented, viz: C. G. Watorbury, by James G. Adam.s ; De Golyer & McClelland, by Nickerson cV Mct'lellaud ; A. B. Tripler, not represented; Detwilder «.t Yan Gilder, not n^prestjnted ; .I.E. Dextei-, not represented; Charles L. Colt, not represented; John G. Moore, by .John G.Moore; W. T. Peltnu, by W. T. Peltou ; R. W. Trunde, not represented ; Sigisminid Beer, not represented. Addresses were made relative to the merits of the several processes. Upon the reeonuuendatifin of the members of the advisory board, the parties repre- senting the bidders were requested to furnish sample.M of wood prepared by their re- 1838 AFFAIRS IN THE DISTRICT OF COLUMBIA. ■spective processes, with a view of having a practical examiuatiou made of their rela- tive merits. After which the members of the advisory board withdrew. Journal A, 1872, p. 78. February 29 : General J. K. Barnes was advised that samples of wood preserved by different processes were ready for the test proposed by him, and he was re(piested to designate some person to make the chemical analysis. Journal A, 1872, p. 87. March 1 : Dr, B. F. Craig, chemist, Army Medical Museum, was informed that Surgeon- General Barnes had designated him to make the chemical analysis of specimens of preserved wood, which specimens, fifteen in number, were forwarded to him. Journal A, 1872, p. 89. The original papers, relative to the various methods of preserving wood — samples of which have been forwarded — were transmitted to Dr. B. F. Craig, U. S. A., for his infor- mation, the same to be returned to this office for file. Journal A, 1872, p. 98. May 9. — The able, comprehensive, and exhaustive report on the different i)rocesses of preserving wood was received from Gen. J. K. Barnes, and the thanks of the board were returned for the same. (Journal A, 1872, ]). 207.) May 10. — John O. Evans was awarded a contract for paving Pennsylvania avenue ■from Eighteenth street to Rock Creek, and on Aqueduct and Bridge streets, George- town, to High street, with the Ballard or iron-wood pavement ; blocks to be .5^- iuches deep, and to be treated by the " Seely process," at $3.50 per square yard com- plete. (Journal A, 1872, p. 213.) May 13. — The advisory board of engineers was requested to meet with the board on the 15th instant at 2 o'clock p. m. (Journal A, 1872, p. 213.) May 15. — Generals Barnes, Meigs, and Babcock, of the advisory board of engineers, were present by appointment for the purpose of considering the report of Doctors Craig and Tilden upon the specimens of i^reserved wood submitted to them for chemi- cal analysis, for report of the advisory board of engineers. (See p. 226 Journal A, 1872.) The Witness. I will state that the advisory board consisted of Geu- eralllumphreys, Chief Engineer of the Army, General Meigs, Quarter- master-Geueral, the engineer oflicer who bnilt this building, and General Barnes, Surgeon-General, and General Babcock. All these different samples were submitted to two chemists in the employ of the Surgeon- General, who made their report recommending first the creosoting, and secondly the bnrnettizing, and lastly the Samuels process, of which they did not think a great deal. The advisory board recommended that the board of public works use the concrete pavement as far as possible in the city of Washington, which advice was adopted, and so far as pub- lic opinion would allow the concrete pavements they were laid. There was great prejudice, however, against them in the city, which is wearing away, but which has not yet entirely, and the board endeavored in mo >t instances to consult the wishes of the property- holders on the various streeets in regard to the kind of pavement to be laid. By the Chairman : Q. Have you not made large contracts for wood pavements since the report of that board f — A. O, yes. I say that the reason that we could not put down concrete was the popular feeling against them. I have here an abstract of petitions presented to the board in regard to the different pavements. There are some 35 or 40 different petitions. If the committee choose I will put the abstract in. The abstract referred to is as follows : Tenth street, heijond K street— 'November 13, 1872. R. V. Belt states the property-own- ers would like to have wood pavement. No. 11556, vol. E, 1872. Sixth street, northwest.— November 21, 1872. W. B. Todd requested that this street be laid with Flanagan wood pavement. No. 11931, vol. E, 1872. B street, hetween Second and Third streets, 7wrthtvest.—Se])temberl, 1872. Adams Express Company requested that this street be laid with wood pavement. No. 9132, vol. D, 1872. Twenty-fourth street.— July 22, 1872. C. L. Hulse incloses petition of property-holders iu this street, in favor of wood pavement. No. 6441, vol. C, 1872. TESTIMONY OF ALEXANDER E. snEPHERD. 1839 Pennsjih-aiiia avetine east. — May 11, 187'2. G. F. Gnlick states that the property-holders prefer wood paveuunit to inacatlam. No. 31569, voL B, 1872. Eleventh street to O street, northwest — July 27,187*2. F. W. Pratt requested that pave- ment be extended alonj^ this street. No. G826, vol. C, 1872. Tenth street, lieiiond X street. — Nov. 30, 1872. R. V. Belt and others request the wood pavement be continued on this street. No. 13282, vol. E, 1872. E, befireen Thirteenth and Fourteenth streets, northwest. — Octolter 21, 1872. A. Nailor, jr., and others, reijuested that the street be paved with wood or concrete. No. 10536, vol. E, 1872. Fifth and G streets, intersection of. — October 23, 1872. W. R. Ford and others re- quested tliat this street be laid with sqiuire-block pavement. No. 10048, vol. E, 1872. Third .street, between Pennsijlrania arenne and C strei-t, southeast.— An<^uiit 2'.i, 1S72. P. McNannira requested that this street be laid with wood pavement. No. 8039, vol. D, 1872. Eighth street east. — April 24, 1872. J. H. Hilton and others requested that this street be laid with woo,()0U s(iuare yards of wood pavement, and should the street be prepared, will be ready to proceed with the work on or before the 5th day of August next. Will you do us the favor to designate the street, that we may make preparations to commence work at once, and we agree to tinish the same in sixty days ? We would prefer (if approved by your honoral>le board) to lay the De Golyer, No. 1 block, with bed-boards treated by the Waterbury or other oil process. Should you now award the stone contract of 10.000 square yards, we will agree to perform the work within the same time. We are vour obedient servants, O'CONNOR & SHANLEY. [Indorsement.! No. t>99T. (B. of P. W., vol. G,) 1ST3. Washington, 1). C, July 30, 1873. O'Connor & Shauley accept contract for '^o.OOO sijuare yards of wood pavement, and if the street is prepared, will be ready to proceed on or before August 5. Wish to know the street so they can make ))reparations. Would prefer to lay the De Golyer No. 1, with bed- boards treated by Waterbury or other oil process. Request contract for 10,000 square yards. That is the history of the O'Conuor & Shanley matter. They did not do any work — why, I do not know, but no work wa.s ever done by them, and there the matter rested. Q. I will ask you right here, did you know Mr. AVilcox in that trans- action '? — A. Mr. Wilcox was introduced to me, as was Mr. Ilinds, by some one, I do not recollect just at this moment who it was — some friend of theirs. The statement was made that these parties were interested with this O'Connor cS: Shanley, and were to superintend the work and liave something to do with it, and were to have an interest in it, in fact. My reply to them was that if responsible parties could be found to do the work, I sliould be very glad to get them, the object being to get men responsible to do whatever work we awarded. Q. You knew nothing of any arrangement by which Mv. Ilines was to have a contract fur him.self .' — A. >\)thing, whatever, beyond what I have stated. Q. He never had any promise from you that he should have a con- tract? — A. Never, that 1 know of. I was very careful in regard to that matter, and never treated with anyl)oossible that some errors may have occurred — and I have no doubt some 1846 AFFAIRS IN THE DISTRICT OF COLUMBIA. have, aud that there were some overcharges — in the main, I think, the measurements are correct. I am pretty certain of one thing, that the Gov- ernment in oneitem alone, namely, the 5 percent, chargeable in contingen- cies, which were not charged to the Government, and which would amount upon the Avork done for them toover $200,000, which they have not paid, which has not been charged to them, is four times the amount of any possible discrepancies that may have occurred in this measurement ; and that if a measurement was ordered, and the Government paid as private-property owners and the District paid, it would amount to a great deal more than we have received. There are some points which have come out during this investigation, but of which I had no knowl- edge before. Mr. Wilson called my attention to reservation 17. I do not think that was a i^roper charge, but I knew nothing of it until my attention was brought to it here. There are probably some other cases^ of a similar character, but in the main the Government has not i)aid its quota. In this connection I would call the attention of the commit- tee to a statmeut in my answer as to the amount due the General Gov- ernment on account of these imjirovements. Q. What page ? — A. It will be found on pages 460 and 401. I will read : Question. What amount, if any, does the District government estimate ought yet to be paid by the United States for improvements made by the former? — Answer. The board of public vrorks, in their report to the President, dated tlie 1st day of November last, estimated the indebtedness of the General Government, on account of work done by them, to be as follows: For work in and around Government reservations aud public buildings. ^'^7'^, 171 ?.'> For work on avenues 1, 05fi, 574 36 For main sewerage 2, 740, 687 83 Total 4,370,427 94 This, however, is but a small portion of the sum equitably due by the Government on account of expenditures made by our citizens in their corporate capacity for the improvement of the streets and avenues of the city of Washington, aud the roads aud thoroughfares of other parts of the District. The streets and avenues are held in fee- simple by the General Government. This has been expresslj' decided by the Supreme Court of the United States in the case of Van Ness against the city of Washington and the United States of America, in which the opinion was delivered by Justice Story, and will be found in the 4th Peters, page 27.5. Streets and avenues have since been opened or closed, as the purposes of the Government seemed to require, without regard to the original jdan of the city or the convenience of citizens ; and only re- cently, in extending the Capitol grounds. Congress appropriated aud iuclosed both A street north and A street south. The accompanying certificate of the superintendent of assessments and taxes, and of the surveyor of the District, shows that the area thus gained is 397,280 square feet, worth, under the appraisement directed by Con- gress, and confirmed by the supreme court of the District, !|.576,6.56. The Government has also retained the ground reclaimed by the filling of the canal, amounting to 2,330,195 square feet, worth, at the valuation of adjacent property, $2,500,000. The certificate of the register of the District as to the expenditures for improvemeu ts made since 1802, aud prior to 1871, is as follows : Corporation of Washington, from general and ward funds $5,660,204 38 Property-holders of Washington, under special assessments 2, 585, 175 78 Total of Washington City 8,245,380 16 Corporation aud propert^ -holders of Georgetown 681, 184 19 Levy court '. 272,867 59 * Total expended 9, 199,431 94 I hereby certify that the above statement is a true exhibit of the amouuts expeudeiJ TESTIMONY OF ALEXANDER R. SHEPHERD. 1847 for iinprovemeuts in the District of Columbia, as eviJeuoed by the vouclicrs ou (ilc in this office. Attest : JOHN F. COOK, JU'f/ister, D. C Rkgistek's OriicE, District oi" Columbia, Ftbruary 27, 1874. The expenditures of the board of public works since the District gov- ernment went into operation have been, on streets and avenues, as per statement of auditor $11, 175,978 7(5 Total expended by citizens of District of Columbia since 1802.. 20,375,410 70 The amount expended by the United States Government, during the same period, ou streets and avenues 4.476,700 49 Showing excess of expenditure by citizens over General Government in improvement of the streets, avenues, and roads, nine-tenths of which are owned absolutely by the Government 15,898,704 21 Xow, the point is this, gentlemen of the committee, these street.s and avenues are owned in fee-simple by the United States Government. It is their place to assist in taking care of them. They were deeded abso- Intely in fee-simple to the United States Government, and, in addition to that, every alternate lot of the building-lots in this city under the original cession were deeded to the United States Government. The United States Government has sold out those lots and used the pro- ceeds for the public buildings, and things of that kind; our claim, as citizens of Washington, is that it should bear its proportion of the expen- ditures which have been made on these streets and avenues. Q. You say very specific directions were given iu reference to these measurements. Were those directions in writing or were they verbal ? — A, I think they were verbal. Q. Given by General Babcock and who else? — A. By General Bab- cock 'and myself. (»>. To whom .'—A. To Mr. Samo, Mr. For.syth, and 3Ir. Oertly. Q. Do you regard Mr. For.syth as an accurate man in measurements .' — A, I think ]Mr. Forsyth is an accurate man, but his manner is against him. He is a man who has had a vast deal of experience, and is a self-educated man. For tweuty-tive years he has had the measurement and control of surveys iu the city of Washington, and I doubt very much whether any other man could have done as much with as little complaint, and liave maintained his reputation as long as Mr. Forsyth has. I regard 3[r. Uertly as one of the best mathematicians I ever met with. He is a man thoroughly conversant with figures, and a thorough engineer, lie .served the United States Government in the Treasury I)ei»artment, as its sworn measurer, for many years. I think he is un- surpas.sed as a mathematician. (},. State, the rea.sons for the passage of the general-sewerage law; your views as to its nece.s.sities and proprieties; give all the data you have as to the (luality of the a.s.se.ssments. — A. Tiic question of the main .sewerage of the city was a question which has been under consid- eration by the board of i)ublic works ever since they came into power. The question has been how to make such assessments as would be fair, and at the .same time wouhl enable the carrying-out of an ellicient system of .sewerage for the city. After a great many consultations were held, and a great deal of thought given to the subject, I will state before I go any further, that early in the history of the board, about January, 3 871', along in tlie winter of 1872, (leneral Green, who had been engineer of the board, was employed to i)erfect a .system of 1848 AFFAIRS IX THE DISTRICT OF COLUMBIA. sewerage for the city, wliieli lie did, and for which he was paid the sum of $3,000. Those maps are uow in the possession of the board, and the plans then agreed npon, with some slight modifications, have been carried out. The establishment of a system of sewerage was based upon this general idea, to follow the topographical feat- ures of the city in the construction of these sewers ; let the natural drainage be the basis upon which a system should be established, and to assess upon each section following the natural drainage the cost of building the sewer in that section. In accordance with that scheme the legislative assembly, on the 26th of June, 1873, passed an act making provisions for a complete system of drainage and sewerage of the city of Washington. The act divides the territories of these two cities into five sections, the limits of which are defined by, or have necessary reference to, the topographical features of the territory, in re- lation especially to the laud-fall of the different parts thereof, and to the water-courses by which it is traversed, and which con- tribute to and, in a certain degree, control the transmission of surface-water or sewerage into the great receptacle, the river Potomac. This is followed in every instance except one, and that is the construc- tion of the Boundary-street sewer. The Boundary-street sewer — which the committee will recollect, as I presume most of them have seen it — was built for the purpose of diverting a portion of the water which comes into the city from the northeastern section — nearly three thousand acres — and preventing that water from going through the heart of the city, through the Tiber valley proper. Accordingly, this sewer was built with a view of damming up at Boundary street, making a lake there, and turning the surplus water, in case of freshets, into the East- ern Branch of the Potomac. ISTow, in regard to the equality of this tax, I have gone to some pains to get at the facts as to how it bears upon the property. As the first explanation, I will submit a letter : Office of Superintendent of Assessments and Taxes, Washington, D. €., April 18, 1874. Sm : 111 accordauce w itb your request, I have the houor to transmit herewith the average value of the ground per foot in the five sewer-districts comprised in the cities of Washington and Georgetown, arranged according to their respective districts. Very respectfully, yours, WILLIAM MORGAN, Superintendent. Assessments and Taxes. Hon. A. R. SiiErHERD, Governor District of Cohtmhia. Statement showing the total number of square feet, total value of ground, and average rate per square foot of the fve sewer-distrivts in the cities of If'ashington and Georgetown. District 1 : Number of square feet, 10,622,025; value of ground, $2,471,770; average rate per square foot. 15 cents. By Mr. Bass : Q. That is exclusive of improvements? — A. Yes, sir; just the value of the ground. District 2: Number of square feet, 14,941,540 ; value of ground, $6,207,218 ; average rate per square foot, 42 cents. District 3 : Number of square feet, 2,881,680 ; value of ground, $1,053,833 ; average rate per square foot, 37 cents. The Witness. That is the third district. That is the five-mills district. TESTIMONY OF ALEXANDER R. SHEPHERD. 1849 By Mr. Wii^soN : Q. Where is tliat district ? — A. Xo. 2 district is out where the " real- estiite pool *' is, in the northwesteru portion ot the city. Q. Do you kiu)w wliat that real estate is assessed at ? — A. Yes, sir ; I will give you the balance of it in a moment. District 4 : Number of square feet, lG,870,15o : value of ground, $17,233,350 ; average rate per scjuare foot, S1.02. District 5: Number of .square feet, 84,084,040 : value of ground, $20,719,411 ; average rate per square foot, 25 cents. Respectfully submitted. WILLIAM MORGAN, Siipt. As-sissments and Taxen. Q. At present, that is the lowest average of ground in the Tiber dis- trict ? — A. This least improved i)art is 2o cents per square foot. By the Chairman : Q. Tluit includes no improved property — just the value of the ground '! — A. Yes, sir ; just the value of the ground. By Mr. Wilson : Q. You have spoken of the '• real-estate pool ;" what is that property out there f — A. It is assessed at eleven mills per square foot. Q. That is for the sewerage purposes ; I am speaking about the gen- eral assessment. — A. The value is 42 cents per square foot. Q. That is the average value ? — A. Y'es, sir ; 42 cents per square foot. The Witness. Xow, I will submit to you — this is an interesting state- ment, and I have spent some time in having it gotten up. I will read : IJoAHD OF PiiiLic Works, District of Columhia, Jfashington, May 2, 1874. Hon. A. R. Siiepiikhd. (iorernor District of Columbia : Sir: In response to j'our request to be furnislied with a statement of the amount paid for sewerage in the city of Washington, within the limits of the present sewerage- districts — The Witness. What I wanted to get at was what hnd been ]>aid heretofore by the ohl corporation for this work. [Reading resumed as follows:] prior to June, 1871; also, the area of said districts, I liave the honor to submit the following, viz : Amount naid. Area, sqnare fept. Second district $32, 183" 25 14,941,540 Third district 127, 472 2ti 2, 881, G8(i Fourth district 292, 025 43 16, 870, 153 Fifth district 295,842 73 84,084,049 747,523 Cu 11^1,777,428 Respectfully, A:c., G. W. EARNER. Now, the way in which that stands per foot shows that the amount l)aid for sewerage, expended i)rior to June, 1871, upon each s(iuare foot of land within the limits of the present sewer-distri(!ts, is as follows : The second district, where tlie tax is 11 mills, has paid 2,',/,, cents under the old corj)oration ; the thinl district, where the tax is 5 mills, has ])aid 4,'*„-„ cents; the fourth district, where the tax is 20 mills, has paid ly„'„ cents, which is the heaviest tax of the whole; but the firth -"irr llsl <*f s » s es C |^^« H •g g 1 "S'S «o ir- « J5 -C o .5 cs . S 00 •r ^ ? . -T 1- 171 T-l Tj" ® hf.S pep £" •^ « . o* = 11 " •5 Cl* U4 ^ S
  • • sj.2 » q t- ^•6 ^ i 1 ?S « •" _ K L-5 CI rt '.^ CO "^ "^ 0= « I'll S P -2 QO 1 00 ? 53 to ■~ s *^ ^- ® cf-T « Ci ^ .=<&* 2^ < ~ ■« C ■c = '^ ^a 5 5 f^ M bb s; i s^l-l CI 1- 00" ~f C3 11-, 10 ^ |S|> S bi *: S ~ s S^ Xi '^ c in n ■■5 I'tS' •3 ^ tjT-S IS . to"cf in «*'*•=: ^ •^t^ ^ 1—1 t-lN Cl a SJ"^ «s s^ (i s'=iferi §^ ID r- -K. 15-, -^ =: i .£ 00 •£ "?•!§ r- mS '^ •S: 'T; i-H » P P <£ ^ 1 t :;p: , MO o . ■» •ECS p^.S *^ ^ ■§ c 5 L-r ^ .2 '^" -= « c - ^ O TESTIMONY OF ALEXANDER R. SHERHERD. 1855 Q. State the relative prices allowed Ity the board for tlagginj;-, and why. — A, Well, there has been some (inestion in regard to the prices of tiagjjfing as paid for by the board, and 1 snbnnt the record in regard to the flagging- on B .street, from Twelfth to Fonrteenth streets. Specification for Jing walka on Seventh, Twelfth, and Fourteenth streets, hetireen li street north and li street > of Public Works, District of Columbia. This was referred by me to the (Migineer to establish prices, 'i'lie following indorsements on the ap[»lication will show the action taken : [No, 3950, board of public works 2, '73.] Washingtox, D, C, May 14, 1873. Evans, .John O., reiiuests that price be established for work now being done by him under the board's order on the following streets : Seventh, Twelfth, and Fourteenth, between B street south and B street uortli, as follows: for flaggiug-stone, sand, gravel, aud cemeut; for grading the walks; for jointing, cutting. amY setting the stoue.'^as per specification ; also for parking according to i)lau. C. L. B., vol. 3, '73, p. G07. Evaus. No. 123G ; contracts, 1873. Contract No. Gi)4. Referred to the engineer to establish prices aud report. A. R. S. H()\i:i) oi- I'riu.K; Wukks, D. C, Man IG, 1873. 1856 AFFAIRS IN THE DISTRICT OF COLUMBIA. I estimate a fair cost tlius : Cents. Necessary grading per foot 3 Stock 50 Jointing 10 Taking out of wind, but no other top-di'essiug (5 Furnishing sand, kiy ing, and grouting with cement 15 Total per superficial foot 87 The price of parking is established. Resi)ectfully, ADOLPH CLUSS, Enoineer in charae. M.VY I'd, 1873. Respectfully referred to the contract clerk. Mr. Evans has been notitied in accord- ance with the recommendation of the engineer in charge. By order of the board. CHAS. S. JOHNSON, Assistant Secretarii. M.VY -21, 1873. BoAiiD OF Public Wokks, District ov Columbia, Washington, May 21, 1873. John 0. Evans, Esq., 341 Pennsylvania Avenue, northwest : Sir : Your request that the prices be established for the work now being done by you on Seventh, Twelfth, and Fourteenth streets, between B street north and B street south, was referred to the engineer in charge, who has fixed the following prices, viz : Necessary grading, 3 cents ; stock, .')0 cents ; jointing, 10 cents ; taking out of wind, but no other top dressing, 6 cents ; furnishing sand, laying and grouting with cement, 15 cents ; making a total of 84 cents per superficial foot. The price of parking is estab- lished. By order of the board : CHARLES S. .JOHNSON, Assistant Secretary. A true copy : Charles S. Johnson, Secretary. The Witness. This price was increased by tlie auditor to 90 cents, 6 cents being allowed for the haul, which was not included in the engi- neer's estimate. In regard to the price paid by the board, I submit certain vouchers here ; one of 1870 by M, G. Emeiy & Brother, for filling and grading grounds and improving plateau east of the United States Capitol. For filling and grading grounds and improving plateau east of United States Capitol. The United States, To M, G. Emery & Bro., Dr. October .5, 1870--For 1093' 8' flagging laid, at 84 cents $918 66 For 36' relaying flagging, at 12 cents 4 32 For setting 49' 9" granite curb, at 40 cents 19 90 November 4, 1870— For 110' 7", 24" coping, at l|1.50 165 87 29, For 57' 0", 24 " bridge, at |1.40. 79 80 1, 188 57 A true copy : B. R. COWEN, Acting Secretary. I certify that the articles above charged have been received, and services performed : that they were necessary for, and have been or will be applied to, filling and grading grounds and improving plateau east of United States Capitol ; and that the prices were, in my opinion, just and reasonable. EDWARD CLARK, Architect in Charge. TESTIMONY OF ALEXANDER R. SHEPHERD. 1857 Received, Washiiipfton, D. C, this •2'Jth day of Deceuiher, 1870, fioni F. W. Cleiiions, disbursing agent, the snin of eleven hundred and eighty-eight doihiis and (ifty-seveu ceuts, ill full pavmeiit of the above aeeouut. 11,188.57. M. G. EMKKV & ]}K0. Here is anotlier bill of John Burns : For gtadiiHj and jHirhuj streets around the I'ajAlol and improving Capitol (jronnd^. The Umtkd States, To John Bithxs, Dr. November 29, 1873. — ForHnal e.stiuiate for Joiutiug and laying .3,666 superficial feet of Seneca liagging, at 1 1 cents $403 'H't For jointing 897 superticial feet of Seneca liagging, at 6 cents 53 8-2 For furnishing 275 superficial feet of North River flagging, at 55 cents 151 25 For (W days' services of stone-cutters, at S5 342 50 For 34 days' services of laborer, at .¥!2 68 00 1,018 8:i Credit : By approximate estimate, November 8, 1873 :^250 03 By approximate estimate, November 22, 1873 250 03 500 0(5 518 77 A true copy : B. R. COWAN, Acting Secretary. I certify that the articU;s above charged have been received, and services performed that they were necessary for. and have beiMi or will be ap])lie(l to grading and paving streets, &c., around the Cajjitol, and for improving Capitol grounds; anil that the prices were, in mv opinion, just and reasonable. EDWARD CLARK, Jrchitect in Charge. Received, Washington, D. C, this 29tli day of November, 1873, from R. .Joseph, dis- bursing agent, the sum of §518.77, in full pavment of the above account .S518.77.] (Signed in triplicate.) ' JOHN BURNS. In refjard to another bill wliicli I submit, copied from a voucher filed in the Treasury Department ; I i)resent this. Before i)resentino; it, I will statethat it is a bill tor laying flagging and loot-ways ; several ditier- ent items, at 85 cents a square foot, aggregating -115,345.02. This bill "was paid hy check No. 831, August 20, 180!), from the Treasury of the United States, and is certifietl to by N. Michler, major of Engineers of the United States, and brevet brigadier-general of the United States Army, who was in charge of public buihlings and grounds at tliat time. It is as follows : Appropriation for repairing in front of the War Drpartnu nton Pennsylrania avenue, and on Seventeenth street, with stone fagging. The Unitko Statks, To M. C. E.MKKV, Dr. Aug. 29, 18(i7. — For laying a flag pavement in front of the War Depart- ment on Pennsylvania avenue, and on Seventeenth street, viz : From west gate of President's House to corner of Seventeenith street, 7,315' 2" sipiare feet, at 85 cents $6,217 92 From corner of Seventeenth street to War Department, 4,682' .55 ' square feet at 85 cents 3,980 16 Yrnin War Department to Navy Department, 3,811' 24" square feet at 84') cents 3. 239 .55 For 519' 7" 8(iuare feet additional flagging in underdrain sewers, &c., at 85 cents 141 74 117 D C T 1858 AFFAIRS IX THE DISTRICT OF COLUMBIA. Aug. 29, IStiT. — For 17 days niasous and stone-cutters laying drains, sew- ers, &c.', at $5 $85 00 For 19 days of attendance of laborer, at $2 38 00 For 1 circling granite curbstone, 2 feet 6 inches, at $3 7 50 For 9 barrels cement for sewers and drains, at ,$2.75. 24 75 For (570 linear feet of 10-incb curbing set, at $1..50 1, 005 00 For taking up and resetting 1,.527 square feet of flagging, at 20 cents 305 40 Check No. 831, August 29, 1867, on Treasury United States, for 15,345 02 Received at Washington City, D. C, this 29th day of August, 1867, from Bvt. Brig. Gen. M. Michler, Corps of Engineers, the sum of $15,345.02, in full payment of the above account. $15,345.02.] (Signed in duplicate.) M. G. EMERY. I certify that the within account is correct and just ; that the articles were received ; that the services were rendered, and that they were necessary for, and were applied or will be applied to, the j)urposes set forth herein under the head of "Application," and will be accounted for in my return for the third quarter of 1867. N. MICHLER, Major of Engineers, Bri. Brig. Gen., U. S. A. Here is still another to M. G. Emery : B. B. French, Commissioner of ruhlic Buildings, To M. G. Emeky, Dr. May 31, 1866. For 3,000 feet superficial, of extra thick select flagging, cut and laid in cement on Seventeenth street, in front of Navy and War Offices, at $1 per foot $3, 000 Coi-rect : J. W. ANGUS, General Superintendent. June 14, 1S06. Received from B. B. French, Commissioner of Public Buildings, the \;bove amount of three thousand dollars, in full of the above account. M. G. EMERY. In regard to the prices charged the Government for flagging at Farra- gut Square and P-street circle, I submit the price charged and paid to M. G. Emery & Brother by the United States, for grading and paving the circle at Fourteenth street and Massachusetts avenue. The state- ment is as follows : (Form 8.) Apjjropriation for grading and paving circle at Vermont and Massachusetts avenues. The Unitj:d States, (for flagging,) To M. G. Emery & Bro., Dr. 1871.— To 3,552 cubic square feet Seneca flagging, $1.25 $4,440 62 To 728 scjuare yards triinmiug. 15 cents 109 20 To cutting ]00\iotches for posts, $1 100 00 To 115 cart-loads of sand, $1 115 00 To 8 barrels of cement, $3.12^ 25 00 4, 789 82 Received at — = — , this day of , 187 — , from , Corps of Engineers, the sum of dollars and cents, in full payment of the above account. Check No. , dated , 187—, on for $" , (Signed in duplicate.) I certify that the above account is correct and just ; the articles to be (or havebeeu) accounted for in my return for the quarter of 187 . (Signed) N. MICHLER, Major of Engineers. TESTIMONY' OF ALEXANDER R. SHEPHERD, 1859 Q. Footiiiji- that up I (iml the actual cost of that fla5, as paid by the engineer in charge of the public buildings and grounds, General Michler. By ]\[r. IMattixgly : Q. State in that connection the price charged by the board. — A. The price charged by the board is ^l.L'.j for the tlagging siniihirto that laid around the Fourteenth-street circle, the difference being that it is blue- stoue instead of Seneca ; the bluestoue being much better. By the Chairman : Q You think the bluestone is better than the Sene(;a? — A. I think so ; and for the other flagging 1 think it was 90 or 95 cents that they charged to the Government. Q. Have you a statement made by the different engineers employed by the board in regard to cross-sections, and how many streets were cross-sectioned, and the total number approved by the board ? — A. Yes, sir ; I have had a statement prepared in regard to the time of appoint- ment and time of dismissal of the diftereut engineers. The record is as follows : A. B. Mullett, appointed chief engineer May 17, 1871 ; resigned August 24, 1871. William Forsytli, appointed assistant engineer May 17, 1871. George S. Green, appointed chief engineer August 24, 1871; relieved December 16, 1871. A. B. Mullett, appointed consulting engineer August 24, 1871; re-appointed chief engineer December 16, 1^71 ; resigned April :}0, 1872; resigned as consulting engineer and as member of the board of public works October 2:5, 1872. B. Oertley, appointed assistant engineer October I'.i, 1871. Charles E. Barney, appointed assistant engineer Novembt>r 16, 1871. R. C. Phillips, appointed chief engineer April 'M, lr^72 ; resigned January 15, 1873. S. E. Bodtish, appointed assistant engineer May '20, 1872. .1. A. Partridge, appointed assistant engineer July 17, 1872; resigned January 1, 1873. Adolf Cluss, appointed engineer in charge, December 26, 1872. By the Chairman : Q. Who prepared that statement ? — A. It is taken from the Journal of the board. As the question has come up several times in regard to the measurements, and by whom made, and the number of accounts signed by assistant engineers from June, 1871, to April 23, 1874, it is as follows : Kiimber of accounts signed hij assistant engineers from June, 1871, to April 2.3, 1874. Certilied to. 1871. 1872. 1873. Total. ('. E. Barney 812 464 25 502 71 100 1 314 William Forsyth 42 7 B. Oertlt-y 132 Total signatures 49 1,301 673 1 2 023 ADOLF CLUSS, Engineer in Charije, Ai>ril 24, 1874. I submit also the following letter from IMr. Barnev, assistant engineer. May G, 1874 : 1860 AFFAIRS IN THE DISTRICT OF COLUMBIA. Board or Public Wohks, District of Columbia, Office of Chief of Engineers, Washington, I). C, May 6, 1874. Sir : In looking over the list of contracts I find that upon 131 contracts for grading, cross-sections were made and used in the calculation. Eighty-seven contracts where cross-sections were not made to ascertain the amount of grading. Twenty contracts where cross-sections were taken but not used to ascertain the amount of grading. Upon nearly all other streets upon which no work has been done cross-sectious have been taken — are on file in this office. Very respectfully, CHAS. E. BARNEY, J'rincipal Assifitaiit Engineer, Hon. A. R. SiiEi'HERD, Governor District CoJamhia. By the Chairman : Q. Have you stated all you desire to say in reference to cross- sectious ? — A. I tbiuk so. That is a history of the whole matter. Q. I would like to ask you, in this connection, whether or not you gave any orders to any of your engineers, or to whoever was your engineer at the coniiuencement of your duties, with reference to preparation of the ground for improvement?— A. Yes, sir: very stringent instructions were given. I may as well remark here, at the commencement of the operations of the board, Mr. Mullett was made the engineer in chief merely until some proper person could be found to fill the position ; and I may I'emark in passing, that it is a very difficult thing to get a proper engineer — a man who combines executive ability *vith scientific knowl- edge. We sent to Xew York and got here General Green, who had a reputation second to no engineer in the country. He was employed on the Central Park, employed in New York, and is now employed there. General Green came on, and was quite an old man. After serving for two or three months, 1 found that he was involving us in a great many errors ; that he was not an efficient executive officer. He would from his office fix grades without any reference to the contour of the streets^ as they existed, and without regard to the wishes of the people. I remember one instance at the corner of Fourteenth and New Y^ork ave- nue, near where Senator Thurman lives — where the houses would have been buried about three feet if we had not managed to get there in time to stop it. I then made an arrangement with Mr. Green — made a bargain with him to prepare a general plan of the sewerage of the city. We made a contract with him with regard to that. The plan of sewerage was prepared in the winter of 1872, and a A^ery excellent plan it is, with certain modifications. The sizes of sewers have been increased in some particulars. The order of the board at that time was that cross-sec- tions should be made in every instance, and the grade-points and-levels ;Should be established before the work was begun. The work began, and the best was done that could be under the circumstances. It was very difficult to get proper help in the matter, or proper levelers and assist- ant engineers. Judge Jewett will probably know, as he has had expe- rience in railroading, that it is a most difficult thing in the world to get a proper leveler, and an engineer who combines executive ability with a knowledge of his profession. Q. State as to any instructions given by you to Mr. Oertly to measure John O. Evans's work.— A. Mr. Barney was very much pushed with his work ; Mr. Oertly was the office-man, the deputy engineer. 1 said to Mr. Oertly, " I wrote you to take charge of this filling of the canal and the fixing of the grades there. It is all together and you can attend to TESTIMONY OF ALEXANDER R. SHEPHERD. 1861 it without intorferino: with your duties, and Mr. Barney can ji^o on with his work. He has at present as much and more than lie can well attend to." That is the history of Mr. Oertly's having anything to do with the measurement of that work. Q. State why work was not continued upon the digging cellars of the new city-luill building on l*ennsylvania avenue. — A. ^Merely be- cause the force was wanted somewhere else. The work was commenced and some contractors faileh n[) their work, and we had to have their work tinislu'd. By the CiiAiiniAN : Q. I observe some digging going on there now. — A. Yes, sir : they are digging out the foundation for a cellar. 1 stop[)ed them this morn- ing, at the re(iuest of Senator Morrill. Q. State the amount luoperly payable by the Government for its share of the improvements, and in its relations generally existing be- tween the District government and the United States. The Chairman. I do not know as I understand this. Mr. Mattinoly. That is a mistake of the copyist in drawing oft that (luestion. The NViTNESS. I think it is all stated in my answer. It is all summed up in a nutshell. That 4.5 [)er cent, of the pro[)ert3' of the District pays all the taxes. The (lovernment owns about half of the property, and has remitted about ."> per cent, of the remainder to churches and schools and benevolent institutions, and does not pay any on its own property — that is, general taxes — so that really 4,'5 per cent, of the real estate pays all the taxes. Q. And that is the only property taxed ? — A. That is the only prop- erty that is taxed. Q. Do you issue licenses here for the District government i — A. Yes, sir. Q. State the reasons for the present embarrassed condition of the District. — A. Well, I think it is stated in my answer pretty plainly. The passage of the general tax law, at the last legislature, nuide an abatement of three-fourths of one per cent, a month on all taxes. Shortly after this, the iinancial crisis came on, and money has been worth more than nine per cent, a year to almost everybody, and the payment of taxes has been deferred. There is no iienalty for non- payment. They do not fall due until July, aiul there has been no way, therefore, of meeting the demands of the government. Q. If all your taxes Inul been collecte,(H)() or 81, rWH), 000. The CHAiimA>f. Mr. Mattingly, those aie all the (|uestions submitted to me to be asked the governor. By Mr. TnuRMAN : Q. I want to get a clear understanding of the indebtedness of the Dis- trict. I do not think that I have obtained a correct itlea of it from your answer. I jjrobably have overlooked something. Will you take ypothecated ? — A. In New York, with Morton, Bliss & Co. Q. To secure a loan payable when ? — A, I'ayable on demaiul. You will find that in outstanding bills i)ayablc ; the last item in the liabilities clause. Q, Of the board of public works ? — A. Yes, sir, Q. Five hundred and five thousand, two hundred and twenty-eight dollars and ten cents. Did I ask you when that indebtedness is paya- ble ? — A. It is payable on demand, bearing 7 per cent, interest. Q. That makes $1(;,77S,808.00?— A. Yes, sir. Q. Does this include all work that has been done by contiactois and is not yet paid for ? — A. Everything. By Mr. Stewart : (^). Up to what date ? — A. Up to the date of this report ; tliere has been little done since. Q. What is the amount that you put down in your answer that will be required to complete the contracts that have been let ? — A. In round numbers about a million and a half dollars. By the Chairman : Q. All the contracts ? — A. Yes, sir. Q, That does not include the sewers? — A, Yes, sii; it includes every- thing. J^.y Mv. TllURMAN: Q. These assets and securities on hand ; what are they — sewei- bonds? — A. Those are the sewer-bonds, and a lot of other Itonds and certificates. Q, What is the meaning of this, an asset : " Balance due on account of general sewerage from District of Columbia ?" — A. The sewer law levied a tax of twenty-tliree hundr»'d and odd thousand dollars, and only approi)riateublic woiks. All cleaning of streets, and, by special legislation, the erection of market-houses, were \n\t und<'r the board of pul)lic works; and the rejtair of jiumps; everything of that kind apixntaining to the streets, comes under tlie boanl. The plan heretofore has been for the board to go on and keep the streets repaired, clean them, keep the pumps and gas in repair, and the market-houses, and do whatever was necessary, and, when the legislature met, to make up a statement of account and seiul ik in to them, and cover it by an api)ro])riation from them to reimburse; the boaid lor this outlay. Q. How long a period of time is covered by this amount ol' ."..'"»(),(>(»() and od«l dollars :' — A. About a year, sir. 1866 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What proportion of that $350,000 was incurred for cleaniuo- and repairs of streets? — A. 1 do not know 5 I should judji^e about $150,000 to $200,000 of it. Q. Those are repairs of streets other than those that were made by contract? — A. Principally cleaning streets, sir; the cleaning of the streets and the alleys. This city — I do not know whether you have noticed it — but it is cursed with alleys ; every square has from one to four and live alleys. They have to be paved and cleaned ; and those are the places where nuisances most do congregate. It costs us more to take care of the alleys than it does the streets as a matter of health. Q, Is the cleaning of these alleys'and streets let by contract ? — A. Yes, sir. Q. Do you know how much those contracts for the annual cleaning aggregate f — A. Well, they have only recently been let by contract. Before, it was done by day's work. I think the aggregate of cleaning the streets and alleys will run from $240,000 to $250,000 a year ; and cleaning the sewers, which is a very important matter — taking the deposit out of the sewers. Q. Is that included in this $350,000? — A. Yes, sir; it is included in that; everything except what is a permanent improvement. Q. The repair of the pumps would not be a large sum, I suppose? — A. It would amount to $30,000 a year. It is being decreased now, because we have taken out a great many of them. But that was one (»f the greatest leaks the board of public works had when they started. Q. Have you any idea how many there are in the city ? — A. I think one of our reports shows there are several hundred of them. Q. Is not the water that is used in the city mostly from the water- works'? — A. It is now, because the water has been distributed very gen- erally since we came in; the water-main has been laid, and the pumps — wherever we laid the water-main we took the pumps out. Q. Under the old system, did the Government take care of the pumps, or were they specially taxed on the property-holders'? — A. The corpo- ration tot>k care of them ; it came out of the general fund. Q. " Gleaning market-houses." What market-houses were those ? — A. That refers not to cleaning the market-houses ; it refers, first, to the erection of market-houses. Appropriations were made for this purpose, and the board of public works carried them out, and in some cases made advances ; the account was overdrawn. Q. That does not include the market-house at Seventh street and the avenue"? — A. O, no, sir; it has no connection with it at all. The Dis- trict government have put up, since they came in, one very fine market — the Eastern Market, and are building two others. There is the Northern Market, the Western Market, the Georgetown Market, the Eastern Market, and the Northeastern Market. By the Chairman : Q. Does this cleaning of the alleys and the sewers apply to George- town? — A. Yes, sir ; it applies to the whole District. Q. You keep no separate account of that work as between the two cities? — A. O, yes, sir ; the board keep an account. Q. They do it all and keep an account of the two cities ? — A. Yes, sir ; they do it, and keep an account of each section. By Mr. Thurman : Q. Can you give us the data from your answer that will enable us to see how much has been paid for printing in the District since the new TESTIMONY OF ALEXANDER R. SHEPHERD. 1867 governiiieiit caiiie into operation '! — A. I have furnished that for Jiuige Jewett, sir; I can give it to you from the hist investigation. Q. Has there been none since that t — A. Yes, sir; but the bulk of ir was all before that. All that has occurred since has been merely ordin- ary routiDe work. There were very heavy expenditures before that time. Q. Apart from the cost of improvements, schools, and printing — leav- ing that out for the present — about how much has been required to carry on the government in the District since it went into operation — about what annual cost ? — A. Tiie exi)enses of salaries, when I came into theoflice, were about 8l(;0,0(M>, if my memory serves me right. Q. That is the annual salaries ? — A. Yes, sir. I reduced them abour. $50,000, or as much as 1 could under the law. You will tind, by reference to page -fOo, the expense of lighting the city alone is 1139,940 93, of which the city pays all excei)t 84,950.18. Q. That includes the jirice of the gas ? — A. Yes, sir. Q. AVhat does the gas company charge the city ? — A. They have been charging 83.50. Q. Do you know what they charge individuals.' — A. They charge about the same. Q. Do they make an^' abatement to the city ? — A. Xo, sir; well, they light it at so much a lanq) ; I think the price" is about thirty dollars a- lamp — from thirty dollars to thirty-three dollars. Q. Will that come to about the same price that is charged private individuals i — A. Well, that is difficult to determine. The bill whicli you passed yesterday in the Senate will lessen the cost. Q. Yes, 1 know that ; but I wanted to get at the fact whether the gas company charges as much to the District government as they charge to individuals? — A. Very nearly, sir ; there has been very lit- tle difference until this biil. Q. Does the gas comi>aiiv or the city keep the lamps in repair ' — A. The city. Q. And furnishes lamps and lamp-posts ? — A. The city furnishes the lamps and posts ; yes, sir. Q. You say that you cut down the salaries ; did I understand yon that you cut them down 850,00(), or about that amount? — A. About $50,000, 1 think, was the amount of reduction that I made. By the Chairman : Q. That would make them 8110,01)0 now ' — A. It is in that iieighboi- hood. By Mr. Thurman : Q. That is exclusive of schools I — A. That is exclusive of everytiiing except salaries. Q. How are the expenses incurred by the board of health paid ? — A. They are paid by the United States Government ; the salaries of the board of health are i)aid, aiul they have got an ap[)r()priation every year. Q. From the legislative assembly? — A. Xo, sir; from tln^ General Goverunjcnt. They got from the legislative assembly, J think, 8-5,00(> last year ; about as much more, probably more 1 hau that, from the Gen- eral Government. Q. How is that money employed by them ? — A. They employ it in preserving the health of the city, I believ<», in sanitary matters: they have their inspectors, and all that sort of thing. Q. Does that board of health make orders and rule*.' — A. Yes, sir; they pass ordinances. 1868 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How are they enforced ? — A. Well, I do not think they have ever enforced any. I do not think there has ever been any occasion for it. They can, through the police court. Yes, they have, in one or two in- stances, abated nuisances through the police court. Mr. MattinCtLY. The law authorizes the board of health to declare what are nuisances, injurious to health ; and they undertook to abolish a vsoap-factory up here on G street that has been there for the last twenty or thirty years; they declared that to be a nuisance, injurious to health, and that question has been argued before our supreme court of the Dis- trict, and is still undecided, I think, involving the power of the board. Mr. Thurman. Does the board of health make ordinances ? Mr. MattinCtLY. Yes, sir; they pass regular ordinances, just as any municipality do. Mr. Thurman. And affix penalties ? Mr. Mattingly. Yes, sir. Mr. Thurman. Do the courts enforce those ordinances? Mr. Mattingly. That is a question now pending. Mr. Stewart. There is some doubt whether the board will abolish the soap factory or the soap factory abolish the board f Mr. Mattingly. They undertook to exercise legislative functions. Mr. Thurman. I want to know how many law-makers there are in the District. Mr. Mattingly. Well, sir, you have given us a good many. Governor Shepherd. In reply to your question about the cost of pumps, I see that fortitteen mouths, from September, 1871, to December, 1872, it cost 131,000 for repairs of pumps. By Mr. Thurman : Q. Was the number of pumps given there ? — A. No, sir. By the Chairman : Q. How much does the District pay to this board of health annu- ally ? — A. I think the appropriation last year was $25,000. Q. They have no control over the District funds, except through an appropriation? — A. Do you mean the board of health f Q. Yes, sir. — A. O, no; the appropriation is made to them absolutely. They disburse it. Q. It is paid over to them f — A. Yes, sir. By Mr. Bass : Q. Have you a list of appropriations made by this District legisla- ture since it was established, and the object for which the money was used ? — A. I can give them to you from the appropriation bills directly. Q. They are all included in that volume f — A.. Yes, sir. By the Chairman : Q. They have one general appropriation bill ? — A. Yes, sir. Mr. Stanton. There are two ; there is generally a deficiency bill also. The Witness. They pattern after Congress pretty closely in that respect. By Mr. Bass : Q. Have you made up an estimate of the expeuvse for the ensuing fiscal year on approximate estimate ? — A. No, sir; the estimate has not been made up. It is usually done and submitted to the legislature, but, on account of the pending inv^estigation, I did not do it. TESTIMONY OF ALEXANDER R. SHEPHEJil). 1809 By the Chairman : Q. You brtve in the District a governor and a legislature ? — A. Yes, sir. Q. Is there any limit on the power of the legislature, that you know of, to make laws? — A. Yes, sir; it is limited in the oiganie net. Q. There is no limit except that in the orgnnic act? — A. Xone, sir. Q. Then you have a board of public works? — A. A board of public works. (}. And a board of health? — A. Yes, sir; and a board of police com- missioners. Q. Consisting of li\e or three commissioners? — A. Five coinuns- sioners. Q. I tind various sui)erinten(h'nts — superintendents of water, super- intendents of gas, &c. State the number of them. — A. They are sub- ordinate officers to the board of ])ublic works. All except the water- registrar and the superintendent of lamps are District otlicers, under the control of the board of ])nblic works. You will find all the officers in the acts of the legislative assembly. Q. There is an act creating a vast nnmber of oflices ? — A. That is it, sir. Q. You said that you reduced the salaries? — A. No, sir. I did not reduce the salaries, I reduced the ottices. Q. And thereby reduced the expenses ? — A. Yes, sir. I did !:ot ap- point them. 1 vacated the offices. For instance, they had a collector and three deputy collectors. I ai)iiointed a collector, and vacated the three deputy collectors, 1 think it is a great deal more efHcient than they were with four. Q. In that way you reduced the expenses of the District govern- ment? — A. Yes, sir. Q. Is this police commission in any sense under the control of the governor and legislature'? — A. No, sir; there is no connection with, them at all. They are appointed by the Government. By 'Mt. Thurman : Q. That is the Capitol police ? — A. No, sir; the Metro))olitan police : they are appointed by the President and confirnied by the Senate. The Government pays two-thirds and the city one-third. By the Chairman: Q. lMeas«i state how you make up .$2,o()(),()UU charged against the United States on account of sewerages. — A. It is Si', 740,081.83. By turning to page 17, you will lind that, carrying out the assessment on the areas of ground belonging to the United States in detail, as it is there, it aggregates 8<»H4,;jG(J.15. Then the area of the streets and ave- nues, carried out at the same rate whi(;h the property-owners are taxed» makes up the difference and the 8li,74(),()()(). The assessment at the same rates charged to private-property owners, on the parks and reser- vations of the United States, aggregates ."tilJO 1, ."»()(>. I. "i ; and the same rate of taxation charged to i)rivate pro[)ert3' on the avenues and streets makes the sum total of *L',740,(>81.8;J. Q. That is assessing the avenues and streets? — A. IMitting a sewer- tax on the avenues and streets, which have to be drained. Q. Do you do that at the rate of twenty mills and eleven mills, »S:c., on the dollar? — A. No, sir; just at the same rate that it is assessed in the ditVereut localities. 1 had the table made up, and have it. Q. Is the item of a million of dollars niade up in this way ? — A. No^ 1870 AFFAIRS IN THE DISTRICT OF COLUMBIA. sir. At the last session of Congress there was a general disposition that the Government should pay all the expense of improving the ave- nue that was not assessed upon private property, and we submitted a bill or statement of expenditures, amountiug to $1,700,000. They cut off $700,000 when the thing came up in the Senate, and left that to stand over until this session. Since that time there has been about -$300,000 worth of work done, which makes up the milliou here on ac- count of the aveuue. In regard to avenues, it might be well to remark that in no other city do you hnd such thoroughfares — do you find such streets. If this city were merely intended for anything but a capital there would be no need of them, and they would be taxable, and pay a revenue as other property does. But here you find that 54 per cent, of the whole area of this city is in streets, avenues, and reservations owned by the Government. Q. In making up your table of assets you do not include the amount due from the United States? — A. No, sir; Ave do not treat it at all. Q. You do not treat it as an asset ? — A. No, sir ; I find here, by refer- ence to page 33, a tabular statement of the area of avenues and streets aud the drainage-section of the city of Washington, aggregating 00,357 1240 square feet at the same rates of assessment charged private- property owners in the various sections, namely, 5 mills, 11 mills, and 20 mills. The aggregate tax would be $1,099,738.80. Q. In making up that estimate, would you charge the Government property just as you would private property ? — A. Yes, sir ; just at the same rates. By Mr. Thueman : Q. I was not in this morning when you explained these sewer-dis- tricts. One thing has puzzled me, upon which I should like to hear your explanation ; and that is, why this district in which we now are, No. 5, I believe, should have been assessed at 2 cents a square foot for these main sewers, when, according to the way I make it out, looking at the 7nap, about f of the district is drained into the Auacostia or into the Potomac, and is not at all benefited by these sewers "? — A. I think you are mistaken about the area drained into the others. If you will look at this ridge here straight through to the river, and then take Bound- ary street, that whole valley is drained by the Tiber. Q. The divide is about A street, northeast ? — A. Yes, sir. Q. Now all south of that is either a plateau, that needs no main sewer at all, needing nothing but ordinary street-sewers, as it lies on a slope toward the Auacostia or toward the Potomac? — A. It needs a large brick sewers, one of which we have built on Seventh street, a brick sewer five or six feet in diameter ; and it needs other sewers of that kind, into which the lateral sewers can be turned. Y'ou cannot run small pipe- sewers from EastCapitol streetdown to the river. Y^ou have to run them into large sewers; the idea is to build the Seventh-street and Eleventh- street main sewers, into which these lateral pipe-sewers will run. Q. Is the cost of main sewers included in the amount to be raised by this assessment '? — A. Yes, sir. Q. Is that supposed to be sufficient for all that? — A. Amply, sir; it was made on a plan. Q. What main sewers were projected for that? — A. I think there are three main sewers in that section of the city. There is one quite large sewer built here already, on D street, in this section, which commences at the canal and comes up just below Judge Holt's place, if you recol- lect, up in front at D street, on New Jersey avenue. It commences at TESTIMONY OF ALEXANDER R. SHEPHERD. 1871 the canal and runs northeastwardly. I think that is a 7 or S foot sewer, comnif? up and ending by the Eastern Market. It ends in the Govern- ment reservation between Fourth and Sixth streets. Q. Out by Lincobi Square ? — A. No, sir; this side of it. There is one sewer that drains this way into the canal, and will empty into this arch that is now beino- extended from Maiyland avenue down to, lames Creek. That section of the city will drain into that sewer, and does do so. Then when you yet down to Seventh street there is a main sewer to be j)ut «U>wn Seventh on the navy-yard, which runs t- wardly down this valley, and empties i'to the Tiber sewer. Q. Where that slopes directly down to the Anacostia would begin about where — about how far east is it? — A. Well, sir, it would begin about Sixth street ; it would begin about Mhera this cross-sewer that I have been speaking of, I) street sewer, stops; just on ihat ridge where the Eastern Market is, and runs down into the river. Q. When you get far out, though, there is a rapid descent toward the Anacostia, is there not ? — A. (), there is a splemlid fall there. Q. That territory must be drained into the Anacostia ? — A. It drains directly into the Anacostia. Q. And the ordinary street sewers would be sufficient, would they not? — A. It would require a brick main sew/'r tive or six feet in diame- ter to drain that section. I'robably it would require two sewers. I think there is one on Seventh street and one on Eleventh street to drain that section. Up around Lincoln S(]uare, if you will recollect, lor the past ten years it has been a marsh or stagnant i)ond of water all that time. There has been no drainage whatever to it — down in that valley of which I have been speaking. Talk about 20 cents a foot! Why a sewer built there will double the value of the property, because squares upon squares have been and are overtlowed at every heavy freshet, and there is no way to get the water off, and these sewers are being built for that puri)ose. Kow, in this northern part of the city, out by H street, there is one of tlw best i>arts of the city ; but it has been a swamj) and morass — no way of diaining it at all. People would not build there ; but since this sewer is being put through ])eople are beginning to look around and to build. 1 will give you an instance as a business man. There is a Sfpiare of ground between h and K streets north, and North Cai)itol and First streets, belonging to the Todd estate, which a few days ago I exchanged for impro\ed i>roi>erty, sonie i)ropertyon the avenue and sonu^ uj)on Seventeenth street, where I live. 1 would not have toucheIe for building purj)oses. Q. You take a man's property that is worth only one cent a foot and tax him two c-ents a foot: although yon incicase the value ot his jwoperty to double what it was before, that would Jnst exactly pay tlie lax .' — A. You will find very few cases of that description. I am looking at this thing in a general point of view. Of couisc there are individual eases where it bears somewhat oppressively, and you cannot Iranu' a law that will not have such an effect, in certain cases; sjteaking on a broader basis, as to how it affects the general welfare, it is of incon- 1872 AFFAIRS IN THE DISTRICT OF COLUMBIA. ceivable advantage. Now, this District of which yoii speak, the average value of the ground per foot, as I submitted this uiorning iu my tables, is 2oceutsa foot. ]Sow, what has kept this part of the citjback has beeuthe wautof sewerage. It is swampy, marshy laud, that people would uot build upon. You can go right there, within live squares of the Capitol, and you will tind tifty or sixty houses built because this sewerage is being carried out there and the land drained. Some oue spoke of this tlat down here by Buzzard's Point — ground that General Washington, in his will, valued at 12^ cents a foot. It has never been worth anything, never been developed, but the opening of this James Creek Canal and the grading of the streets alongside will double the value of that property. It is assessed now at 5 to 10 oenrs a foot, and would probably lay twenty years without increase iu value ; but the opening of this canal and the draining of this' section of the city makes it habitable. It is a remarkable fact that General Washington, in his will, valued some lot's down here, at Buzzard's Point, at I2i cents a foot, more than they have ever been worth since. Mr. Merrick. That was before the day of railroads, and it was then thought that would be a great point of commerce; that the navigation and shii)ping of the world would be concentrated there. By the Chairman : Q. Now, right in this connection, please state the cost of this main sewerage. What is the cost of these main sewers — the total cost ? Mr. Thitrman. That is iu the answer. The Witness. That is iu evidentie somewhere. It is iu the neighbor- hood of three million dollars. By Mr. Stewart : Q. Do you think that the reason that the improvements iu the way of buildings have gone out toward Georgetown is because this part of it was wet, and needed sewerage ? — A. I think so; and then it was the old story, you know, of killing the goose that lays the golden egg. These people ui) here held their property so high that building uaturally went the other way. Q. Is it supposed this swampy condition of the ground had anything to do with the health f — A. Right up this valley there has been a swamp for years. Until within the last two years, there was not a house built there ; but now it has been built up from Maryland avenue to H street, a nice little village beiug built up there. Witness. Judge Thurmau, this morning I put iu a statement as to the expenditures made under the old corporations for main sewers ; what it had cost these different sections per foot, which is very inter- esting. The section which is spoken of being assessed at only 11 mills has paid some four cents — nearly live cents — a foot already under the old corporation for main sewerage, while this large section here has only paid y^i5% of a cent — a third of a cent. That is the disparity now. The disparity ought to be still greater in fact, but the plan adopted was to fiiul the cost of finishing the main sewerage in each one of the par- ticular sections, and assess it. By Mr. Stewart : Q. So as to equalize the sewer-tax ? — A. Yes, sir. The Chairman. Judge Merrick, do you wish to ask Governor Shep- herd any questions? TESTIMONY OF ALEXANDER R. SHEPHERD. 1873 ]Mr. j\rERRrrK, We liave ii sreat many questions to ask liinj. I do not know whether we care about it this afternoon. AVe seem not to have a full committee. The CiiATR^iAN. Mr. Mattinpfly, have you any other witness? Mr. MattinCtLY. "We close our testimony with Mr. Shepherd, with the exception of these measurements. We do not know what the engineer's report will be. Mr. TnuRMAN. I suppose it will necessarily be that when we come to take this testimony and collate it — get at the most material points of it — we may lind it necessary to call some of the witnesses back, and, perhaps, some of the ofticers of the government, to explain particular parts of it. I have no further questions to ask of the governor now ; bnt when we come to collate the testimony, we may have to call for ex- planation irom some of the otticers. The committee thereupon adjourned till to-morrow morning at 11 o'clock. Friday, May 8, 1874. The committee met at 12.45 p. m. G. H. Wilcox was recalled at his own request. The Witness. Mr. Chairman, in the testimony of Mr. Storrs before this committee my name and those of several others were mentioned in an unjustiflable Avay. Mr. Storrs proposed to come before the committee and correct the statement which he made if he had an opportunity. As he has not had an o])portuuity, I desire simply to say that I never visited Mr. Storrs's room, except at his request, and while there Mr. Storrs in- curred no expense on my account. He gave me a letter, which 1 have here, and which I ask to submit and become a part of the proceedings of this committee. He amends, probably, so far as he is enabled, for the unkiudness he did me hy the statement which he made. By the Chairman : Question. Is that all you wish to say ? — Answer. Yes, sir. The letter referred to is as follows : May 5, 1S74. Dear Sir : In mj- testimony before the investigating committee you appear to think that I have stated matters greatly to your disadvantage, and which I very much re- gret ; and I also regret that I made it appear that you were an unwelcome visitor at uiy room. Our intercourse since that time lias been of a social and agreeable nature, and I have now no reason to believe, from all that I have seen, but that your course iu relation to the pending investigation since I knew you has been upright and straight- forward, as you very well know my own has been. This is not to bo regarded as at all iirivate or conlidential. Yours, truly, E. A. STORRS. G. II. AViLCOX, Esf^. Governor A. It. Shepherd recalled. By Mr. Wilson : Q. You were asked the other day in regard to grading having been done by one contra(;tor and the ])aving done by another contractor, and no deductions made on account of grading from the ])avement. I un- derstand you to say it was the fault of the engineer that that was done. Is that correct.' — A. Well, you spoke in regard to one particular place, 118 D C T 1874 AFFAIRS IN THE DISTRICT OF COLUMBIA. Pennsylvania avenue east. You asked why it was not clone tliere, if my recollection serves nie right. I said that if that contract required it to be done by those parties, it should have been deducted from their set- tlement. Q. Yes ; but is it the fact or not that the grading was let to McXa- mara ? — A. The grading was let to McNamara. Q. The grading and macadamizing"? — A. Yes, sir. Q. Tijen the macndamizing was taken away from that contract ? — A. Y^es, sir. Q. And the street was paved by De Golyer & McClelland ? — A. Yes, sir. Q. Do you regard it as the duty of the engineers in that case to take from the Be Golyer & McClelland contract the grading, or make any deductions from it on account of grading? — A. I think some deductions should have been made. Q. Do you think that was the duty of the engineer? — A. It must have been his duty. It could have been nobody else's. Q. Why was there not some provision in De Golyer & McClelland's contract in order that that deduction miglitbe made by the engineers? — A. Well, the provision was put in De Golyer & McClelland's contract similar to that in all other contracts, and the award was based upon the I)rovision which prevailed regarding all contracts for patent pavements. Q. Do you know of any other cases in this city where contracts for grading w^ere let to one person and for the paving to another party, and no deduction made on account of the grading f — A. I know where grad- ing and curb-setting has been let to parties, and the carriage-way has been laid by other parties. In most instances, however, that was done to facilitate the work. The board in many instances had not determined what kind of pavement to put upon the street, and were governed to a very great extent by the wishes of the property-owners in regard to streets which were i)aved. As I stated to you the other day, these two feet of grading were intended to apply to leveling off the streets — the old streets. The calculation was that it would average at no point over two feet, where the street was rounded up in the center, and it was in- tended to apply to the leveling off of the crown of the old streets. Q. Do you know any cases where grading was deducted from a paving contract, the grading having previously been done by some other con- tractor ? — A. I am not familiar with the measurements at all, sir ; they were made by the engineer, and the matter left with him. He had the contracts and all the necessary data upon which to base his calculation. Q. Were there any cases in which the engineers undertook to make these deductions and the contractors appealed to the board, and the board refused or declined to allow the deductions to be made ? — A. 1 think there was one case on F street, all the papers relating to which have been put in evidence, I think. Q. AVere there any other cases, do you remember ? — A. I do not recol- lect any, sir. Q. Yesterday you said something, as I am informed, in regard to the sewer down Seventh street east. I was not present at the time you were examined in regard to that matter ; I would be glad to have you state here again about that sewer, — A. I said my impression was that there were to be two brick sewers built in the section to which Judge Thurmau had referred — one on Seventh and one on Eleventh street. Q. They have not been built ? — A. One of them has. TESTIMONY OF ALEXANDER R. SHEPHERD. 1875 Q. Has the one on Seventh street been bnilt .' — A. Xo, sir; I think not. Q. Is there any sewer down that street .' — A. There is a sewer in Sixth street. The main sewer in Seventh has not been bnilt. Q. From what point to what point has that sewer been bnilt t — A. My impression is that it is to start at the ridge — Pennsylvania avenue east, between that and East Capitol street — and empty into the river. Q. How do you propose to get out past the railroad-tunnel ? — A. There is a sewer under the tunnel now. Q. Yon proposed to drop it into the sewer underneath the tunnel 'i — A. Yes, sir. Q. What kind of a sewer is underneath the tunnel .' — A. There is a brick sewer there that the railroad company built. The Baltimore and Potomac Itailroad Company built that to carry off the water. Q. Where does it go to ? — A. It empties on the other side of the rail- road-track. I do not know whether it has been continued to the river. I think not, however. Q. You are reported yesterday to have said it needs a large brick sewer, one of which we have built on Seventh street, a brick sewer of live or six feet in diameter. That is a misprint ? — A. Yes, sir ; it should read Eleventh street. It is a misprint. (}. You seem to have been misunderstood on that subject. That is the reason my attention was called to it. What has been the mode of letting contracts since the board of public works came into operation ? — A. The mode of letting contracts has been to give the work at the prices fixed by the board to responsible parties, as far as it was possible. Q. Was there any particular member of the board who was authorized by the board to let these contracts ? — A. The vice-president of the board was the executive ollicer, and did most of the business. All contracts for any amount, of any size, were acted upon by the board and let by him by authority' of the board or a majority of the board. — -^ Q. Then, if I understand you, the vice-president had authority' from the board to award thest; contracts, or signify the parties to whom the contracts should be let, and what contracts should be let, which was afterward ratihed by the board ? — A. No, sir; it was ratified before they were let, in all cases of any moment. Q. They were, you say, in all cases let to responsible parties ? Were they let to contractors in all cases ! — A. To contractors; yes, sir. Q. Do you know of any cases where contracts were let lo parties who were not contractors, those parties afterward selling them out to persons who were contractors, and who were to do the work ? — A. Xo, sir; I do not know of any case where they were let to parties without those par- ties came indorsed by some person as entirely responsible to do what they undertook to do. Q. ])o you know of cases where parties wonld go to the board or to yourself or any other member of the board, and propose to take con- tracts, the contracts to be performed by somebody else ? — A. X'^o, sir ; Jio contracts were let in that way to my knowledge without they repre- sented some firm or had connection with some firm ; that point had to be established first — that they had connections which would enable them to do work promptly and well. Q. Why was it that you did not negotiate a\ ith the i)arties directly who were to do the work? — A. We always did, sir, where such cases came up ; that is, as far as I know. Q. 1)0 you know how many patents the Evans Concrete Company controlled ? 1876 AFFAIRS IX THE DISTRICT OF COLUMBIA. The Witness. Tlje Evan's Concrete Company ? Q. Yes, sir. — A. I don't know that they controlled bat one patent. They may have had two or three patents, but they were merged into one here in putting down these pavements. Q. They were merged into one company ? — A. No, sir, into one patent ; that is, the patents were merged into one company ; yes, sir. Q. Something like the wood pavements that were merged into the Metropolis Paving Company ! — A. Well, the Metropolis Paving Com- pany, as I understood it, had control of two different i)atents for pave- ments. Q. Three wood-pavement patents ? — A. The bid of the Evans Con- crete Company specifies the kinds of i)avement they were to lay. Q. But do you know how many patent pavements they had control of? — A. 1 don't ; I think Mr. C. E. Evans testified in regard to it ; his testimony will probably give the information desired. Q. Do you recollect of the $1,000,000 appropriation having been made by Congress ? The WiTivESS. An even million, do you mean? Mr. Wilson. Yes, sir. The Witness. To re-imburse Mr. Wilson. Yes, sir. A. Yes, sir. Q. W^as there an account made out upon which that appropriation was predicated ? — A. There was. Q. Who made out that account ? — A. It was made out by Mr. Forsyth and Mr. Oertley, I think. Q. At whose suggestion ? — A. At mine. Q. Do you know the data they had upon which to make out that account? — A. They had for $1,200,000 of it the data which is put in the report for 1872, and the remaining data was compiled from the old records in the office. Q. The 81,240,000 was an appropriation procured upon an independ- ent account, was it not ? — A. No, sir ; there is a statement in the re- port for 1872 of expenditures on avenues, I think, if my memory serves me right. Q. Have you a copy of that? — A. I do not think I have; I think that was left. It was furnished the Senate Committee on Appropria- tions, or, rather, it was furnished to the two committees. It went first to the District Committee and then to the Appropriation Committee of the Senate. Q. Do you know whether that account can be procured ? — A. Indeed I do not know. Mr. Wilson. I would like to have that statement, if anybody has it. It is on })age 527, I believe. [The book handed to Mr. Wilson by Mr. Stanton.] Q. One of these is to complete the improvements of streets and ave- nues now in progress opposite to and around Government propertj', $913,497.20. Now, was there an account made up, or an estimate as to the amount of money necessary to complete improvements of streets and avenues then in progress around Government property ? — A. Yes, sir ; there was an estimate made and submitted to the committees. Q. That seems to have been made out with some degree of accuracy, because I see it even comes down to the cents that were required ? — A. Yes, sir ; the committee required it. Q. Was that regarded as being sufficient to complete the work then in progress around Government joroperty ? — A. It went for what it TESTIMONY OF ALEXANDER 11. SHEPHERD. 1877 was. I ilo not know wlietbcr it was sufficient or not. It was reported as the amount necessary. Q. Was it made up in the office of the board ? — A. Yes, sir ; it was made up in the office of the board. It was made ui) by tliose two gen- tlemen, I think. Q. Was it made up from the best data that coukl be procured ?— A. I suppose so. Q. Now, the next one is to re-iinburse the city of Washington for im- proving avenues of said city, and for work done thereon not chargeable against owners of private property, nor inchided in approi»riation8 here- tofore made, 81,000,000. That estimate, I suppose, was made uj) also Avith a view of getting the amount of money that had been expended by the city of Wasliingtou prior to the board coming in .' — A. ^o, sir; my impression is that tliere is an estimate up of $1,700,000. These amounts were taken, and the amounts paid by the General Government on these avenues were deducted from it, leaving a balance of 8700,000. The Committee on Appropriations reported the appropriation bill to the Sen- ate, and I think Mr. Sawyer offered an amendment, approjuiatiug 81,700,000, but, at the instance of Mr. Ferry, of Michigan, 8700,000 was stricken off, and 81,000,000 went into the bill. Mr. Wilson. I simply wanted to get an idea as to liow this thing was done with reference to these appropriations. Q. Can you produce the account on which the one million appropria- tion was procured I — A. A part of it is produced — the amount expend- ed by the board. Tlie papers were presented to the Committee on Appropriations. Q. Of which body ?— A. Of the Senate. Q. See if this is the paper that was presented for the work done by the old corporation, (handing witness a paper.) — A. It would be im- possible for me to say whether this is the identical paper. The fact that the amount foots up the same would lead me to think that is the paper, but I would not say so iTuless there was something to establish the fact. Q. Were your instructions to Mr. Oerlley and IMr. Forsyth to make up an account of all the work that had been done by the old corporation for the imrpose of getting a re-imbursemeut from Congress, that had not been previously paid for ' — A. In this very report we state the fact that the Government should re-imburse the District for the money expended upon twenty-one avenues, which, being named after the States of the Union, form a national feature of the Cai)ital, and all that sort of thing. In this report the details are shown ; 81,237,371.92 had been expended by the board of public works on these avenues since they went into power, and this statement of 8891,000 was the amount expended on them i)y the old cor[)orati()n. Q. Your impression is, then, that this i)aper shows the amonnt of work that it was claimed had been done l)y tlie ol73,171.75? — A. Simply because the ap])roiniatiou was insufiicieut to pay the total cost of the work. i}. J)id you ap[)ly any of that money to the payment of this work? — A. I think so. Q. Then should not there be an account stated showing ? — A. I think tliere has been a settlement. This is the balance due on this M'ork after Q. After paying that ? — A. After paying what has been paid. Q. Then this does not contain the statement of the full cost of the amount of that work around the Patent-Otiice and Post-Ofldce? — A. I tliink not. The vouchers, I presume, will show what it cost. I think you will find them there iu the Treasury Department voucher. Q. S\"ithout going through this account in detail, I will state that I find here an item for work on streets around the United States Cap- itol, 8-'S3,200.Sl. \Vhat streets are those? How is that item made up ? — A. It is made up by these streets : B street north, and First street east, and changing the grade on East Capitol street and Pennsyl- vania avenue east, to Maryland avenue and C street, for bringing them into it. Q. In other words, when you changed the grade on First street east, you had to change the grades to the streets leading into it? — A. Yes, sir. Q. And then you charged the United States with the cost of changing the grades on those streets leading into First street east ? — A. AVhere they had been made before, because the grade (^. Upon what principle did you do that ? — A. If you will allow me to explain Mr. Wilson. That is just what I want you to do. — A. Congress passed, some time ago, a law appointing a commission consisting, I tliink, of the Commissioner of Public Buildings, the mayor of the city, and the Architect of the Cai)itol, to fix the grades around the Capitol. Q. ^\"\\\ you turn to that act? — A. It was aftirmcd by Congress, but no apiJiopriation was made to carry it out. It was only at the last session of Congress that an a[)propiMati()n was made to improve those streets around the Cai)itol, under .Mr. Clark. Senator 3lorrill, chair- man of the committee of public l)uildings and grounds, sent for me, and said that it was very important that tliese improvements should l^e carried out, and that he desired that we should do it, we having charge of the streets; that the grade had iu)W been established beyond any peradventure ; that an a[)iiroi)riation had been made by Congress for improving this horseshoe, and that he would be very glad if we would carry it out. Acting u[)on that reconimendation and request, we car- ried out the grades as established by Congress. 1880 AFFAIKS IN THE DISTRICT OF COLUMBIA. Q. That was this last sninmer? — A. Yes, sir. Q. But, prior to that, and after the grade was established, had yon gone on without regard to the grade established by Congress, and i^ut down this wood pavement around here f — A. AVe had done so, simply because we could not receive any authority from Mr. Clark to carry out that grade. Q. While you were engaged in that, did Mr. Clark call your atten- tion to that grade? — A. He did, sir, and was very anxious to have it done 5 but when I asked him to put it in writing — to make a written state- ment, so that we would have something authoritative — he declined to do it. And so the two squares were paved at the request of the prop- erty-holders, without the grade being carried out. It was no fault of mine that it was not, for I was very anxious to have it done. Q. Did Mr. Clark prevent you from going to the grade that had been established by Congress?— A. Mr. Clark did not prevent me, but he would not do anything in regard to the matter. He would not give his assent to it. Q. Do you know why? — A. I think it was natural timidity on his part. Q. Did he have any money with which to do it ? — A. He was not asked to furnish the money to do it. He was simply asked to approve of the grades fixed by Congress, and to stand by us if we carried them out, which he at first promised, but declined afterward to do. I will state in regard to that, with a view of perhaps making it a little clearer, that Mr. Mullett was the engineer of the board at that time. He was very much opposed to the change of grade, as established by Mr. Clark and his commission, and in giving the grades he gave them at the old points. Q. The fact is, then, that after Congress had established this grade the- board of public works proceeded to grade and pave the street, but not in accordance with the grade established by Congress ? — A. We did not grade and pave the streets. First street was not graded and paved, only East Capitol street and Pennsylvania avenue east, so as to make it pos- sible to get up to the Capitol. If we had cut down and graded at East Capitol street and Pennsylvania avenue east, it would have left an em- bankment ten feet high, and there would have been no means of com- munication at all. It was a great deal cheaper to pave those two blocks, and afterward cut the streets down, the only difference in cost being the relaying of the pavement and resetting of the curb. The material was all used again. The grading would have cost just as much if it had been done at first, as when done subsequently. The additional expense involved was simply the relaying of the blocks. Q. And the cutting down "i — A. No, sir; that would have been done any way, and had to be paid for any way. Q. That is true, but the i)oint is this : you were engaged in grading and paving these two streets. Did Mr. Clarke call your attention to the fact that that would have to be changed ? — A. I called his attention to the fact. Q. Did Mr. Clark call your attention to the fact that that would have to be changed because Congress had established the grade at First street east differently, so that it would not correspond, when that grade was cut down, with the grade you were making on these other streets ? — A. I called his attention to it, and asked him to give me something in the shape of an authoritative expression of his ideas which would en- able me to carry out those grades. Mr. Mullett, as I said, was the engi- neer of the board, and was bitterly opposed to carrying out Clark's- TESTIMONY OF ALEXANDER K. SHEPHERD. 1881 gTades. There was some personal feelings between tbeui. Mr. Clark at first promised to do it, but when the crisis came he declined to do so. I, as executive officer of the board, could only iollow the recommenda- tion of the engineer of the board to i)ave those two s(]uares, as people wanted to get to their houses, leaving the matter to be afterward deter- mined if Congress made an appropriation to go on with the work — leaving the matter to be done next year. That is the history of the case. Q. Xow, then, it is because since that the grade of First street east lias been cut down to the grade established by Congress, necessitating thereby the taking up of the wood pavements of these other streets ! — A. In two blocks. Q. In two blocks. That you charged to the United States? — A. It is a very small amount ; it would not amount to more than 815,000 or $20,000. It is in this bill, it is true. General ]5abcock here requests that all this work shall be re-measured before further settlement is made, and if it is not a just thing it will be thrown out. "NVe have ])ut it in as a part of the cost for carrying out the part of this improvement around the Capitol. It is a matter for the committee and Congress to determine. Q. I simply want to know how this account is made up against the Government, for that is a matter Avith reference to which we have to make a report. — A. It is a matter that would not amount to a great deal. The additional cost would probably be 8-0,000 on those two streets — ^just the doing of the work. Q. That work was done this last summer? — A. It was commenced about August. Q. Was there any special authority to do that, other than the general powers conferred ui)on the board ! — A. The general powers conferred upon the board, and the request of the Chairman of the Committee on Public Buildings and Grounds, that that work should be gone on with. Q. There is a provision of the act of the Sth of January, prohibitiug the board of public works from contracting any liabilities on the part of the United Siates ? The Witness. Was not that virtually repealed by this appropriation to complete improvements of streets and avenues now in progress op- posite and around Government property ? It is a matter for the lawyers to decide. (). My purpose in asking the question was to get your explanation. The Witness. I consulted ]\Ir. Gushing in regard to the matter, and our attorney, and they were of the opinion that it was a virtual repeal of the restriction. Q. That is the ground upon which the board The \ViTNESS. That is the ground upon which we acted. I got Gen- eral Gushing, before he went away, to give an opinion in writing in regard to the matter. It is printed in the answer. Q. I ask the question, because I lind in this act of the Sth of January a provision that " the said board of public works be, and they are hereby, prohibited from incurring or contracting any further liability on behalf of the United States in the improvement of streets, avenues, or reser- vations beyond the amount of apjjropriation ]>r('viously made by Con- gress, and from entering into any contiju^t touching sucii improvements on behalf of the United States, excei)t in pursuance of appropriations made by Cimgress,"' Now, had there been any appropriation made for this work .' — A. Yes, sir. This ap[)ro])riation here was made to com- plete improvements on streets and avenues now in progress, o[)posite and around Government property. 1882 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. That is your explanation of tbat ? — A. That is my explanation of it. I may not be rig'lit, but that is the ground upon which we acted. My. AVilson. I simply want to get the ground upon which you acted, because that will enable us to present the matter to Congress. Q. Now, the next item of that statement in the report is for work on avenues— S 1,0.jG,574.3G. The Witness. The opinion I spoke of a little while ago of Mr. Gush- ing, I will state, is in the answer on pages 47G and 477. Q. The details of that item I have referred to are to be found on page 32, an exhibit appended to the report, if I understand ' — A. Yes, sir ; that is it. Q. That is made up of work done by the District prior to the board ? — A. Yes, sir; and the different measurements given. Q. Measurement of March 14, 1873 ; measurement of March 20, 1873 ; measurement of March 14, 1873 ; and additional work. IS^ow, that work done by the District prior to the board, is that the same work for which the account was made out, to which I called your attention a little while ago, amounting to $891,000 ? — A. If you will hand me that paper, I will compare it with this. I do not recollect. There are so many of these things that I cannot recollect all the little details. These items seem to be the same, except three. Q. The diftereuce between these is very immaterial, is it? — A. This seems to embrace Xorth Capitol street and East Capitol street, which are not in the schedule. Q. Because they are not avenues? — A. They are not avenues, but they ought to be treated as avenues, because they are virtually such. Q. Aside from that? — A. Aside from that, Vermont avenue is put down at $35,000 in this table and $22,250 in this. North Capitol and East Capitol streets are virtually avenues. 1 supjiose the engineers treated them in that way. Q. Then the first column is the same, with the exceptions that you have named, as the account made out at the time the million-dol- lar appropriation bill was passed ? — A. Yes, sir. Q. Now, if you will take your answer, commencing at page 411 and ending on pages 415 and 416, I would like to call your attention to some items there. Is the voucher there given the one on which the one mil- lion dollar appropriation was drawn ? — A. Yes, sir. Q. What work is embraced in that voucher — is it work done by the board or by the old corporation "? — A. Both, I guess. Q. Can you tell how much work is done by the old corporation, and how much is done by the board? — A. I cannot; the vouchers will show what was done by the board, and the difference between that and this amount will give the amount done by the old corporation — the amount charged on account of what has been done. Q. When you were on the stand before, and your attention was called to the amount of grading on Louisiana avenue, you stated, I believe, that that grading was grading that had been done by the old board? — A. Yes, sir, by the old corporation. Q. And that continues through this? — A. Yes, sir. It continues throughout. I know in relation to Louisiana avenue, because I used to work as an apprentice there, when I was about fourteen or fifteen years old. I know grading has been done all along for the last twenty-five or thirty years ; the street has been graded down. Q. I will call your attention to the measurement of March 14, 1873 — second column on page 32. Say if the items in that column are not the TESTIMONY OF ALEXANDER E. SIIEniERD 1883 same substantially as the items in this voucher, commeuciup,- on page 411, to which 1 have just caUecl your attention. — A. You mean the total? Q. Yes; connnencing with Connecticut avenue. — A. Yes, sir; that is the same in both places. (J. Then take Executive avenue. 3Ir. Bass. You will lind a recapituhition on page 410, which will be easier to follow. A. Executive avenue is not in this measurement of March 14. Q. That is only $3,070.91.— A. That avenue was not made until after it was incorporated in this measurement. It is the avenue down here, leading to the Botanical Garden. Q. Then (ieorgia avenue.— A. That is $3,712. That is the same. Q. Louisiana avenue. — A. 814,291.97. That is the same. Q. The next one is ^Massachusetts avenue. — A. 8182,943.55. There is a very slight difference there. Q. About a thousand dollars ? — A. Yes, sir. Q. Maine avenue. — A. That is the same. Executive avenue is there —it is the last— 83,070.91. Q. It is the same, is it ? — A. Yes, sir. Q. Then Maryland avenue.— A. Maryland avenue, $138,089.54. Q. New Ilampshire avenue. — A. $47,005.07. That is the same. Q. New Jersey avenue. — A. $38,226. That is the same. Q. North Carolina avenue.— A. 834,234.07. That is the same. (^ New York avenue.— A. $157,700.72. That is diHerent. $101,500. It is more in the tables than it is in the measurement. There is a dif- ference of about $5,000 there. Q. Pennsylvania avenue. — A. $140,743.43 There is a difl'erence there, but it is very slight. A difference of only a few hundred dollars. (,). Bhode Island avenue. — A. $25,758.33. That is the same. (}. wSouth Carolina avenue. — A. $9,481.33. That is the same. Q. Vermont avenue. — A. $20,993.47. That is the same. (->. Virginia avenue.— A. 872,899.83. That is the same. i}. Now, it appears from this that the first column shows the amount of work that tlie board of ])ublic works claim had been done by the old board prior to the District government, and the second column has all been paid, by this voucher to which I have referred, and the hrst col- umn is embraced in this voucher f — A. No, sir; you will find, I think, that certain credits have been made. Q. You will find the credits in the last column there to the right? — A. No, sir ; but certain credits made on each one of these particular avenues. Q. They are deducted before you get at these aggregates ? — A. V'es, sir. In order to arrive at a correct statement, it woidd require us to go to work and condense the whole amount of material. (^. You will see on the face of this that it would obviously appear, unless there was som<'thing exi)lanatory of it, that these two claims are mere duplicates of each other. — A. My impression is that, in making uj) this table, ]\Ir. Oertley took this second table here from these differ- ent measurements. i}. But still that would not exDlaiii it. .Air. Oertlev made u^) this table.'— A. I think he did. (}. But you see that would not explain it, for the reason that the first cohunn contains the work done bj'tlie old board, and tlie second column contains work done by the old board. — A. The secoiul column, as I understand it, contains some of both. 1884 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Even putting" it in that way, it will not explain it, because you Lave aggregated tliese two columns together, and the three following- columns, and they make an aggregate of $2,284,736.38. Then you have deducted $1,228,102.02 from that, leaving 81,056,571.36, which, it is claimed by this table and report, the United States owes to the board of public worlis. Xow, if this is as it appears upon the face of this table, it is very obvious that the Government does not owe any such sum as that, and my purpose in putting these questions is to get an explanation of that. — A. I will suggest this : that there be a measurement ordered on all of these avenues ; that the old vouchers and the new vouchers be taken, and an account be stated. That would be the fairest way to get at it. Let an account be stated. The principle has been established by Con- gress in the last appropriation bill that they will pay on the avenues all that is not paid by private property-owners, and it will be a very easy matter to get at what is the exact amount there. The Witness. Of course I know nothing about it except as it is re- ported to me. Mr. Wilson. I know nothing about it except as I see it here. The AViTNESS. The questions are very proper oues, and I would sug- gest that a full statement of account be made of the material that has been put on the streets. Q. That lirst column, according to my footiug, aggregates $778,034, and this table would be inaccurate to that extent if the data that we have thus far is correct? — A. There would only be one way of getting at it properly, and that is to put the whole work in, and make up a statement of the whole work on each avenue as to what was done under the old corporation and what was done by the board of public works, and thus get at it definitely. Q. Is there anything now that has thus far been presented to the com- mittee that would enable the committee to determine as to what is the accu- rateamount that theGovernment should pay on account of these avenues? This table seems to have been made for the purpose of enabling Congress to get at the exact amount? — A. Yes, sir; and the table may be right, but I would not like to say anything in regard to that until I have gone through it, and I will have it all gone over and an account stated in regard to these avenues. . Q. This thing attracted my attention in looking at the tables, and I was unable to explain it, and therefore I desired to have an ex[)lanation from you. — A. It is very natural that you should want an explanation of it, because I cannot understand it. Q. I find here a measurement of March 26, 1873, amounting to about $180,000; have you any such measurement as that ? The Witness. I think that covers that appropriation of $188,000, doesn't it ? Q. What does that foot up to ? It does not seem to correspond. — A. No, sir ; not exactly ; but it occurs to me as the measurement upon which that $188,000 was based. Q. I cannot find any such measurement as that in your answer. The Witness. Any such measurement as which ? Q. As that of March 26, 1873. I cannot find any that either cor^ responds in date or amount. I inquired at the Treasury Department for all the vouchers, and I have not received any corresponding with that from there. — A. I will look into that. I do not know how it is. I do not know what kind of voucher that was paid. It was paid into the District government and not to the board of public works, and there- fore I suppose is not in this appropriation. I will have a statement TESTIMONY OF ALEXANDER R. .SIIErilERI). 1885 made up in regard to this, and have a lull account i^rcpared, and see how it is. Q. This cohimn, '-additional work,'' wliat does that mean .' — A. That is work done during- 1873 — after March, I suppose. Q. But you have anotlier.iteni of oO(),0()() ochl dolhirs for work which has been done during the summer of 1873. — A. But that is around Clov- erument property, and this is on the avenue. This statement refers entirely to avenues, as I understand it. Q. Upon what data is that column made up ? — A. From vouchers of the board, I suppose. It must be. Q. At ])resent you are unable to give any further explanation iu re- gard to that table ? — A. I will have a full account stated of what was done by the old corporation and all that has been done, by the board of public works there, and then deduct what has been done, and it will give the amount that is due. Q. I don't know whether you were interrogated in regard to the next item of this account — the item of $2,540,081.83, which should be 82,740,000, as I understand it — I don't know whether you were inter- rogated in regard to that yesterday. — A. Yes, sir; I was questioned by the chairman, and I made this general statement, that that would be the tax upon the Government property jirovided they pay as private property-owners do under this general sewerage-law. Q. That is to say, if adopting the general sewerage-act as the basis of taxation for main sewerage, if you were to tax the Government at the same rate, the tax would amount to that sum of money, and, there- fore, you put it in the form of indebtedness to the General Government for main sewerage ? — A. Yes, sir; making' it in that shape. Q. Do you know what this main sewerage cost ? — A. Well, it will cost about $3,000,000 and a little over, I guess. Q. A statement was brought to the committee a few daj's ago, show- ing that the main sewerage had cost, up to this time, $1,626,540.87. — A. That amount had been audited on that account up to this time. Q. Then you stated, in addition to that, in one of these tables, that to complete this sewerage it would require $1,056,565.87. — A. To com- plete the contracts now in force on account of the main sewerage. Q. Y'ou would put the whole amount at about $3,000,000 ? — A. I should say about three and a half millions of dollars. Q. The aggregate of the accounts audited, and the estimate made to con)plete the sewers which are under contract, would be $2,683,112.54? —A. About $2,700,000. Q. You do not think that more than that would be required to com- plete the sewerage-system. What do you embrace in that system in addition to what is now under contract? — A. There are a good many sewers that are not under contract — smaller sewers, brick sewers; some that I referred to east of the Capitol. Q. There are one or two to l)e built there? — A. And in other parts of the city, which would come under the caption of main sewers. The dames Creek Canal is to be finished. <,>. "Would tliey aggregate a million of dollars, do you thinlc, and these not embraced? — A. No, sir; I should tliink about 8500,00(>. (,). That would make it come to al)out $3,000,000 instead of $3,500,000 ? —A. From $3,000,000 to $3,500,000. Q. To complete the main sewerage-system ? — A. Yes, sir. Q. If you were to tax the Government as you contemplate, the Gov- ernment would i)ay ibr the entire main sewerage-system of the city. That would be the elfect of it? — A. Xo, sir. You must recollect that 1886 AFFAIRS IN THE DISTRICT OF COLUMBIA. tlie city lias already paid — these citizens liave already paid — an aggre- gate of 81,000,000 for main sewerage, as I showed yesterday by the old corporation. Q. That would put it up to $4,000,000?— A. It would put it up to $4,500,000. My idea is that, with what has been paid by the old corpo- ration and the cost of completing the main sewerage of the city, it will run to $4,500,000, about. Q. Now^, in fixing up this matter of taxation, you embrace in that all the avenues — that is, in cutting out the amount of tax that you think the Government ought to pay on account of this main sewerage, you not only embrace the Government reservations where the public build- ings extend, &c., but you embrace in that the avenues of the city ? — A. Yes, sir. Q. What else ? — A. Avenues and streets. Q. In other Avords, you calculate the area of the Government grounds actually occupied by the Government, either for parks or for public buildings, and then you add to that the area of all the streets and ave- nues of the city ? — A. They are just as much Government property as the other. Q. That is a question we will have to decide upon, and I am simply trj^ing to get at what your theory of this thing is. You add the area of all these streets and avenues to this other property, and you tax that at the same rate that you tax private property for the sewerage purposes in these various districts, and from that you arrive at the amount of two million seven hundred and forty odd thousand dollars as what the Government should pay on account of main sewerage ? — A. Yes, sir. Q. That is the correct statement of it ! — A. Yes, sir. You must re- collect that the Government owns a good deal of property outside of the District. There is the Soldiers' Home and the Keform School, and all those things, that drain into this system of sewerage. I would suggest to you, also, that there are about 500 acres of land in this city in avenues, which were laid out because this was a capital city, which, if the city was simply a commercial city, would be sold and taken in and made to bear their proportion of the taxes. Q. That is a legal and equitable question that the committee will have to take into consideration. All I am seeking after now is to get a clear statement of the theory of the board of i)ublic works in regard to this, so that we can present it properly to the Senate and House of Eepresentatives . — A, Certainly. I am merely stating that to call at- tention to that fact, that the 500 acres of the area of this city is in ave- nues, such as they do not have in any other city, intersecting, bisecting, and cross-secting, and which would not be here if this were not a capital city. Q. Let us see what the i^ractical effect of this is going to be. There have already been issued under this sewerage bill $2,100,000 of sewer- certificates, as you call them, I believe ? — A, Yes, sir. Q. And those have been disposed of to contractors and employes of the government with the exception of between $500,000 or $600,000? — A. Yes, sir. Q. They have been used for the purpose of paying for the streets and for the construction of streets'? — A. No, sir; paying for the con- struction of sewers. Q. These sewer-certificates f — A. Yes, sir. Q. Exclusively? — A. Almost exclusively. You will find that the board of public works had advanced on account of main sewerage a very large sum of money when this law was passed, and we merely re- TESTIMONY OF ALEXANDER K. SHEPHERD. 1887 imbnrsed the general fniul of the board troiu these sewer-certilieates ; so that virtually all these sewer-certilieates that have been paid out have been paid out on account of sewerage. Q. That is the practical effect of it. Those sewer-certificates that have been thus paid out to contractors and employes of the board have been hypothecated, as I understand you to say ' — A. Yes, sir. Q. To Avhat use has the nionej' been applied f — A. To paying the lia- abilities of the board. Q. What class of liabilities '? — A. The employes mostly ; some bills payable, and things of that kind. Q. Was any of the money derived from the hypothecation of these certificates used for the purpose of paying the hist January interest'? — A. ^'ot a dollar. Q. From what source was that money derived for paying the last Jan- uary interest ? — A. From the sinking-fund. It was money borrowed from the board by the siidving-fund commission through me. (}. Upon Avhat security was that money borrowed .' — A. It was bor- rowed on the sinking-fuiul baidc. When 1 say it was borrowed, I mean that I borrowed some $I30,()0(), about the 23d December, to make up the amount with the amount in hand derived from taxes — to make up the amount necessary to meet our interest. Probably 1 go a little too far when 1 say it was borrowed for this purpose. It was not. It was bor- rowed for the purpose of the sinking-fund commission, and put into the general fund of the commission ; but these coupons were paid by the sinking-fund commission out of their treasury. Q. ]^ow, before passing- from this sewer question, I desire to ask you a question or two in regard to this average that was charged to the Government on account of the sewers — not of the mainsewer system. That has been $4.70 ? — A. Yes, sir. Q. You have heard Mr. Oertley's statement as to how he arrived at that conclusion ? — A. Y^es, sir. Q. Xow, you make up your assessments after the street is completed? — A. Yes, sir. (}. When the street is completed it shows the whole amount of sew- ers that have been put down in that street? — A. Yes, sir. (}. All the grading, paving, curbing, foot-paveraeuts, and everything- of that kind — A. Yes, sir. Q. Then it would be an easy matter to ascertain from the records of the board exactly the kind of pipe — the cost of pipe and all that in con- nection with these sewers, would it not ? — A. It would if the work was done. Q. But, then, you don't make assessments on the street until the street is completed' — A. Ko, sir; and the probability is that a great many of these vouchers are made up ; that he established this average long before the work was finished, and while the w^ork was in process of completion. I supi)ose that is the way he came to make an average. I say this, that I don't think it was a proper thing to do to make that average. Still, if you will take the fact that the Government has not sufiered anything by it, that the amounts paid by the Government are less than the amount it cost the board of public works for those sewers, there is no harm done. (^>. Of course not. The Witness. I don't think it is the proper way to do business. Q. But that is the very question with reference to which we are likely to bo in the dark unless this thing is accurately made up, and for that reason I called upon yir. Oertly the other day to make us a statement. 1888 AFFAIRS IN THE DISTRICT OF COLUMBIA. KovT, by referring to the reports of tbe snperiuteutlent of property ■which yon have in your board reports, I find that I may be error about it. I gave you a statement, because I want to direct your attention to it, for I regard it as a matter of importance. That there has been used of 12-inch pipe, 234,003 bnear feet ; of 15-inch pipe, 87,317 linear feet ; and of 18-inch pipe, 48,561 linear feet; and of 20, 21, 24, 30-inch pipe, all told, of those 3 ; aggregating them all together would only amount to 7,0G8 feet ? — A. Very little of it I know. Q. So much pipe-making a total of 377,042 linear feet. If that is cor- rect, it would indicate very strongly that Mr. Oertly has placed this average too high. — A. I have no doubt that he places it too high. Q. For that reason, I call your attention to it. I only get this from these reports. The Witness. I have uo doubt you are right, sir. I have no doubt that he placed the average too high. The committee here took a recess until 2 o'clock. On the committee re-assembling. Governor Shepherd's examination was continued, as follows : By Mr. Wilson : Question. In speaking of making assessments, if I have understood you and uuderstood the other witnesses correctly, the assessments are made after the street is completed 1 — Answer. In most instances ; yes, sir. Q. Have there been many instances in which that has not been done ? — A. Very few, I think. Q. In what way do you ascertain how much to assess against prop- erty where the street has not yet been completed ? — A. We merely assess what has been done. For instance, the carriage-way is done, and the footwalks are unfinished ; the carriage-way is assessed, and for the footwalks, when they are completed, another assessment is made. Q. Then, when you make the second assessment, do yon assess the whole length of the street again "? — A. We assess just the cost of what- ever it was when comi)leted. Q. For the whole length of the street ? — A. Just what the first assess- ment does not cover. Q. Suppose you were to make an assessment — the street is, by way of illustration, one-half completed, and you make an assessment — do you assess for the full length of the street? — A. O, uo, sir; merely assess where the work is done. Q. Then you would only assess the balance of the street, and the prop- erty that was opposite the work that w\as subsequently done ? — A. The only instance in which jiartial assessments have been made have been instances where the carriage-way was paved and the footwalks un- paved, and the season prevented the finishing of footwalks. An assess- ment is made for the carriage-way alone, and the bills rendered are in- tended to read for paving of carriage-way ; that assessment is made. Then, when the footwalks are completed, an additional assessment is made for the proportion of the footwalks chargeable to the private prop- erty. Q. Would you assess for the carriage-way, only the carriage-way completed, the full length of the street ? — A. Yes, sir ; between any given I)oints. The measurement, you know, only goes between those points, and the assessment is based upon the cost between those points. Q. Have you authority for making assessments before the street is completed ? — A. ^Vell, the street is completed. The carriage-way is a TESTIMONY OF ALEXANDER R. SHEPHERD. 1889 tiling to itself and the footwalk is a tliin*;- to itself. The ])r(H)er i)hm in regard to assessments is: the only way in which worlc should be done, would be to levy the assessment beforehand, so that the proceeds of the assessment would be coining; in to meet the e.\i)ense of the outlay. Q. But that was not dojie; that is not the policy that was pursued, was it ? — A. That was not done ; no, sir ; that is the reason that the board is behind now, in many matters ; one of the reasons. Q. AVheu we were ridiny about the city the other day, I noticed that ^lassacliusetts avenue was uot yet completed beyond Senator Stewart's house. — A. It is completed all but two scpiares. Q. Is the carriao-e-way coni[)leted there '! — A. .No, sir. Q. Is the gi-adinj? c()mi)leted there? — A. The grading is completed ; yes, sir. Q. How long is it since it was completed ? — A. Well, it was about completed when we were there. Q. They have been working on it for some time past, have they not; up until quite recentl3" ' — A. Until quite recently : yes, sir. Q. Now, assessments have already been made ou ^Massachusetts avenue, have they not ? — A. I think not beyond the circle. Q. Looking jjt the report of 1873, 1 find that they have assessed the squares out to the end of the street. I see that squares 06 and 07 are embraced in the assessment of Massachusetts avenue. Look at the report, if you please, and 1 think you will find it so. It will be found at page 152. You notice squares 00 and 07 are embraced in that assess- ment ? — A. I observe it. Q. Sixty-six, 07, and 94 and 95, also, you will find them on the map which I hand to you. — A. (After examining the map.) Well, I suppose that the assessor made one assessment of the whole street, the bulk of the work being done. It has beeu done since I was vice-president of the board. Q. The grading, however, at the time that was done, had been done there? — A. Well, that is a question that 1 cannot answer. Q. Well, they have been grading there until (piite recently? — A. They have been grading at Twenty-second street, tilling Twenty-second street, making the grade of Twenty-second street to conform to Massachusetts avenue. Q. The carriage-pavement is uot laid there ? — A. It is not laid beyond the circle, do you mean ? Q. Is it ? — A. It is laid a j)art of the way beyond the circle. It is laid uj) to Twentieth street. There are two squares yet to be done. i). And the footways are not there ? — A. Xo, sir. (^>. How did they ascertain how to make an assessment upon Massa- <-husetts avenue until it was completed? — A, Well, it was very easy to ascertain ; all you have got to do is to measure the number of yards of ]taving it would take to pave it, and the iiuml)er of yards of footwalks. You can tell exa(;tly what it would cost. They estimated it into the as- sessuxMit so as to make the assessnuMit i'or the whole line of the street. (). Do you know whether that has been done in this instance or not ? — A. I do not ; i presume it has, however. (). Who has that contract out there ? — A, That I cannot tell you. (}. Did you urix*^, upon the District legislature the passage of that sewer-bdl .' — A. I did. Q. Did you send to any of the members of the District legislature and personally intercede with them to get them to vote for this bill ? — A. I think I sjjoke to most of them ; yes, sir. Q. Did you make any promises to any of them in order to induce Hit D c T 1890 AFFAIRS IN THE DISTRICT OF COLUMBIA. them to Yote for tbe bill ? — A. I did not. Several of them wanted l^romises, but tbere were none made. Q. Senator Thurmau yesterday interrogated you in regard to tbe indebtedness of tbe city tbat bad been contracted. I find, in looking at your answer on page 404, tbe statement, " certificates issued in tbe prosecution of special improvements done under contracts, $12,294,094.47; and for special improvements outside of contracts, including material furuisbed, not included in measurements, 82,605,400.04; and on account of miscellaneous expenditures otber tban special improvements, and payable by special appropriation, $1,329,010.20 ; making a total of $10,275,400.13." Tben, turning to page 303, 1 tind tbat Mr. Lay, as au- ditor, gives tbe net cost of improvements under contract paid as t()l- lows: By certificates issued to contractors, $10,890,005.41 ; by property issued, $1,398,089.00; making a total of $12,294,094.47, tbe amount tbat I gave you at first. He tben states tbat tbere is due on account of un- settled and incomplete contracts $500,000; is tbat intended to represent the cost of all the contracts up to the date of this report 'I — A. I i)re- sume it is; yes, sir. Q. Tben, if 1 understand you, there has been paid out ou account of contracts something over $10,000,000; is tbat correct!. If it is not, I want to get tbe correct amount. — A. Tbe 404th page gives you a com- plete statement of it — total amount of certificates of settlement issued, $17,540,054.09, and the items are all given tbere. Then it gives for tbe following purposes — giving the details of them. Q. 1 have left out of my statement what you paid out on account of expenses and ])ay of employes, &c., and on account of water-fund — $370,077.05. Then the $17,540,054.09 show tbe cost of the improve- ments ? — A. No, sir; that shows other things. You will notice one item there on account of miscellaneous expenditures otber tban special im- provements, payable by a special appropriation. That includes build- ing market-houses, and things of tbat kind. Q. What I want to get at is your statement of the cost of these im- provements that have been made by tbe board of public works. — A. I think you will find tbat in that upper statement — tbe statement about the middle of tbe page — "total amount of expenditures on account of improvements, $15,052,085.25." That he gives as the total amount of expenditures on account of improvements. Q. I have the register of the auditor's certificates of the board of public works, Avhich gives the grand total of certificates issued at $18,172,999.02, if the footings are correct, and they are made by some of the clerks of the board. I take it for granted they are correct. — A. Up to what date is that ? Mr. Wilson. It is up to the 23d of Ai)ril, 1874. A. Tbis (the awards) is up to the 28tb of February, 1874. Mr. Lay is there ; he can probably' explain it to you. Mr. Wilson, (to Mr. Laj\) This is just the aggregate amount to that date ? — A. Yes, sir ; that is the aggregate amount up to tbat date. Mr. Wilson, (to Governor Shepherd.) Are you familiar with this record ? (referring to book.) — A. Well, I am familliar with it, inasmuch as I know what it is ; but I am not familiar with the details of it. Q. Does this record contain any certificates otber than those that were issued on account of improvements ! — A. That, as I understand it, contains all the certificates issued by the board of public works since the date of its organization. Q. What does the auditor of the board of public works issue certifi- cates for ! — A. For work done under tbe board of public works. TESTIMONY OF ALEXANDER R. SHEPHERD. 1891 Q. For anytliiiig- else ? — A. I think not. Q. That M oukl .show, then, that there have been certificates issfietl np to this date, on aeconnt of work done by the board of public works, of over $18,000,000 ?— A. That is the statement. Q. That seems to be what this shows, ^ow, what amount of appro- priations have been made in all on account of improvements ? — A. I can have you a statement made up. 1 cannot tell you just at this mo- ment. Q. In the first place, you had an appropriation of 8-")00,000, had you not ? — A. Yes, sir. Fiist, you can put down the S4:,000,000 loan. The 8240,000 in bonds was in anticipation of the $1,000,000 loan, and taken out of it, and was a part of it, \irtually. Q. What was that made for '! — A- To make good the deficiency in the $4,000,000 loan in money. Q. r.ut that onlv made the $4,000,000 still ?— A. It only made $4,- 000,000 in money— $4,240,000 of apjiropriation. Q. Ves ; but you had only $4,000,000 of money '? — A. It was an appro- priation of $4,000,000 absolutely, but the bonds did not bring that. Q. Exactly ; and then afterward you made it up to $4,000,000 by the $240,000 appropriation? — A. Yes, sir; but it was an appropriation of $4,000,000. If you are going to treat it as an appropriation, you will have to treat it in that way. Mr. Stanton. In money resources to the board, the two laws together made up $4,000,000. ' . By ]Mr. Wilson : Q. Exactly ; that is what I want to get at. There was first an appro- priation of $4,000,000?— A. Y'es, sir. Q. But that $4,000,000 was put in the shape of bonds negotiated at discount, and there was subsequently an appropriation of $240,000, iu order to make up that deficiency? — A. \^es, sir; to make it up in money. Q. 8o that yon really liad, in money, an api>ropriation of $4,000,000, although you had the two appropriations, one of $4,000,000, and the other of $240,000 ?— A. Y\'s, sir. Q. What other appropriations were there ? — A. An appropriation of $.">(iO,000 to re-imburse the board for certain outlays. Mr. Stanton, (to^[r. Wilson.) 1 think you will probably find some of these ai)propriations on page 428 of the testimony, the answer filed to the second and succeeding charges up to the 12th. That ought to be re- duced, however, by the ai)pro]niatiou of $240,000, or whatever it was; it went in to make up the $4,000,000. ]Mr. Wilson. I will get at that point. (^. (To the witness.) Have there been any other api)ropriations made than are stated on i)ages 428 and 420 of the evidence that has been taken in this case? — A. No, sir; it aggregates $l(],;iGl,428.78. C^. You have treated all that as appn)i»riations? — A. Yes, sii-. ]\Ir. Wilson. I would like to see that sewer-tax law — Iheact of June 20, 187;3. The Witness. It is here, sir. (). Do you find anything in that law making an approi)iiation to the board of jMiblic works '. — A. I find an act creating drainage ami sewer- age sections in the cities of Washington and Georgetown and the District of Columlfia, and providing for the paynu'ut of the construction of sew- ers and drains therein by assessments, and issuing certificates therefor. Q. But is there any ai)propriatiou to the board of public works in 1892 AFFAIKS IN THE DISTRICT OF COLUMBIA. that act, of which you are aware ?— A. Well, I should certainly regard it as an appropriation. Q. You have treated it as an appropriation ? — A. Section seven says that the board of public works are authorized to issue certificates of indebtedness, &c. ; it provides how they shall be issued and registered to an amount not exceeding in all the sum of $2,120,000. Q. That you regard as an appropriation act f — A. I treated it as a resource of the board. Yes, sir, an appropriation. Q. All of these amounts that have been provided for by act of Con- gress, amounting to 13,522,940.18, you have also treated as appropria- tions ? — A. Yes, sir. Q. xVnd acted on them as though they were ? — A. Section 9 of the sewerage act says that the money arising from the assessment author- ized by this act shall be received and collected by the board of public works, or one of its officers, and full and separate accounts of collec- tions from each section kept by them, and the proceeds to be used in the payment of the cost of the construction and completion of the respective sewers authorized by this act. Q. Here is an amount received from commissioners of the sinking- fund, 1317,321.21; was that an appropriation? — A. That was an appro- priation by the a(;t of June 20, 1872, authorizing the commissioners of the sinking-fund to pay any obligations on account of the late corpora- tions of Washington and Georgetown. It was a legitimate appropria- tion, I should think. Q. Then you have added assessments on private property, as shown by the statements of the auditor of the board of public works ? — A. That is an appropriation. It is fixed in the organic act that the board of public works shall assess that proportion, and in the $1,000,000 act it is also stated. It is considered as an appropriation, I think. Mr. Stanton. If you will let me call attention to the aggregate on page 429, it says, showing total appropriations and assessments. Mr. Wilson. Yes, I noticed that ; I was simply identifying this, be- cause it is a matter for subsequent consideration by the committee. The Witness. I have here the contract in regard to Massachusetts avenue. It is a contract between Oweu O'Hare, Henry Himber, Will- iam H. Groot, and the board of public works, between P-street circle and Boundary street, northwest, the 5th day of July last. Q. Had not the assessment on that street been made prior to the 5th of July last? — A. I hardly think so. Q. They appear in the report of the board. — A. I can find out ex- actly in regard to that. I can give you the exact date that assessment was made. Q. Have you ever taken advice of counsel in regard to whether you could properly regard these as appro{)riations, and treat them as such in making contracts ? — A. Do you mean the assessments ? Q. No, no; these matters that I have been calling your attention to in connection with appropriations. For example, here is a million of dollars appropriated by Congress to reimburse the old corporation or the old board — re-imburse the city of AVashiugtou A. Yes, sir ; to be expended under the board. Q. You treated that as an appropriation ? — A. There is no doubt of that. I think the debate in the Senate on it will bear out what 1 say in regard to it. They treated it so. Q. Have you taken advice of counsel as to whether or not you had the right to treat all these as appropriations ? — A. Well, we have, in all TESTIMONY OF ALEXANDER R. SHEPHERD. 1893 our reports to Congress and tlic legislative assembly, treated them as approjiriations ; we never had jt questioned at all. Q. You will remember that the organic act provides iliat you shall make no contracts in advance of appropriations, or in excess of ap- propriations ? — A. No, sir. (^>. Is not that the provision of the act? — A. No, sir. It says except in ])ursuance of ap[)roi)riations made, and after the ap[)ropriation shall have been made. Q. Well, I do not remember the exact phraseology. — A. "The said l^oard of public works shall have no i)0\ver to luake contracts to bind the said District for the payment of any suius of money, ex(;ept in ])ursuance of appro[)riations made by law, and not until such appropriations shall have been luade." Q. ^'ery well. Do you construe that to mean that you have a right to make contracts in excess of appro[)riations ? — A. Well, 1 do not construe it at all ; I simply sa.v that all that we have done has been in pursuance of appropriations made by law. Q. The point that I want to get at is, whether you have made con- tracts in excess of appropriations made by law. — A. We have not made contracts in excess of appropriations made by law. The work that we have done has exceeded the api)ropriati()ns, but the contracts made have not been in excess of the appropriations. i). Then you have been doing the work without contracts '? — A. Well, we do a good deal of work without contracts, of course. Our employes are all without a contract. Q. But I am speaking about street improvements. — A. I say that the amount of improvements made — the contracts for improvements made — have not exceeded the amount of the appropriation. i}. Yes, but if I un«lerst()od you, the work that you have done has ? — A. Taking all the outside work, which comi)rehends a great many de- tails not included in improvements, and not coming outside of that clause. Q. Eegarding this as a matter of some importance, sir, I called your attention to it. You have been taking a bond from parties for the keep- ing in rei»air of streets that have been constructed ? — A. Yes, sir. Q. Has it ever occurred to you that if you have made any contracts in excess of and in advan(;e of a])propriations, tliose contracts might be illegal, and therefore your bonds utterly worthless, and that you could not enforce them ? — A. Well, I am not law\ er eiu)ugh to go into a dis- cussion with you on that subject. (). I simply asked you whether that nevei- has occurred to you. I desire to know whether you have taken the advice of counsel ? — A. Every bond that has been given — every contract that has been made — has been done through our attorney — thrcmgh the District attorney, and lias received his sanction; ever}- bond that has been given to every contract. ii. Has that point been suggested? — A. That I cannot tell; it is his busiiM'ss to look out for that. i}. Have you ever contemplated bringing any suits on these bonds, and been deterred from doing so by reason of this very (|uestion ? — A. Never, sir; we have in most instances held enough in our liaiids to have the butt end oj" the whip. (}. You protected yourselves in that respect by holding bnck ? — A. We took eveiy precaution, sir, both as regards bonds and holding back enough to nnike us good. 1894 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have you held back in any case excepting these Evans cases? — A. We hekl back in a good many cases. ^ Q. And projected the board and the Government? — A. I think the District has been thoroughly protected, or will be; that has been our intention. Q. From what source has the board derived its authority or its power to make contracts for raising houses? You remember that when Mr. Strong was on the stand he said something about contracts for raising houses, and it has been stated to the committee that there were some Chicago parties here raising houses. — A. There was an appropriation made by the legislative assembly for that purpose. Here is the act, approved June 25, 1873, providing for raising and underpinning houses, $150,000; raising and underpinning Georgetown market-house, $24,- 984.83. Q. This seems to be an act making appropriations for reimbursing the board of public works of the District of Columbia for the money expended by them for the erection and repair of pumps, cleaning and repair of streets, raising and underpinning of houses and market-houses. Had these houses and market-houses been raised by the board of public works prior to the passage of this act? — A. Only a few of them; the work was in progress at the time. Q. Now, what I desire to know is, where the board procured its au- thority to engage in such contracts. — A. Well, it was a matter of dis- cretion ; the board had to exercise discretion. It would not have done to have buried people by a change of grade twelve or fifteen feet under ground without making some provision to protect their property and life, and the board exercised that discretion by raising their houses; the matter was laid before the legislature, and they made an appro- priation. Q. Was there a statement or report of any kind made to the legisla- ture on the subject ? — A. Yes, sir. Q. Can that be procured ? — A. I think it can. Q. I would be glad if you would furnish that to the committee. — A. I will do so, sir. Q. When you raised and underpinned houses, having made these con- tracts for that purpose, were there assessments made against the prop- erty ? — A. No, sir ; it went in lieu of damages which would have had to have been paid to the property for changing grades. The raising of the houses and the underpinning of them settled the account. Q. Had you been advised that the District would be liable for the damages that were incident to a change of the grade of the street ? — A. In what way ? Q. Had your attorney rendered any such opinion as that ? — A. I am not certain on that. Q. Do you know whether the question was ever submitted to your attorney for an opinion on that subject ? — A. M}^ impression is that it was. ' Q. Who was the attorney to whom it was submitted ? — A. If it was submitted at all, it was submitted to Mr. Cook, attorney of the District. Q. How were those contracts for raising houses let, by advertising for bids? — A. I think that proposals were invited from two or three dif- ferent cities — persons who make that a business. The lowest bid was that of Coughlin and somebody in Chicago. It was referred to Mr. MuUett, who was then engineer of the board, and he recommended that the work be awarded to these persons, and most of that work was done TESTIMONY OF ALEXANDER E. SHEPHERD. 1895 by them. ^Iv. Collins did a little of it in the neighborhood of L street, but he was not familiar with the work, and was not very successful at it. Q. Did Strong do any of it'i — A. He did some underpinning. Q. Did you enter into these contracts with these Chicago parties for this purpose ? — A. Yes, sir. Q. That contract was in advance of this a])propriation for that pur- l)ose? — A. Yes. Q. I understood you to say, when you were on the stand before, that you had made purchases of considerable amounts of material without inviting i)roposals .' — A. ^yell, wo in\'ited proposals in almost every instance. Q. Were those contracts in writing ? — A. The offers were all in writ- ing, and the acceptances of the proposals. That is the same way iu which most of the supi)lies arc 1)ought by the Government. Where they do not advertise, tliey get proposals from different parties, and give it to the lowest bidder; send them orders for the purpose. Q. How was the tlagging bought ? — A. The llagging was bought, I think, from jiroposals made by the board. Q. But did the board make any proposals for bids? — A. Advertise. Q. Yes. — A. I think not. I think we asked for i)roposals from two or tliree parties, if my memory serves me right — two or three parties dealing in flagging. Q. To whom did you make application for proposals t — A. One firm of Van Brunt «S: Co., 1 think, in New York ; i\Ir. John O. Evans, and some other company, the name of which E forget. Q. Were your proposals made to i)ersous who had quarries and were sui>plying that kind of material '! — A. Yes, sir. (}. John (). Evans has no such quarry, has he ? — A. John O. Evans was dealing quite largely in work of that kind. Do you refer to the canal — the work on the mall ? Q. I am speaking of the flagging that has been used about the city generally. That Ifagging has generally been i)laced around Govern- ment property, has it not? — A. Yes, sir; in most instances. Q. IIow much was bought from John O. E\ans ? — A. That I cannot say. Q. Will your records show ? — A. Yes, sir; the auditors accounts will show it. Q. Will it show the rate at which it was purchased? — A. Yes, sir; show everything connected with it. Q. Do you recollect the rate at which it was iiurchased from John O. Evans? — A. I do not know; 1 think in the neigliborhood of 30 cents for street-flagging. Q. Did John O. Evans furnish the flagging that he laid down on B street north? — A. Yes, sir; I think he diil. i}. He furnished that himself? — A. 1 think so. Q. Did you ever examine that flagging ? — A. Yes, sir ; I had seen that flagging. Q. Is that anything but quarry-faced flagging, with occasionally a knot knocked off" of it? — A. It is good stout flagging. There is no dressing or finish about it, or anyHiing of that kiiul. Q. What is the price of such flagging as that ? What can it b(^ pur- chased at ? — A. I should think at about 30 or 40 cents. Q. l^id you see the ]»rice-list we had here the other day ! — A. I saw a \)rice-list iMr. Vem«'yer had ; some one hande). Does your a(;count show the amounts jiaid to Dufour »S: Co, for iron railing? — A. The auditor's account shows. Q. IJnt I am speaking of your answer. — A. No, sir; that does not show, except in his account. It shows in the gross. Q. I was getting at your statement in regard to the cost of the im- provements, in answer to the question of the committee. — A. It is in the gross. It is in the auditors report. (). But it is not in vour answer? — A. I gave his report as mv answer. That is all. By Mr. Stanton : (}. It is incorporated as part of yonr answer ? — A. Certainly. By Mr. Wilson : Q. To get that we have to go to the auditor's report ? — A. Yes, sir; the vouchers are all here. Q. ^Vas there any contract with this firm for iron railing ? — A. They .submitted projjo.sals, and they were accepted, npon the recommendation of Mr. Class. Q. Were there any proposals for bids foi' iron railing ? — A. Yes, sir, there have been a great many proitosals for bids. Q. Where y Mr. JMattingly in regard to the city-hall ap- ])ropriation of $75,000. Now, I would be glad to have ycni state to the committee all tlie facts in relation to the ])r()('urement and the use of that $75,000. — A. 1 know nothing about the i)rocurement. Q. It was procured under Goxernor ('oolve\s administration, I be- lieve ? — A. Yes, sir; it was procured, and the money was in bank to the credit of the District ; credited to the treasurer of the board of l»ul)lic woiks. I thiidc the matter was biought betbre the board, as tiie money would not be used during the last season, ami would lay in bank ail the winter. The questi(»n with us was whether it would not be better to invest a i)art of it — $70,000 of it — in the securities of the District, and Ma them away for that purpose, and use the money for the purposes of the board. That was finally done by unanimous vote, and the bonds wliich were bought were sealed np and placed as a special de- 1900 AFFAIRS IN THE. DISTRICT OF COLUMBIA. posit in the bank. I think the envelope was indorsed and sealed by the treasurer of the board. Q. That money, then, has really been converted into sewer-bonds by the board ? — A. A part of it, $70,000, was invested in sewer-bonds. Q. What has been done with the other $5,000? — A. Lying in bank. Q. Do you know whether Mi\ Magruder at one time had overdrawn his account to the amount of $23,000, and about the time the bank-ex- aminer was going, into that bank that fund was checked upon for the purpose of making good his account ? — A. I do not think he checked on it at all, until the niatter was consummated by a vote of the board. Q. AVas it not in fact used in that way for the purpose of making good Mr. ]\ragiuder's account ? — A. No, sir. I know it was done by a full vote of the bonrd, and the money put to his general account. i). But the point 1 want to get at is, whether the board or Colonel Magruder had not used that money or a very considerable portion of it before that vote of the board ? — A. I have no doubt he had overdrawn; that is a chronic condition. Q. But had he not used that money or a considerable portion of it, making ? — A. He had not used any of that money whatever. That was a special deposit, and was not touched in any way except by vote of the board. Q. When the board did make that order, did he not use the money for the purpose of making good his account? — A. He transferred it to his account. I have no doubt it was overdrawn and applied in that way, for the banks held on to everything they got then. Q. Was not the action of the l)oard promptelaiia- tion of it, I will. ;Mr. Wilson. I'robably some of these parties who are looking over these books will find it. I have it not just at haud now. By the Chairman: (}. P-street circle is so charged? — A. I*-street circle I know was cut out of six-inch curb. I gave the order for it to be done. 1902 AFFAIRS IN THE 'district OF COLUMBIA. By Mr. Stanton: Q. Which curb do you refer to? — A. I mean the curb around the circle itself. By Mr. Wilson : Q. I think you must be mistaken. — A. Xo; I stood by and saw it done. Q. You do not mean it was a circular curb? — A. I mean it was a six- inch straight curb cut down to five inches to tit that circle. There was very little taken off of each curb. It w^as cut — I know it was cut. I jjave the order and stood by and saw the greater i)art of the work done. There was great delay in cutting that curb and setting it, and 1 wanted the street done at once. It was G-inch straight curb, cut down to 5-inch, so as to give the curve — to fit the radius. Q. Do you mean to say each piece is curved ? — A. I mean to say that each piece of that curb is cut and fitted to that circle out of six-inch curb. Q. In other words, you take a piece of curb that is six inches thick and you trimmed it so that it made it circular in form? — A. It gave it the proper curve for that circle. Q. It required to be dressed down to five inches in order to give it that curvature ? — A. It is about five-inch curb now. Q. I think you must be mistaken about that. — A. iSTo; I had consid- erable difliculty, I remember, in regard to that circle, and it has im- pressed itself for that reason very strongly on my mind. Q. I think the curb you are referring to must be the circular curb around the outside. — A. No, sir: the curb around that circle. Mr. Wilson. There will be a great difference of opinion between three orfour members of the committee and yourself, if all were called upon to swear. The Witness. I cannot help that. Mr. Wilson. Because we happened to be out there one day and looked at that thing particularly. The Witness. I can produce the man who cut it — the man who cut that curb there. By Mr. Wilson : Q. I would be glad if you would have somebody look at it. — A. I have looked at it myself. I gave the order for it to be done. I had it hauled there. Q. But human memory is such a frail thing. — A. I know what I say, because I had trouble on that spot. Q. You asked me for some instances. The chairman hands me some cases on page 428. I will call attention to 21 linear feet of circular curbing, at $2.50. That is one item. Mr. Merrick. There are about a dozen of them. Q. And then 1,535 linear feet of circular curbing, at $2.50. The Witness. Where is that I Mr. Wilson. That is at P-street circle. Q. And then I see the next item, 18 linear feet, at $2.50. Then I see 172 linear feet of circular curbing, at $2,50. Mr. Merrick. You will find four or five pages consecutively. Mr. Wilson. Every one of them that I put my eye upon there is charged at $2.50 to the Government. Mr. Merrick. Yes ; there are four or five on each page. Mr. Stewart. Was there any straight curb ? TESTIMONY OF ALEXANDER R. SHEPHERD. 1903 Mr. Wilson. No ; that is cbarged at $1.50, while the board price is $1.20 and 81.41*. Mr. Stewart. You can very easily tell liow iiincli is chaTf>ed as straight and how much is charged as circular around P-street circle*? Mr. Wilson. It is 1,535 feet. Mr. Stewart. That includes the whole of it. Mr. Wilson. That is, circular. Then the straight curbing at P-street circle is charged at 81.50, and 1 think you will tiud uniformity through the vouchers that the charge against the Government for straight curb is at 81.50 and the other 8-.50. The Witness. The fact of the business is, the 6iuch curb cost the board a little over 81.50. If you add the 5 per cent, for contingencies to 81.42, that would make the 81.51 or 81.52 as the actual cost. Now, in regard to these short curbs of which you speak, I have no doubt they cost the board fully $2.50. There were a great many irregular curbs, which had to be cut to lit special places, and 1 think the vouchers will demonstrate that they cost the board 82.50. Q. JJid you use any granite curb ? — A. Yes, sir. Q. The board-price is the same for bluestone curbing ? — A. It cost about the same. Q. The board-prices were exactly the same, were they not '? — A. I think they were. Mr. Christy. On the subject of granite curbing, I find a charge on Fourteenth street west, from H street to N north, $3. It is for granite curbing and setting. It is one of the tabular statements of the report of 1872. The Witness, (after examining the report.) That is granite circular curb and setting. That is at the corner opposite the circle. That is what it cost. It was cut by ]Mr. Emery. I gave the order for that my- self. It is an irregular curve. By Mr. W^ilson : Q. I should like to have a statement of the whole amount of flagging' purchased, the ])ersons from whom purchased, and the pi'ices paid. — A. Y'^ou shall have it. Here is a voucher, for instance : 1672, June 17. TiiK I!oAi;u OF Pui'.Lic Works, To M. G. E.mi;i!Y &, Bi:o., Dr. For 9') feet of circular grauite curb, C bj- 20 inches, ordered of R. Phillips, chief eugiueer, at $2 1 .$190 00 Ihiul to Oay and Green streets, Georgetown 18 00 208 00 The vouchers run through in that way. (}. Did you state yesterda>', or at any time during your examination, what amount of wood iiavements had Ijccn hii street; O street was a gravel street, was it not .' — A. Well, it is like most streets, a mixture of gravel and dirt. Q. It had been a gravel street, had it not? — A. It may have been; I do not recollect specially. Q. Do you know whether Major Vanderburgh took the gravel from that street and hauled it oft, and used it in the construction of other streets in connection with a pavement? — A. Indeed, I do not know. When was that done ? Q. I think it was done some tinve this last summer, but I am not posted about the dates. — A. I did not know it had been done at all. Q. There has been no pavement laid on O street, as I understand ? — A. I think O street is in course of improvement. I notice it is cut up. Q. You never notic(^d where gravel was taken to from that street? — A. I did not. Q. Do you know who has the contract for the improving of O street ? — A. I do not. Q. If there was any contract let for that, when was it done — was it done since you ceased to be vice-i)resident of the board? — A. Indeed, I cannot recollect. It may have been done before I lett. 1 could not pos- sibly tell you without examining my record. Q. Some one of the witnesses a few days ago spoke about Massachu- setts avenue, stating that Senators Ba^\"ard and Edmunds did not pay any assessments, but that their assessments were remitted to them on ac(;ount of damages to their proi)erty. Do you know anything about that ? — A. There was some settleuient made with them ; Colonel Ma- gruder is familiar with it. I do not know exactly what the details were. They submitted some claim for damages. I forget what it was. He settled the matter with them. [ concurred in it at the time, but I do not remember what the details of it were. Q. There was pretty ex[)ensive work done in front of their i»roperty ? — A. Yes, sir ; it was very costly work. Q. There was costly work done just along in that vicinity in front of otlier persons' property ? — A. That was the oidy property that was improved ; that is, with an improvement. There are four or tive very fine houses there. There are two houses that will have to be fixed up by the board; either droi)i>ed down or underpinned, or something done with them. It was a cut that was made after mature deliberation, and against the protest of Mr. Edmunds and Mr. Bayard. They wanted the street parked in the center and tlu^ lnuiip kept there. Tiie board, after examining the tiling thorougiily, came to tin; conclusion to cut it down, and thereby incurred the displeasure of these two geullemen ; still, we dill what we thought was right. Q. Did you make any other settlenu-ut with any other i>ropeity-hold- ers along there ? — A. I do not know. I do not kuow whether any others have ai)i)lied. There was something done forjudge W.xlie, who owned some ])ro]>erty there. There was some concession made with him. I am not familiar what it was at this moment. Q. Do you know whether the board moved a house for Judge Wylie? — A. I tliink thev did. I think that oas it. 1908 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. How was the cost of moving that house settled with him ? — A. I sii])pose the board paid it. Q. Did they make any assessment against his property, or was he released from assessment? — A. Well, they may have paid it with the assessment : I do not know. Q. His property was right there in the same locality ? — A. Yes, sir : it was on the same square. The Chairman here requested the witness to have prepared and present to the committee a statement of the floating debt of the District. The committee then adjourned to ten o'clock a. m., on Monday morning. Washington, D. C, May 9, 1874. Testimony taken before the chairman on the part of the Senate and House of Kepresentatives. Matthew McNamara sworn and examined. By the Chairman : Question. Did you work for William H. Adams, a contractor ! — Answer. Yes, sir. Q. How long ? — A. I worked from the 8th of September, 1872, to the 26th of January last, I think. Q. Does Adams owe you any money ? — A. Yes, sir. Q. How much! — A. One hundred and sixty-five dollars and seventeen cents. That is what he allowed me on his pay-roll, but he owed me more than that ; but as I expected to get that amount I did not say anything about it. I thought I would rather lose the dilference than go'without the money. Q. Now, tell us what you know about Adams taking Government prop- oicy for his own use. — A. I have seen him take bricks oft' of B street, along the Smithsonian grounds — off the sidewalks — and use them in other places. Q. Where did he use them "? — A. The drivers took them away. They nere bringing them to F street at that time. By Mr. Wilson : Q. Whereabouts on F street ? — A. I caimot say. I never worked on F street. I know that he was working on F stieet at the time — F street southwest. Q. Whit were they using the brick down there for, as you under- stood it '? — A. They were using it on sidewalks. Q. Between what streets, on B street, did they take up those bricks? — A. It was between Seventh and Ninth streets. Q. B street north or south ? — A. B street south. Q. How^ many of those bricks did they take up and cart away ? — A. Well, in my time they had taken about, as near as I could judge, ten or twelve thousand. I was called away from that job to another one. Q. What were put down in place of those bricks? — A. Nothing at that time. They were grading the sidewalk, and lowering it to the new grade of pavement. We had taken the bricks up and piled them on one side along the fence. . Q. Then they were hauled away? — A. Yes, sir; they were taken waay. TESTIMONY OF DANIEL CLANCY. 1909 By the Chairman : Q. Were they j;oo(l brick ? — A. Very good brick. Q. Do you kuow how long they were down there ? — A. I couUl not say. They have been down there not very h)nj>-. There was very little travel on that street, and they were very little worn. (}. Whose teams hauled them away ? — A. Tliey were working- for Mr. Adams. By Mr. Hodnett : Q. What did Mr. Adams tell yon, when you were laying the bricks, about anyone coming around and asking you where the bricks were going ? Did he tell you not to tell anybody where they, the bricks, were sent to ? — A. One day we had worked unfcil some six or ten minutes before six, just a short time before quitting time, and we had loaded two or three carts, when a gentleman came around and iii((uire(l of me where those bricks were going. I answered him that F did not know. The next day Wil- liam H. Adams came around, and I told him that a gentleman was there the night before and inquired of me where those bricks were going. He asked me what 1 said, and I told liim that I had said that I did not know. He said, "That is right; you must be careful when you are loading those bricks." Q. What did Mr. Adams do when the superintendent was there look- ing over the bricks? Did he ever take him into a store to drink while the bricks were being loaded? — A. He had watchmen there on the brick, and when the carts would come down to take the brick aAvay these parties used to be taken into a saloon, and while they were getting their drink the carts were being loaded. Of course we were working- men, and had to conii)ly with their wishes or else be discharged. Q. Who was the superintendent there f — A. Mr. Whittemore. Q. Was he Adams's superintendent or the board's superintendent ? — A. The board's superintendent; but E believe he pretended to be doing a little for both sides. Q. He was officially appointed by the board ! — A. Yes, sir ; he was inspector of works. By Mr, Wilson: Q. What was Whittemore's business, before he went on there as su- peiintendent ? — A. I did not know him; he had some carts working on tin* streets for Adams. He seemed to ha;Ve charge ot Adams's men, besides superintending the men. Q. Do you know of any other Government property or i)rivate prop- erty that was taken or hauled away in this manner? — A. Xo, sir; I do not. Daniel Clancy sworn and examine(L By the Chairman : Question. Did you work for William H. Adams? — Answer. I worked on the siiine street that he was working on — B street, southwest — last July. ] saw him have his horses and carts hauling bricks away aiul taking them, down to F street, southwest, and [cittiug them on the j»ave- ment on one side of the street. Q. Hauling tliem fronj B street an(^ laying them down on F street!' — A. Yes, sir. Q. Between what streets, do you remember ? — A. i'retty near the whole street. I do not remeuiber the streets. 1 set the curb near the Smithsonian crrouuds. 1910 AFFAIRS IN THE DISTEICT OF COLUMBIA. By Mr. Wilson : Q. Do you know tbat it was the same brick that went away from B street between Seventh and Xiuth tluit was hiid in F street? — A. Yes, sir ; the same brick. They took it from B street between Seventh and Fourteenth. Q. Did they take the whole of it ? — A. The fjreatest part. He took some up to the upper part of the city. I do not know where. Q. What kind of brick were these? — A. Good pavement-bricks. Q. What do you think they were worth a thousand ? — A. Twelve or thirteen dollars. He hauled some to the Thirteenth-street sewer — Thir- teenth street, northwest. The brick were put on the sewer there, and they must have been good brick if they were fit for the arch of the sewer. Q. These brick were taken from the pavement ? — A. Yes, sir ; right opposite the Agricultural grounds. Q. Put in the sewer ? — ^A. Yes, sir. By Mr. Hodnett : Q. On what street is that sewer situated! — A. Thirteenth street, north- west. Mr. Almond is a paver on D street, and he knows all about it- 1 have sent for him. Q. He knows the character of the brick ? — A. Yes, sir. Q. Does he know that Adams hauled it away ? — A. Yes, sir; he laid some of them down on F street after they were hauled down there. Q. He knows that they came from B street and that they were laid on F street ? — A. Yes, sir \ he laid them. Q. Did you do the curbing on B street ? — A. Yes, sir. Q. Did you work as a subcontractor i — A. No, sir^ I wo^rked by the day for Adams, subcontractor. Q. Does Adams owe you any money ? — A. Yes, sir. Q. How much ? — A. Seventy-two and some odd dollars, Q. Do you know of any other property l)eing taken or used in this, way — either Government property or private property'^ — A. No, sir. Q. Who superintended the board of public works on that street! — A. Mr. Whittemore. Q. What was his business before he went there? — A. I do not know what his business was, but he was employed by the board. Q. Did he have any carts ? — A. He had some carts there working for Adams. His son %vas time-keeper for Adams. Q. Did you lay any of the bricks ? — A. Yes, sir ; I laid some iu the F-street sewer. Q. Those were Government brick ! — A. Yes. sir. By Mr.- Hodnett : • Q. Did Adams ever approach you when you were loading those brick and tell you to be cautious and not tell anybody about it ? — A. No, sir: 1 did not see Adams around when I was loading them. By the Chairman : Q. How long did this go on ? — A. He was hauling them from the 10th of July until October, different parts of the time. Q. How many carts would be hauling ? — A. Sometimes eight or nine. There were watchmen there, as I understood ; Government watchmen. (}. You saw the bricks taken up on B street, from Seventh to Four- teenth ? — A. Yes, sir. Q. Can you give an idea of how many bricks were taken up! — A. I cannot ; Mi". Almond can give you an idea. TESTIMONY OF ROBERT BUNN. 1911 By "Sir. IlODNETT: Q, Who took the Govern inont watchmen that were watchiiij;- this property away and treated them to a drink while the brick were loading! — A. Ciiarles Adams, brother of William II. Adams, as I understood. While these bricks would be loading he would take them into a tavern; whether they draidc anything or not I do not know. RoBEKT BuNN sworu and examined. By the CiiAimiAN: Question. Did you Avork for William II. Adams? — Answer. Yes, sir. Q. Wlun-e? — A. I Avorked for him a good deal these last two years. Q. On city contracts f — A. Yes, sir; I worked on the F-street sewer out to the branch ; Twenty-tifth street ; B street, and pretty much wherever lie has been working. Q. Do you know anything about taking up bricks away from B street? — A. Yes, sir; I saw some taken away from B street. Q. Where were they sent to ? — A. 1 believe they went down to F street, and others went down to Thirteenth street and Twentieth street. Q. I>o you know of any bricks taken from B street and i)ut into a Rewer ? — A. Yes, sir; I believe there were some that went into a sewer. Q. Was this good brick ? — A. Yes, sir ; it was first-class brick. In- spectors would rather iiave them than the new ones. Q. It was tirst-class [)aveinent-brick ? — A. Yes, sir. Q. Taken from B street south ? — A. Yes, sir. By Mr. Wilson : Q. Between what streets? — A. They were taken all the way u[) from- Sixth street to Thirteenth street. They used to take them, put them into a cart, and take them away. By Mr. HoDNETT: Q. What position did you hold under Mr. Adams ! — A. I was a brick- layer. Q. Did not you act as superintendeut sometimes? — A. Yes, sir; a little. By the Chairman : Q. ^Vhere did you lay brick for him " Did you lay brick on the F- street sewer? — A. l^o, sir; that was paving down there. By Mr. Wilson: Q. What bricklaying did you do for Mr. Adams ? — A. Sewers aud man-holes. That was all he had to do in the city. Q. What sewer did you work on tor him? — A. On the Thirteenth- street sewer. Q. Did these brick come dow n fr(un B street to the Thirteenth-street sewer ? — A. Yes, sir. Q. Di mortgage. I told him that I would do it, which I did. He paid the difference. I think it was 87,500^ in certiticates of the board of public works. The whole transaction was conducted through Mr. Wilson, and I know nothing about the thing exa'pt that he asked whether. I would take certificates for it. He subsequently told me that he had sold it to Mr. Adams on that basis. Q. D." you still hold those certiticates, or have they been paid? — A. 1 hold some of them ; they have not been paid. Q. What amount of them has been paid? — A. I do not think any of them have been i)aid. If my recolhn^tion serves me right, Colonel Ma- gruder gave me an acceptance for a i)()rtion of them. Q. What portion — do you remember ? — A. Some $5,000, I think. Q. How long ago was that? — A. That has been a couj)le of months ago. (To Colonel Magruder.) How long was it, Colouer? Colonel IMactKUDER. I think about six weeks or two mouths ago. Mr. Wilson, (to Governor She[)lierd.) Out of what bank was that money drawn? — A. It was not drawn out of any bank at all. Q. Simply an acceptance? — A. Simply an acceptance; yes, sir. Q. Has not that juoney been drawn out of the treasury of the board of public works in souie way or another I — A. No, sir; it has not been paid at all. It is an outstanding acce|)tance. The board of i)ublic works have had no money to pay with. That is the fact in relation to it. Q. Did you sell any real estate to John Collins; an streets, l^ight 1918 AFFAIRS IN THE DISTRICT OF COLUMBIA. thousand dollars, I think, ^vas the price. 1 accepted his ofier, and subsequeiitly he bought two or three other houses. Q. What was the aggre^cate ot his purchases '? — A. The City Hall record shows, sir. I shouhl judge about $.'>(), 000. Q. Can you remeuiber now whether any of it was paid in certificates, or whether it was all paid in money ? — A. I cannot recollect that; my impression is that one payment was iu a certificate. Q. Do you recollect, the amount of it?-^A. I do not, sir. Q. What amount of certili(!ates of the board of public works do you hold now ?— A. I suppose I hold some $10,000, 615,000, or $20,000^ I cannot recollect exactly how much. Q. How long have you held them? — A. 1 suppose all the way from six months to two months. I would state this in that con miction, that when a proi)Osal was made to me to pay me board of public works cer- tificates, I generally accepted it, for the reason that I had no doubt as to tlie kind of security, and thought that I was doing a pro[)er thing, so far IS upholding the credit of the District was con(;erned. Q. Did you sell this property— where yon took certificates — at what would be considered orditmry cash prices, with rhe nsual payments ? — A. I did in every instance. Q. Taking certificates dollar for dollar, or did you take the certificates at a discount, or increase the price of pro|)erty in conseqnence of taking the certificates in payment ? — A. I took them dollar for dollar, at the market rate for the ))roperty. Q. Has Mr. Adams a street-sweeping contract or street-cleaning con- tract under the board ? — A. No, sir. He had a contract for moving garbage, which he took at public advertisement. He did not get along with his contract, and expressed himself unable to carry it out, and f annulled it last week. Q. Who was that contract originally issued to i — A. To him, by [)ub- lic advertisement. Q. Did Emmert & Smith have a contract for street cleaning f — A. They had a contract for sweepii.g tiie streets. Mr. Adams had a con- tract under the board of public works for street-sweeping. That was made by Mr. Willard. But the contract of which I speak was for the removal of garbage, which I, as governor, let at public advertisement. Q. The contract which you say was let by Mr. Willard — was not that originally let to Emmert & Smith ? — A. 1 think they originally had the contract, and failed to go on with it. Q. Then it was let to Mr. Adams, was it f Does Adams still have that con tra(;t? — A. No sir. Q. Who has it now ? — A. It was let to a man named Wright, of Chicago, along iu the tall some time — probably about the first of the year; let by public advertisement. Q. When this contract was changed from Emmert & Smith to Mr. Adams, was there any arrangement by which Adams was to take certifi- cates of the board of public works for his pay ? — A. I think not. Q. Was that contract in writing? — A. That the records of the board will show. It was let after I ceased to be vice-president of the board, and I am not familiar with it. Q. Do you know, or have you ever heard from any members of the board of public works or any one else, that Mr. Ass than par. Q. How was Mr. Aihuns to do this street-cleaning— how was he to be paid? — A. Well, he was to be paid out of the resources of the board. Q. At what rates? — A. If my recollection is right, as I have heard it, he was to be paid the net cost of the work and 15 per cent, additional, he furnishing all the tools, «&c. Q. How was that net cost arrived at? — A. Upon the pay-roll. Q. Whose pay-roll ?— A. Upon his i>ay-rolls; the whole thing b"ing under charge of the party put in chargi; by the board of i)ublic works. Q. Wlio kei)t his i)ayrolls? — A. Tiiat I do not know. Q. Was that party acting under the su])ervision of the board of pub- lic works, or of Mr. Adams? — A. Under the su[)ervision of the board of public works. Q. Who ap])ointed that party to keei) the pay-rolls ? — A. There was one of the superintendents of tlie lioard detailed for that purpose, who certified to Mr. Adams s bills and had charge of it entirely. Q. So that the mode of paying was this: He furnished the necessary appliances for carrying on this work ? — A. Yes, sir. Q. A superintendent appointed by the board certified to bis bills? — A. Yes, sir. Q. Was there any agreement between the board of public works and bim as to what should be charged for the use of wagons or carts, or the per diem that was to be paid to employes? — A. Y^es, sir; the prices were est-ablished. Q. By whom ? — A. By the board. Q- Were they regular board prices? — A. !N"o; it was the net cost of the work to him. For instance, laborers and carts charged so much a day ; Just what tliey cost him. The time-roll was made ui), and 15 per cent. adde!l l(i,(M)() charged for old fiagging; what is that ?— A. That is the a\enue entirely. This was from the dilfereiit streets. That was the tlaggiug which was put down on tlie avenue. Q. It is i>ut down here, "Flag-crossing, >tion of stone. 1920 AFFAIRS IN THE DISTRICT OF COLUMBIA. The stone I think we used there were mostly what we called bridge- stone to put across the gutters. If you recollect the old streets, there were bridge stones across the gutters. Q. Yes; 1 understand that. Is this Hag-crossing thac is put down here exclusively tiag-crossing that was at the avenue? — A. I presume so. It is put down in three strips generally at a wide avenue. Q. AVliat amount of money did the New York Avenue liailroad Coni- liany pay for the improvement of that avenue? — A. It is shown by refer- ence to the assessments of New York avenue. I do not know what the exact amount was. Mr. Stanton. That is the Columbia Railroad Company ! Mr. Wilson. I do not know what the exact name of it is. It is the one that has its railroad on New York avenue. The Witness. If you will turn to the report for 1872 you will find on the table, New York avenue. Ninth street west, Fifteenth street west, and the amount charged to railroads is $2,214.40. Q. All that that railroad company has paid, then, for the completion of New York avenue is that sum, $2,214.40 ? — A. That is the assess- ment between those points. Q. Is that all that it has paid? — A. That I do not know. I only know what the record shows. Q. How much space does that railroad company occupy in that ave- nue ? — A. Well, New York avenue is parked all the way in the center from Fifteenth street to Ninth street. The railroad company's pro[)pr- tion would be very small because their tracks were not disturbed — nothing but sodding was done, you know, alongside of their tracks all the way out between those points. You recollect that, do you not? Mr. Wilson. O, yes ; I recollect it. The Witness. The concrete pavement does not come up to it at all : it comes up to the curb, but their charter only compels them to pay for two feet outside of their railroad track. Q. I understand that ; but so far as you know that is all that they have been required to pay? — A. Yes, sir ; that is all that I know of. Q. I forget whether yon have been interrogated heretofore in regard to the railioad-tracks around the Post-Office and Patent-Office Depart- ments on F street and Seventh street. Have those railroad companies been assessed anything for that improvement? — A. That whole matter now, I think, is in process of adjustment. You have all the i)apers here y Mr. Willard sent them up, I thiidi. Q. I have not seen them yet. — A. They have been submitted and have been here for some time. Q. Is it or not the fact that the whole of that improvement, including the pavement laid down between the rails of these railroad companies, has been charged to the United States, between the Patent-Office and Post-Office ? — A. I do not think anything has been doue in regard to it at all. Q. Has not the claim already been presented to Congress through your report asking for an appropriation covering the whole cost, in- cluding the paving done between the rails and two feet outside of the rails of those railroad companies ? — A. I am unable to answer that. I do not know upon what it was based. I only know there was a claim put in. I do not know what it covers. I do not think, however, it would be just to the railroad companies to pay that expense. Q. Do you think the United States ought to pave their tracks? — A I think the United States ought to pave it there, because it was paved with Belgian rock. You ought to do one of two things with the rail- TESTIMONY OF ALEXANDER R. SHEPHERD. l'J21 roads — either fix some proportionate cost of paving tlieir tracks, so that they can do it and live, or else take their charter away, which it would amount to. Q. Well, theUnited States did not order any expensive pavement like that put in there, did it?— A. The board of public works, actin.u" as the agent of the United States, did not want to put anything- else, but a first class pavement in front of the public buildings, and it would be a disgrace to the country to put a cobble-stone pavement around those buildings. Q. You think, then, that the board of ])ublic works, acting as the agent of the Government, ought to put in just such a pavement there as you think would be proper, and nuike the United States pay for it ? — A. That is a matter for the United States to determine. My impression is that the United States ought to pay for it, and I think that you and every other member of the committee, after looking the ground over, v,'ill say that they ought to do it. Q. Well, I am not deciding any nmtter; lam only trying to get at the facts. — A. Yes, sir; and I am only giving my opinion as a member of the board in regard to the matter. By j\Ir. Bass : Q. How are these railroad companies assessed in the District ; are they assessed for general purposes ? — A. They pay their general tax, and most of their charters compel them — by the by, the charter which was first passed was for rhe Washington and Georgetown Ifailroad during the war, when Pennsylvania avenue was paved with cobble-stone. It provided that they should pave between the rails, in their rails and two feet on each side, taking about 18 feet of pavement, that the railroad comi)any should bear. That would do well enough for a cobble-stone pave- ment, but where you put down a patent pavement, or a Belgian pavement, and where they have toi)ay for 18 feet, it is more than one-half of the whole street, and more than the companies can aftbrd to pay for that class of pavenuMit. Therefore, 1 say that the law ougiit to1l)e so fixed that the railroad companies would get a just share of the expense — what they were able to stand. As it is now, look at Pennsylvania avenue, or other streets nicely paved on the sides, but in between the rails it is a dirt- hole. When it is muddy it is impossible to cross without wetting your feet. By Mr. Wilson : Q. Y'ou have proceeded, then, upon the idea that this work should be done not as the law is, but as you think the law ought to be ? — A. No, sir. We attempted to compel them. We atteun)ted to pave their tracks on Seventh street with wood, and they enjoined us — took us to court. The matter has been referred to heretofore. It was decided against us by a roveuientsaud repairs iu the District of Columbia, and providinveit June 2'-i, 1873. That is the 8200,000 item. The act of the legislative assembly •)!' -1 une 25, 1873, reads as follows : 1926 AFFAIRS IN THE DISTEICT OP COLUMBIA. Chap. XIII. An act making appropriation for re-imbursing- the board of public works of tlie District of Columbia for the money expended by theui for the erection and repairs of pnnips, cleaning and repairs of streets, and raising and underpinning of houses and market-houses. Be it enacted, tfc, That the following sums be, and the same are hereby, appropriated to re-imburse the board of public works of the District of Columbia, viz : For the erection and repairs of pumps, fifty-one thousand dollars. For cleaning and repairs of streets, two hundred and sixty-two thousarfd eight hundred and tirty-tive dollars. For raising and underpinning houses, one hundi~ed and fifty thousand dollars. For raising and underpinning Georgetown market-house, twenty-four thousand nine hundred and eighty-four dollars and eighty-three cents. For amount expended on Western market-housBj three thousand five hundred and fifty-seven dollars and seventy-one cents. For amount expended on Northern market-house, twelve thousand and twenty-six dollars and forty-eight cents : Provided, That the money hereby appropriated shall be paid out by the treasurer of the District of Columbia, upon warrants drawn by the governor and comptroller of the said District. Sec. 2. And be itfnrther enacted, That to enable the governor to pay the above appro- ])riations, he is hereby authorized to issue bonds of the District of Columbia, bearing interest at the rate of seven per cent, per annum, not to exceed the sum of five hundred and tliirty thousand dollars, which shall be sold by the governor, the proceeds thereof used for the purposes above specified, and for no other purposes whatsoever. Approved June 25, 187:3^ That is the history of that transaction. Q. On these acts these two items, one of 8400,000 and the other of $loO,000, were incurred ? — A Yes, sir, Q, Were these bonds issued? — A. They were. Q. What was done with them? — A. They were paid out to con- tractors. Q. Tlie bonds tliemselves paid out! — A. Yes, sir; I think. W^erethey not, Colonel Magmder ? Colonel Mageuder. Yes, sir. Q. There was no money received on account of them ? — A. Not a dolhir. Q. Do you know who received those bonds '? — A. Colonel Magruder. Q. Do you know to whom he issued them ? — A. I do not. Q. Do you know whether Mr. Mullett received pay as consulting- en- gineer ? — A. I think he did. Q. At what rate? — A. He was paid in gross, for the time that he served, about 85,000. Was it not, Colonel Magruder ? Colonel Magruder. Yes, s-ir. Q. Did Ik; also receive pay as chief engineer? — A. He did not; that is the only i>ay that he ever received either from the Government of the United States or the District of Columbia; and he earned every dollar of it. Q. I believe 1 asked you who let the contracts for that paving on Fif- teenth street, between 13oundary and S. Y^'ou say you do not know any- thing about it? — A. That is Ehode Island avenue and Boundary street. 1 suppose now, looking at the date, that I let it. I was vice-president of the board at the time, (August 5,) and it must have been done through my ofhce. Q. Do you know to whom it was let ? — A. It was let to Mr. Gregg. Q. Do you know who did the w^ork on that street? — A. 1 do not. Q. What is the number of that contract ?— A. No. 806. Q. Sixteenth street has been graded Out to Boundary, I believe ? — A. Sixteenth street was graded and paved in 1872 to Boundary. Q, Does the board of public works contemplate cutting through the hill at Boundary ? — A. That was the original contemplation. Q. Has the work been suspended ? — A. Y'es, sir. TESTIMONY OF ALEXANDER R. SHEPHERD. 1927 Q. How long since? — A. It was suspended in '72. Q. There lias been nothing done since ? — A. Nothing done since. They had to condemn the hind there, and that took some tiuie, and it was only in 187o tliat the land was condemned and the right of way obtained. Q. lias there been any imiu'ovement made connecting Fifteenth street between where it is paved at the point where I have already in- dicated and any other paved street, excepting one ? — A. Indeed, 1 do not know. I did not know that Fifteenth street was paved at the far end. I would not have allowed it to have been done if I had known anything of it. Q. But you let the contract ? — A. Yes, sir. But I did not carry it out. 1 left the board in the following month and did not supervise the work. If 1 had had the control or management of it I should have made them commence at llliode Island avenue and work up, instead of commencing at the far end and working down. It was let from lihode Island avenue to Boundary street. Q. There is a space between that i)oint and P street, on Fifteenth, where there is no wood pavement, and no contract has ever been let, as I unout that improvement when it was going along. I think it was on the opposite side of the avenue — the 1930 AFFAIRS IN THE DISTRICT OF COLUMBIA. south side of the avenue, and he insisted upon it that we should sticli to our original purpose of making the roadway in the center of the street, so that he and his friends could get the same privileges that other people had of having the iiarking in front of their houses. They did not want the roadways put on the sides and the park in the center. Q. Mrs. Donovan and Commodore Almy own property there ? — A. Commodore Almy does. 1 do not know anything about Mrs. Donovan. Q. Those are the only two persons living there, with whom you have had such settlement ? — A. Those are the only two persons whom I have ever known to make any claim. When these two gentleman made the proposition I thought it was a very fair one, as all the other members of the board did. It was a very admirable settlement for us to make. They clnimed some |2,500 or 13,500 apiece damages. By Mr. Christy : Q. What did their special assessments amount to ? — A. About $450 apiece, I think. It was within a fraction of that ; it was not $500 each, I am pretty certain. Q. How did you contrive, then, to omit their bills in the general assessments of the streets ? — A. We did not omit them. Q. Was that charged against the other property-holders *? — A. It was charged against the property, and the bills were rendered them. Q. Against this particular property f — A. Yes, sir. Q. And it was not distributed among the others after this adjust- ment ? — A. No, sir ; not at all. The bills had all been rendered and assessments made out, and they received their bills for their proportion of the cost of the street. Then they proposed that if we would abate those bills — would allow them to go without pay — they would agree to give us a written agreement that they would never call for damages to the property, which we did. Q. Now, iiow are you going to collect for so much of the improvement of the street as is in front of their houses"? — A. We cannot collect it now. Q. How are you going to pay for it? — A. We have paid for it. We paid for it by abating their damages. Q. Yes, but that does not pay the contractors? — A. No, sir. Q. Now, how are you going to arrive at one-third or one-sixth of that cost which was asse'ssed against the property ? — A. By ])aying it out of something else. Q. You have not made provision for that, though "? — A. No, sir. Cross-examination of Governor Shepherd. By Mr. Christy : Question. You stated that many of these claims for damages you regard as unfounded. Upon what principle do you arrive at that conclusion I I see they aggregate perhaps over a million dollars — that is, where claims have been preferred to this commission. — Answer. If you will give me any special cases, I perhaps can answer you. Q. What I desire to arrive at is this : whether you deem it yourself fair that these damages, whatever they may be, should be arbitrarily fixed by a board of commissioners, in w^hich the property-holders have no voice?— A. Well, the property-holders have a voice. They file that claim after public advertisement stating the ground for the claim. The commissioners investigate the whole matter personally, are disinterested and impartial persons, and make their award upon their judgment. Q. Are these persons who claim damages allowed to appear by coun- TESTIMONY OF ALEXANDER R. SHEPHERD. 1931 scl aiHl witli -witnesses ? — A. The commission investigate tlie subject personally on tlie premises. Q. That is, they simply examine the improvement and the resulting damaiics ; they do not call for testimony ? — A. In cases where there is any question involved they can call testimony. Q. Sapi)ose, then, that the party claiming damages is not content with the award ; what is his remedy ? — A. To go to court. It does not debar him at all. Xo action of the legislative assembly can debar any private citizen from righting himself in court. Q. Suppose that he prefers to have this matter adjusted by the com- mission, what would be his remedy if he should be dissatisfied with tho award ? Has he any appeal to any tribunal ? — A. To the board of pub- lic works he may ai)peal. The law provides that the board ol' public works shall act finally on the matter, and then submit it to the legisla- ture. It passes through three hands: First, these commissioners, who are merely acting for the board of public works, going tlirough the de- tails; then the board have to personally examine the premises before they can make their report; and then the matter goes to tho legisla- tive assembly for their final action. Q. This commission, then, is appointed by the board of public works ? — A. Yes, sir. Q. The claims are reduced to writing and filed with this commission ? — A. Yes, sir. Q. They are the judges, subject to the supervision of the board of pub- lic works ? — A. Yes, sir. Q. The action -of the board of public warks is announced to the dis- trict assembly ? — A. Y^s, sir. Q. And no arrangement made and no machinery furnished for the hearing of it in the event of controversy — either calling of witnesses or having counsel appear ? — A. Of course, if any one is dissatisfied with the nuitter, before the board act upon it he^cau appeal to them, and the decision can be reversed. Q. Then their remedy is by action of the legislature — relief in the nature of an appropriation I I am not speaking now of the courts. — A. Yes, sir. Q. Then suppose, as against these parties, bills have been rendered for the cost of the im))rovement; are they permitted to offset this claim for damages against those bills? — A. That has not been done, except in the two instances referred to. Those are the only two instances where such a pro|)osition has been made, to my knowledge. Q. So the effect of it is that, upon the rendition of the bills for the special improvements and their non-i)ayment within the time fixed by law. which I believe to lie 30 days, interest is assessed against .them upon those bills? — A. That is the provision of the law, Q. Without any regard whatever to the damages that they may claim ! — A. Well, that is a matter which could be righted by the actioQ of the legislative assembly very easily. Q. I am simply speaking of what has been done. — A. It is an incom- plete transaction as it stands, and cannot l)e completed until it is acted upon by the assembly or some other competent tribunal. Q. Is not this true in many cases, that these bills, after being rendered and remaining unpaid, interest attaches, and that the bills are sold or (lisjiosed of to j)ersons having claims against the board ? — A. State that again, if you please. Q. Is it not true, in fact, that after the bills have been issued for the 1932 AFFAIRS IN THE DISTRICT OF COLUMBIA. special improvements, and the time within wliicli payment sbonld be made has expired and interest has attaclied, that these certificates are disposed of — passed out of the hands of the board and out of the con- trol of the board ? — A. Not now. Q. It was so at one time ? — A. It was so until the law was passed ex- tending the time for the j^ayment of assessments. A portion of these assessments were anticipated by what is called the greenback certifi- cate, ami the assessment certificate, instead of being held now, is placed with the commissioners of the sinking fund for the security and redemp- tion of these certificates. Q. Yes ; the bill is held by the sinking-fund commissioners, and in- terest accrues thereon ! — A. Yes, sir. Q. Without any provision being made to offset this claim for dam- ages! — A, Yes, sir. Q. And you never extended the principle beyond the cases referred to by Mr. Magruder ? — A. Those are the only two instances in which application was made. Q. Did you obtain from the Government of the United States pay- ment for any improvements that had been made by the old corporation, which improvements had been paid for entirely by the owners of adja- cent property — for instance, the sewer on Fourteenth street, or the paving of Pennsylvania avenue, which, I am informed, was taxed against the adjacent property-holders? — A. The paving of Pennsylvania ave- nue was not taxed against the property-holders — that is, the i)art di- rectly in front of their premises was, but the intersections were not. The intersections were paved by the cori)oration. Q. In your application to Congress, upon which you obtained your apj)ropriation, was that one of the claims which you presented — for the work done on Pennsylvania avenue? — A. The amount paid by the property -holders ? Q. Yes, sir. — A. K"o, sir. * Q. That was not included ? — ^A. ]S"o, sir ; I think not, Q. I want to arrive at the principle. Take the sewer on Fourteenth street. That was paid for wholly by the adjacent property-holders ! — A. A jiortion of it was. A portion was paid out of the board funds. Q. Were you reimbursed for that improvement? — A. At what point? Q. I am simply arriving at the principle. Was any portion of that paid for by the General Government — that is, any work done by the old corporation ?— A. None that I am aware of on Fourteenth street. Q. In cases where you did receive a re-imbursemeut for work done by the old corporation, what disposition did you make of that money ? — A. Ee-imbursements made to the old corporation ? Q. .Yrovement. Now, on page 735 of your testimony before the last committee of investigation 1 find that you used this language : \Vhen thu legislature was called tojjcther we submitted a general plan of iinprove- iiient for tiie District, making it as explicit as we eonld in the brief time alli)wed for its preparation. That plan involved an cxpeiulitnrc of some !t,(H»0. and tlie appropriation of $913,000, cU'arly recognize the carrying out of the improvement in- augurated by the board, and the approi)riation of $1,000,000 to re-im- burse us on account of expenditures made on the avenues, is surely an api)roi)riation for continuing the improvements, as it makes the appro- ])riation available immediately after the passage of the act. Q. Tliese, then, are all the reasons you desire to assign in justilication of youi de])artnre from the plan to the extent and in the direction I have inciicatedf — A. We-do not put it on the ground of justilication. We put it on this ground, that the matter was left with us, as executive offi- cers, to carry out these different laws and approi)riations as far as iu our iudgment was practicable and consistent with the public interests, aud that we claim to have done. The fact that appropriations were being made all the while that these improvements were going on, aud the fact that the assent r>y Mr. Stanton : Q. This i)articular matter was made the subject of inquiry in the former investigation! — A. Yes, sir. Q. And ai)propriations were made by Congress afterward, they Ivuow- iug the theory on which the board had proceeded ? — A. Yes, sir ; aud by the legislative assembly. By Mr. Christy : Q. Still that would involve us in a sort of unsatisfactory pursuit. I merely want the witness to assign all the reasons, whether it be a justiti- cation or excuse ? — A. It is neither a justilication nor excuse. We ful- filled the duties imposed upon us with our understanding of the law, and it has never been controverted by either Congress or by the legis- lative assembly. Q. Now I will ask if you don't feel that you have authority to pro- gress in this direction without any regard to the expense; without any limit upon your power by reason of expense ? — A. I don't exactly get your nu'aning. Q. What limit, now, is there on your discretion in your present view of the law ? — A. The limit is the approi)riation made. We contend that all we have done has been in pursuance of approi)riations made by Con- gress and the legislative asseml)ly. Q. Do you intend to continue to lay the concrete or wooden pave- ments as carriage-ways in this city ? — A. As I said before, that is hardly a pro])er question to put. Q. It is a very inq)()rtant one. — A. It is a contingency which depends altogether u[)on ai)proi)riations and the action of Congress. Q. In the event you receive the necessary approi)riation ? — A. If we receive appropriations from Congress, aiul authority from them to con- tinue in our work, we shall use our best judgment in continuing the im- provement of the city. Q. But there has been no determination on your part to abandon the laying of wood and concrete ]>avements ? — A. So far as the laying <:»f concrete pavement is concerne'1'.'},U00 .' — A. 1 think it is amply suflicient to keep their work in order for the time speci- fied ; for three years. (^>. In the manner in which they have in fact laid it ? — A. Yes, sir. (,>. While upon this subject 1 will ask you this question: Do you think that the work generally tiiroughout the city has been done in conformity with the specifications attached to the contracts ? — A. I do. Q. Do you believe that — for instance, take, as an example now, the work done under contracts for sodding and parking — that the specifi- cations have generally been complied with 1 — A. I do. Q. And that the instances in which they have been disregarded are exceptional ? — A. I do. (). Mr. ]iaub has testified, if I remember correctly, that a large amount of stone that formed the walls of the canal was removed ? — A. Yes, sir. (^). Do you know what disposition was made of it.- — A. It was sold to Bartlett tS: AVilliams, contractors for tlie Tiber sewer, at a price fixed by the board, per perch, after a thorougli considtation and conviction on the j);irt of the board that they were getting the largest price pos sible for it. i). Do you remember the price paid.'— A. I think 81.75, I am not certain about that. That is a matter the records will show. (.}. Were the board controlled entirely in their action by the opinion of William A. Cook in extending the compensation to C. E. Evans alter the comi»letion of his work? — A. No, sir. The board were controlled l»y their own knowledge of what was just and right in the case. (^ Then why was it necessary to refer that question to William A. Cook? — A. Tiiat I do not know. I'robably, to get his opinion as re- gards the legal right of the Itoard to do it. Q. Vou IijmI only (h-termined, then, upon the eciuitable question, refer- ring the legal (juestion to William A. Cook ? — A. We had determined that it was a proi)er thing to do provided it could be done under the law; that they were entitled to the same rates paid toother contractors for the same kind of work. 122 D C T 1938 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. By wliose action was tlie wife of C. E. Evans accepted as surety upon that bond ? — A. Well, upon its being established that she was worth an amount sufficient to secm-e the board in the contract. Q. Before the giving of that bond — we pass from the question of its sufficiency' or her right to charge herself with any obligation of that sort — there had been a controversy between the board and C E. Evans. That is true, is it not? — A. ^Vell, w^hen you speak of a controversy I will saj' that there was dissatisfaction on the part of the board in regard to the attention by him paid to his work. ^Vhen Mr. Evans was here the work was done properly and thoroughly ; when he went away and trusted it to subordinates, they slighted it, and it required constant watchfulness on the part of the board to keep them up to their standard. Q. Still there was a controversy of that nature that you explained ? — A. There was no controversy. There was dissatisfaction about it. Mr. Evans was notified to that effect several times. Q. Then there was dissatisfaction with the work of Mr. Evans — the manner in which it was being done — and you withheld payment of cer- tificates from him ?— A. Yes, sir. Q. Now, was this condition made with JMr. Evans, that if he would execute this bond that he should receive the certificate to which he would be entitled from the auditor of the board of public works? — A. My impression is, Mr. Evans was notified that he must make his bond good without any regard to what the board of public works would do in the premises. Q. But Mr. C. E. Evans likewise testifies that he made out an express stipulation with William A. Cook, when he delivered these bonds to him, that they should not be delivered to the board of pub- lic works, uor attached to the contract, unless the board agreed to adjust this controversy. — A. The board uever agreed to anything of the kind. Mr. Evans could only make a bargain for himself. It didn't bind anybody but himself. Q. Tlien why is it those bonds were not attached, as other bonds were, to the contract ? — A. His first bonds were not deemed sufficient, and he was notified to make them good, and in that Avay his wife was brought in. Q. Tlien she did execute those bonds '?— A. I suppose so. C^. They were produced here by William A. Cook, aud not delivered to the board of public works ? — A. I don't think there was any retention about them at all. They were sent to him to examine, and had been some time in his office, and they were brought to the notice of the board of public works. Q. Have they to this day been delivered to the board of public works ? — A. Yes, sir ; they have always been in the possession of the board. He was acting as the officer of the board — the legal adviser of the board— and they were in his custody as its legal adviser. Q. Then there was no reason why these bonds have not been filed with the contracts, as in any other case f — A. It was simply an over- sight on his part, I suppose. Q. His attention was called to it some time since in the case. Why w\as the act of the legislative assembly, api)ropriating $240,000 to re- imburse the board of public works for the discount suffered on the $4,000,000 loan, not submitted to a vote of the people of the District ? — A. That is a matter that the legislative assembly would have to answer, I cannot ; I was not the executive officer of the government at that time, nor was I a member of the legislative assembly ; so I cannot answer the quest i'> u. TESTIMONY OF ALEXANDER E. SHEPHERD. 1939 Q. Have you brought auy suits for the purpose of establisliiug your rights, the rights of the JDistrict gOYenimout against streot-raih^oad companies for their non-compliaiiee with tbe law in jtaying their share of tlie carriage-way ini[)rovenients ? — A. Yes, sir. \Ve have not only brought Miits hut we have advertised their property, which has beeu enjoined and is now^ in the courts. The property was advertised to be sold this winter, and they were enjoined on the day of the sale or the day before the sale. Q. Was not that for a very small portion of the streets through which their railroads run ? — A. It was on all the assessments which had fallen due — the assessments which were made last year. It was for those as- sessments. One of them, 1 think, amounted to thirty-odd thousand ou the ^Yashingtou and Georgetown Itailroad, and on the Seventh Street Railroad, if my memory serves me right, the amount was some eight or, say, ten thousaiul dollars. Q. I ask the question in view of the statement made by Mr. Thomp- son, i)resident of the ]\I('tro])olitan IJailroad Com[)any, where he says that if assessed upon the priiu-iple that was suggested to him, that it would amount to absolute confiscation. Now I desire to ask, in view of that testimony, whether any arrangement or understanding was nmde or had between you on that subject, between the District govern- ment and .Air. Thompson ? — A. iS^)ne whatever. We had no power to do it, and didn't do it. Q. Ibit when bills were sent against adjacent iiroi)erty-holders, were you not left remediless as to the railroad company f — A. Well, in no case were bills sent where the railroad comi)anies had their tracks down, without an assessment being made on the railroad company. In several instances, as appears in our answer, and which 1 sp©ke of, when we were paving streets, the railroad comi)auies notified us their charter allowed them to go on such and such streets, and asked permission to put their timbers down, in order to prevent the street being torn up subsequently. In two or three instances we granted their request: we deemed it best, in order to keep the pavement from being destroyed. Q. Then that is not a matter which has been adjusted between the District government and the railroad companies, but remains unset- tled ? — A. It remains unsettled. There never has been auy settlement in regard to it. (}. Have you not used certificates issued for general taxes, due prior to .Tune 30, 1873, in paying obligations of the District government ; in paying, for instance, the salaries of the employes of the government? The Witness. Will you please state that again ? Q. Have not you used certificates, issued for general taxes due prior to June 30, 1873, in paying obligations of the District government — for instance, in paying salaries? — A. Tax lien certificates? Q. Yes, sir; used them in paying the indebtedness of the corpora- tion .' — A. The law autlnuized that disjiosition of them. i). Have you excepteo you know of any ihstance in which parties contracting to do work for the board were allowed to jiurchase material that they would use in the imi^roveruents, from the factories or the first hands ; and that in some instances, at least, they purchased at a iirice less than the same material was furnished to the board "? — A. I know of no such in- stance, nor do I think it possible or probable. Q. No such instance as that came to your knowledge ? — A. ISTo, sir. Q. Do you know of any contractors who did work around Govern- ment reservations, that after the payment by the Government of the United States for the improvements, were not paid in money, or were required to take sewer-bonds in settlement of their claims? — A. I do not think there was any requirement to take anything. If the board were not in funds they were offered the sewer-bonds. It was a matter entirely at their option as to whether they should take them or wait. Q. Do you know the fact that Mr. Magruder, in some instances, in- sisted upou writing upon the bills, indorsing upon the bills, that they should be paid in sewer-bonds? — A. I do not think he ever insisted upon anything of the kind. Where the request was made he did it. It was done to accommodate the i^arties holding the certificate. Q. I ask that chiefly in view of the testimony of Mr. Lucas, the party who did the grading on K street, who testified that, without his consent, this indorsement was made upou the auditor's certificate that he held. — A. I have no doubt that he requested Colonel Magruder to make that indorsement, or it would not have been made. Q. Of course you have no personal knowledge of that ? — A. No, sir ; I have no personal knowledge. I make that statement on general prin- ciples. Q. On page IGo of the report of the comptroller of the District of Columbia I lind that an amount was appropriated for the erection of a police station-house in Uniontown, the amount being $1,800, and that the warrant, I infer, was drawn therefor. — A. I think that is so. Q, Was any such station-house erected? — A. No such station was erected, because the board of police commissioners protested against it, as their force was not sufficient to keep it up. Q. Was any portion of this monej' used in the purchase of a site for the station-house ? — A. I think a site was purchased. Q. Not exhausting the appropriation ? — A. No, sir ; the appropriation is not exhausted. I think a site was purchased, though I am not cer- tain about that. Q. Do you know what became of that — where the excess of this ap- propriation remains ? — A. In the t^^easary of the board. Q. Do you know the cost of the lot ? — A. I do not. Q. Did the sinking-fund commissioners hypothecate sewer-bonds in New York for the purpose of raising means to defray the January inter- est ? — A. Not a dollar. Q. I see your answer in regard to that really leaves it in some con- fusion in my mind. — A. I would be very happy to clear it up, colonel, if there is any confusion in your mind. ' [The answer as previously given by the witness was here read over to I'im.] ^^ The Witness. Perhaps I had better make a little explanation in re- gard to that, so as to remove all confusion in your mind. The reason that the sinking-fund commisssion has been -short is this: Last Au- TESTIMONY OF ALEXANDER E. SHEPHERD. 1941 gust, $550,000 of the old corporation 'of Wasliinii,ton 7-30 certificates which fell due under Mayor Emery, for a debt contracted under Mayor IJowen, matured. They had to be met. The sinking-fund commission had to make arrangements to meet them, Avhich they did by paying out of their treasury, and by borrowing a suflicient sum to pay them. They were all paid, except, I think, some forty or fifty thou- sand dollars which was held by i)rivate parties. Tlie bonds which were authorized to be issued by the legislative assembly, under the act of June 20, 1872, had not been sold, and have not yet been sold. The sinking-fund commission has been carrying that debt, with its interest, from that time to the present; so that the case stands in this way : Was the market in su(;h a c()n(lition that tlie sinking-fund bonds authorized to be issued, and which were issued, and which are now held as collateral, and which are used as collateral by the sinking- fund commissioners — was the market in such a condition that these bonds could be sold at a fair rate, the sinking-fund would have in hand some $250,000, instead of being, as they are now, borrowers and owing a considerable debt. Do I make myself intelligible '? Mr. Christy. I think so. Q. Do you know of any preference given to contractors, or those who have held by hypothecation, or ]>urchase, certificates in the ]>ayment by the treasurer of the board of puldic works ? — A. I do not know of any. Q. I will pass from that subject for a monlent. Do you know a con- tractor by the name of Laughlin or Laflin ? — A. There are two con- tractors of the board, one named .ATcLaughlin and the other Laflin. (^. Have you sold to either of those persons ? — .V. I have sold prop- erty to Laflin. Q. What did you receive ? — A. I received certificates of the board of pul)lic works. (^. When was this ? — A. The record shows. It was several months ago. The transaction was done through Mr. Wilson, my agent. Q. What amount in certificates and wimt amount in cash did you re- ceive ? — A. I did not receive a dollar in cash. Q. Where was the property situated ? — A. On Seventeenth street, be- tween K and L. Q. Have those certificates been since i>aid ? — A. They have not. I got some sewer-bonds for some of them, which I sold at 71 or 72 cents on the dollar. (}. Was it i)art of the condition of the purchase by ^Iv. Laflin that he sliouhl receive work under the board? — A. No, sir; he had all his work long before he bought the projterty. (^). Was the transaction conducted by yourself in person? — A. Ko, sir; by my agent. T had nothing to do with it in any sha])e or form. I did not know until the pro])osition was made to me that they were ne- gotiating about the house at all. 1 will state, in that connection, that the i)roposition was made to me to take certificates. I did it as much from the fact that it would not do for me to repudiate District securities as for any other reason. I made nothing by it. (}. And obtained no advantage? — A. Not a particle. I will state that all the contracts that they had were long anterior to the date of this sale. It had no connection, in any sha]>e oi' Ibrm, with that sale, and 1 think it was a disadvantageous thing to me. Q. Have you, or any otlier member of the board of public; works, made any purchases of ]>r()perty in advance of the i)ublic declaiation that improvements were to be made, anany which had paved Pennsylvania avenue? — A. I invested 82,500, for the benelit of my brother-in-law, in that company, but I knew no more about what the profits were, or anything in connection with it, than did any member of this committee. (^|. Then the oidy mode you resorted to, for the purpose of ascertain- ing what should be the cost of improvements was tliese bids made under the advertisement ? — A. Was the bids made under the advertisement, and the information received from other cities. (^. Did you or not at any subsequent period of the administration ot the board, take any pains to ascertain what was the actual cost of these wood ])avements by ascertaining the cost of the various items that went into their construction, with a view to the modification of the charges '! — A. I was convinced, and am convinced now that 83.50 a j'ard for a treated-wood pavement, properly laid, will not pay more than a fair business percentage for laying it, and that in the matter of concrete pavements it is a very risky business to lay them at 83.1*0. I think that a man who lays his pavement properly makes less on it than he could make on the same amount of time and talent invested in almost any other business. I want to call the attention of the committee, while we are on this subject, to a comparative statement of the "debts, property, expenses, ami ])ublic im])rovements of American cities, compiled from ohicial rec- ords." It will be found on page 18 of the Report of 1873, and is as follows : 1944 AFFAIRS IN THE DISTRICT OF COLUMBIA. -^ ^ ir. o £ £ Hr ■saiBtu-st'y "^ ^ ^ ^ --■ 2? 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Oi CO o o o o o o § o rt . CI o rr o o o <= o CO o o "3 s OJ o in O LO TT T o o ^_ ■^ 1-2 of to" cf oc" o — "crx" i; ;" = ci" 00 CI in CO to — CO S C3 CO IN rH ■^ "^ >j a <« .is! i? .2 ;_ o ;■:; ra ; — o a tS 3 fi fill C M "^ o p - *rt o ^ f ; '- r pi I n p H< P5 C ■) M Fh TESTIMONY OF ALEXANDER R. SilEPflERD. 1945 •-": o o c o s ^ L- I( « i- t- rt ^: r: >-( CI V r-i QD '-' — — n r> •71 r- 0> fM ■» tte iS if:.': !!| ° £ — ■c'c'5 •- 3 S S. 194f) AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Merrick : Q. At page 534 of the testimony you give a statement marked " Ue- ceipts of the government of the District of Cohimbia and of the board of public works, and the date of its organization, June 1, 1871.'' You give a statement of the aggregate receipts of the government of the District of Columbia and the board of public works. The first item is $3,105,000.39. That was in money, I i)resume ? — A. I suppose it is money. I really do not know what it is. Q. Then the tkird item is receipts from the United States Govern- ment, $3,522,801.18. That is money reeeived from the United States? — A. Yes, sir; that is money. Q. Now will you tell me if there be any other matter of money in those aggregate receipts except those two items, or are not the rest represent- atives of indebtment in some form or another? — A. No, sir; that was received from the District in bonds and proceeds of bonds sold. Four millions of that was in money received. Q. But that is representative of indebtment ? — A. O, yes, sir; it Avas bonds of the District. Q. I speak now of the receipt ot money, as distinguished from the re- ceipt of securities, for the purpose of ascertaining how much money you have received at all during your administration. — A. Well, there is one item there received from 10 jier cent, assessment- certificates. That was received in money from the sale of those certificates. Q. Seven hundred and fifty-one thousand nine hundred and twenty- one dollars and thirty-three cents?— A. That was money received from the assessment-certificates from personal proi^erty. Q. Was there any other moneyed element besides those three ? — A. No, sir ; I do not know of any. There may be some others. Q. Then all your other receipts besides those are chargeable as mat- ters of debt against the District government, although in the form of money received from securities ? — A. Not against the District govern- ment. Q. The District government and board of public works? — A. No, sir; against private-property owners. Two of them, the 8 per cent, special- improvement certificates and 8 per cent, sewer-certificates Q. Those are still outstanding matters of iudebtmeut? They are not money ? — A. They have been paid ; one and one-half millions have been received for taxes; one and one-fourth millions, probably. Q. The sewer-certificates and special-improvement certificates have been taken up? — A. Y'es, sir, and canceled, about one and one half mil- lions or one and one-fourth millions. Q. Of the $1,280,000?— A. Yes, sir. Q. That is all, then. Those four items constitute all the money re- ceipts of the District government and the board of public works since their organization? — A. The moneyed receipts you can get very easily. There is over eight millions in money and from the proceeds of bonds. Q. Y^es, Ifat 1 do not speak of the proceeds of bonds, because bonds are still outstanding, and matters of debt. I want to distinguish between the actual moneyed receipts and proceeds of securities which are still to be redeemed in some form or other. The Chairman. You are trying to find out the amount received from the General Government, and theamount received from taxes in money. Mr. ]\[ERRICK. Yes, sir ; I want to see what is all the available money they have received as distinguished from the proceeds of securities which are hereafter to be met, and which in point of fact are still a debt TESTIMONY OF ALEXANDER R. SHEPHERD. 11)47 altlion^h assnnniio- tlio form of money in that statement. I nnderstand aim now to say what 1 snpposed was the fact before — that it consists of those four items, liist, third, seventh, one and a half millions beini;- proceeds realized from the payment of the certificates as against the projierty ]\[r. Wilson. Have yon aggregated it ? ]\rr. Meiikick. Xo, sir, I have not; but it is about 88,000,000. The Witness. The receipts in money -would be about $8,000,000. The receipts from bonds sold to settle up the old indebtedness, funding and ]\Ir. ^Merrick. They are still outstanding? The AViTNESS. IJut of course they were outstanding before. They have only been funded. Mr. Mekuick. I am only speaking now, and trying to get at the dif- ference between actual money and outstanding obligations, no matter what form they assume. The Witness. liut you should state it fairly. Here is about 84,000,- 000 that existed before the board of public works came in, ami which had to be funded. It is not right to put that in as something not re- ceived in money, because that was merely funding an old indebtedness. Mr. ]MERRirK. Still, that makes it a part of the aggregate indebted- ness of the District of Columbia to pay. The AN'iTNESS. Xo, it does not. J:\y the organic act it is made the duty of the cities of Georgetown and Wasliingtou to pay them. The District government cannot pay them. Q. It is an obligation as against the people I — A. Against those two old coi'porations. Q. And they go to make up the aggregate of the ten millions limitation of debt ' — A. Yes, sir; because it was a debt incurred before. By Mr. Merrick : ~ Q. You have not given anywhere in answer to our inquiries a tabu- lated statement of the whole amount of the indebtedness of the District of Columbia and the board of public works, whether funded or unfunded, up to the ])resent time ?— A. Yes; the whole of it is given in this report. 1 am making out a separate statement of the tioating debt for the com- mittee. They have asked for it. (^. Where is it given ? — A. Give me a copy of that report, ami I will show you, (copy of report handed to witness.) Q. You gave a statement of the debt of the old corporation and of the debt of the District goA'ernment. I am speaking now of the aggre- gat<; indebtedness of the old corporation, of the new I^istrict govern- ment, and of the board of ])ublic works. — A. If you will turn to page 23 of 7ny answer, you will find the debt of the old corporations to be 8i,'5~)0,l 80.01. You turn to page 24, you Avill find the funded debt of the District is 8~>,527,8.'jO. Xow, if you will turn to page 403, you will see there the sum of 8407,870.')2, which was the indebtedness of the District government on the day of tlie rendition of this answer. That was the tioating indebtedness of the District. Jf you will look just below you will find the liabilities of the board of ])uljlic works at s t,r)r)2,05,S.7(>, from which ^ou want to deduct securities on hand, balance due on account of general sewerage and assessments, aggregate about 83,000,000; it is all in detail there. i). Thnl don't come down to and include what is stated in the account of outlays by the auditor of the board of i)ublic works, as given here a day or two ago '. — A. Yes, sir; it includes everything. 1948 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. That amount, given by the auditor, if I understand it, does not fully represent all the ascertained liabilities up to this time, for the reason that the contracts which are in process of execution, while cer- tificates of settlement have been made for the amount of work done, yet 20 per cent, has been retained upon uncompleted contracts to the amount already done. — A. Only a small portion of them. Q. 20 per cent. "? — A. No ; only a small portion of them ; most of the contracts have been settled for — brick pavement and things of that kind. The times for which the iiercentage has been retained have ex- I)ired and been paid. Q. Have you any idea of what amount that 20 per cent, will aggre- gate ? — A. It Avill aggregate very little, because, as I say, the contracts specified this 20 per cent shall be retained for a certain number of mouths. In many instances this time has elapsed, and the final settle- ment has been made. By Mr. Meerick : Q. Perhaps I had better ask Mr. Lay ; he can answer directly. The Witness. Yes, sir ; he can answer directly. The Chairman. While upon that question of the floating debt, I wish you would have a statement made, showing separately the amount of auditor's certificates still outstanding. — A. That is stated in this re- port. Q. A distinct item of that 1 — A. Yes, sir. By Mr. Wilson : Q. There have been a great many issued since that, from a statement made here a few days ago ? — A. There have been some issues, I sup- pose, in settlement of accounts and the work that is being done. I can have it brought up to date. Mr. Wilson. I think it would be well to bring it up to date. The Witness. Very well, sir. By Mr. Bass : Q. What are the board certificates referred to on page 3G4 ? — A. Those are what are called auditor's certificates. Thej are vouchers, that is what they are. Q. The item above, if you will observe. The AYiTNESS. O, board certificates. Well, sometime ago — it has been a year and a half ago, I guess — the board issued a different form of certificates in order to help the people who had auditor's certificates to pay their taxes. They issued another form of certificates, signed by the auditor and the secretary and treasurer of the board, in sums from $100 to $500, which were receivable for special taxes, and a good many special taxes were paid in bills. When the legislature met, however, they passed a law changing this method, and authorizing the issue of a different certificate, what is called 8 per cent, certificates, and these are outstanding certificates issued by the board of public works on that ac- count. Q. They have been issued, then, in cancellation, or taking up the auditor's certificates ? — A. Y"es, sir. Mr. J. C. Lay recalled. By Mr. IMerrick : Q. Y^our ledger which you produced heie on Friday, showed settle- ments for the various debts incurred by the board of public works to TESTIMONY OF ALEXANDER R. SHEPHERD. 1949 tlie amount of 81,800,000 odd; I do not know bow much. Xow, can you tell ns, either actually or approximately, how much more is due u[»on these accounts that have been stated, by reason of the UO per cent, that has been withheld for the wcnk already executed, and yet the contracts themselves not bein^linally C(>mi)leted, the board withholds, as I under- stand, under their rule, I'O i)er cent, of the amount due for the purpose of beini;- a surety for the untinished portion of the contract '! — A. Well, I would not like to make an approximate estimate of anything of that kind. I could tell you from the books. I have it all in the books. Mr. Merrick. I would be glad if you would run over the books and make a statement of that, because that will show the substance of the outlay or debt already actually incurred. Governor SnEi'iiERD. Have not most of the percentages been paid ? The Witness. A good many, not most of them. Governoi' Shepherd. Just furnish a statement of everything in rela- tion to the matter. Governor Shepherd recalled. By Mr. Wilson : Q. If I have understood your testimony, the 81,210,000 appropriation, when that appropriation was made the board of public works was already indebted to that amount, and the money was used to pay that indebted- ness ? — A. Yes, sir. Q. And the same with reference to the 81,000,000 appropriation ? — A. Yes, sir. Q. And substantially the same Avith reference to the 8013,000 appro- priation i — A. Yes, sir. Q. At the time these appropriations were made an indebtedness had already been incurred, to the payment of which these several appro- priations were applied ? — A. Y'es, sir. Q. Xow, your attention was called this forenoon to these requisitions — one of 8^00,000, and one of 8130,000,1 believe it was; and over 8200,000 was made Just prior to the publication of the report of 1873. Y'ou referred the committee to the act of the legislative assembh', first session, page 42. That act was an appropriation for the purpose of making up the full sum of 84,000,000 — that was to supply the deficiency in that four millions by reason of the discount? — A. Yes, sir. Q. The se(;ond section of that act is as follows : ^^And he it further en- acted, That, in vicAv of the emergency arising from the necessity for the im- mediate pnyment by the board of public works of outstanding claims for work done in the improvement of the District, this act shall take effect immediately ui)on its passage. Approved June 23, 1873." 1 take ic from that that the money had also been anticipated by the board. In other words, the board had already contracted an indebtedness, and this appropriation was used for the purposeofre-imbursing that indebt- edness ^ — A. That emergency clause was put in, I take it, because it would take some time to get the bonds ready. AVhat date is that law ? .Mr. Wilson. On the 23d June, 1873. The Witness. We could not get the boruls ready to sign them before August, and I sui>pose it was to save thirty days that clause was put in. Q. Is it a fact, however, that the board had already incurred liabili- ties to the extent of this, aiul you deemed it necessary to have this ajv l)ro))riation ". — A. They were constantly incurring liabilities; they were working a large force of men with a good many contracts, and the lia- bilities were incurritig. TIic organic act provides that no law shall take etl'ect until thirty days after its ]>assage, unless there is an emerg- ency clause, which requires a two-thirds vote to pass it, 1 think. 1950 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You will observe the pliraseology of ibis section. " In view of tbe emergency arising from tbe necessity for tbe immediate payment by tbe board of public works of outstanding claims for work done in tbe improvements of tbe District, tbis act sball take effect immediately' upon its i)assage." Is tbat a correct recital of tbe condition of affairs at tbat time ? — A. I do not tbink it is. I do not tbink tbe pbraseology is correct. It is meant to apply to work tbat was in progress. Q. Tbe next law to wbicb you refer tbe committee is found on page 56, and for tbe purpose of getting tbe matter distinctly before tbe com- mittee, I will read tbe act in order to get it in tbe record just at tbis point. It is sbort. Act of 2d legislative assemhJij, CH.vr. XIII. — An act making appropriation for re-im- bursing tbe board of pnblic works of tlie District of Cohimbia for the money expended by tliem for tbe erection and repair of pumps, cleaning and repair of streets, and rais- ing and underpinning of bouses and market-bouses. Be it enacted, cj-c., Tliat tlie following sums be, and tbe same are bereby, appropriated, to re-imburse tbe board of public works of tbe District of Colnmbia, viz : For tbe erection and repairs of pumps, fifty-one thousand dollars. For cleaning and repairs of streets, two hundred and sixty-two thousand eight bun- die:! and fifty-live dollars. For raising and underpinning bouses, one hundred and fifty thousand dollars. For raising and under[)inniug Georgetown market-house, three thousand five hun- dred and fifty-seven dollars and seventy-one cents. For amount expended on Northern market-bouse, twelve thousand and twenty-six dollars and forty-eight cents : Provided, That the money bereby appropriated sball be paid out by tbe treasurer of the District of Columbia, upon warrants drawn by tbe governor and comptroller of the said District. Sec. 2. And he it farther enacted, Tbat to enable tbe governor to pay tbe above appro- priations, be is bereby authorized to issue bonds of the District of Columbia, bearing interest at the rate of seven per cent, per annum, not to exceed the sum of five hun- dred and thirty thousand dollars, wbicb sball be sold by tbe governor, tbe proceeds thereof used for the purposes above specified, and for no other purposes whatsoever. Approved, June 25, 1873. Q. If I understood your testimony a few days ago tbese liabilities had already been incurred and such would seem to be A. Tbis is tbe amount wbicb was reimbursed. Q, Yes; tbe liabilities bad already been incurred for wbicb tbis ap- propriation was made! — A. A portion of them bad. ISTow, in regard to underpinning and raising of bouses, tbat work was going on at tbe time of tbe passage of tbe act, and we figured up wbat bad already' been expended and added to it wbat it would cost to complete it, and tbe ap])ropriation was made in tbat way. Q. Tbe provision in tbe first section of tbis act is, " tbat tbe money bereby appropriated sball be paid out by tbe treasurer of tbe District of Columbia, upon warrants drawn by tbe governor and comptroller of tbe said District." Was tbat done? — A. Tbat was done, I presume. It could not have been gotten out of tbe treasury iu any otber way. (}. Was it paid to Mr. Magruder "? — A. To bim, as treasurer of tbe board. Q. But it was to be paid out by tbe treasurer of tbe District of Co- lumbia? — A. It was paid out by tbe treasurer of tbe District to tbe treasurer of tbe board of public works. (ij. Did tbe treasurer of tbe District of Columbia pay any moneys to tbe treasurer of tbe board of public works '? — A. He paid tbe bonds. Q. I now call your attention to tbe second section, wbicb I have al- ready cited. If I understand you now, tbe bonds were issued, and, in- stead of tbe bonds being sold by you, tbe bonds tbemselves were paid out? — A. Yes, sir; tbe contractors lost tbe discount on them, instead of tbe District. Q. Were those bonds paid out to contractors who had done the spe- TESTIMO^'Y OF ALEXANDER R. SHEPHERD. 1051 cific wor* named in this contract, or were tliey paid out generally ? — A. O, a ^"ery larj>e i)ortion of that work bad been paid for a year before the passage of that act — for repairs of ))anips and things of that kind -, they were used as an asset of the board, and paid out to such contract- ors as saw proper to take thcni. Q. Instead, then, of being paid out specifically for the i)nr[)Oses set forth in this act, they wore issued and paid out by the treasurer of the board of public works, Mr. Magruder, generally, on the indebtedness of the board. Is that correct .' — A. Correct, with this niodilication, that most of it had already been expended by the board, and it was merely a reimbursement of the general fund of the board of the amount whicli had been paid out previously on this account — making the general fund good. Q. These bonds were used, then, to make up deficiencies of the gen- eral fund of the board of public works ? — A. They were turned right into the treasury and paid out as everything else. Q. Bo you know whether there is a record showing who received these bonds f — A. Indeed, I do not. By Mr. Stanton : Q. Is that the act on page 06 ? — A. Yes, sir. Q. Do yon know what disposition Mr. Magruder made of those bonds 1 ^Ir. Stanton. I will call your attention to the first section which says " to re iuiburse the board of i)ublic works." 3Ir. Wilson. I know it is peculiar in its phraseology. By the Chairman : Q. ^Vere those paid out at par? — A. Yes, sir. (>). At their face-value t — A. Yes, sir. By Mr. Wilson : Q. What was the disposition made of them by ^Er. Magruiler ? — A. I am not able to state. Q. Then, if I understand you, (and, if I do not, please correct me, for I wish to understand the facts as they are,) this work had been sub- stantially done * — A. A large portion of it. Q. The principal part of it had been done and already i)aid lor l>y the board of public works, and in advance of this appropriation:' — A. Yes, sir. Q. Now will you explain to the committee why that was done, when the :>7tli section of the organic act provides that said board of public works shall have no jxiwer to make contracts to bind said District to the payment of any sums of money, except in pursuance of appropria- tions made by law, and not until such appropriations shall have been made .'—A. That is plain enough. We treated the whole of these things as improvements. They were improvements. The appropriations were made for these improvements. Q. How about the 8.j0(),000 appropriation .'—A. A portion of that has been exi)ended on these very things— these repairs of market- houses, iiumi»s, vlvc. (i. You had exceeded the >!.jOO,()()(»ai)proi)riation of which you speak .' The Witness. Jlow do you mean exceeded it ,' (^ Voti had gf)ne beyond that ?— A. Yes, sir; spent that and the three and a half millions besides. You asked by what authoiity. 1 say we, had the authcrity from the lirst ai»propriat"ion of ."rf^lK^OOo'to carry out such improvements as the board of [)ui»lic works might deem lit and proper. Q. Did you have authority to go bevoml it .'--A. We did not go be- 1952 AFFAIRS IN THE DISTEICT OF COLUMBIA. yoncl it. A iiortiou of this work the appropriation was made forbad not been completed. It Avas then in process. The underpinning of these houses was in process at the date of this law re-imbursing the amount. Q. 1 do not see how you got any debt, then. — A. We do not under- stand one another, I am afraid. Q. I am afraid we do not. — A. What I mean to say is this : You asked me what authority we had to repair pumps, and to underpin houses, and these other thing which are covered in this appropriation of June 25, 1873. I say to you that we had authority in the first appropriation bill, which appropriated a half million of dollars for improvements gen- early, without specifying any of the details, what they should be, leav- ing it discretionary with the board as to what class of imx)rovements we should make. Under that we made all improvements necessary for the ])roper conduct of affairs in the District ; and under this $500,000 appropriation we had authority to expend money in repairing pumps, raising market-houses, and anything else that was necessary to keep a proper administration of the District. Q. Where is that ? — A. It is the act dated August 11, 1871, and is as follows : Jets legislative assembly — ChaiHer XXX. Be it enacted, 4'C., TLat the governor is hereby authorized to anticipate the rev- enue of the District which may arise from the assessment and collection of taxes during the current year to the amount of five hundred thousand dollars, ■^hich sum sball be expended and disbursed for the improvement and repairs of the streets, avenues, alleys, and roads in the said District, and for the construction and repairs of sewers, bridges, and other public works therein, according to the provision of the thirty-seventh section of an act of the Congress of the United States, entitled " An act to provide a government for the District of Columbia," approved February twenty-one^ eighteen huucbed and seventj'-one. Sec. 2. And be it further enacted, That, in view of the emergency arising from the necessity for the improvement and repairs of the streets, avenues, alleys, sewers, roads, and bridges in the District of Columbia, this act shall take effect immediately upon its passage. Approved, August 11, 1871. Q. That was the act approved August 11, 1871, and which appropri- ated $500,000, and that was expended f — A. Yes, sir. Q. And in addition to that the board had made further expenditures which made it necessary to i)ass the other act to which I called atten- tion ? — A. The board had made expenditures upon these certain things which were authorized by this law, but which should not properly have come out of this $4,000,000 bill. Q. You regarded this an appropriation bill to the extent of $500,000 ? — A. To the extent of any such improvement as might be needed. Q. The point I want to get at is this : Did you make expenditures beyond that $500,000 ? The Witness. On account of these other items ? Q. Yes, sir. — A. is o, sir j we had not expended the $500,000 on ac- count of them. Q. Had you not expended this $500,000 at the time ? — A. Not the whole of it. Q. Then what was the occasion for a re-imbursement ! — A. Because the work was going on. As I say, after the underpinning of these houses, a large portion of that was done after the appropriation of the $500,000. Some of it had been done, and some was in process of com- jjletion ; and it was to reimburse these expenditures which had been made back to the board, so that the $500,000 there would go to the im- provement of streets, avenues, and things of that kind, that this was ^lone TESTIMONY OF ALEXANDER K. SHEPHERD. 1953 By Mr. Merrick : Q. Was not the l)istoi\v of that SoOO,000 appropriation this, that the four-million loan, the proeeedinjis under it, had l)een enjoined in the courts, and for the jinrpose of obviating;' the effect of this injunction, was not this $r>0(i, ()(»() ap[)roi)riation made ? — A. Yes, sir. Q. And it was to enable you to carry ont your contracts which you had contemplated or initiated under the four-million loan ? — A. We had not made any contracts or initiated any at that time. It was not until a month afterward that we let any at all. Q. Your contracts were made l)efore the injunction was dissolved? — A. The injunction was dissolved about the 1st of October. The con- tracts were made about the loth of ^September — some of them — and work bcjiun undei- them. Q. And the authority under which you let those conti'acts of the 15th of iSeptember was the authority conferred by this $.j(K),0()0 a})proi)ria- tion ". — A. Yes, sir ; it was dedicated to the carry injj; out of any improve- ments that might be necessary. It wa^s passed with that view. Q. The contracts amounted to $5()(>,(>()0 themselves? — A. No, sir; the contracts at that time only amounted, as you will see by turning" to the record, to 82l>4,l-i4.24:. That was tlie amount of the contracts let on the 15tli of Sei)tember, under the act of the legislature, a[)i)roved August 11, 1871. By Mr. Stanton : Q. In the testimony of John Collins, on page 1013, I find it stated, " I was awarded a contract for pavina" N street and also Thirteenth street — a portion ot Thirteenth street, in which Mr. Murtagh claimed be had some interest." \Yere you aware, at the time of awarding the cou- tract, that ^Ir. Murtagh had obtained any interest? — A. I was not. Mr. Murtagh had a building that he was putting np at the corner of Thir- teenth street and Pennsylvania avenue, and asked me to give the work to ]Mr. Collins. I was anxious to get it done. I gave it to him. Q. Mr. Collins had been a resident here for a great many years, and a contractor ? — A. Yes, sir;, and a very efficient contractor, as I have be- fore stated. He was one of the most efficient ones that we have ever bad. Q. Inquiries were put to you concerning sales of real estate in which a consideration — i)nt in whole in one case, and in part in another — con- sisted of certificates of the boird. AVas it for any j)urp()se of specu- lating in securities of that kind that they were ac(!e[>ted by you ? — A. None whatever. It was a very disadvantageous proposition for me to entertain. But the question was put directly to me. whether I would take District securities for certain property which I lield, and I said I would, after thinking the matter over for a few minutes, at the i)rice fixed ui)on the property long anterior to the date at which it took i)lace By Mr. Bass: Q. I confess, governor, I do not fully understand this matter of appro- priations, and yet, perhaps, it is owing to my dullness. The Witness No, I do not think that is the case. Q. This ])rovisi()n of the organic; act, if I understand it, contenq»lates that the l)oard of |)nblic works shall not incur any debt against the District until an a])|)i-opriation shall have been made. Now, your audit- or's certificates indicate that you have done over $18,000,000 worth of work ? — A. Yes, sir. Q. Which, of course, is a debt against tlio District. I cannot find, 123 DOT 1954 AFFAIRS IN THE DISTRICT OF COLUMBIA. where there has been tiuy such auiounts of appropriations as $18,000,000, n[)on \vl)ich the board of pnblic works was authorized to issue certifi- cates of in(h^btedness against the District. — A. On page 428 of this in- vestigation there is in detail all the appropriations made. Judge Wil- son raised the (piestion about some of these appropriations. Of course, I am not a lawyer, and am not able to discuss that matter; but that is what we acted on. Q. That last item, the $5,217,000, is an assessment? — A. Yes, sir; that is, the organic act made a part of the approi)riation, as I under- stand it. The law says that we shall assess one-third of the cost upon property bordering, and that, it strikes me, is an appropriation. It is treated so by the legislative assembly and by Congress in the organic act. We have always so treated it, and made our reports to Congress based on that, and it has never been questioned. Q. That one third of the cost should be assessed ? Then you expected to derive your money — two thirds of the money — from other sources ; from appropriations either made by Congress or the legislative assem- bly, and the one-third from the property-holders'? — A. Yes, sir. Q. And you regard that third as an appropriation for this particular purpose, to make these improvements f — A. It cannot be regarded in any other light. That is the way it strikes me. Mr. Bass. It may be that is so. I wanted to get your view of it. A. They all aggregate $ 16,301,428.79. The auditor's certificates, how- ever, exceed that sum two or three millions of dollars. By Mr. Wilson: Q. We have had some complaints before us, made by some laboring men, with reference to the non-payment of their wages by the board of public works. I would like to ask you if there is any considerable amount due from the board of public works to laboring men for work done directly for the board of public works? — A. Very little, sir, for work done for the board by laboring men. There are one or two cases. Mr. Adams, it appears, has not paid his men; and there is a case of a man by the name of Shiner, an old contractor — a colored man — who didn't pay his laborers; but so far as the board of public works is con- cerned, tiie amount due to laboring men is very slight. They owe their employes and clerks a good deal, but the amount due laborers is quite small. ^ Q. Can you form any estimate of wITat it is? — A.- I can give you the exact amount. Q. I do not care for that particularly. — A. I will furnish you with an exact statement of it if you desire. Q. Well, sir, you may. — A. The amount, up to the date of rendering my answer ; if you will turn to page 4Go, the total amount due employes and laborers at that time was $120,707.92 ; that included all the em- ployes of the board. Q. Is there any money now in the treasury of the board of public works? — A. No, sir. Q. Or in the treasury of the District of Columbia? — A. There is some $9,000 in the treasury of the District of Columbia. We paid on the 1st of this month. May— we paid some 840,000 on interest, and have a little more to pay. Q. The reason I call your attention is this: There is $5,000 of the board of imblic works to the credit of this city-hall fund. It occurs to the committee if there could be any way to provide for these laboring men it would be well to do it. The committee has been given special TESTIMONY OF ALEXANDER R. SHERHERD. 1955 directions by the House to inquire into this matter of tlie Metropolitan- police 11111(1: why it is tlie [)olice liave not been paid. Have you any statement to make on this subject !—A. 1 put in a statement in the be- giniiinji- of this controversy, which showed that they had been paid all that had been received. Q. If that is already in, I do not care about pressing it. Mr. Mkhkk'k. That matter was impiired about immediately after we concluded the impiry about the school-fund. Governor Shepherd. I i>ut the otiicial statemeut iu ; that amount had been paid as far as collected. I think you will find it on page 45, [Mr. Christy presents the letter of Mr. Chase regarding the value of wooden pavements, i)rice, &c., and also other documents relating to tlu' same subject, which are taken into consideration by the committee. .Mr, Christy presents the following statement relative to the police fund, whifh being objected to by ]\Ir. Stanton on the ground that it was not verified in any way, the chairman said that it might go into the record and be printed, being taken for what it is worth. H the committee found it inaccurate on examination, they would of course give it no con- sideration. Mr. Merrick stated that it was presented as an aid to the committee, it being a paper of reference more than anything else.] METROPOLITAN POLICE FUND. ComptroUer's report, Jpril, 187:5. Tax-Jevy year eiiditu/, June 30, 1872. Collected to June HO, 1872, page 22'J. Page 222.— Eor Washington, 20170 ?;124, 842 G7 §105, 667 56 Por Georgetown, 20-95 12, 072 87 10, 136 25 For county, 15-S5 9, 750 00 8, 462 75 146, 605 54 124, 266 56 Tax-levy for the vear ending .June 30, 1873: 224.— For Washington, 15-170 S109, 320 57 For Georgetown, 1.5-170 9, 54'J 73 For county, 10-100 S, 623 05 Totallevy 127,493 35 Of these two levies, Collector Clephane (testimony page 25) .says that there were in arrears of the whole levy of 1872 -962, 388 41 And of the levy for 1873 ." 2»t, 412 89 Total arrears February 1, 1874 291, 801 30 For which tax-lien certificates had been issued ; page 69 of answers gives cer- tificates issued as follows, charged as casli : For tax-lew l«71-72 §1, 343 62 For tax-levy 1872-'73 260, 4 17 04 Total certificates realized 331, 760 60 That is to make up ^•>91, 801.30 of taxes in arrears for the levy of 1872-73. They sold certificat<'s to the amount of §331.760.61;. and had on hand unsold (Raker, p. 96) about $230,000 of .'tame certitirato.'i ; and (.'iiUeetor Cleph,ine (p. 25) testi- fies tliat nf tliis •^291.801.30 " there is a large portion wliicli is notiiroperly tax- abb- ;" and it does not appear that any allowance ha.s been made for the dis- count allowed on payment of taxes. Assuniing that these certificates paid the arrears of taxes for these two years, there has been available for police purposes as follows : 'I'axlevy of 1872 61 46, 665 54 Tax-levy of 1873 127, 493 35 Total 274, 158 89 And tlie exjienditure.s have been as follows to December 31, 1873 : (joreriior^!^ aiiinvcr. Page 78.— For Washington to .Tune 30, 1872 ■?121,751 28 For Washington to June 30, 1h73 ()5, 463 44 79.— For Georgetown to June 30, 1872 13, 594 13 For Georgetown to June 30, 1873 7, 574 75 1956 AFFAIRS IN THE DISTRICT OF COLUMBIA. MetropoUtau-police finid — Coiitiuued. Collected to June 30, 187-2, page S2:i. Page 80.— For county to June 30,1872 |0, 948 54 Tor county to June 30.1873 3,924 64 Total expenditures 219,256 78 Balance iinexpended .54, 902 11 71.— Tax-levy of 1874, collections to December 31, 1873, Washington 35, 186 45 72.— Tax-lew of 1874, collections to Ueceiuber 31, 1873, Georgetown 2, 973 54 73.— Tax-levy of 1874, collections to December 31, 1873, county 3, 037 42 Total collections 41,197 41 Expenditures to December 31, 1873 : 78._ror Washington 21, 392 56 79.— For Georgetown 2, 339 09 80.— For county 1 , 570 56 Total expenditures 25, 202 21 Balance of collections to December 31, 1873 15, 995 20 Add former balance 54, 902 11 Total to credit of fund 70, 897 31 In the answer the receipts from the tax-levy for the year ending June 30, 1872, an* gi^-en as follows to December 31, 1873 : Page 71, collections for Washington $105, 667 56 Page 72, collections for Georgetown 10, 136 25 Page 23, collections for county 8, 4G2 75 Total colU^Lt ions, levy of 1872 $124, 26<> 5(.; By the comiitmlkrs report of April, 1873, page 222, this is the precise amount given as loUtited to June 30, 1872, and on page 25 he states that from June 30 to December 31, 1672, there was collected, of th"e levy of 1872, .$40,384.50 ; and of this $5,155.36 belonged to the police-fund, making the total collections on that fund for 1872, to December 31, 1872. $129,421.92. According to the answer the collections for police-fund of th.e levy of 1872 were, for the whole District, to December 31, 1873 .'... $24, 266 56 And the expenditures 142, 293 95 Excess of expenditures over collections 18, 027 39 On the levy of 1873 the collections were 89, 780 45 And the expenditures Tfi, 962 83 Excess of collections 12, 817 62 Add collections of levy of 1872, from June 30 to December 31, 1872 5, 155 36 17, 972 98 Excess of exxienditnres over collections for two years 54 41 Balance unexpended levy of 1874, December 31, 1873 15, 995 20 Balance to credit of fund on this statement 1.5, 940 79 Compare Mr. Baker's testimony, page 6, and Mr. Clephane's, page 25, as to issne of certificates, with Baker's testimony, page 31, and his account of certificates sold, page 69 of answer. Having sold $331,760.66 of certificates to cover $291,801.30 of taxes, a large por- tion of which were not properly assessed, Mr. B. says the school-fund (and of course the police-fund) derived no benefit, because a balance of $229,000 of certifi- cates has not been sold. If there was an overissue of $40,000 December 31, 1873, why should they propose to issue $229,000 more ? <^)f this $331,760.66, about 10 per cent, belonged to the.police-fund, which would make above balance about $49,000. Mr. Stauton announces that the defense has closed its testimony with the exception of supplying certain documentary proof, called for by the board. Thereupon the committee adjourned until 11 o'clock to-morrow morning. AGREEMENT A8 TO ARGUMENT. 1057 Tuesday, Maij 12, 1874. The committee met at 11 o'clock a. in., pnisnaut to adjounmient. The journal of yesterday's proceedings was read and approved. The Chairman. It was the niteiition of the committee to take the tes- timony of ]Mr. J. j>lickensderfer, jr., this morning-, but on consultation with him we find there are one or two matters that he desires to examine a little further. We will, therefore, postpoDC his examination until to- morrow morning. As the testimony on the part of the memorialists and the District government is practically closed, the question presents itself as to the course counsel may desire to i)ursue with reference to argument. The committee have consiing that I have estimated the curbing ar()nnd tiie circle as straight curbing", whereas .Mr. Sanu) estimated it as circular curbing. 1960 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Jewett: Q. Will you Just state, then, why you estimate it as straiglit? — A. I estimated it as straight simply because it is dressed straight. It has noue of the elements of circular curbing. It is merely straight pieces of curbing laid one after the other as nearly as may be in a circle, aud as I conceived the additional value of the thing consisted in the dress- ing of it, and as it did not receive that dressing, I did not so estimate it. [The witness resumed the reading as follows:] BIickeDsderfer. Samo. Sewer 1, 033 yards. 541 yards. Parking? 136 do. 109 do. (trading 10,562 do. I should perhaps say, in reference to- the brick sidewalks, I have less than half that he has; that I did not estiniate any sidewalks, on the north side of Massachusetts avenue, adjacent to Senator Stewart's property, as I found none laid there. It has been said to me that that brick pavement was laid, and was afterward taken up, and probably was lying at the time that this measurement was made by Mr. Samo; but as I did not find it there, I did not measure it. This is all I have of P- street circle. By Mr. Thurman : Q. Had there been some grading done at P-street circle ? — A. Yes, sir. Q. For what reason was it you were unable to calculate that grading? Was it for want of profiles"^ — A, Yes, sir. Q. Who was with you to furnish you with whatever data the District government has to show in regard to the amount of work that had been done f — A. Mr. Oertly and Mr. Forsyth at the time. Q. Did they present to you any ]>rofiles ? — A. No, sir. Q. Nor any bench-marks nor anything of that sort ? — A. No, sir. Q. They had nothing, so far as you could discover, in their posses- sion from which to tell the original contour of the ground? — A. I asked Mr. Forsyth whether he had auy profiles or cross-sections of the work, aud he said he had not. And all I could find by inquiry afterward at the office of tlie board of public works was a ])rofile of Massachusetts avenue from the circle westward, and of New Hampshire avenue from the circle southward. But they commenced at the circle, and, although the profile of Massachusetts avenue covered a part of this work for which grading was estimated originally, yet it was simply a center-line profile over it, which I did not like to rely upon for determining quantities. Q. Have you before you there the amount of grading which is esti- mated for for P-street circle"? — A. Yes, sir; 10,502 yards is what Colonel Samo makes it. Mr. Mattingly, He said he approximated it. The Witness. I was just going to say that it might be i)roper for me to say that the calculations that I made from the heights of the ground as they appeared around the outskirts of the work made it about 10,000 yards — nearly what he made it here. I Co not know but what there were a few yards more. I thought that there probably was no great difference in the true amount, though probably this statement was not far from the truth. Q. State to the committee whether you and Colonel Samo agreed as to the basis as to what should be measured constituting P-street circle. — A. Mr. Samo was with me upon the work, and I had him point out to me exactly what he had included within his measurements. Q. You measured the same things ? — A. Yes, sir, with one exception. TESTIMONY OF J. ISIJCKENSDERFER, JR. 19G1 That is this : that in running- the cuibini;- back from tlic circle on the streets that h^ad away from it, I understood hini to say that he had measured the curbing in all eases down to the end of the granite curb that had been sef there, whereas I oidy measured it as far as the building- line of the adjacent property, a little less than he did. Mr, Stanton. And also with the exception of brick pavement adjoin- ing Senator Stewart's? The Witness. I explained before: I measured none because I hnuul none. Wh<'ther he did or not I do not know. I do not recollect whether he explained that to me. By Mr. Stewart : Q. Have you got the aggregate of the charge ? In soaie cases you overrun, and some you fell short. How does the aggregate run of P- street circle? — A. Yes, sir; I made a statement of it in dollars. I car- ried out the quantities that 1 found, at the same rates that I had fouud charged in the governors answer for similar work by Mr. Sanio, and adopting- Mr. Samo's quantity for the grading-, I made it ><74,780.97, but I made another statement here that I should explain — the limits that had been adopted by Colonel Samo in making his measure- ments, when (tarried across the streets adjacent to the Government reservation that lies right by the P-street circle, which quantities were carried in these amounts, or appear in here. The limits that he adopted in going across the streets, it seemed to me, were scarcely correct, and in order that there might be a comparison, I made a statement of the ditfereuce that would exist in the quantities supposing that my method of considering the intersections was ado))ted. It is simply this : It is a little difticult to explain without a diagram. [Witness pre])ares a diagram, and explains fully to the committee.] The Witness. That amounts in this case to $1,011. 41>, adopting the same piices that had been charged before. By Mr. Stewart : Q. Then, adopting the same basis that he adopted, what is the differ- ence in the result ? — A. I did not calculate the ditterence. I gave the result a moment ago. By Mr. Mattingly : Q. It would add that thousand dollars to that amount? — A. Yes, sir. By :\Ir. Stewart : Q. It would make about $5,000 difference .'—A. It wouhl make 84,751 if you deduct that, and it would make 8o,750 if you did not deduct that. Q. If you adopt his theory, the dilfcren(;e between your estimates would be about 8-^,000 ?— A. Yes, sir; 8^,750. Q. Your basis was 81,000 more? — A. l^es, sir. By Mr. Stanton: Q. Can you tell what is the difference in charge for the brick pave- ment — the adort. TIh^ Witness. What the difference in ([nantity would be^ 1 do not know, for 1 ayment made by the governor? Was it made on the re\ised estimate? :\lr. Mattingly. Ou the first estimate in the first instance, and that was afterward corrected froai the Treisury De[)artmi3nt. yU: TiiURMAN. The auu)unt covered in ? Mr. Mattingly. Yes, covered in. Mr. Stanton. The United States Government got the benefit of the correction. Mr. IIiBBELL. That nuitter was all explained by the governor. The Witness. The measurements at Rawlins Square are as follows : BawUiifi Square. Blifkeusdcrfor. Saiiio. Asjilialt carriage-way 3, 211 yards. '.I, U')'.\ yari^.s. Col)l)lc-st()iie carriage-way 3, 098 yards. 2, 998 yards. Wood caniagc-way 97 yards. lirick sidewalk 3, 555 yards. 3, 317 yards. Asphalt sidewalk 41 yards. 35 yards. Ciirliiiig, straight 2, 845 feet. 2,932 feet. Curliing, circular 59 feet. 18 feet. Parking 1, 172 yards. 1, 117 yards. Sewers 994 feet. 729 feet. ' AVood fence (i71 feet. Grading 5, 136 yards. liy the Chairman : Q. ^Vhy did not you estimate the grading? — A. For the same reason that I could not estimate it at Scott Square. There was no data that I thought was such tiiat I would like to bavse an estimate upon. (^). Now state the comi)arative cost. — A. I make the cost of it, with my (piantities,'ss22.210.31. As stated in the governor's rei)ort, after making the correction, it is $22,303. 70. Colonel Samo nuikes it, as I understood him to say, 822,371.95. 1 did not go over his figures. By Mr. Tiiurman: Q. AN'hat was it before the correction was nmo2 where you have 2,845. . Those are the only two cases where he has more than you, and the difference is very small. The Witness. My sum is smaUer tlian his. Q. Now your aggregate in dollars is less than his, but your aggregate in amounts, it ai)pears to uie, is larger than iiis; that is the reason 1 do not understand the difference. — A. He has more street curbing than I have. I have not analyzed that to see, becausa I carried out my quan- tities, and I thought correctly. 1 am perfectly willing to have them examined. The Chairman. Mr. Mattingly, after it is printed you can see.- The Witness. I was going to say, there was in this case two of those intersections, counting tha Icalculated. Oneof them has but little work done u[)on it, the other is completed. One amounts to $340.05, and the other to $12,073.21. By Mr, Stewart : Q. What is the comparison counting those in? — A. Counting them in, I make the quantity 21,043 and some cents less than he does. Count- ing- them out I make it 1,700 less than he does. It is possible, Mr. Mat- tingly, I may have made some error in extending these things. Mr. Mattingly. I should think it very likely. The Witness. K you had called my attention on yesterday to this I should have gone over these figures again. Mr. Mattin&ly. If I had known it yesterday I certaiidy would have done so. The Witness. These are all the measurements I made of carriage- ways, sidewalks, and pavements, and matters of this kind that are vis- ible, with one or two slight exceptions that will appear as 1 go on. I desired to get some points, if I could, where I (tould determine the quantity of grading and institute a comi)arison, and I therefore next turned my attention to these i)oints and selected somewhere. I did not pay any attention to the carriage-way, of any consequence at least, and sinqily devoted myself to the grading. The Chairman. Take up those cases, if you please, now% The Witness. One of the first of those that I undertook was New Hampshire avenue. Do you Avish me simply to read my results, as I did before ? The Chairman. Yes, in your own way. The Witness. In measuring New Hampshire avenue I nuide the amount of enibaidiment 07,054 j^ards, and the excavation 04,S5S yards; the two togetlier, 132,512 yards. In this is included 23,279 yards between H and Ninth streets, near the lower end of the avenue, which was taken up by the contractor who did the work on Virginia avenue and hauled into the Virginia avenue embankment, and paid for, with a slight exception that will api)ear hereafter, as Virginia-avenue work, leaving 109,233 yards for New^ Hatnpshire avenue, counting excavation and embankment botli. The charge against the Government, and in the governors Answer, is 149,484 yards, the difference being 40,251 yards, it you take excavation and embankment both. Of the work on New Hampshire avenue, by referring to the vouchers, there was allowed to the contractors on filling, to ]Mr. Hulse, 440 yards of rock at $1 a yard; 13,144 yards of grading at 31 cents; 13,580 yards of haul at 9 cents, amounting' altogether to $5,022.44. To Mr. Filbert, 8,990 yards of grad- ing at 3L cents, and 17,019 yards of haul at 10;^ cents, amounting in TESTIMONY OF J. KLICKENSDERFER, JR. 1065 the ii.iis'i'fffi^tt' to 8~>,4(>L'..")S. To Mr. Miinay, 20,385 yards of j^radiiiji' at [W cents, and LM>.;>^r) yards of haul at.">l:[ cents, ainoiiiitin.i;- to 8l7,9!)8.3l — .,j.oiv<>atc, 8-!i>,()S;>.'J!) paid to tlic contractors ; but to tliis must he added si,.")!)!! that was (iharjicd to this avenue out of payments made to i\Ir. Van- denberg-, who did the work on Virf^inia avenue, I suppose, because lie tooiv a portion of the earth out of New Hampshire avenue when he hauled it down to Virginia avenue — of course I do not kriow the reason — nuikiuii-, with that addition, total i)ayments of 833,.>8;>.-Jl) to contractors lor work on New Hampshire avenue. The cliarge to the United States Government is 141),484: yards of grading at -iO cents; two-thirds of it, I should say, amounting to 83!),804.40, being $0,281.11 over the total pay- ments to contractors. Q. Then the payments to contractors included the whole; the charge to the (iovernmeiit was onl\ for two thirds '. — A. Yes, sir. Q. Then he should take two thirds of what was paid to con- tractors and compare tiiat with what was charged to th(^ Goveru- iiieiit ? — A. I have made a statement of that kind just following here. I have made an additional statement. I tind that the contractors in several cases have been actually over[)aid. They have been paid for larger quantities of earth-work on this avenue than they actually performed, or than 1 can lind by measurement, and so I have made a statement of that, which comes next. The correct allowances to the contractors, as 1 think, to Hulse, 4GG yards rock grading, at $1 ; 8,971 yards of grading, instead of what I read before ; 13,000 yards, at 30 cents; 9,437 yards of haul, at 9 cents; amounting to $4,00(3.03. The actual payment to Hulse, $5,022.44 ; Hulse overpaid, $1,015.81. To Murray the (correct ainonnt should be, 20,800 yards of grading, at 30 cents; 20,800 yards hauling, at 31:^, making $12,740, while the actual l)ayment is $17,998.31 ; overi)ayment, $5,258.31. Then, 1 say, the cor- rect charge against tlie Government would be the correct quantities repeated at the contractor's i)rices. 1 have it in detail, and I will read it if you desire. The Chairman. You Jiad better read it. The Witness. 400 yards of rock, at $1 ; 38,701 yards of grading, at 30 cents; 9,437 yards hauling, at 9 cents; 17,019 yards haul, at 10| cents ; 20,800 yards, at 31:^ ; and the amount charged to this avenue that was made to Vaudenburgh, $4,500; amounting' to $20,009.21, two- thirds of which is $7,339.47. The actual charge against the Govern- ment, $39,804.40 ; the excess, $22,124,93. These are my results on New Hampshire avenue. By Mr. Jewett : Q. What was the distance between the point of excavation and point of eml)ankment ? — A. I could only answer that by referring to the nui]). 1 do not know from recollection. Q. In this calculation you gave the board of public works the benelit both of excavation and of eml)ankment / — A. 1 don't know that 1 fully understand you. (}. In this charge — this amount — was the contractor i)aitl both for ex cavation and eml)aidaym(Mits to contractors are ex- tra(;ted from the vouchers tinit were furnished to me by the board of public works — simply their statement of the account. Q. Just turn to the first part of this statement where you give the number of yards of excavations. 1966 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. The total excavation, iucluditig that which went on Virginia avenue, is 04,858 yards. Q. What of embanlcnient ? — A. 07,054. Q. Together, what do they make ?— A. 132,512. Q. When reduced to dollars, what does it make ? — A. That depends upon what price yon attach. Q. In ascertaining the result, do you make no allowance for the em- bankment ? — A. No, sir ; except for the haul — the excavation and the haul. 1 take merely figures from the vouchers — what they paid to the contractors. I have made no other calculation. Q. The length of the haul you cannot- tell ? — A. I could, but I don't know it now. Q. Was there a profile of that avenue? — A. Yes, sir. Q. Had you the benefit of these cross-sections ? — A. Yes, sir. I should perhaps explain. I inquired for profiles or cross-sections, and I found they were in existence for the work on this avenue with several excei)tious ; that is to say, the work between P-street circle and the embankment at M street, the notes were comi)lete; for the work between H and G streets, and tor the embankments between Twenty- first street and Pennsylvania avenue, the notes were complete ; but for the excavation between I and H streets there were no notes; and for the fill north of P-street circle there were no notes. Q. Where the excavation was to be done on that street, was it sim- l)ly the roadway, or did it extend from house to house, from building- line to building-line — New Hampshire avenue t — A. The excavation did not extend to the l)uilding-line. Q. How was the profile and cross-sections"' — A. It extended clear to the building-line. Q. Did you then make calculation as to the work actually done ? — A. 1 did. Q. And not as to the amount included, taking a profile and cross- section, and calculating from that, and supposing it had all been done? — A. No, sir; the profiles, of course, and the cross-sections, properly speaking, give you the means of determining all that actually would be required to be done. That is not what I want to say. The cross-section would give you the means of determining the work that was done or could be done between the building-lines, and by an examination of the present condition of the cut and comparing it with the cross-sections, it would determine what had been done; that is what I did, which is not all taken out yet between the building-lines. I measured wliat was actually taken out. By Mr. Stewart : Q. In measuring these fills did you make any allowance for settling of the different materials? — A. No, sir, I did not. I assume that it was all filled. I measured it on the supposition that it was all — not any supposition, either ; I measured it actually as it stood. Q. Is it customary in measuring up work to measure it up when it is green, and in measuring it up when it is green do you make any allow- ance as to what it will be when it is settled? — A. It is my custom to make allowance when I measure it green. It will, when settled, be ac- tually less than it now appears to be when it is measured green. Q. So that when it is measured green you aim to get at what it will be after it is settled? — A, That depends upon what object I have in view when 1 measure. If I measure with the object of paying the contractor for work on the supposition that 1 am paying him in embankment, why TESTIMONY OF J. BLICKEXSDERFER, JR. 19G7 then liis contract requires him to complete it as it will be when fully settled. Tlien if I make a partial i)ayment during the projiress of the work, whiU' the work is green, J aid^inent is more than excavation, is it not ? — A. I cannot answer that off hand. Q. According to your jjaper ? i\Ir. Stant(jN. Yes; it is about three thousand. The Witness. You use the word " charge." Mr. Mattin(;ly. The number ol' yards measured by yon. 1968 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. If you ask me for the Dumber of yards measured, that I can answer at once, " Yes." By Mr. Thurman : Q. If you take out a cubic yard by excavation, it will make more than a cubic yard of green embankment? — A. No, sir 5 it will not make a yard of ordinary material. It will make less than a yard of embank- ment in ordinary material. Q. I mean before it has settled — a green embankment. You take out a cubic yard of solid earth, ami will not that make more than a cubic yard of green embankment ? — A. No, sir; it will not make a yard, unless it is rock, sand, very dry gravel, or something of that kind, and very rarely in that, except rock. Q. It will not be as solid in the embankment as it was in the original place in the earth f — A. I cannot answer that question; but I only knoT\' this fact, and I can call to your mind an illustration, probably. If you dig a hole in an ordinary Held, where there is tillable lai]d, say two feet square and three feet deep, and throw the earth out and then shovel it back again, the earth will not fill the hole. Mr. MxiTTiNGLY. Mr. Samo has just told me that, in laying a 36-inch main, after the pipe is laid, if you throw back the earth it will not be sufihcient to till up the cavity. Mr. Thurman. 1 know that is one of the curiosities of tliis thing. The Witness. That is one of those things that happens in nature. In regard to rock — that is, broken-up stone or something very nearly approaching to rock that is broken up — it will more than fill again. It will increase, and, in some cases, the rock will make nearly two to one. Mr. Thurman. That is because of the interstices'? • The Witness. Y"es ; I suppose so. The Chairman. What would be the amount of additional fill required in embankment of that character? The Witness. To lu-ovide for settlement? Q. Yes. Such material as you found there; of course, much depends upon the character of the under soil ? — A. Not much ; not generally. Q. What would be the ordinary additional fill required after six months? What I wish to get at is this, whether there is any material additional fill required after a settlement, sa^^ of six months, on an embaid^ment of that character. — A. It depends much upon the mate- rial and the character of the weather in the intervening time. Q. Y^ou say material? — A. Take that material. If there has been much wet weather during that time it will probably have settled down two-thirds of the settling during that time, and not more than that; there will still be something required, and I should think it depends, too, upon how it is constructed. If it is laid with carts and driven over, it will settle less than otherwise. If that embankment \\as built with carts, it probably, after being freshly completed, would settle from one-eighth to one-tenth of its height, and I think perhaps two-thirds of that would be done the first six months, if there was much wet weather; if dry, very little would go down. Q. Go on with the next. Mr. Mattingly. Before he leaves this New Hampshire avenue I would like to have the witness state whether he included the work that had been done in the filling over Slosh Run sewer; yon got your cross- section from Mr. Barney ? — A. Y^es, sir. Q. Do you know whether these cross-sections were used after a por- tion of the work had been done ? — A. Y'es, sir. TESTIMONY OF J. BLICKENSDEKFEE, .IK. 1969 Q. Have you iiicliulod this in yonr statement ?— A. Mr. Harney ad- vised nie ()f"^tl)at fact, and tlieroniton I asked Mr. Barney to give mean estimate of the amount of tillinj;- that had been done over that sewer, as near as he couUl jiet at it from sueli information as he had in his ])()ssessiou before he took his cross-sections that he furnished me, and 1 inchuled that in my statement. By ^Ir. Wilson : Q. That is ah-eady taken into the account ?— A. Yes, sir. ]\Ir. TiiriiMAN. Proceed to the next point. The Witness. Another phice that 1 measured was Yiruinia avenue. I suppose it is not necessary to .yive them to you in the order I made the measurements. Upon this avenue 1 was lurnished with comi)lete notes showing- the protile and cross-sections of the entire avenue. 1 ex- amined them and examined the reductions, as I did upon Xew Hampshire avenue, and my results are based upon the information obtained from, these notes chietiy. The grading, incbiding tlie reservations at the in- tersection of G and Twenty-fifth streets, and the quantity taken from the limits of New Hampshire avenue, between H and O streets, I made 1(IL',(>~>T vards. There was allowed to the contractor 10o,()00. There was charged to the Government 1()4,()()0 yards. The amounts credited to the contractors were 1(),()00 yards of old hard gravel, at 40 cents, 1>;5,()0() yards of earth at 'M) cents, 103,000 yards haul at 34 cents, amount- ing to 857,304, the amount charged to New Hampshire avenue and deb- ited to this Virginia avenue $4,000, leaving 802,864 as debited— I mean credited to Virginia avenue, 80lVS<)4 as debited to that avenue. There was charged tiie United States Government 104,000 yards of grading, at 40 cents, and 104,000 yards of haul at 36 cents, making 879,040, two- thirds of which is 832,()1)3.33. The correct charge to the United States Government would be two-thirds of the amount credited to the contrac- tors—that is, two-thirds of 862,804, being $41,909.33. The overcharge to the Government $10,784. By the Chairman : (}. That is on the assumption that the Government would pay what the board of public works had paid ?— A. I have assumed that all the w;iy through — the same rule. By Mr. TiiURMAN : Q. Have you anything more to say in regard to that avenue ? — A. Nothing now ; I will refer to it again when I state to you what I did on G street, which intersects the avenue. On G street, between Twenty-fourth and Twenty-sixth, the grading — upon this street I was furnished with complete notes showing profile aiul cross-sections throughout. I may say that in all cases where I was furnished with these notes I took them — not only the cross-sections and the profde, but the original note- books, and went upon the ground with an instrument and an assistant, and exiimined them, whenever I could find [)oints that would afford a comparison to enabh^ me to test the probable accuracy of these works. I became so well satislied with them that I thought they might be re- ceived, and upon that b.ised my calculations. The grading I make 12,402 yards. There was allowed to the con- tractor 10,239 yards. There was charged to the United States Govern- ment 3;),809 yards ; overallowance to the contractor, 38,037 yards ; over- charge to the Government, 21,407 yards. Now, the statement in dollars of payments to the contractors is 1,843 yards of rock-excavation, at $1 ; 2,638 yards of hard gravel, at 40 cents ; 124 D C T 1970 AI FAIRS IN THE DISTRICT OF COLUMBIA. 11,758 ynrds of enitl), at 30 cents; 1G,239 yards of haul, at 15 ceuts ; making $8,801.45. Tliere was a charge to the Government, 33,801) yards of grading, at 40 cents; 33,809 yards of haul, at 3G cents, UDaking $25, 694.84, five-sixths of which, owing to the reservations lying opposite to it, was $21,412.30; the excess of grading, $12,550.91. In this work there is, besides the overcharge on grading, an additional overcharge on sewer, the Government being churged with 2,000 linear feet sewer, whereas there are 730 feet on the work. This excess of 1,336 linear feet, at $4.70, would be $0,279.20, five sixths of which would be $5,132.07; making the total overcharge to the Government of $17,083.58. In ascertaining the quantity on G street and on Virginia avenue, I calculated up the notes and cross-sections that were furnished to me. I make very little ditierence in the total reductions between those that were made by the engineers. 1 did not in all instances make the entire calculations, but I made enough to satisfy nie of their credibility, and received them ; but gener- ally 1 Avent through so much of it that I did not think there was any doubt in regard to it; but I find that where G street and Virginia avenue intersected each other — I have a little map of it here — as 1 said, I found the reductions and the total quantities tally very well with what 1 made them ; but 1 found between where G street and Virginia avenue intersected, one man having the contract for the work on Virginia avenue ami anoiher one for the work on G street, that both contractors had been paid the full quantity of the notes, so that that quantity — within the intersections — had been duplicated; and I have allowed the quantity to the avenue and taken it out of the G-street work, because 1 have generally taken the course that the avenue, the whole length, should be allowed for. By Mr. Mattingly : Q. Does that account for the discrepancy you stated a. few moments ago i? — A. That is the discrepancy. Q. Who were those contractors ? — A. Mr. Vandenbergh was the con- tractor for the avenue, and Mr. Zug was the original contractor for G street, but failed, as 1 understood, and Mr. Fletcher succeeded him and comi)ieted the work. That explains this difference in the number of yards, for it is just 38,037 yards, or within a fraction of it — overpayment. By Mr. Wilson : Q. That is the overpayment to the contractors'? — A. Yes, sir ; the overallowance to the contractors. 1 cannot say here which did the work first, but it is an overpayment to the man who did it last, I sup- pose. By the Chairman : Q. The Government paid for both, 1 suppose, also ? — A. Yes, sir. The V\ 1TKES8. Another i)lace I examined was Maryland avenue. 1 had notes of this entire avenue furnished me. 1 examined them in the same way, and then calculated the results. I make the grading, as allowed to the contractors, 221,208 yards. The amount charged to the Government is 257,785 yards, the difference being 30,507 yards. The allowance to the contractors in dollars is as follows : There were two contractors on that avenue ; one had one portion, and another had another ])ortion. Gleason, 159,022 yards of grading, at 30 cents; 4,235 yards of haul, at H tents; 4,.^89 yards of haul, at 5i cents; 130,000 yards of haul, at 9 cents ; 19,898 yards of haul, at 22i cents; and 3,177 yards of lockexcavation, at 70 cents. I should say this 3,177 yards of TESTIMONY OF J. 15LICKENSDEEFEK, JR. 1971 rook is part of the 151), ()()() yards of ^radiiifi', and tliey i)aid for it as .yradinji' at 30 cents, and the price for lock being- $1, they only paid him liere the ditference, 70 cents, making" altogether $0G,4r;jl).07. To iMur- l)hy, the other contractor, 11,L*2L> yards of grading, at 40 cents; 48,024 yards, at 30 cents; -4,oL'0 yards of haul, at 5 cents; 37,920 yards of "liaid, at 9 cents; making 824,725.34, and the two together, 891,105.31. The charge against the Government was 238,043 yards of grading, at 40 cents: 23S,(i43 yaids of haul, at 15 cents; 088 yards of grading, at .">0 cents ; 12,244 yards of grading", at 30 cents — L beg pardon, 1 got a little ahead of my story — 238,043 yards of grading, at 40 cents; 238,043 yards of haul, at 15 cents, of which two-thirds of it was charged to the Government, being in the avenues. Then there was woik about Stan- ton Place, that lies in the avenue, where there was 0.'5S yards, at 30 cents, of which five sixths was (diarged to the Government ; 12,244 yards, at 30 cents, of which all was charged to the Government, being within the 8(|uare, and 3,173 yards of rock, as I stated before, 70 <;ents, two- thirds of which went to the Government, making altogether 892,830.23; the excess in charge to the Government over the total cost of the avenue, 81,0«i4.92. The correct charge to the Government on the basis (»f the board would be two-thirds of the jtayments to Gleason ; two- thirds of the i)ayments to .Murphy for work on the avenue; tive-sixths of the payments to .^Iiuphy for work outside of Stanton Place, and all the l)avm«Mits to Murjiiiv for work inside of Stanton Place, amounting" to 802.90t>.77. The actual charge, $92,830.23; the ex(;ess, 829,92().l(i. that completes .Maryland avenue. By Mr. I^Iattinglv : (). On that, were you informed that old work had been done there which was charged to the (Tovernnuuit ? — A. I was told there was old work done. (}. Have >ou included that in your statement? — A. Xo, sir ; 1 have not mchided that. (). You did not measure it.' — A. Xo, sir; I had no means of measur- ing it. P.y ^Ir. Stanton: Q. Did the cross-sections indicate a dcjirc^ssion ? — A. They di.")O.SO, which, if there was no allowance made for lowering these mains, wiudd amount to 82.00 per cid)ic yard for the <'arth rcMuovi'd. On Se\'enth street, be- tween K and (i, I bkcwise measured the grading, 12,150 yards; it was I»aid in the sanu' way, anion nting to 820, 137.91, or 82.15 per s(|nare yard. 1972 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. For excavation ? — A. Yes, sir ; it was allowed in days'-work ac- count ; but that is, dividing; the amount by the number of the yards, it would jnoduce that result without luaking- any allowance for the lower- ing of mains or anything of that kind. This is all I did in that neigh- borhood. I likewise examined Second street northwest, between Penn- sylvania avenue and Eighth street. I had no profiles furnished me for tiiis work. I could tind no notes of any kind in existence. The only method 1 had of determining the quantity was to go along the street and make my own notes the best way I could. I did it for the purpose of making the attempt, at all events, and you have the result and can give it such credit ns you please. I tried to find the marks, on the side of the buildings, of the original pavement, to see how much ground had been cut down, and then I examined the ground on both sides be- yond the work, in the lots and beyond the building-line. In some places it had evidently been tilled, and in others it had been cut down, and in at least one case I found a telegraph-pole standing in the path with a mark on it where the earth had evidently been cut down. From notes of that kind, and from what information I could get from some gentle- men who were with me, I determined the quantity as well as I could. There has been no excavation done south of Indiana avenue. The pavement across Indiana avenue remains — the old pavement; it is not disturbed; and below that, south of IST, it is all tilled; so that I have examined simply the cutting from Indiana avenue north to H street. I make the quantity 9,100 yards. There was allowed to the contractor 24,333 yards; over-allowance, if I am correct, 15,227 yards, or an over- payment to the contractor. He was paid 15 cents a yard — 10 cents for excavation and 5 cents for haul, or $(>,S52.15. Q. Who was the contractor there ? — A. Follausbee. This is all that I have looked at and brought to a final conclusion. I have looked at some other places, but in the first place I found my time very much occupied, and in the next place I could not always find notes or data of a character sufficient to enable me to get at anything that seemed satis- factory, and I did not pursue them. 1 will just say this in regard to Sec- ond street, that I should have said perhaps while 1 was upon the subject. There is an allowance to the contractor, 21,333 yards. If you will take the entire length of Second street, from Indiana avenue to the north side of H street, and the entire breadth from building-line to building-line, including the whole limits within which this work was done, it would have to be excavated for the entire length and the entire breadth, 3 feet 3 inches, in order to make this quantity of yards that is allowed to the contractors. I think there is abundant evidence, at least, to show that it is impossible that it could have been excavated to that depth. By the Chairman : Q. Who was the engineer ! — A. I don't know under whose (direction the work was done, but the certificate to Mr. Follausbee is signed, I believe, by Mr. Forsyth. I have it here somewhere, [producing the cer- tificate.) I find it is signed by Mr. Forsyth, assistant engineer, and E. C Phillips, engineer of the board of public works, in charge. By Mr. Stewart : Q. Have you the certificate of the engineer doing the w^ork that you have been over f Whose work was jSTew Hampshire avenue? Who was the engineer on Xew Hampshire avenue f — A. I will have to refer to it. I think they w^ere partly — indeed I don't recollect, but partly certified to by Mr. Forsyth and partly by Mr. Phillips. 1 think the Hulse work TESTIMONY OF J. ULICKENSUERFER, JR 1970 was — indeed I reineinbor dow tlie work for Tlulse was certified to by Mr. Forsyth, and tlie work for Murray by jMr. Barney. Q. How was it on A'iri>inia avenue ? — A. Tliat is by Mr. liarney, and on G street tlie same 1 believe. I)y ^h: Stanton: (}. Who .nave you information respecting the original contour of the ground on Second street ' — A. ^h: Henry S. Davis. Mr. ]\IATTINGLY. On Second street, your statement as to the (juan- tit> — is that merely an excavation ? — A. That is all. (j). It does not include any embankment or filling t — A. No, sir. i^. It is between Indiana avenue and H street ? — A. Yes, sir. Q, Did you examine Second street between Pennsylvania avenue and Indiana avenue ? — A. I walked over it. I didn't give it as close ex- amination as the other part. Q. Did you notice their hauling brick there ! You have not included that in your statement. — A. No, sir. Q. This statement of Mr. Forsyth is from Pennsylvania avenue to II street '? — A. I suppose it is. (^>. I want to get at what you did. — A. I understood, however, that they paid for excavation and haul simp,ly, and that certificate so says. It (iocs not say excavation ; it says grading and hauling, I believe. The CiiAiUMAN, (to Mr. ^Mattingly.) You asked a question in regard to Virginia avenue, whether the witness took into account any old Avork. Mr. Mattingly. Maryland avenue, there is a difference of 1*0,000 yards. The Chairman. I should like to understand. It is claimed that the act of Congress making appropriation, provides for the payment of old Avork when that old work is replaced by new work. Mr. ^Iattingly'. Not rei)laced ; it is additional work. The Chairman. Was it the intention of the act of Congress to pay for any old woik done under the former government of the District nnless that old work remains? Do you get my idea ? Here the old government had graher than ])aid to the contractor. Q. If you have in your notes or mind any other case where such discrepancies occur, I would like to have you state then>. — A. On Mary- land avenue the haul i)aid to the contractor varies from ]| cents to 1*1*^ cents, but by far the lar^^est part of it — three-fourths of it — is char,s:;ed at cents, and to the Government it is all charged at 15 cents. P.y .Air. Thur:\iax: Q. The haul f — A. Yes, sir. You understand that I do not mean to say that the Government is charged lo cents, but in making up the amount it is calculated at 15 cents, and then a proportional part of it is charged to the Government, two-thirds or live-sixths, whatever it maj" be. The committee here took a recess until - o'clock p. in. The committee re-assembled at 3 o'clock p. m. Examination of Air. Bltckensderfer continued. By Mr. Jewett : Q. In your statement of the amount chargeable to the Government for work which yon have examined, have you made anj' allowance to the District for engineering '! — A. Xo, sir ; I have not. Q. Should there be an allowaiH;e made to the District for the expense of engineering, superintending, &c. '. — A. 1 think something should be allowed over what is i>roperly paid to the contractors to cover that and other gciKMal expenses. (^. What would you regard as a reasona\)le allowance ? — A. AVell, I think, in work of this kind, 5 per cent, would be a good allowance — plenty. Q. You thiidc 5 jx'r cent, would be a good allowance for work of this kiml ? — A. \'es, sir. i). ^Vilat would be a reascmable allowance ? — A. It depends some- what upon the actind condition of thi!igs ; I thiidc where work is so compacted as it is about a city, where you are not obliged to travel very far, that e\'en something less than 5 i)er (;ent. would answer, yet I would have no objection t(» an allowance of 5 per cent.; i)robably ;> per cent, would cover it in most cases, (^>. In addition to the Avork that yon have tested, which you have ex- l>lained this morning, have you examined generally other work in the city ? — A. .Sonn; other work ; not a large amount of it. (}. IIa\(' you applied to the engineers for information tonehiiig any other work ? — A. Yes, sir; some other. Q. What engineers have you talked with on the subject ? — A. I made my formal ai)pli<;ation to Mr. Cluss, the engineer of the board, and he relerred nw to Mr. Jiarney frequently; I have had conversations with those two. 1 liaxc likewise conversed with ."Mr. Forsyth and some with Mr. Oertley. Q. Have they exhibited to you from t ime to time notes of any kind in reference to work '.' — A. Y'es, sir; they have exhibited the notes of 1976 AFFAIRS IN THE DISTRICT OF COLUMBIA. this earth-work that I examined to-day, as I explained before, and of some additional work. Q. Have they explained to you the steps taken by them to ascertain the quantity and character of the work done from time to time to any extent ? — A. 1 do not recollect that they made any very specific explana- tion, because I supposed there was but really one method, and that was by going on to the ground with an instrument and taking such notes as would enable one to make a section of it and profile. Q. From your knowledge of work of the character done here and as an engineer, did you find anywhere evidence of the proper steps having been taken before the work was commenced? — A. Yes, sir; in those cases, on portions of New Hampshire avenue and on Virginia avenue and G streer, and about the Post-Office, there was every indication about the notes that they had been properly taken before the work was com- menced. Q. How as to the balance of the work that you talked with them about ? — A. No, sir ; I do not recollect any other case in which notes Avere furnished to me that seemed to me to be of the right character as taken before the work was commenced, but I was informed by them when asking for this kind of information and notes that upon a great deal of the work they did not have any cross-sections or any notes taken — that it was commenced, and a great deal of it executed, before they had any information that the contractor was at work, or before they could take the notes ; that they were very much hurried frequently, and frequently they did not know anything about it until ground was broken and a great deal of the work performed. Q. Is there any other way to keep accurately an account of work done, settle questions of quantities, than of a profile and cross-sections previous to its commencement I — A. I think no other way. Indeed, I would not have any idea of any other Wiiy excepting that you refer to earthwork. Mr. .lEWETT. Yes. The Witness. Yes, sir. Q. If done in any other way it must be by mere estimate or conject- ure? — A. I can see no other way after the work is commenced or par- tially executed. Q. Did you find, so far as your examination extended, any instance in which the n)easnrements were accurate ? — A. I have had no reason to doubt the accuracy of the measurements, as I stated before, for earth- work on portions of New Hampshire avenue, and on Virginia avenue, and on G street, and about the Post-Office; I refer to the measurements as furnished to me in the notes from the engineer's office. Q. AVhat proportion of the whole work in the city did you examine ? — A. It is hard for me to tell ; but I do not suppose I examined 5 per cent, of it. Q. Had you occasion to examine their accounts, vouchers, estimates, and settlements to any extent ? — A. Yes, sir ; I examined the estimates and vouchers in connection with the work that I was examining; not beyond that. Q. Were they generally made up on any system, or were they mixed so as to leave the result in doubt 1 — A. Well, there seemed to be sys- tem about it; I cannot say that there was any want of system; but I observed this, that when asking for the final voucher, or voucher of final payment on a contract, I did not always obtain what I supposed I did by asking for that which was the aggregate of all payments for work done under that contract, or by that contractor, but that there TESTIMONY OF J. IJLICKEXSDERFER, JR. 1977 Avere what were termed " extra bills,"' wbieli were for additional work, or sometimes part of the work, which it seemed to me belonged to that contract, but was not contained in the final voucher. Q. Did .Mr. !Samo make any explanation to you about the mistake in the nieasurenuMits on New IIami>shire avenue? — A. When I first ar- rived at my results on the avenue and tound tiuit they varied very much from the statement in the go^'ernor's answer, I requested, or at least I asked, Mr. Samo whether he could exjdaiu or tell me wherein the dif- fereuce consisted. He theu said that he had no doubt his notes and en- tries that he had made in his books Avonld show exactly how he had estimated it. 1 asked him whether he would have any objections to furnishing- me with an extract, or Just a statement extracted from his books, showing as nearly as he could the details of the items, rather exhibiting the points at which the different quantities occurred, so that I could make a closer comparison than by having merely the gross quantity. lie furnished me with that statement. Q. 13id you go with Mr. Samo, then, upon the ground '. — A. I did upou ]uost of it; not over the entire avenue. Q. Did you point to him wherein his statement did not correspond with tiu^ f\icts?— A. I did. Q. Did he make any answer to that? — A. Yes, sir; he stated that in one instance the differences he sup[)Osed might be reconciled from the fact that he had rei)reseuted certain (piantities between certain streets, whereas, in point of fact, they were between certain other streets; and then, I think, in one or two other cases he thought probably that he had included some old work that was done there before the board of public works had begun to work, and in one or two other cases he did not seem to be able to say exactly how it hai^pened. (}. Have you had any conference with (rcneral Babcock ? — A. I called upon General Babcock to ask whether he had exj)lanations in reference to any of these tilings. Q. Did you give to General Babcock and Mr. Saujo, or any one, the opportunity to explain any mistake that you found to exist ? — A. Yes, sir ; I believe I did ; at least I showed both of them the resnlts that I had arrived at, and I believe explained in every instance the quantities that I had obtained, unless it was in the case of the sewer on G street, which I only discovered yesterday, and I have not communicated with either of them since, except that 1 mentioned it to Colonel Samo here to-day; after the examination this morning. Q. Was it 01' not suggested to you by members of the committee to give to General Babcoek and Mr. Samo, ami the other engineers of the Ijoard, oppoitunitics to explain belore you testified 1' — A. It was; or it Avas at least assented to b\ them wiien perha[»s suggested by myself, or in conversation on the subject. By Mr. AVilson : (}. Did you notice anything in regard to this Iludnell matter in con- nection with New Hampshire avenue ; I believe you s])()ke (d' Iludnell in connection with New llanq)shire avenue '. — A. I intended to have said this morning in my examination of New Hampshire avenue that I had in- cluded in tlie statement of paynuMits to contractors upon (hat aveniu- all the work that 1 founon that subject, sir. I am not sure that I have detinitely answered your question. Q. Well, make it definite, if you please. — A. I should certainly not keep him at all if I found him doing it a second time, after bein;^- repri- manded the first, and I could only excuse such a thing as having been done at all by his being a young man inexperienced, or some exceptional reason — of illness, or something of tiiat kind. (). Supiiose. instead of hisbinng a young man and inexperienced, you would find him an old man of twenty or twenty-five yearvS' experien(;e, how would you excuse him then, or could you excuse liim ! — A. I can- not say how I would excuse him; that would dei)end upon circum- stances. If there was any excuse, I cannot see what it would be; it must be something that I cannot think of. Q. Suppose you would find with the same engineer errors in all these calcuhitions, and those errors always against the emidoyer, what would be your conclusion as to that engineer ? — A. My conclusion would be that I had better get rid of him right away. By Mr. Bass : Q. Was this earth-work that you examined selected as simply earth- work of that which had been done in the city, or was it because your attention was directed to those particular i)Iaces as being places as to which there was criticism? — A. My attention was directed to some of them, and to some of them I believe not; but I selected them out of those that I directed my attention to, chietiy because ui)on them I seemed to be able to get data that would lead me to a definite or accurate result — better data for bringing out an accurate result than those I found in any other case. Q. So that there were some that you selected yourself for the purpose of testing the accuracy of the work ? — A. W^ell, yes, sir, I can hardly recollect on that subject. I may say that I have had my attention called to a great many things, and I can hariUy tell which ones, aiul to which ones it has not been directed, and it maybe that they have every one been suggested to uie. Besides that, however, 1 looked around to see where I could find somethirjg that would lead me to a definite result — something that I could rely upon, and I selected these in that way. James A. MAGRtroER recalled. By Mr. Wilson : (Question. [Handing the witness a paper.] L')ok at this pai)er and see whether that ])a]>er, or one of tlu; sanu'. character, was posted uj) on the Ai:i) or Pi iii.ic WouKs, Disrijirr ok Cor.rMiirA, ll'anhhi(/loii, Scptcmhcr 'S!, 1373. Ordered, Tliat hcii'aftt'r no cUmIc oroniitloyi^ sliiiU Rive any inroiination or sliow any ufilicial iiapiT to any jn-rson not connecteil witli tin- board, nnlcss by sjiecial ilircfition tVoMi tliis (iidcc. iindci' |HMialty of .snniiuary dismissal. , J5y order of tin; \icc-|iri'.sidi'nt. C'lIAS. S. .JOHNSON, .s'e(re/«/-i/. Q. Did the board make such an order as that ? — A. \ do no! ktiow: I sup[)ose you will find it upon the journal if it is so. 1980 AFFAIRS IN THE DISTEICT OF COLUMBIA. Q. Did you see such a paper as tliat posted up on tlie doors of the ofiice ? — A. I did not to iny knowledge. I may possibly have seen it. I cannot recollect tbat I did. Charles S. Johnson sworn and examined. By Mr. Wilson : Question. Was tbat order made by tbe board of public works ? — Answer, It was done by order of the vice-president, Mr. Willard. Q. Was it an order of the board, or simply an order of the vice-pres- ident? — A. The order of the vice-president. Q. Was this notice posted up on the doors of the board of public works? — A. It was posted up about the building, I believe. James A. Maoruder took the stand. By Mr. Wilson : (Jnestion. Wns your attention ever directed to the act of June 25, ISTo, which I hand to you, containing the appropriations for raising and un- derpinning houses and raising the market-house? — Answer. Yes, sir; I have noticed that act. Q. Did you receive the bonds that are provided for in that act — that were issued pursuant to that ? — A. I think so, sir. Yes, sir. I received those bonds, and charged them to myself as treasurer. Q. You seem to have charged yourself with these bonds on the 27th of August, 1873, amounting to $790,000?— A. Yes, sir. Q. What did you do with those bonds? — A. I paid them out for the obligations of the board. Q. AVhat kind of obligations? — A. Any that came along. Q. Anything that came along? — A. Yes, sir. Q. Are you enabled to show to the committee to whom you paid those bonds ? — A. ]S^o, sir. Q. Can you not give the name of any person to whom you paid those bonds ? — A. I can give the names of half a dozen or a dozen, probably. Q. I would like to have the names of such persons as you paid those bonds to. — A. Well, sir, when I paid them my clerk was not there. I put the certificates in an envelope and marked on them what they were paid for. AVhen he came I gave him those things to charge them all up. Whether I have any of those memoranda retained or not, I can not say now. I can tell when I go to the office. It may be j)ossible some of them are there. Q. I have here some vouchers, one for underpinning houses on Bridge street, Georgetown, D. C, certificates, $7,000, issued on the 18th of February, 1873, to Samuel Strong; another for $5,000, issued March 17, 1873, to Samuel Strong ; another for $7,000 on the 5th of April, 1873, for the same thing, on the same account ; another on the 14th of May, 1873, for $17,341, on the same account; another^ on the 18th of June, 1873, for $4,000, on the same account; another July 2, 1873, for $5,000, on the same account ; another on the 19th of July, 1873, for $6,000, on the same account; another on the IGth of August, 1873, for $1,583, on the same account ; another on the IGth of August, 1873, for $10,000, same account ; another on the 22d of August, 1873, for $394, same account ; another on the 22d of August, 1873, for $610.83, same account; another on the 17th of September, 1873, for $4,872.88, same account; another for $2,938.25, on the 26th of September, 1873, same account; another on the 16th of October, 1873, TESTIMONY OF JAMES A. MAGRrJ)ER. 1981 for 815,000, same account ; anotlior on tlio 17tli of Oetol)or, 187.1, for 6300, same account; anotlier for $1,400, Ttk of January, 1874, same ac- count ; and another for $225 on the 7th of -January, 1874, same a(;count. Tliese vouchers all seem to have been for un(leri)iunin<;' houses, and issued to Samuel Stroufi,-. Did you ])ay any of those bonds to yaniuel ytrong: on account of this work? — A. Not that I know of; 1 do not. think that he ever asked for any of them. Q. Why did you not do it? — A. Because he did not ask for them Samuel Strong had made an arrauiiemcnt with a party. Dodge and Darneille, or Darneille and IJarber, to give them his certiticates. Thcy came to me freciuently to get them cashed. I did settle with them for a great many of them. Samuel Strong afterward came to me and told me not to pay any of his vouchers to anybody without his consent. Q. Did you i)ay any of these bonds to any persons on account of Sam- uel Strong? — A. I do not know. That I cannot tell you. Q. Had Mr. Strong hy])otliecated these certiticates with these parties for loans of money? — A. I do not know whether he had those or not; he had some. (}. For underpinning houses ? — A. 1 do not know what for. They told me that they had a power of attorney to draw all his. Q. And they applied to you? — A. They applied to mc for some pay- ments. Q. Did they apply to you for payments of those bonds on account of this? — A. Xo, sir. Q. And you paid none of these bonds to them ? — A. I do not know ; I may have. Q. Have you any means of knowing whether you paid any of these bonds to them? — A. Xo, I could not, without asking them. Q. Have you been a meuiber of the board of public works since its organization ? — A. Yes, sir. Q. Were you aware of the contract made Mith ^Vlr. Strong for the underpinning of these houses? — A. I knew he was doing the work. Q. This contract seems to bear date the lOtli of October, 1872; these certificates, I presume, were issued on account of that contract; anil correct about that? — A. I sui)pose so. Q. This act, to which Icalled your attention a moment ago, makes an ap- propriation of .$150,000 for raising and underpinning houses, and another appropriation of -$24,084.83 for raising and underi)inning the George- town market-house; and the same section contains this proviso, "That the money hereby approi)riated shall be paid out by the treasurer of the District of Columbia upon warrants drawn by the governor and comp- troller of the said District;'' and the second section provides ''that, to enable the governor to pay the above appropriations, he is hereby au- thorized to issue bonds of the District of Columbia bearing interest at the rate of 7 per centum per annum, not to exceed the sum of $5;U>,000, Avhich shall be sold l>y the governor, the proceeds thereof to be iiseains to ascertain? — A. No, I did not. Q. Did you pay any attention to that provision of that act! — A. I did not; and I do not think my attention was ever called to that provision of the act before. Q. You have been handling a great deal of money, sir. — A. I have, and I have accounted for it all. Q. I am not calling that in question now, but I wanted to know the manner in which you have been i)roceeding in this matter. — A. Well, sir, whenever I had anything at all, as a man came there with an obli- gation of the board of public works, 1 paid it with the best thing I had. If I had moiu'y, I paid the money; if 1 had anything else that he was willing to take, and thought was a better security than onr auditor's paper, and he could use it better, I gave it. Our effort was to get the work done, and help it along. Q. Who has had contracts for underpinning houses besides Mr. Strong'? — A. Messrs. ITollingsworth & Coughlan. Q. Where are they from ? — A. They come from Chicago. Q. Have they been paid ? — A. I think they have been settled with. Q. Have they been i)aid either in these bonds or otherwise '? — A. I think so, sir ; I know they have been paid a good deal. I do not know whether they have been settled with in full. Q. Do you know what their work amounted to ? — A. I do not. Q. If you have any other explanation to give of this than you have already given, I would be glad to have you make it, because I want to give you the fullest opportunity to explain. — A. I have no other expla- jKition, except to say that matter was not called to my attention, and that I have paid these things out for obligations of the board of public works whenever parties came who were willing to take them. I do not think those certificates have ever been presented to me. I know, as I stated before, that in this matter of Dodge & Barber, or Dodge & Dar- neille, I forget which it was, that Mr. Strong came to me and requested me not to pay any more certificates in that case. He wrote me a letter to that elfect, and said that they had broken their obligation to him to furnish him money at legal interest, and that they wanted now to take his certificates and sell them at just what they pleased, and that he did not want that done ; and sin(;e that letter of his, I have never paid any. Q. Where is that letter ? — A. I think it is down at the board. By Mr. Stanton : Q. I notice that the proviso of the first section is in these words: ^'■Frovided. That the money hereby ai)propriated shall be paid out by the treasurer of the District of Columbia, upon warrants drawn by the governor and comptroller of said District.*' Did these bonds come into the possession of the board of public works upon warrants drawn by the governor and comptroller of the District on the treasurer? — A. I think so. Q. That is the way then they came into the possession of the board i — A. That is the way they came into my possession. Q. And thus they caine into possession of the board according to the terms of the law "? — A. Yes, sir. Mr. Stanton. Now, Mr. Chairman, I will call your attention to the fact that the purpose of this act, and of this appropriation, is to re-im- TESTIMONY OF SAMUEL STRONG. 1983 burse the board of ])ubbc works of the ])istrict of Cobuiihia. Section second proxides ''that to enabUi the governor to pay the above appro- priation, he is hereby aiitliorized to issue bonds of the District of Col- und)ia bearint; interest at the rate of 7 per cent. ])er annum not to ex- ceed the sum of §530,000, which shall be soUl by tlie j^overnor and the proceeds thereof used for the purposes above specitied and for no other purpose whatsoever." [To the witness :J Were those bonds turned over to you at par? — xV. Y'es, sir. Q. And were paid out by you at par ? — A. Yes, sir. Mr. Stantox. The proceeding' then seems to liave been that tlie bonds were turned ovt-r accor(Uni;' to the terms of the act, aiul for no (►ther purpose whatever, and tliere is nothing in tln^ ]>rovision of the act to prevent tlie board from using them in the same manner as they would any other resources of the board. They could use them in the same way as if the bonds had been s(»ld at [>ar and the iuoney turned over to the board, Mr. Wilson, I am not entering into an argument ; I am trying to get the tacts. Mr. Bass. Does it appear that the board of public works did. in fact, pay for this work, or just issued its certilicate i By Mt. Stanton : Q. That, I suppose, is in the same class of expenditures that AA'as referred to by the governor the other day. The same act was referred to. These expenditures had already been made, in hirge part, had they not, Colonel Magruder ? — A. Yes, sir. Mr. Stanton. It was a re-imbursement for an expenditure already made by the board. By ]Mr. Wilson, (to Mr. Magruder:) Q. Had you paid for them? — A. That I cannot say. Q. If Mr. Strong had his certiticates you had not paid them ? — A, Kot if he has them now 1 have not of course, or he would not have them. Mr. Stanton. If you will notice you will find no restriction upon the use of the bomls by the board of [lublit; works. Mr. Wilson. 1 find it provided there that they shall be used for the purjioses specified in that a(;t and no otiier. 31r, Stanton. Yes; and that purpose is the reimbursement of the board of i)ublic works, Mr. Bass. They coidd iu)t be reimbursed unless they had paid the the mon(\y out of that work. j\Ir. Wilson. Your certificate is no obligation — it is simply an evi- dence of indebtedness. Mr. Bass. If you had merely given them the auditor's certificate for work done for raising houses, that was not a i)ayment. ]\Ir. Stanton. It was an indebtedness incurred by the board, and the object of this act was to re-imburse the board. It provides that the war- rant shall be drawn on the treasurer by the governor and the comp- troller. That was done. Samuel Strong recalled. By yiv. Wilson : (Question. Are you the man wlio had tlie contract for iiiidei pinning liousesin (leorgetown — raisingaiid iinderpiniiingthe niarket-house .' — An- swer. I underiiiiined the market-house and buildings in Georgetown. 1984 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Coiigblin, from Chicago, raised the buildinos. Hollingsworth & Conghliii did the raising, and I did the iinderpiuniiig aud carpeuter- w'ork aud repairing all througU the buildings. Q.. AYhat did that work amount to that you did? — A. In the neigU- borhood of .$113,000. Q. Did you get certificates ? — A. Nothing but certificates. Q. Did you ever get any pay? — A. Not a dollar in money, and not a bond ; I have repeatedly asked for it, and I never could get it. Q. To whom did you make application for the bonds ? — A. I made ai>plication to the board. Q. Did you ever apply to Mr. Magruder for bonds ? — A. Yes, sir ; and I have written letters and letters, aud got my friends to go there aud intercede for me to get money or bonds, and I never could get them. Mr. Magruder, (to Mr. Strong.) When ? Mr. Strong. If you will look at your letters — I got Judge Cartter toi go, and I got ditiereut men. I never appointed Darneille and Barber until after I had got about through that Georgetown work. I took this large contract out here, and I was obliged to have some help. I was about closed up in Georgetown on the work when they gave me this other contract, and that was to be paid in bonds. This was to be paid in money. By Mr. Wilson : Q. Eeferring to your contract, I find the stipulation is to pay or cause to be paid to said party of the second ])art, to his heirs, executors, or administrators, in lawful money of the United States, the amount which may be found from time to time due him according to the con- tract ? — A. Yes, sir; that is it. Q. You say they never have paid you any of that ? — A. Not a cent, sir. Q. If you have any explanation to make in regard to this Darneille matter, please make it. — A. Dodge, Darneille, and Barber, I appointed and gave a power of attorney. Mr. Totten drew the papers up ; that was when I took this contract; I was cramped, and I could not get through. The certificates that I took from Mr. Magruder I had to hy- pothecate, and put my notes up and these certificates behind them-. Q. That is to say, you gave the certificates as collateral security for, your uotes ? — A. Yes, sir ; and I never could get bonds or money to re- deem them, and I expect I have lost them — that is the amount of it. I cau bring you, to-morrow, papers and copies of letters that I have writ- ten to them over aud over again. Mr. AViLSON. You cau do so, sir. Bring them in to-morrow moruing. The Witness. I went with Mr. Darneille and ]\Ir. Barber, after I had appointed them my bankers here — I went there and begged for bonds. Other people got bonds, but I could uot. When the appropriation was made I could uot get a dollar. By Mr. Wilson, (to Mr. Magruder:) Q. Mr. Magruder, I would be glad to have you bring in, to-morrow, a statement of all the bonds issued, and to whom they were issued. Mr. Magruder. You have a statement of all the bonds issued. Q. I mean the persons to whom you paid them out. — A. I will give you what I can. The committee here adjourned to 10 o'clock a. m. to morrow. TESTIMONY OF GEORGE F. EDMUNDS. 1985 Friday, May 15, 187-i. Tlio committee met at 10 a. m. in secret session, at the conchision of whi(;li, Mr. Wilson said : Qiiestioi). Juiliie Fisher, [Cnitetl States district attorney,] to avoid the necessity of further troubling you, I will ask you this question : Have yon at any time had any interest in any contracts under the board of public works ? — Answer. Not in the least. Q. Do you know David Keppel ''. — A. Yes, sir. Q. Are you interested with him in any contracts '? — A. Not the least. Q. What relations exist between you and him in regard to those con- tracts ? — A. I was his indorser when he first got his contract ; I loaned him some 8400 or $500, and I thiidc I let him have as much more after- ward, though I do not know exacjtlj' how much. I believe I indorsed a note in the National jMetropolitan Bank for him ; 1 indorsed two others, 1 think, perhaps three others; and while I was his indorser, in order to make me secure, he authorized Mr. Magruder to i)ay me the niouey that I might ap[)ly it to those notes. I have had that much in- terest in his contract; that is all. Q. That is all the connection you had with his contract? — A. Yes, sir. Q. In what wav did he pay you for the indorsement? — A. In no wa}^ at all. Q. Is he a man of any means himself? The Witness. Pay me for my indorsement ; what do you mean by that ? i\Ir. Wilson. Pay you anything for the use of your name ! The Witness. A. No, sir. Q. What amount, if any, did you retain out of the monej's that were paid to you by ]Magruder t — A. None, sir. Q. ^Merely made application for these moneys for the discharge of those liabilities ?— A. That is all, sir. Q. You got no percentage or money out of these contracts either directly or indirectly i — A. No, sir. 2 o'clock p. m. The committee met in open session at 2 p. m. Mr. George F. Edmunds, being duly sworn, testified as follows : Mr. Edmunds. My attention has been called, Mr. Chairman, to cer- tain testimony which has been given before your committee on and since the Gtli of April, by Mr. K. B. Clark, aiuri believe by Mr. Magruder and Mr. Shei)herd — I do not know whether there was any other — touch- ing the subject of the so-called improvement of Massachusetts avenue between Fourteenth and Fifteenth streets, northwest, in which the rela- tion of a little place I own on the north side of Massachusetts avenue and myself to the board of i»ul)lic works has been drawn in ([uestion, and for the sake of having the committee know the whole truth upon the subject 1 desire to make this statement : I i)urchased the proi)erty where I now reside, it then being a vacant lot, some time in the year 1870, I thiidv — certainly before the board of public works began any systems of improvement, or 1 think were even created. I purchased it ui)on inquiry, which entered into the price that I paid for the property, as to whether the grade of the streets in that vicinity had l)een established and fixed by law, it apjtearing that the property had already been cut down in front of the whole block al)out .eight feet, 1 should say ; and I was informed, and as 1 understand the 118 D C T 1986 AFFAIRS IN THE DISTKICT OF COLUMBIA. trntli to be, that the ,arade had been fixed on that street and conformed to, the pav^ements and curbings hiid, the gas, water, and sewer pipes laid as far west as where my land was. I think the water went further, but I do not know that the sewer went further west than my place — probably it went a little further. So that I purcliased the property Mpon the truthful report that all the expenditures and assessments and other things touching the subject of the little place that I was to build had already been provided for and paid, and that left my house which I built something like S or 10 feet above the street and about 50 feet back from the street, on account of the whole property in the angle there having been disposed of by having a building-line run which began at Fourteenth street and went west, in front of which nobody could build; so I was compelled to build about 50 feet back from the street as it then stood, the sidewalk and everything finished, which was, of course, a very material consideration in reference to the price which I paid. After the board of public works came to be established, and the sub- ject of the improving the streets in Washington was brought forward, 1 heard that it was "proposed to make some further- cutting between Fourteenth, Fifteenth, and Sixteenth streets and Massachusetts avenue. I made inquiry as to the extent of that cutting and what the necessity for it was. I cannot now remember of what persons connected with the board of public works I made inquiry, but from some of them, and was told in the beginning that the most that they thought of was to take oif something like three feet, and it was from the highest crest of the hill, which was, perhaps, two hundred feet west of my house, and about half way, perhaps, between Fourteenth and Fifteenth streets, for the purpose of diminishing the ascent from the west a little, making Mr. Corcoran's Louise Home, if that is the name of it, a little more conspic- uous from Fourteenth street and the circle — a matter about which Mr. Corcoran had before spoken to me in respect to having a little shaving- taken off' from the hill west of me, and to which 1 had replied that while I had not the least objections myself— as, of course, it did not aflect me at all — that I would not sign any petition or consent to any such thing unless all the others assented, because I did not want to be the instrument of doing them an injustice to the west when there was no public necessity for it, but a matter of mere taste ; and that leads me to remember that it was certainly before the board of public works came into i)ower that this was first spoken of. Then I made these in- quiries of the board, and was told that three or four feet was the most that the street wonld be cut ; and that was the object of it. 1 made the same remark then that I had before made to Mr. Corcoran himself, that, while it did not affect me at all, and I did not care anythnig about it, yet I would not be a party to any wrong upon the other gentlemen who owned property west of me ; that I did not see any ground for it ; that I woidd not be the means of subjecting these people w^est of me to very serious damage by so great a cut as that upon a mere question of taste. The natural surface of the land slopes from Tenth street to the west until it comes out to Mr. Wilson's and Mr. Morsell's house, and slojies more rapidly downward to the west again, and the slope of the street, as fixed by the original city people, and upon which I bought, harmon- izes with that undulation of the natural surface of the ground, whereas, the cut downward as it is now, from Fourteenth to Fifteenth street, makes the street pitch one way, and the slope upon which the houses have been built the other way, which, of course, is in violation of every TESTIMONY OF GEORGE F. EDMUNDS. 1987 man's sense of wliat is proper in point of taste — in fact, makes a man feel as if he had a cross-eut saw npon his leg to look at it. The board of public works told me that only the crest of the hill to the west would be taken off, and that they were going to do the right thing with the peo])le who owned the land there. Of course, I saw no objection. It was nothing which in any legal sense concerned me at all. This was early in the spring of 1872, I believe. Then I went home to Vermont, leaving the thing in that way, being informed that the only disturbance of the existing order of things that the board of public works would make would be to take just a shaving off from the crest of this gently- undulating, beautiful row, like those stdl left in various parts of the city, for some reason or other. 1 did not know anything more about it until I came back again, in the fall of 1872, to attend tlie session of Congress ; and when I got back, about the first week in November, I found that, instead of three or four feet being taken olf of the crest, they had begun at the line of Four- teenth street at the circle and made one deep cut, and drawn a true grade to the west clear down to Sixteenth street, which, instead of not cut- ting at all in front of my i)roperty, or just taking off an inch or two, had cut down somewhere from eight to ten feet — I do not know pre- cisely — and had left me that distance uj) in the air, in addition to the original grade, which had been settled and fixed, and upon which I bought there, so that 1 was left about sixteen feet, I should say, above the surface of the street. And then, instead of i)arking the street, as was talked of, like New York avenue, so as to leave the carriage-ways somewhere near the sides of the street, the parking had been done on the sides, and the curbstone was removed about thirty feet from where it was before; the conseciuence of which was, that 1 was eight or ten feet higher up in the air, and thirty feet or so farther away from the street. Well, inasmuch as I believed that there was no possible foundation for . ueh a })roceeding, either in point of taste or public utility — for there was no heavy draught of teams crossing there, and the grade was such that when I went away any reasonable span of horses could draw thirty hun- dred up or down without tiouble — I was very indignant, and 1 felt, per- haps unjustly— although 1 had no fact to base it upon — I feltthat some pri- vate interest had protluced an inlluence upon the board, not necessarily with the knowledge of the board, because J do not wish to make any impu- tation against anybody; l)ut I thought something besides a general re- gard to private rights and i)ublic interests must have produced that extraordinary performance. 1 accordingly, with the candor that I think always ought to characterize one's intercourse Avith public otlicials, wrote a letter to the board. It was sent to them, and it was received by them, and they have produced it today at my request. It is as follows : Wasiiingtox, Novcmhcr 11, 1872. Gentlkmex: Contrary to my expectation, derived lioiii conversation witii uicnibers of yonr board belbro I left W. in the sprinjf, I lind, on my return, a lui'^e canal dng from Fourteenth to Sixteenth streets in Alawsachiisftts avenue; grades once estab- lished, and sewers and water-pipes once laid and paid for, arc destroyed, and the line of houses riniiuj towaid tiie west left perched on tlu^ edgt^ of a gu]i' dexcciidiini to the west. As a citizen and tax-payer, and as a legislator having some responsil)ility for the projjcr progrt'rty. It seems plainly a wanton de- struction of ])ropcrty and waste of money, or to How from the dictation of some person pretending to be an engineer, who had, for public interests, better far be in some other calling. Now, as if to add insult to injury, over and over, I am told this, and that / must attend to, at my private and sole expense, iu re-couuectiug my sewer, water, gas, &c., which have 1988 AFFAIES IN THE DISTRICT OF COLUMBIA. been disnlaced and thrown ont of joint by the vandalism of the performance, and the ■whole connection seems to be left entirely broken, unless I make it myself as the work now goes on. , , ; ij? r i t i t I have felt it dne to both justice and candor to express myself freely, as I have done. I am bonnd from my knowledge of many of yon to presume that you have not person- ally promoted this wrong, but with somebody there must be responsibility, which in this world or the next will be reached. Yours, respectfully, ^^^ ^ EDMUNDS. The Board op Public Works, JVasMngton, D. C. To which letter I received a reply, of which this is a copy : Board of Public Works, District of Columbia, Washington, November 12, 1872. Dear Judge : Your letter of yesterday, relative to the improvement of Massachu- sett avenue, is at hand, and I regret that yon should evince so much feeling. The mat- ter was well weighed by each member of the board and consultation had with the eno-ineer in charge of Public Buildings and Grounds, who was strongly in favor of the chano-e, and my belief is that when finished you will say it was the right thing to be doner Had it not been for the horse-disease, the block in which you live would have been completed; such was our intention and determination, but "man proposes and God disposes." The connections of gas, water, and sewer shall be made at once, and are paid out of the general fund. Verv truly, yours, ^ -^ ' ^ ' ALEX. E. SHEPHERD, Vice-President. Hon. Geo. F. Edmunds. True copy. FRANK T. HOWE, Chief Cleric. The result, then, was that the sewer-connections with my house- sewer, which had been connected with the one which had already been l)aid for by the lot, and which entered into the price of my land, and the gas and water connections, were made by the board of public works. I did not hear anything more about that. But I was left the whole winter long, as were all the people on that road, with the side- walks which we had paid for ourselves, all torn up and carried off and this vast gulf of earth sliding down there all the while. There were no steps to get up and down, until either I got somebody to go and put up some wooden steps or the board did. Between Fourteenth street and the pavement that had already been put down in Massachusetts avenue of tlie road- way of asphalt, there was left a space un paved of about 30 feet, I should tlii'nk, that had been dug out and all ready for the pavement, there being the wood that was around the circle and the asphalt, which went west in Massachusetts avenue, with this impassable hole of 30 feet between. I remonstrated and remonstrated, and begged and begged, until at last, toward the end of the winter, somebody came and btiilt a plank bridge— that is what it was exactly— a plank bridge across that gulf so that people who lived in that row which was composed of seven brick houses and a number of wooden ones were able to get across from Fourteenth street to the carriages into Massachusetts avenue. That brought us over until the spring of 1873, and then I was told by some- body—I did not know it before— that people who were damaged by these so-called improvements could have redress by petitioning to the board of public works ; that the legislative assembly of this District had in some way the power to do justice to people who were injured. I had in the mean time, as you may naturally suppose, examined the act of Congress which created this institute — board of public works— and had looked into their powers in respect to the improve- TESTIMONY OF GEORGE F. EDMUNDS. 1989 nient of the streets, and had found tliat the tliirtyseventh section of the act, I think it is, provided that the> might assess the adjoining prop- erties si)ecially benefited by tliese improvements, to an extent not exceeding- one sixth of each side of the street. Mr, Stewart. One-third of the whole f The Witness. Yes. Toward the improvement, and collect the as- sessments as all other taxes were collected in such manner. They might assess in such manner as should be prescribed by law ; I think that was it. Having examined that subject, I became thoroughly sat- isfied that the whole performance was illegal, and that I might resist it with success. But I did not see how I could have the street restored to what it had been, beautiful and convenient for the whole block and for everybody. I could not see how 1 could have it finished unless I did it myself, which would cost more than I was able to expend for that purpose. There- fore my only course seemed to be to get such damages as I could, and to resist any invasion of my property by undertaking to put assessments upon it, which I was satisfied would be illegal iu themselves, and which, if legal in point of form, would have no foundation iu merit to stand upon, because the damage would be more than fifty times what any just assessment for the real amount of labor done iu putting the street iu order on the new plan would amount to. 1 caused the board of public works to be informed of the fact that I stood upon my rights. I do not know how, but by conversation with some of the members, probably, as I occasionally saw some of them. But this matter of getting this redress was suggested, and thereupon, I think, the board sent me these printed l)lanks for a petition for redress. I looked at one of them, and found that it really committed me, as I thought, to leaving it to the board of public works and the legislative assembly, or somebody in the District who belonged to the concern, to be the judge, without any right of appeal, or whether you had sufit'ered anything or not, and how much. I did not propose to i)ut myself iu that attitude. I tliought I understood my rights as a citizen, and I did not l^ropose to submit those rights to anybody except a judicial tribunal as a finality. But, inasmuch as it was stated that these gentleuien desired — and I do not mean to question it — desired to do justice by everybody', I consented to put in a claim for damages, not iu the form they fur- nished, but in this form which 1 now read : I'elUion to the board of puhliv ivorkafor assessment of damages. Washingtox, D. C, Fcbntanj 6, 1873. To the Board of Public Works of the District of Columbia : Gentlemkn: The uudersigaed represents that he is the owuer of thg following real estate in said District, viz: Ilonse ami lot, {'M feet front,) sqnare 21'2, on Massachnsetts avenne, northwest of Fonrteentli street, and that, under your direction, tlie following alleged iuiprovtMniiiits have been made, viz, the lowering of the grade of said avenue theretofore e.stal)lishi'd, and the removal of tlie available street line far toward the center of said avenue, and the consef|uent destruction of existing ]»aveinents, sowers, water and gas pijtes, and other things; tliat, in consetinence of said alb'ge«4L>,5, if I could be put where I was; for I thiuk uiy property would be so much more valuable to me. J. Blickensderfer, jr., recalled. By Mr. Jewett : Questiou. I iuquired of you yesterday if you had communicated with the eugiueers iu regard to these discrepancies you spoke of. I also asked you iu regard to Mr. Samo, aud what esplauatiou he made. I did not ask you what explanation General Babcock made, although I did inquire of you whether you had submitted to him your results that he might explain. It is but due to General Babcock, if he made an explan- ation, that that should be stated. Did he make one "? — Answer. When I showed him my results, he stated that he had been called upon to cer- tify to this work by the law of Congress without their having made any appropriation to give him assistance to do the work, and he could not do it liimself, of course; so he availed hiuiself of the assistance of the only man at his disposal, to wit, Mr. Samo, iu charge of the Wash- ington Aqueduct, and had requested him to make the measurement, and be very careful about it, and to make no measurement which he could not verify by affidavit, as he had no doubt an investigation would probably result. By the Chairman : Q. Result from his measurements, do you mean! — A. I should not perhaps have used the word " result.'' jNIr. Wilson. " Follow ? " The Witness. As he had no doubt there would be an investigation. By the Chairman : Q. Into the affairs of the District ? — A. Yes, sir ; as I understood. In reference to the discrepancies he reuiarked that he could see — as, for example, in the case of Xew Hami)shire avenue aud Virginia avenue — very readily how a man might be mistaken, or iuclude one that was reported in the other. And lie, I thiuk, suggested some explanations in one or two other instances, but remarked, " I will take notes of these things," and he did take notes, " and I will call upon my assistant for the explanation, for," said he, " it is m)t my business to suggest explana- tions to him, but for him to find them. I will communicate with you again." That is the substance of what he said. By Mr. Stanton : Q. This was quite recently ? — A. It was on ^Monday last, I thiuk. Q. Was it about the same time you advised Colonel Samo of the re- sults of your examimition '? — A. It was some time afterward, aud I may add that it was after this conversation with General Babcock that Colonel Samo called upon me, and that we went over the avenues to- gether, as, 1 believe, I exi)laitK'd iu my previous testimiuiy, to look at the dis<-r<'pancics, at which tim(^ he gav(^ me his explanations, as I stated yesterday, saying tiiat he had seen the general since he had been with me. Q. In your intercourse with Mr. Samo, did you see any eiVort or dis- position on his part to sui)i)ress any fact?; or mislead you iu any way iu your measurements ? — A. No, sir; I cannot say I saw anything like a tendency to suppress facts or mislead me on his part. 1998 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Stewart : Q. Did you on anybody's part? Answer that fully. — A. I do not kuow that I can say so directly. I do not think explanations on the part of some — at least I do not think explanations were ever volunteered to me. I had to get what I wanted by askhig. By Mr. WiLSON : Q. Give us your statement in regard to the reservation or space to which your attention was attracted yesterday, and in reference to which you had not your figures fully completed. — A. It is the reservation at the intersection of O and Twentieth streets and 'New Hampshire ave- nue, upon which I yesterday stated I had not quite completed my figures. I have them now completed. Q. Before you begin, give us the size of the space. — A. It is repre- sented here on the map that I have of New Hampshire avenue. I have drawn a diagram of it of somewhat enlarged scale. The size of it within the curb-lines is 97.4 feet on Twentietli street ; 66.4 feet on O street, and 112.97 feet on New Hampshire avenue, running to a point in each case. Within the sidewalks it is 37.4 feet on Twentieth street, 27.1 on O street, 46.2 on New Hampshire avenue. By Mr. STANTON : Q. You say within the sidewalks ; do you mean within the building- line ? — A. No, sir ; I mean inside of the sidewalks simply. Q. Give us the details of expenditures about that space. — A. I have a statement in complete detail. I suppose all you want are the results in the same form I stated yesterday. Mr. Wilson. That is all. The AViTNESS. The amount of it, calculating the quantities in the same way they have been made np by the board in the charges to the Gov- ernment, is $11 ; in accordance with my measurement, I should have said before, is $11,109.27. Deducting from it for the intersection of O and Twentieth streets in the same manner as I have in the intersection as explained yesterday, the amount to be deducted would be $714.67, leaving 810,494.61. The charge as made to the Government, or against the Government by the Governor's Answer, is $11,462.50 ; the excess over my statement, $957.90. By Mr. Stewart : Q. Taking the same basis they have, what is the difference — measur- ing the same w^ork that they measure 1 — A. $353.23. By Mr. Wilson : Q. In order to get at the quantities that they have charged to the Government at that space, how are the measurements made ? — A. The measurements included all the curbing, carriage-ways, and sidewalks on the avenues and streets opposite to this reservation to the building-lines on the opposite sides of the streets and avenues. By Mr. Stewart : Q. Deducting one-sixth ? — A. Yes, sir ; from which they deducted one-sixth. By Mr. WiLSON : Q. What carriage-way was measured around the reservation in order to get at these quantities ? — A. All the carriage-way opposite to it. Q. You had better indicate on the map so that the committee will un- derstand. TESTIMONY OF J. I3LICKENSDERFER, JR. 1999 The Witness, (after doing as requested:) Tlie building'-liiie on the opposite side of Twenty-first street from the reservation was })roduced across Xew ITanipshire ax'enne until it intersected the building-line on the opi)Osite side of New Hampshire avenue, and tlie building-line on the opposite side of O street from the reservation was likewise produced until it intersected the building'-line on the opposite side of Xew Hamp- shire avenue, and all within that space was lueasured. Q. Has the wood )):ivement on this avenue yet been measured to the contractor ? — A. I presume it has, but I do not know that. Q. Do you kuow whether the wood pavement on that avenue has been yet charged up to the Government 'i — A. 1 have not been able to find any charge of that kind. Q. State whether you have made any examinatiou to kuow whether in charging the Government for wood i)avemeut in the avenue they have charged that, in addition to charging the wood pavement around the reservation, thereby duplicating the charge at that point? — A. I have not in any case. In rei)ly to a question by ^Mr. Stanton, the witness said : I understand that although the avenue has been paved — I mean the wood pavement is laid — that the account for that work has never been made up against the United States Government ; that is, for the avenue at large ; 1 mean, included in this intersection — only for this i)ortion of it. Mr. Stanton. In explanation of this measurement, was it stated to you that the street extended from building-line to building-line, and that, therefore, they prolonged the lines in this way ! A. I did not ask them anything in reference to tliat except as to what was included in the measurement that they made themselves, or ex- planation. Q. You asked them, however, for no explanation for their reasons for drawing these limits ? — A. I did not. I do not know whether you ob- served it, but the same process, the same principle, has been applied in all the other measurements that I have made in the P-street circle and different squares. Q. My question relates not merely to this individual case, but to all cases — whether you ascertained from them the reason why they measured within these limits ? — A. No, sir ; I did not. Q. ^lay it not have been tliat it was because they counted the street as being really from building-line to building-line, instead of from curb to curb ! — A. I do not see why that would inlluence it at all. My own impression is that if the Government is pro[)erly chargeable at all with any work here, it is perfectly correct — the principle that they adoi)t, except with regard to the intersections, as I explained yesterday by the diagram, as you will recollect. liy Mr. Wilson : (}. Is or not that space (the reservation referred to) entirely in the streets and avenues ? — A. Yes, sir; it is altogether within the limits of the streets, inside of the building-lines. By Mr. Stanton : Q. Did you as(.*ertain, or did you examine whether or not lines at the intersections were extended, in the case like this charge to the Govern- ment reservation, in any ditferent maniu'r from that in which tiiey are drawn, or would be drawn, if the property were owned by an indiAid- ual .' — A. I did not nndce that in(piiry. ^Ir. ^VILSON. Have you found any case where the charge against tho Government is correct ? — A. Not according to my views. 2000 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have you found any case where the charge against the Govern- ment is less than it should be ? — A, No, sir. Q. Invariably more "? — A. Yes, sir. By Mr. Stanton : Q. In this comparison as to magnitude, do you make deduction for the difference in the limits between yourself and Mr. Samo ? The Witness. The magnitude in what respect "? Q. You were asked whether the aggregate of any charges were greater than what you deemed to be proper. You say in every case they were designed to include a deduction by you from the amount, owing to the extension of the line of intersections. — A. I answered the question by saying, not in my view, and that means that according to my view, which includes the thing you speak of, they were too great, but I should say if no allowance is made in accordance with my view of treating the intersections of the streets, they are all nevertheless too great, with the single exception of Eawlins Square. Mr. Mattingly is not here to-day, I believe. I believe he asked me yesterday how it came that my sum for Rawlins Square was less than Mr. Saino's, while the quan- tities appear to be greater, and I answered that I could not explain, for I had not examined it. The Chairman. He asked the reason of that — the quantity less and the sum greater. Witness. No. The sum was too small while the quantities were greater, and of course I investigated the matter immediately when I went to my room, and I found I had omitted in my statement a i)ortion of the brick pavement — that portion outside of that square, Wlien it is added, it makes the sum greater, as it should be. I can give the cor- rected figures if you desire them. By Mr. Wilson : Q. In looking over your testimony do you find that erroneously printed ? —A. I do. Q. Then, for the purpose of correcting it, I think it would be well for you just to give the tables that you had yesterday and allow them to be printed in the record as a correction of those errors. That would be the easiest way to correct it. — A. The correct sum, as I make it, of Eawlins Square is $23,773.47; the deductionsfor intersections, $1,623 66 ; leaving $22,149.81. The charge to the Government, as per report to the Government, is $22,363.70. Mr. Samo gave it to me, $22,371.95; but I also discovered an error in his statement according to the quan- tities which he furnished me, not having been correctly carried out, by which his sum is increased $124.95, making it $14,792.70. By Mr. Stanton : Q. And that, I understand you, was an error in some multiplication of his ? — A. Yes, sir. [The following are the tables referred to by the witness :] F-street Circle, Amount per measurement $74, 789 97 Deduct lor intersection 1,011 49 $73,778 48 Charged to Government 78,540 15 Excess 4,761 67 TESTIMONY OF J. 15LICKENSDEKFER, JR. 2001 Svoft Suit are. Auioiuit per nieasmcnicnt $45,732 75 Deduct lor 2 intersectious 4, 102 46 !?41,()30 29 Charged to Government 4'J, 042 90 Excess 7,412 60 IiaifUiis Square. Amount per measurement s23, 773 47 Deduct for 2 intersections 1 , 623 66 $22, 149 81 Charged to Government 22, 363 70 Excess 213 89 Xew IFampuhire areiiuc. Grading as measured, viz : Yards. Embankment 67, 654 Excavation 64, 858 Total 132,512 Deduct excavation hauled to Virginia avenue and charged to it 23,279 109, 233 Charged to Government 149, 484 Excess 40, 251 Allowed contractors, viz : Hulse: 446 yards rock, at $1 $466 00 13, 114 yards grading, at 30 cents 3,934 20 13, 580 yards haul, at 9 cents 1, 222 20 $5,622 40 Fi ibert : 8, 990 yards grading, at 30 cents 2, 697 00 17, 019 vards haul, at 16^ cents 2, 765 56 5, 462 58 Murray : 29, 385 yards grading, at 30 cents 8, 815 50 29,385 yards haul, at 31^ cents 9, 182 81 17, 998 31 29, 083 29 Add amount paid Vandenberg, contractor on Virginia avenue, but charged to New Hampsiiire avenue 4, 500 00 33, 583 29 Charged to United States Government: 149, 484 yards grading, at 40 cents, $59,793.()0 X ? 39, 864 40 Excess over total cost 6,281 11 Correct allowances to contractors: 1 lulse : 4(i6 vards rock, at $1 $466 00 8, 971 yards grading, at 30 cents 2,691 30 9, 437 yards haul, at 9 cents 849 33 $4, 006 ()3 Actual payment to Ilulse 5,622 44 llulse overpaid 1, 615 81 120 D C T 2002 AFFAIRS IN THE DISTRICT OF COLUMBIA. Murray : 20, 800 yards nfrading, at 30 cents ijifi, 240 00 20, 800 yards Laul, at 31i- ceuts. 6,500 00 $12,740 00 Actual paymcut to Murray 17, 998 31 Murray overpaid 5,258 31 Correct charge agaiust Goverunieut: 46fi yards rock, $1 $46« 00 38,701"^ " grading, 30 ceuts 11,528 30 9,437 " hauled, 9 cents 849 33 17,019 " " ICJ cents 2,765 58 20,800 " " 31iceuts.. 6,500 00 22, 109 21 Add payment to Vaudeuberg, and deduct from Virginia avenue 4,500 00 26,609 21 xf— 17,739 47 Actual charge against Government 39, 864 40 Excess 22,124 93 Virginia avenue. Yards. Grading as measured (exc) including reservations at intersection of G and T\venty-fifth streets, and quantity taken from limits of New Hampshire avenue, between G and H streets , 102, 657 Allowed to contractor 103, 600 Charged to United States Government 104,000 Credited to contractors: 10,600 yards old hard gravel, at 40 cents 14, 240 00 93.000 yards earth, at 30 cents 27,900 00 103,600 yards hauled, at 36 cents 35, 224 00 $67,364 00 Amount charged to New Hampshire avenue 4, 500 00 62,864 00 Charges to United States Government: 104,000 yards grading, at 40 cents $41, 600 00 104,000 yards hauled, at 36 cents 37, 440 00 79, 040 00 X f = $52, 693 33 Correct charge to United States Government, two-thirds of above amount, credited to contractor and debited to this avenue, viz, two-thirds of 62, 864 = 41, 909 33 Overcharge to Government 10, 784 00 Maryland aroiue. Yards. Grading, as measured and allowed to contractors 221, 268 Charged to Government 257, 75 Excess 36, 507 Allowed contractors, viz : Gleeson, 159,022 yards grading, at 30 cents $47, 706 60 4,235 yards hauled, 1^ ceuts 63 52 TESTIMONY OF J. BLICKENSDERFER, JR. 2003 4,889 yards liauhnl, at HA cents .s-2(;8 90 130,000 yards liaiilod, at 'J ciMita 11, 700 00 19,898 yards hauled, at 2->l cents 4, 477 05 3,177 yards rock, at 70 cents 2, 22:i 90 Murphy, 14, 22-2 yards jiradiug, at 40 cents 5, G88 80 48.0-24 yards j,Madin , e09 Overallo wance to contractor 3, 837 Overcharge to United States Government 21, 407 Payment to contractor : 1, 843 yards excavating rock, at $1 lifl, 843 00 2, 688 yards excavating hard gravtd, at 40 cents 1 , 0.55 20 11, 758 yards excavating earth, at 30 cents 3,527 40 16, 239 yards haul, at 15 cents 2, 435 85 •'^8,861 45 Charged United States Government, (p. 406 :) 33,809 yards grading, at 40 cent« Sl3, 523 60 33,809 yards haul, at 36 cents 12, 171 24 25,694 84 x^ =21,412 36 Excess on gradi ng 12, .550 91 Tliere is on this work, Iiesides the overcharge <»n grading, an additional overcliarge on sewtu', the GovtirnnuMit lieing charged with 2,Viiat i)ortion of this work did you do yourself? — A. ^ouc of it. I had also contract for grading on Seventh street; not on Fifteenth street. Q. How came you to get these contracts? — A. I made application to (ioxernor Shepherd for them. 1 (tailed ui)()n him personally; I made no written or any application to the board. Q. x\.ll of these contracts W(M'e awarded by personal application to (Governor Shepherd? — A. I believe they were ; 1 think these awards were made to me about the 5th of August last. Tiie contract for the work on Seventh and Fifteenth streets I sublet to Dr. L. S. Filbert. The grading on Seventh street was sublet to a man name Welch, througli Dr. Filbert — I mean by that, that Dr. Filbert took it in charge and sublet it. I gave him absolute jvower of attorney for all the work. <). Did the'tirm of Taylor & Filbert do that work ?— A. L. S. Filbert did it. Q. What interest did Taylor have in it ? — A. 1 do not know. Q. How long after you got tliese contracts respectively was it until you sublet to these parties? — A, Fifteenth of September about — a little upward of a month and a third. (). You did no work at all in the mean time ? — A. No, sir. ((). Did you have any arrangement with any of these i)arties, before you got the award, that they were to do the work ? — A. No, sir. i). Did you have any arrangement with any one? — A. No, sir. Q. ^Vhat means did you use for the purpose of |)rocnring these con- tracts ? — \. I used no other means except an application to Governor Shepherd. Q. Were you personally acquainted with Governor Shepherd ? — A. No, sir, I was not ; I was recommended to him by Senator Dorsey : I had a Icttt^r; I have not now a co[)y of it. I delivered that letter to ( iox'crnor Shepherd. i}. On what terms did you sublet these contracts to these parties ? — A. Taylor *S: Filbert took the contract — my (contract with the board of ])ublic woi-ks — and were to i)ay nu» U.") cents [)er yard for the paving. (,). And what for the grading ? — A. I was to get 5 per cent, on the amount. (). In what way were they to i)ay you .' — A. In kind. i}. Has it been paid? — A. A portion. (}. \Vhat amount have you received out of these two (jontracts — Sev- entli and Fifteenth street contracts ? — A. I cannot tell you now. I have not the figures with me. 1 should think about .S"),'-M)(). Q. How much will you receive when th«i whole thing is settled up? — A. I cannot tell until I km)W tlu^ amount of tlie final estimate. Ai);)ut Oiuvhalf ol' the woik only has been done. i}. Have you maeen done ^ — A. Ves, sir; 1 Iveiii^ve I have. I have not paid much attention to it since I let the doctor do the wink. 1 have no hgnres with m«'. I cannot tell how nuich the work will amount to. 2006 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did yon liave any partners in tins transaction? — A. None. Q. No nnderstanding by which you were to make any division with any person ! — A. Yes. sir ; 1 was to pay one-halfof the profits to Mr. Colt. He is a resident of Washington City and a contractor. He took the charge of the work for me. I have been absent ever since the contract was given. He took charge of it to see that the work was done in accord- ance with the terms of my contract with the board. No other person was interested with me. Q. Did you sublet the contract for the Boundary sewer ? — A. Yes, sir; to William H. Adams. That contract was executed directly to me. I did not assign the contract to Adams. I told him to go on and do the work. He is at work at it now. I was to pay him all except 7^ per cent. Q. At what rate per linear foot were you to construct that Boundary sewer ? — A. Thirty-six dollars and thirty-eight cents. Q. Do you know how that amount was made up 'i — A. No, sir : I for- get. I knew at one time — at least the engineer of the board told me, but I have not now any recollection of what it was. I was not in Wash- ington when that contract was awarded me. Q. Where were you at the time the contract was let to you in regard to the Boundary-street sewer! — A. That is the one I was just speaking of — at the board of public works on Fourthand-a-half street, and the others at the same place. Q. Do you know where the contracts were actually given out, or the awards ? — A. No, sir ; I sui)pose in the oflice. Q. Do you know at what rate certificates that were to be taken in payment for this work were to be estimated ? The Witness. As paid to me? Mr. Wilson. Yes, sir. The Witness. At par. Q. In making up the amount per linear foot that you were to be paid for this sewer, at what rate were the certificates estimated? — A. They were i)aid to me at par, as I understand. Q, 1 do not know as you ai)prehend my question. Is it or not the fact that the cost of this, or the price to be paid, was itemized, and, among other items, that a discount of 15 per cent, on account of having to receive certificates was added to the price? — A. Not that I am aware of. Q. I would be glad to have you refresh your recollection in any way that you can on this subject. — A. I am not aware such was the case. Q. How much of this work has Adams performed ? — A. About 900 feet. Q, How much have you received on account of it? — A. $24,280.06. Q. That is the actual amount paid. How has that been i^aid ? — A. In auditor's warrants. Q. What kind of warrants ? — A. I do not know. Q. Did you receive them, or Adams? — A. No; Mr. Colt received them. I never received any of them. Q. W^as Mr. Colt interested with you in that matter? — A. He was acting as my agent only. Q. You divided with him ? — A. Yes, sir. Q. Have you never seen any of these auditor's warrants of which you speak ? — A. I saw some on Saturday in Mr. Colt's possession, here in tlie city. Q. W^ere you and Mr. Colt making any settlement in regard to this matter, or examination of your accounts ? — A. No, sir; He had drawn TESTIMONY OF JAMES E, GREGG. 2007 an estimate, mid I saw the warrantvS in his hands, which he paid to Mr. Adams for doing the work. Q. What amount have you received individually on this account ? — A. Do you mean the sewer 1^ Q. Yes.— A. 815,000. Q. How much is yet due you on account of what has already beeu paid ? — A. I cannot tell you. i). Can you give us no idea of the character of these auditor's war- rants '? — A. No, sir; I never have seen any of them. Q. Do you mean by " auditors warrants," auditor's certificates for the amount of work done ' — A. 1 suppose they were. Tiiey were signed by Mr. Lay, as auditor. Q. What will be the average cost of this sewer ? — A. 1 do not know. Mr. Wilson. I desire to read the following extracts from the journal: IJoAKD OF PuiJLic Works, District of Coi.rMiiiA, Wanhington, Jtilij 29, 1863. (Mr. Johnson says mistake ill (late; onglit to bo 1873.) The board met at the usual hour. Chief enj^iueer was directed to prepare a contract with J. E. Grei)en to be made, and who were the parties to the change '! — A. I do not know. I was notilied of the change, but was not consulted about it. I was notified of it by the secretary of the board. I assented to it, and the work was done according to the change. I do not remember whether I did or did not make any api)li- cation to have that change made. Mv. William D. Colt would know all about it. (}. Vou say ]\Ir. Colt is a contractor. J)o you know of any contracts he has had, aside from those in which he was interested with you, under the lioard of imblic works? — A. 1 do not know of any under the board of iMiiiiic works. (^>. Have you any knowledge of what he has been doing here, other than looking after the contracts? — A. Xo, sir. (i. Where did he formerly resid<; ? — A. Sandusky, Ohio. Q. Was he associated with you in business in any way there I — A. No. sir; he was kee[>ing a book-store there. Q. Did he come from Sandusky here ? — A. Yes, sir: and asso(Mated himself with Jay Cooke & Co. for several years. I do not know in what capacity he was connected with the banking-house of .[ay Cooke iJt Co. He was in that banking-house for several years during the war, up to about bSOo, J think. i}. From ISO.") what was he doing ^ — A. I have understood from him that he haens it you did not sign that contract until February? — A. It was not ready for me. There was some engineer's difhculty in the way. I called several times for it, but it was not ready for me. And then, again, I was out of town for a couple of months. Q. At the time yon arranged with Mr. Filbert to execute this contract was there any understanding that you were to have some person to do this work for you"? — A. No, sir; I attempted to do it myself. Q. How did it hapi)en that Taylor & Filbert went on your bond for the performance of your contract f — A. I do not know ; Mr. Colt se- cured the bondsmen. Q. Do you know whether Mr. Colt had any arrangement with Taylor & Filbert? — A. He might have; he attended tj all of the bnsiness for me Q. Did you do anything else except to go to Governor Shepherd and get the contract awarded '? — A. Not much besides that. Q. What else did you do, if anything ? — A. I tirst made arrangements to go on and do my work ; but I was disappointed in my money matters and gave it up. Q. Did you make arrangements after you got the contract awarded to you ! — A. About that time I made arrangements with a person in New York, Mr. Moore, to furnish me blocks for the streets. He shipped a vessel-load of blocks here and delivered them. Q. What Mr. Moore was that f — A. I forget his name. He is a con- tractor, and has his oflice in Wall street, New York. Q. Do you know where Mr. Taylor is? — A. I do not. The last time I saw him was in New York, about three months ago. I have not seen him since, to my recollection. I hardly know the man when I do see him. Q. Where is Dr. Filbert now? — A. He is on his way to Pittsburgh. I saw him last about 5 o'clock on yesterday afternoon. Q. Did you have any interviews with him in relation to this sub- ject? — A. None whatever. Q. Do you know whether he and Taylor have had an interview in regard to these contracts recently? — A. No, sir; I do not know any- thing about his business. Q. Where did you see him yesterday? — A. I saw him driving around P-street circle, I believe they call it. Q. Did you see him any place else ? — A. I saw him before that, on Seventeenth street, driving out. Q. Did you meet him personally ? — A. I did not. I just passed the compliments of the day. By Governor Shepherd : Q. I would like to ask you, Mr. Gregg, if the contracts awarded to you were not awarded on your statement ^hat you had made arrange- TESTIMONY OF CHARLES S. JOHNSON. 2009 nicnts to furnish money ononround. That was in litiga- tion. We were enjoined from going on with it. It was tinally cosnpro- mised. That accounts for the delay in the signing of the contract for the building of this sewer. I merely state that by way of information. By the Chairman : Q. You say you expected Senator Dorsey to furnish you the means? — A. He owed me a large amount of money, for which he was to pay me. Q. He owed you, and you expected to get your pay? — A. Yes, sir. At the time I got this claim I said to him L would have to have some nu)ney that he owed me. Q. There was no arrangement or understanding that he was to have any interest in this work ? — A. None whatever. The Chairman. I ask that in justice to Senator Dorsey. The Witness. None whatever. * Charles S. Johnson sworn. By the Chairman : Question. I notice in this record that in many instances, the beginning is, "The board met at the usual hour," without stating who were present. How were these minutes made out in those cases? — Answer. They were all made up in the same way. (}. Who furnished you with the memoranda by which you made up these minutes ? — A. 1 always made them u|» myself from the transactions of the board. Q. Do yon mean to say that the board was in session as a board, and that you ke[)t a record of the proceedings of the board, or that minutes were furnished to you, antl you made t!ie entries according to the minutes furnished to you ? — A. No, sirj I always i)rei)ared the minutes myself frcmi the transactions of the board. Q. Who were present at tlu^se meetings where there is nobody named to be present; were all the members i)resent ? — A. 1 cannot tell now; there was always a majority present. (}. So that, then, all of these board meetings contain a record of the ])r()('('edings that were had by the board, wlicn (here was a maj(uity of the board present ' — A. Yes, sir. 2010 AFFAIRS IN THE DISTRICT OF COLUMBIA. (). Who were the parties usually present ? — A. The vice-president and two other members of the board. Q. Who were the other two members of the board ? — A. Since Dr. Blake has been appointed he has been there nearly always ; Colonel Magruder, or, if not, Mr. Cluss. Mr. Shepherd has not been there often since he was appointed governor. The committee here took a recess until 2 o'clock. 2 o'clock p. m. William H. Adams sworn and examined. « By the Chairman : Question. Are you a contractor under the board of public works ? — Answer. Yes, sir. Q. What contracts have you had I — A. I have had several contracts. Q. Had you a contract on south B street? — A. I had one there; yes, %lr. Q. What did that embrace ? — A. Grading, paving, and sewering. Q. Did you put down a pavement on south B street ? — A. Yes, sir. Q. A brick pavement? — A. The sidewalks were brick; yes, sir. Q. Did you take up the brick that were already laid there ? — A. I did, sir. Q. What did yon do with them"? — A. A large portion of them we put back on the Government side ; on the property side we bought a great many of them from the property-owners. By Mr. Wilson : Q. Y^OQ mean the side next to the private property ? — A. I mean the side next to the private property. By the Chairman : Q. What did you do with brick that you took from the Government property and did not relay there? — A. We took in the neighborhood of ai),000 brick on F street, I had F-street contract at that time ; paving-brick were very hard to get at that time ; I wanted to finish that contract — and we removed about 30,000 brick — from 25,000 to 30,000, as near as I can get at it, on F street. Q. Were they paid for by j^ou, or deducted from your account? — A. They have been ; yes, sir, it«has been deducted from my account; they were taken at that time, and the property-clerk wanted to know where I was taking the brick ; 1 told him that I had to take them, and would re- turn them, which I did; I took them and returned them, and they were charged to my account. Q. These workingmen who have been employed by you have made some complaint to this committee with reference to your conduct toward them ; have you any explanation to make about that ; we have had some testimony before ns in regard to the treatment of your workingmen whom you owe. — A. What complaints have they made ? Q. That you did not pay them. — A. That originates from the B-street contract, as well as a sweeping contract that 1 had from the board which has never been fulfilled according to the contract made with the board. Had the payments been made according to the terms of the sweeping- contract — which the u)aJority of the claims of these men comprised — there would have been sufficient money to have paid the men. The board not having the money, they had no money to pay me, but paid me on certificates and acceptances, which they could not pay. TESTIMONY OF WILLIAM II. ADAM.S. 2011 Q. Is the board of public works still iii debt to you ? — A. Yes, sir. Q. How iimcli ! — A. I cannot tell you until I refer to my books. Q. IX) you know about how much?— A. I cannot tell you, sir; there is a great' deal of work that still remains unmeasured applyinj^- to this one contract that I refer to, which would have been sullicient and ample to have paid all these nuui ; it was a contract that was taken under a percentaji'e, which was to have been paid in cash, monthly, at the net cost of the work, with 15 i)er cent, addi'd over and above that. Q. That was the ori.uinal contract .'—A. That was the contract made with the board, for which they paid nu^with auditor's certificates, treas- urer's acceptances. I realized the best I could out of them, and i)aid the men as far as the money went. Q. Have you purchased any property in this city? — A. Not myself ; I i)urchased a piece of proi>8rty from Mr. Shepherd for my wife. Q. How did you pay for it? — A. I paid for it in certificates. Q. Arisino- from this work ? — A. No, sir; that is money that I used of lier's. I paid in certificates. Q. Paid her back in certificates? — A. Yes, sir. •" Q. And out of the proceeds she purchased this house ? — A. Yes, sir. Q. Have you received any money from the board of public works recently ? — A. No, sir. Q. Or any certiticates? — A. No, sir. Q. Whatis the date of the last certificate you received from the board of ])ublic works ? — A. Well, I am unable to tell \'0U that now, without referring: to the books. Q. State about the date ; have you received any certificates from the board of public works since you gave this order to the workingmen ? — A. No, sir. Q. No certificates ? — A. None whatever. Q. And no money ? — A. No money. Q. Have you beeu paid the amount of that order, or is it still subsist- ing against the board ? — A. I have not been pai — A. Yes ; and, by re(iuest of Mv. AVillard, I withdrew that order, or consented to have it withdiawn, and i)lac-ed back into their attorney's hands. AYhether it has been done or not, 1 cannot say; I gave the con- sent. (}. At that time the board of public wouks owed you that amount of money ? — A. Yes, i consider so. (^. It is still there, for the men, if tliey desire to take it ? — A. Y^es, sir. Q. That is your understanding? — A. That is my understanding. By Mr. Wilson : Q. How much does the board owe you now, altogether, according to your best information ? — A. I cannot tell you. There is a great deal of work that is unmeasured, and it is a pretty hard matter to approximate, to tell what it is. Q. About how much work remains to be measured? — A. There is a reservation on B street which I (;annot tell the amount of. It was kept back by the, auditor in settlement ; and there is an amount of work on my large sewer — stonework — which has not been measured. It is hard for me to get at the amoiuit. Q. (Jan you not give us an approximation ? You have some idea, 1 pre- snme; give us the best estimates that you cau. — A. I do not believe 1 coulil come within ><1U,()(M) of it. 2012 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. If yon can come within $10,000 of it, that would be better thau nothing. — A. Taking' it at the h:)west, I shonkl say 130,000. Q. Of unmeasured workf — A. I think so, sir; wait one momeiit; let me correct myself — no — yes, of unmeasured work, and percentage kept back on the other contracts. Q. How much of that do you think is unmeasured work ? — A. Well, say $15,000. Q. Do they owe you anything in addition to that ? — A. Well, as I first remarked, in the sweeping contract I contend there is a deficiency in of nearly $13,000, for not having been paidaccoiding to the contract. Q. What was the contract in regard to the payment? — A. Cash. Q. They were to pay you cash ? — A. Yes, sir; or its equivalent in bonds or certificates of the board of public works to make it cash. (}. Was that the original understanding between you and the board — that they were to pay you either cash, or that they were to give you enough certificates to make it equivalent to cash *? — A. That is the word- ing of the contract — cash, or its equivalent in bonds or certificates of the board of public works. Q. Was that the sweeping contract ? — A. Yes, sir. Q. Was there any understanding as to what the certificates should be received at by you ? — A. Not at all, sir ; there was nothing mentioned. Q. Is there any other amount due you from the board of public works than this you ha^e already mentioned? — A. On the B-street contract I contend that there is a balance due me. Q. How much!— A. About $15,000. Q. On what account is thatf — A. On account of not being paid in cash. Q. ])id you have a similar agreement there '? — A. That was cash. I think it mentions cash in there. It is a Government contract. I am not certain ; it is to be paid in money, I think. Q. They paid the money ? — A. No, sir; they p.iid me a portion, and left the balance. Ihey paid in certificates — a portion of those certifi- cates they paid. Q. You say there is about $15,000 due you still on that?— A. Fifteen thousand dollars to $18,000. Q. Is there anything else due you? — A. I do not remember anything at present. I can give you a full statement of it, if you desire. Q. Did you get this contract directly from the board, or through the intervention of somebody else? — A. Directly, sir; my B-street contract I did not; that was indirectly. Q. Whom did you get that from ? — A. From a man by the name of Eiley. 1 was running large sewers. I, however, did not get it for my- self. I got it for some other parties, but they failed to do the work, and I took hold of it and did it myself. Q. Who is Mr. Riley? — A. Well, he is a man doing business, I be- lieve, down on B street. Q. What is his business? — A. Coal business. Thomas Eiley, 1 be- lieve, is his name. Q. What was the amount of your contract ? — A. There were two — the F-street contract and the B street contract; the F street $18,000, and the B street $9l>,000. Q. You got the B-street contract from Riley ? — A. Yes, sir. Q. Did you get the other from Riley — the F-street contract ? — A. Yes, sir ; that was a small job. Q. What consideration did you pay Riley for the B-street contract ? — A. The two were included. I foiget now. It was a small amount — in TESTniONY OF WIJ.LIAM H. ADAMS. 2013 fact, I cannot give you the exact amount ; soniewiieie in the neighbor- hood of a thousand dollars, I think. Q. Had lu' done any work on it ' — A. lie had, a portion. Q. l!o\v long had he been at work on it when you took it? — A. That I cannot tell you. Q. Had he done any considerable part of the work ? — A. No, sir; I think not. Q. In what way ditl you pay lliley for this contract ? — A. Cash. Q. Was it jnst a thousand dollars tliat you paid him ? — x^. Xo ; I cannot give you the exact anu)unt ; in that neighborhood. Q. Did you pay him a thousand dollars, or a percentage ? — A. No ; I just ])aid him outright. They had a contract made to hini, and 1 bought the contract. It was afterward transferred to me. Q. Was it the original understanding that this contract was to be awarded to, him and alterward it was let to you, you paying him this amount of money ' — A. Let me understand you, sir. Q. Did you have an understanding with lliley before he got the con- tract at all ? — A. No, sir. 1 did not know him at the time. He had the contract long before I knew him. Q. lUit you got it afterward, i)aying him a thousand dollars for both of the contracts ! — A. Yes, sir ; for both contracts. Q. Are there any other contracts in which you have been interested, which you did not get directly from the board, but which you got through the iuterveution of some oue else ? — A. None that came to me directly. Q. Have you had any other contracts through the intervention of any other ])erson? — A. Not through any intervention. lam doing a piece of work now for another man. Q. Who is that ?— A. Mr. Gregg. Q. What contract is that';? — A. A ten-foot sewer out at the Eastern Branch. Q. What consideration did you ])ay for that contract ! — A. I gave him 7 A per cent. Q. [low much have you paid him on account ? — A. I have paid all that I owed him. Q. How much is that !— A. I think it is about $2,000. Q. How are you to pay Mr. Gregg '. — A. In certiticates ; such i)ay as I get. Q. As they are issued to you, you pay his percentage to him ? — A. Yes, sir. Q. Did you ever get any contracts directly from the board ? — A. Y'es, sir. Q. To whom did you make your application ? — A. Mr. Shepherd and to the board itself. (^). ^\■llere did you get your contracts ; where were you when contracts were made out to you i — A. Here in Washington. Q. At what ])oint in Washington? The AViTNESS. When I got my first contract? i^lr. \ViLSO.\. Weil, any of them. ^s A. I was living in Georgetown then, at the Union Hotel. Q. I am not speaking of where you were living, but where you were when you got the contract. Were you and Mr. Shepherd together, for instance ? — A. No, sir. (}. Where did you get them? — A. I applied by letter, and tiiccon- tract was awarded to me. Q. Was there any bidding for these sewer-contracts that you are 2014 AFFAIRS IN THE DISTRICT OF COLUMBIA. aware of ! — A. Yes, sir ; there was a bid for B street. I put in a bid for it. Q. Was there any advertising for bids 1 — A. Yes, sir Q. You put in your bid pursuant to that advertisement ? — A. Yes, sir. Q. And the contract was awarded to you ? — A. Yes, sir. Q. What did you get for this Boundary-street sewer ? What was the price that was paid for it? — A. There are two or three of the Boundary- street sewers; wliich one do you refer to? Q. Well, I will take the one that you are now constructing. — A. We are not working on any of my contracts now. Q. The one that is in process of construction. — A. We are working on the (jrregg contract now. Q. Very well, I will take that. How much do you get per linear foot for that sewer? — A. I think it is thirty-six dollars and some cents. (),. How was that thirty-six dollars and some cents made up in fixing the price of that sewer! — A. It was made up on the excavation, on the price of material, labor, «&c., I suppose. Q. Is there anything in their going to makeup that amount in regard to discounts on certificates ? — A. Not that I know of. When we bid for it we generally make a discount. Q. Because you have to take certificates ? — A. Yes, sir. Q. Do you know Avhat that is estimated at? — A. No, sir. Q. You do not kuow^ what that was put in at ? — A. No, sir. Q. You did some paving, I believe? — A. Yes, sir. Q. On what street ? — A. B street and F street. Q. Any other street? — A. No, sir Q. Did you do any grading? — A. Yes, sir. Q. Did any other person do grading on these streets before yon put your pavement down? — A. Yes, sir. Q. Who? — A, A man by the name of Hussey. Q. Anybody else? — A. I think not; I do not think there was, sir. Q. Which street did Hussey do grading on? — A. He did a portion of the grading on B street, between Sixth and Seventh. Q. ]>id he prepare the street for the pavement? — A. No, sir. Q. How much did he lack of it? — A. O, considerable. Q. How much excavation did you have to do in order to put dow^u your pavement? — A. A very large amount, sir. Q. Did you pay for grading? — A. A portion I did ; all over and above two feet. Q. Do you know whether that two feet was deducted from your paving contract or not? — A. Well, I supposed it was. That was my contract. I suppose the engineer deducted it. I think it was so, because he made the remark that there were two feet to be taken off from the depth. Q. Were you in the employment of the board before you began taking these contracts ? — A. No, sir. Q. You held no office under the board ? — A. No, sir. Q. Had you been a contractor prior to the time you commenced this business ! — A. Yes, sir. Q. I see your contract, which I have in my hand, states that you shall be paid in cash or the equivalent of cash in bonds or certificates of the board of public works, as the said party of the first part may elect ; that is to say, as the board of public works may elect. Have they issued certificates to the amount of the work done under this contract, count- ing the certificates at par-value — at their face-value ? — A. Twenty-five thousand dollars they have issued to me. TESTIMONY OF W. W. CORCORAX. 2015 Q. la that what the work amounted to ? — A. Yes, sh-, about that ; it is a traction over it ; very close to it. Q. And your chiiiii, then, is tliattliey owe you the ditterenee between the face-vahie and the actual market-value of the certiti(;ates ? — \. Yes, sir: that is it. A i)orti(>n of these eertiticates were taken with treas- urer's acceptances, payable two nu)nths after date. Q. What has become of those a(;ceptances ' — A. I am carryinf>' a por- tion of them and paying large interest upon them. They have not been paid. Q. Tlie board has not paid them to you ? — A. No, sir. Q. Are they due? — A. O, yes; past due long ago. Q. You were the successor of Emmert & tSmitli in this street-sweep- ing business? — A. Yes, sir. Q. Were you sent for by the board of ])ublic works with reference to the i)ayment of this $7,000 order that you had given in favor of these workmen ? — A. I was sent for to give my consent to with(b^aw it. Q. Was it withdrawn, do you know f — A. 1 do not know ; 1 think not, however; 1 think it remains there yet. Q. At the time that order was given by you, if I understand you, the board owed you that amount of money ? — A. Yes, sir. Q. And they have not since paid you ? — A. No, sir. Q. Aiul if the board is able or willing to pay, you have no objectioQ to these Djen being paid ? — A. Not at all. Q. I suppose you prefer that they were ? — A. I should very much pre- fer it, sir, I can assure you. Q. What amount of certificates was put into that property that was purchased ?— A. I think 67,000. Q. Have you put any other certificates into real estate ? — A. No, sir. Understand, I did not do that for myself; no money of that came out my business, whatever. The committee here adjourned to 10 o'clock to-morrow morning. Washington, May 19, 1874. Committee met pursuant to adjournment. The proceedings of yesterday were read and approved. W. AY. Corcoran sworn. By Mr. Thurman : " CJuestion. Will you please state to the committee anything you know of the payment of taxes in this District in certificates, or of any otters made to you in that respect '? — Answer. I know nothing about h<')w they were paid. I only know there was an application made to me to ])ay me early in November last, and an abatement was offered to me of 1(> per cent., instead of that allowed to all other citizens — per cent. (^. TiuM'e is per cent, allowed by the law ? — A. Yes, sir. ! had between ."^1*^,000 and >i. Q. You were not present i? — A. No, sir; Mr. Kiggs told me. Q. State the whole transaction, as it occurred between you and Mr, Harlan. — A. Mr. Harlan stated to me that the District was indebted to him for more than $20,000, and that he could use that indebtedness in paying taxes; if I would give him my tax-bills, he would pay them and bring them to me receipted. I then told him that the corporation allowed the discount of per cent. He said he would make it 10 per cent, in addition to that. He said be would get my bills, have them re- stated, and ask me for no money until he returned the bills to me, re- ceipted by the collector. 1 intended to do it at the time; I intended to give him some money ; but, on consultation with a friend, he said 1 had better pay my taxes as all other citizens were bound to ynxj, and not take this abatement; that I had better go and pay the collector myself, wliicli I did a short time afterward. Q. Did you understand this was a debt due to Mr. Harlan individually, or to the Chronicle ofdce ? — A, To the Chronicle office. He so stated, I think. Q. You paid your taxes, then? — A. Yes, sir; on the 29th of November. Q. Without any other abatement than the law provided — the per cent, f— A. That is all. Q. [Handing witness a memorandum.] This is the amount: "No- vember 29th, 1873. For the amount of taxes paid the year ending 30th of June, 1874, $24,514.88." That is correct? — A. Six per cent. less. Q. That was the amount of the taxes? — A. Yes, sir. Q. You paid it less G per cent, discount allowed by the law ? — A. Yes, sir; that was the memorandum made by my clerk. James Harlan sworn and examined. By the Chairman : Question. State to the committee the circumstances attending this affair with Mr. Corcoran; how you came to make it; and all you know in relation to it. — Answer. The Chronicle Publishing Co'mpau^^ had some claims against the District government for printing done for the different executive offices, for which appropriation had been made by the legislature at its preceding session. They were not presented form- ally for payment, and when sent forward the company was informed that they had no money to pay them with — that the money was all ex- hausted. This report was brought to me, and I made some inquiry in relation to it, and was informed that if we could find any persons who had not paid their taxes who would pay in their taxes, we could draw the money, to the extent of the appropriation which had been made by the legislature, on our bills. I made some inquiry, and learned of sev- eral persons who were still in debt for taxes, among them Mr. Corco- ran. I attempted to see these parties, and did see Mr. Corcoran and related to him the circumstances. I told him that the company needed the money, and could draw it ou these claims for which appropriation had beeu made if the money were l)aid in, and that I had learned he had some taxes that had not been paid. If he was prepared to pay them, and would do so, it would be au accom- modation to us, for we would then be able to draw the money. I told him I did not wish to have him discommode himself to oblige us with- TESTIMONY OF JAMES IIARLAX. 2017 out y ^Ir. TilURMAN : <^ These were general taxes tliat were due ? — A. Yes, sir. i). And upon the treasury being put in funds for the amount of these axes, then an equal amount was paid to you ui)0u your bill ? — A. Yes, .-^ir ; that was the operation. (^. It was not necessary to go through the formal process of putting the money into the treasury, but that was the substance of the opera- tion ? — A. That was the operation. If the taxes were i»aid, in then the government Avould ])ay its debt to us to the amount of tlie api>roi)riatiou whicli had been made. The money was not counte*! into the treasury, but the draft was drawn for it precisely the same asthougli it had been. By ^h: Stewakt : (^>. Could not anyone pay taxes witii warrants .' — A. I so understood, and we arranged taxes in that way for several persons — l supiiose half a. dozen different men — on account of the claim we wished to convert. 127 DOT 2018 AFFAIRS IN THE DISTRICT OF COLQMBIA. Q. Do you know wbetLer you liad any superior advantages or facili- ties for doing- it over others ''! — A. None wliatever — that is as far as 1 know. I was told anybody could do it who cauld get anybody to pay in taxes, and have claims for wdiich appropriations were made by the legislature. Q. Did you say the whole of these claims were paid in that way ? — A. O, no, sir; not all of them. Q. By converting those tax-certificates ! — A. No, sir; not all of them. Several thousand were paid in that way. The exact amount I could not give without reference to the books. Q. Did you receive payment of any part of that claim by means of the Market Company, or in any way connected with the Market Com- pany'? — A. No, sir; none whatever. Q. Or of any other claim of the Chronicle Company f — A. None that I think of. I do not remember. Q. Did Mr. Ordway ever hold any mortgage upon any part of the Chronicle establishment "? — A. Yes, sir. Q. How much was the amount of that mortgage ? — A. I do not remem- ber now. It ranged somewhere along from $9,000 to 811,000, I think, originally. Q. I mean Mr. Ordway, the Sergeant-at-Arms of the House? — A. Yes, sir; Mr. Ordway and William E. Chandler were the original par- ties. Q. How was that mortgage paid ? — A. I do not know that it has ever been paid. Q. Did not you procure, or did not Mr. Ordway, as president, or what- ever position he occupied in the Market-House Company, give you a check in favor of Governor Cooke for $10,000, or something like that amount? — A. I think not quite that. Mr. Ordway was anxious to get some mone}^ on some notes that he held against the Chronicle Company, made before I had any connection with it, and mentioned the matter to me. I ultimately succeeded in borrowing some money for him ; and the notes and mortgage were transferred to the party who loaned the money. Q. The question I asked you was whether you did not get from him a check for $10,000, or thereabouts, in favor of Governor CookeJ — A. Not that I remember. My memory of the transaction is this : that he arranged for the money with Governor Cooke, but I understood him his brother. Jay Cooke, loaned the money. Governor Cooke drew a check for the money; that is my impression, and that I took his check to Ordway, and took up the notes and mortgage held by Mr. Ordway, and handed them to Henry D. Cooke, to be by him transferred to Jay Cooke & Co. Q. Was not this the transaction 1 Did not Mr. Ordway, as an officer of the Market-House Company, give you a check payable to Governor Cooke, and for ten thousand dollars, or thereabouts, of the poor-fund that was to be paid by the Market-House Company, or $25,000 poor-fund, on account of that ? — A. I think not. I only remember of one check. 1 do not see how he would give any other check. My memory is that Governor Henry D. Cooke handed me a check payable, I think, to Ordway, or order, for the amount of these notes and interest, and that I carried that check to Mr. Ordway, and gave it to him, and took up the notes and mortgage which he held against the company, and carried those papers to Mr. Henry D. Cooke, and handed them to him, he stating that he had procured the money of his brother. Jay Cooke, and I suppose he turned the papers over to him. Q. You say Ordway gave a check ?— A. No, sir ; I did not say that. TESTIMONY OF JAMES HARLAN. 2019 I say my impression is Tleiiry I). Cooke gave a clicck, i)ayable to Onlway. It may have beeu made i)ayal)le to me, for aught I know, but I thiuk it was made payable to ISlv. Ordway direct. Q. Try and refresh your recolh'ctiou wliether Mr. Ordway did not, either by check or in some way, pay over to Henry I). Cooke, as gov- ernor of this District, 810,000 V that pooi-relief fund.— A. Not that I know of; that is, I do not remember anything of the kind. 1 do not see why he woukl have done so to me in our transaction. Q. Let us see about that. Sui)pose he did pay it o\er to (Governor Cooke in that way, and then (lovernor Cooke i)aid your bill — 810,000 on your bill with that sum of money — might not that account for the business .' — A. He might have gotten the money from any source he chose. I do not know where iie got the money. 1 understood from him he got it from his brother — his brother. Jay Cooke. By Mr. Stewart : Q. "Was your mortgage released ? — A. No, sir. A part of it has been paid since."^ That is, 1 do not suppose it is. It was not a mortgage given by me. (). AVere the notes still after that held against the concern ? — A. Some of them were still outstanding, as I understand. Part of them were paid afterward by the company. Q. I mean by that particular transaction. — A. I thiidc one or two of these notes were taken up by the company. Q. Were the notes taken up at that time? — A. No, sir, not at that time. We sim[)ly borrowed the money of Henry J). Cooke, with which we lifted the paper held by Ordway against the Chronicle Tublishing Company, and turned over those notes and papers. They were not the notes signed by me or anybody in the company. They were signed l>y .John M. Morris, at that time a clerk in the Senate. It was a trans- action of his which came to my knowledge after I formed a connection with the company. "We took up Mr. ]Morris's notes which were secured by a mortgage on the property of the Chronicle Company, and handed them over to Mr. Henry D. Cooke for the face of the notes and interest which had accrued up to that time. By Mr. Stewaet : Q. Your statement is simply this : You borrowed the money of 3Ir. Cooke. He furnished the money you paid to Ordway and took the securities out of his hands and placed them in the hands of .Henry D. Cooke ? — A.|Yes, sir ; that is the transaction. By Mr. Tiiurman : (^. Did you have any conversation with Ordway about the mode of raising the money ? — A. I had a great deal of conversation with him. I told him that we were not ready to pay the money Just then. He stated various reasons why he wanted the money. He said that he was in debt to somebody in New Hampshire, and wanted to carry the money with him when he left Washington. There was a great deal of other conver- sation, such as occurs between men doing business of that sort. I re- meml>er that in talking with Henry 1). C^ooke, in relation to it, he men- tioned him, and told me why he wanted the money. He stated that he wanted it to ))ay to ]Mr. Ordway. He said he wished ]Mr. Ordway would pay his taxes; that he owed tlie Covernment some taxes, which he wished he would pay. <^ J)i. You wanted furtlier time .' — A. Yes, sir. Q. And you got this man to buy the notes and KioiL^^a-L- .' — -v. Yes, sir. By Mr. Thueman : Q. Is that mortgage still outstanding, or lias it been paid off ? — A. Some of the notes have been i:)aid, and some of them, I think, have not been. I do not think they have all been paid. There have been payments made from time to time on them. I think probably one or two notes have been taken up. There were several notes. Q. You understood that Henry D. Cooke acted for Jay Cooke & Co.? — A. He told me so. He told me it was Jay Cooke's money. Q. Do these notes, or either of them, appear in the assets of Jay Cooke & Co. ? — A. I think they do. I am not sure about that. J think, however, in noticing a schedule of the Washington and Philadel- phia firm that I saw some notes of John M. Morris in the published schedule, which I suppose to be some of these notes. Mr. Cokcoean. I would like to state to the committee that these taxes that I paid were not taxes in arrears. They were paid by me in November. They are not due until July next — July, 1874. They were not overdue taxes. 3Ir. TnuEMAN. So we understand. Mr. CoECOKAN. I wanted the matter understood. I was not unwill- ing to pay my taxes. Examination of Mr. Ja^ees Haelan resumed. By Mr. Stanton : Question. You were not a member of the Chronicle Company at the time of this transaction in which the mortgage was given on the Chron- icle i)roperty ? — Answer. So, sir. I think the notes were given before the company was incorporated — when John M. Morris was the sole owner of the property of the Chronicle Company. I think he gave the notes and the mortgage on the property, and that the company was in- corporated afterward. That is my recollection of the matter. Q. You are quite clear, however, that the indorsement of Mr. Ord- way upon that paper was not necessary in order to transfer back ? — A. I have a very distinct memory that I asked him to indorse the notes, and he observed that it was not necessary at all; that the holder of the notes and mortgage could colled the notes. I do not remcmbt-r that I read them at all. i). Under our form of security here, the lien of a mortgage passes with the transfer of the paper ? — A. I am under the impression that Mr. Oi'dway so said in explanation of his declination to indorse. Q. On what property was this mortgage given? — A. I could not state exactly what, but I think on presses and other property. Q. On all personal property of the newspaper company ? — A. I do not know what proportion of it. It was on some of the presses, at all events, and property of the company. Q. And the advance was made to the company* by the banking firm of Jay Cooke «S: Co., and they took the securities — that was the trans- action ? — A. I am not sure about 'its being the firm; the arrangement was made with Henry I). Cooke, and he observed at the time that the money was Jay's that he was letting me have. By Mr. Tiiurman : (}. About wliat time was that ? — A. 1 think it must have been a year since — ncarlv two vears, I think. 2022 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What office did Mr. Ordway then hold in the Market Compauy ? — A. I am not sure; I have au impression that he was president of the company. Governor Siiepiierd. l^o; he was superintendent; he was never president of the company ; he was managing director. Matthew G. Emery was the president. Mr. Stanton. Mr. Ordway has testified here as to the interest he had in the Market-House Company. The Chairman. He was not inquired of in regard to this transaction. Mr. Stanton. No, sir — merely as to his position in the Market-House Compauy — the extent of his control over it. \ The committee here took a recess until 2 o'clock. 2 o'clock p. m. On the committee reconvening, Wright Eives recalled. By Mr. Thurman : Q. Have you made any more examinations in regard to measurements of the improvements in this city, and the amount paid for them compared with the amount of work actually done ? — A. I have written out the examinations I have made previously. I have made but one or two new examinations. Witness then read the following statement : Governor's Answer, page 411 : Connecticut avenue, H to I and K to Boundary. Report Board Public Works, 1873, page 84, No. 42: United States paid :j^l04,266.27 ; the property-holders paid 123,638.08; making$127,904.35asthe total amount the board of public works received in money for the street. But since the whole cost of the street was $110,575.43, we deduct from the above, and we have $17,328.92, which represents the money actually received beyond the cost of the street. But the general fund has been charged with $47,276.15 ; add to the above, we have $64,605.07 as the amouut charged beyond the cost of the street. If w^e examine page 84, Board of Public Works, 1873, we will see that the United States has been charged with only $39,661.20 ; subtracting this from amount paid by United States, $104,266.27, and we have $64,605.07 as the amount overpaid by United States. Now, since the United States iiaid $104,266.27, we deduct it from the actual cost of the street, $110,575.43, and w^e have $6,309.16 as the amount to be paid by the property-holders. Divide this by the number of feet of tax- able property, and we have the amount to be paid for per front foot by the property- holders, (leaving out fractional part of feet,) and we have $0.86.49 as the rate per front foot that ought to be charged to the property -holders ; deducting this from the amount charged iu the table, $3.24.07, and we have $2.37.58 as the amount overcharged per front foot. By Mr. Thurman : Q. Before you pass from that, how do you get the amount of the act- ual cost of the improvement! — A. By referring to the Eeport of the Board of Public Works for 1873, on page SG, Mr. Forsyth's table, in which there the total cost of the street Mr. Forsyth sums up as $110,000 and some odd cents, of which the United States was only charged with $39,000. But examining the Governor's Answer, we hud the United States has actually paid $104,000, instead of $39,000. Q. That is Connecticut avenue ? — A. Yes, sir. Q. Does the table of Mr. Forsyth purport to include any improve- ments opposite Government property? — A. There is a reservation on Connecticut avenue, a small reservation — Eighteenth and M, I think, they call it. It is on the map on the left-hand side goiug up. That 839,000 embraces a charge of Government property. Mr. Thurman. Proceed with the next. Market-space, Seventh to Ninth street : Governor's Answer, page 437 ; Report of the Board of Public Works, 1872, Table X ; contracts Nos. 107 and 145, United States charged with five-sixths of 2,592 square yards of wood pavement, 2.160 at $3.50, $7, 560 ; 370 feet of sewer, at $4.70, $1,739.00 ; curbing, 320 feet, at $1.50, $480. If we examine TESTIMONY OF WRIGHT RIVES. 2026 Ta1>le X we linil 109A feet of curlj, at SO cents, slOO.74 ; 538J feet old resetting, at 2.") cents, .sl:?4.(>:> ; hanling curb, SS.7(\ ; making in all 8244.13 as the whole amount for new and old curb and resetting. Deducting from the above, we have $2;5r).87 as amount overcharged on curb. The whole amount of wood pavement laid is 2,'M')'^i square yards, at S-^, s7,000. In the Governor's Answer we see that it is charged that 2,.'')'J2 were laid, and that the United States paid for live-sixths, 2,1G0 square yards, at i^'S.aO, $7,r)G0. Sub- tracting from the above we have :$500. That is, the United States paid for five-sixths of the wood pavement laid, and i)aid $500 more than the cost of the whole wood pavement. From the above we see that the United States has paid, or rather been charged for their jiroportion of the improvement, S'J:52.01. In the Governor's Answer, the United States has paid 8^,779 as tlieir portion for the same work. To this add the general fund, 8^,^22.17, and one-third property-holders, 82,027.35, and we have 81<',728.52 as the amount collected and charged to the street. Deducting from tiiis the actual cost of the street, (5 per cent, being added,) 87,882.61, we have 88,845.91 as the amount charged and collected bej'Ond the cost of the street. Now if we add what the United States paid, 89,779, to what the property-holders were assessed, and which is actually money, since tax-liens have been issued for the same, we have 8l2,40(j.5'.5 as the amount actually collected in money for the cost of the street. Deducting from this the actual cost of the stn^et, (5 per cent, added,) 87,882.01, and we have 84,523.92, as the amount of money actually collected by the board of pub- lic works beyond the cost of the street. Now if from $9,779, the amount paid l>y the United States, we take 87,882.01, the cost of the street, we have -1,890.39, the amount paid by the United States beyond the cost of the street; divide this by the number of taxable feet of property, 3^9 feet and 4 inches, and we have 84. 87v,,'*,7, which represents the amount that should be paid to the prop- erty-holders per front foot. This seems strange, that the street should be paved with wood and that the board of public works should pay to the jiroperty, instead of the property paying to them, $4. 35r;,'',r> as stated in the table ; but the fact must be borne in mind that the United States has been compelled to pay for a sewer that was put down by the property-holders themselves, and since the board of public works has made tlie United States pay 84.70 per front foot for the same it is but just that it should be returned to the property-holders. The rate per front foot, $4..35 fdTT, as stated in the table, is wrong; it should be 80. 7,5, Vjj, a difference of 82. 39 1'*,",, ; that is, the property should be charged this much more than stated in the table. Pennsylvania avenue. Fifteenth street to Rock Creek : Governor's Answer, pages 411- 422, Report of the Board of Public Works, 1872, table ; United States charged with 22,545 square yards of brick pavement, at $1, 822,545. If we examine the table we find 12,300 square yards new bricks and 10,245 square yards old bricks, making in all 22,545 square yards. 'But the new pavement cost 811,":W9.80 and the old 82,5(;i.25, making in all 813,951.05. Subtract from the above and we have 88,5915.95 overcharged on pavement. Curbing, 11,907 feet, at 81.,50, $17,800.50. In the table the whole amount of curb charged, new and old, and resetting, §9,800.30. Deduct from the above and we have 88,000.20 overcharged. Cobblestones taken up, 15,409 square yards, at 15 cents, 88,311.35; in talde, 40,451 square yards, 80,005.07, a difference of 82,245.08. Sew- ers, 7,084 feet, at 84.70, less two-thirds, 822,201.23 ; in the table, for the curb, we find no .sewers lai7'.i, we see Mr. Oertly makes the total cost of I'ennsylvania avenue, from Fift(!entli .street to Rock Creek, to be 8150,050.16. Subtract from this the amount of 8110,097.02 in the table of the report of the board of public works, 1872, which report was made to the President for transmittal to Con- gress, and we have a difference! of 834, .553. 14. Seventeenth street, from New York avenue to M street. (Report Board of Public Works, 1H72 ; Table X.XXI, Governor's Answer, pages 398 and 434.) If we examine the table we will see that the United States has been charged with -^9,667.20 in front of the War ami Navy Departnu-nts ; but on page 398 (Goveruor's .Vnswer) we see that the United States has paid 810.02-'. 80 for concrete alone at the War Department, and on page 434 it is charg<'(t for side foot-walks, excavation, sewer, sodding, anil curbing. So Table 31 mn.st be wrong, as the United States jiaid more than is stated in the tabic ; and since the true amount was not deductrd, the rate per front foot, as charged to the projierty-holders, is too high. We also fnid, for the same street, that the sewerage from New York avenue fcj canal is cliarged to the United States at 814,255.10. Contract No. 245. .sewer west side Seventi'cnth stniet, New York avenue to canal, 83,84^.92. Also, on page :'>98, fJovernor's Answer, 2,136ii macadam- ized pavement from Now York avenue to E street, at 81.50, .8:5,20.5. This same work was concreted at a later period at a cost of .'*3.5(( ])er s(|uar<; yard, and was paiil for in 2024 AFFAIRS IX THE DISTRICT OF COLUMBIA. full. Since the stoue-bed was liuisLetl, a dednctiou ought to have been made, and not $4.70 paid per square yard. Fifteenth street, Pennsylvania avenue to B street, Governor's Answer, pages 427 and 450, Report of the Board of Public "Works, 1873, paoe 84. (No. 51.) The report states that the United States has only been charged with §37,903.20. If we examine the Governor's Answer, we will lind that the United States has paid for C,610 square yards wood pa^'ement, at §3.50, $23,135, and Avith 3,3G2 square yards asphalt sidewalks, at ,$1.35, §4,53d.70 ; curb, brick pavement, and sodding, §G,5i)4.71. Assuming §6,000 for grading a low estimate, and Ave bave $40,268.44 as amount paid by United States. City-hall reservation, (on G street and Fourth street,) GoA'eruor's Answer, page 433. Contract No. 204, pages 253 and 344. Sewer on G street, 700 linear feet, at §4.70, §3,290. Contract No. 204, Avhole cost of sewer, §1,574.32, a difference of §1,715.68. Massachusetts aA-enue, New Jersey avenue to Boundary, GoA'ernor's Answer, page 412, sewers, §36,425; two-thirds of this Avas paid by the United States, §24,283.34. Report of the Board of Public Works, 1S74, page 1.54. Same sewer, whole cost, §22,223.47 ; the United States pays two-thirds, §14,815.65. Deduct from the above, and Ave haA'e §9,467.69 as the amount overcharged on sewer. Massachusetts aAenue, New Jersey aA'enne to Lincoln Square, Governor's Answer, page 412, 49,400 cubic yards grading and haul for same, §24,700. Contract No. 243, Avhich is the contract for the above, the Avhole amount receiA'cd by contractor, §23.702.42— a difference of §997.58. Vermont aA^enue, I to Fourteenth-street circle, GoA-eruor's Answer, page 415, Report Board Public Works, 1872, Tables XXXV and XXII. — Sodding 4,025 square yards, §2,012.50 ; United States, 5,740 square yards, §2,^70 ; brick pavement, 2,792^ square yards, §2,035.32 ; United States, 5,834 scjuare vards, at §1, §5,834 ; curb, ueAV and old, 2,583' 9'', §3,766.55 ; United States. 3,960, at '§1.50, §5,940, a difference of §2,173.45 ; 2.130 of sewer, less i : 1,420, at §4.70, §6,674. Report Board Public Works, 1872, Table XXII, total cOvSt, §5,313.74. Take two-thirds of both, and Ave find that the United States has paid §907.17 too much. If Ave examine the Table XXXV, Ave Avill find that the United States has not been charged. Twelfth sti'ectaud PennsvlA'ania avenue to Potomac RiA-er, GoA'ernor's Answer, page 405, Report Board Public Works, lt^72, Table XX\'II, contract No. 28.-1,500 feet of sewer, at §4.70, §7,050 ; United States pays the whole in table. Total amount of sewer, §12,929.03, and this whole amount is charged to the property, and no deduction for United States. The board of public Avorks, therefore, receiA^ed beyond the cost of the sewer the amount paid by United States, §7,050. First street, uortliAvest, Pennsylvania avenue to B street north, GoA'ernors Answer, pages 403-447. 733 feet of curb, at §1.50 §1,099 .50 258 square yards brick paA'ement, at §1 258 00 590 feet cnrb, at §1.50 885 00 3,111 square yards cobble-stones taken up, at 15 cents 466 65 Making, in all 2,709 15 These amounts should not be charged to United States, as the curbs and brick paA^e- ment were furnished, set, and laid by the Architect of the Capitol, and the cobble-stones Avere removed by the contractor Avithout charge. NeAv York aAcnue, Ninth to Fifteenth street. Governor's Answer, pages 399, 413. 414, 441, contracts 190 and 191, Report Board of Public Works, 1872, Tables XXIY andXVIII. If AA-e examine these Ave iind that the United States has been charged Avith and paid for 2,718 feet of scAver, at §4.70, §12,774.60. In the table, cost of same, §8,173.90 ; de- ducting from the aboA-e, we haA'e a difference of §4,600.70. Curbing to United States, 9,372 feet, at §1.50, §14,058 ; in the table, 9,372 feet, and hauling for the same, §11,873.73, a difference of §2,184.27. United States charged Avith 5,796 square yards brick pave- ment, at §1, §5,796 ; in the table 5,796 square yards of old and new, as foUoAvs : 4,321 of new, at 80 cents, §3,752.80 ; difference in price of 19,000 brick, at §2.50, .§47.50=§3,500.30, for new paA^ement; 1,475 square yards of old paA'ement, at 25 cents, §358.75; adding, Ave haA'e §3,869.05 as the total amount paid for paA'ements. De- ducting the above, Ave have §1,926.95 as the amount overcharged for paA'ements. But since the United States only pays two-thirds of the same, A\'e take two-thirds of §3,869.05=§2,579.94. Deducting this from amount paid by United States, two-thirds of §5,796.00, Ave have §1,284.06 as the amount overpaid by'United States on pavements. United States charged with 28,001 square yards concrete, at §3.20, §89,603.20. In table, 28,001J square yai'ds of concrete and vulcanite. But this includes also 2,236 square yards vulcanite sidewalk. The cost of the Avhole in the table amounted to §84,890.11, and tAvo-thirds of this, the amount that ought to be charged to United States, §56,593.41. Deducting from amount i)aid by United States, Ave have §3,142.39 as the amount oA'erpaid by United States on concrete. United States charged Avith 6,541 square yards sodding, at 50 cents, §3,270.50. In table, 4,472, at 50 cents, §2,236.00, a dilfcrence of §1,034.50. United States charged with 308 TESTIMONY OF WiilGHT RIVES. 2025 square yards tar siilewalk, at S2.35, $723.80; 445 square yards tar sidewalk, at ft2.3r>, 81,045.7"). Now these sidewalks only cost $1.40 i)er srjuare yard and are iu- cluded in the '2-;,001 of concrete, as stated previouoly ; 24,141 cubic yards of gradiu^^ at 40 cents, S'J, fj.5(j.40 ; hauling for same, at 10 cents, s2,414.10 ; making in all, .S12,070.."30. In table No, 24. wiiole amount of grading as follows : 'J,2'i7i cubic yards, s4,37y.G'J : haul, ■'?3'J2=84,771.(;'J. Subtracting from the above and we have au overcharge to T'nited States of .§7,298.81. In table United States charged with only wl4,'j:5U.45 : Governors Answer, page 413, | of sl37,572.80=:i<91,71;'3.20, a difference of "^"'3.77.". 7.'). By Mr. TnuR^iAN : Q. Was there uot some work done after the date of tlie rciJurL <>i liie board of public works in 1S72 and before the preparation ,reet, amounting to 5,00<.) square yards, and this is a reasonable estimate, leaving only 38,112 to be charged in the table, and that the private property was charged 817,500 too much. By Mr. Mattingly : Q. When was this prepared ? I only want to know whether it was prepared after the explanation by Governor Shepherd of the statement in the Governor's Answer. There is a typographical error in the answer, wliich has been explained by the governor. The Witness. I have not seen that explanation. (}. You ha^'e never .seen that ? — A. Xo, sir. 31r. Mattingly'. That is all. 1 simply wanted to know whether yon had .seen the explanation or not. [The witness resumed the reading of his .statement, as follows :J Buttlie United States paid for two-thirdsoft!ie 5,000 square yards ^811, G(>7. Now on page 427 Governors Answer : Pennsylvania avenue. Seventh to Eighth street east, the United States is charged for 3,808 square yards wood pavement, through the «oiinrp. nt .83..50. 813,.538, and thisispart of the same wood i»avement contained in the : yards; United .States charged with 81^,1 c. feet, or 60 ceuts per yard 1 , i:!2 2i i 1,0(55 gravel should not bo credited to him as hard surface excavation, be- cause it was taken from surface of road where! lilling was required, but might bo allowed a price efiual to the worth of gravel in the l)ank 213 oO (iraveling 3,131 s(iuare yards, at 14 cents 138 31 Masonry, 1,035 cubic yards, at 70 724 52 Sewer-pipe, furiiisheel and laid, §1.62 126 36 Gutters on ea.st «ide of road, 707 cubic yards, at 29 coats 205 Oo Allowed .July 1,1872 ;,, >7I 37 2032 AFFAIRS IN THE DISTRICT OF COLUMBIA. Henry Schkeidkk. Contkact, Sei^t. September i:?.— Masonry, at !?/ per cubic yard, 152 cubic yards 81, 004 OO Brick, #2 per M 132 60 1, 196 60 October 5.— JIasoury. 428.33 cubic yards 82, 998 66 Brick, 9,900 217 80 3.216 46 December 6. — Masourv, 621 cubic yards, at 87 84, 347 00 Paving,'l9.5 136 50 Sewer-pipe 18-inch, li^l.52 177 84 Bricks, 9,900, 8-22,00 per M 217 80 4,877 14 Crowley. Dec. 1672. Grading 10, 455 cubic yards, at 29 §3, 031 95 Gravel taken from surface, 2,952. Of tins 1,887 yards was taken from surface of ex- cavation, for which he shoukl be allowed 40 cents per yard of 2 feet depth, which is 40 cents. By Mr. Wilson : Q. Is that all you have ? — A. That is all I have written out. By Mr. Stanton : Q. I should like to inquire at whose request this statement was pre- pared. — A. I have beeu working on this ever since the first day the board was created. I had some of it when I was up here the last time ; l)retty nearly all ot it was in a rough state. Q. At whose request was it put into its present shape '?— A. I deter- mined to do it myself. I had no idea of coming before the committee when I started with this thing. Mr. Christy. He had the memoranda at home, and the committee requested that he should produce them. They did so long since. The Chairman. I presume, Mr. Mattingly, that you desire to wait until the statement presented by the witness is printed, before you pro- ceed with your cross-examination. Governor Shepherd. We should like to have all of Mr. Kives's state- ment before we are called upon to answer or reply to what is stated. If we find there are errors, we will cheerfully acknowledge them ; other- wise we want to answer them. The Chairman. Do you propose, Mr. Eives, to bring in anything further ^ The Witness. I do not propose to write out any more, but I have a good many here in a rough state. Governor Shepherd. Then we will answer what is presented, under- standing that this is all. The Witness. But before I leave the stand, I wish to say one thing. Gpvernor Shepherd, in his former testimony, on page 183(3, says : " I was importuned by Colonel Eives, and a great many persons living on the line of the road, in regard to the condition," &c. I do not like that word "importuned." Governor Shepherd. I will change it to suit you ; I will say that you "bothered" me a good deal about it. The Witness. You stick to that — all right. The Chairman. I do not think that is material. Governor Shepherd. Any word you see proper to select that will express the meaning I will cheerfully use, Mr. Eives. TESTIMONY OF WRIGHT RIVES. 2033 The Chairman. You testified you went to Goveruor Sbeplienl and asked bini. The Witness. I went to hiin once; that is not "importuning." Mr. Stanton. ^VIlat word will you sti,^-,<>est '. The Witness. He nii<>lit say, I wrote him a letter asking him to do it. Governor SiiEPnERD. The truth is, you bothered me every day for three or four weeks about it. The Witness. That is what I never did — importune you. By Mr. Stanton : Q. You refer to an examination of several cases where you say the cost of the sewer was less than the amount charged to the Government ; does it escape your observation that there were many cases in which the cost of the sewer was in excess of the amount charged to the Government; and did you examine any such cases ? — A. I think there is one case on Missouri avenue. (}. You made no computation, however, in respect to those cases in which the cost of the sewer was in excess of the amount charged to the Government? — A. Xo ; I took the sewer table. Q. And made this computation one of those cases where the cost was less ? — A. O, no ; only where I found full sewer tables. Q. Did you find in the sewer-tables no case in whicli the cost of the sewer was in excess of the amount charged to the Government ? — A. No, sir. I do not think I ever saw one but in ^Missouri avenue, bctweeu Third and Sixth streets. I think in that sewer the Government under- l)aid, and I think that is the only case I came across. Q. You do not mean to say, however, that that was the only case of that kind? — A. That is the only case I found. Q. The only case that you noticed ? — A. Yes, sir. By Governor Shepherd : Q. You examined Oertly's statement where he made up the amount expended on the sewers ? — A. Yes, sir. Q. \)o you find those to be the proper expenditures ; have you ex- amined the part of the United States ? — A. i^To; I just took Instable and struck out the main sewers. By Mr. Stanton : Q. This comparison which you have made here today, in many cases relates to mere charges against the Government, and not to amounts actually paid by the Government, does it not ? — A. Those amounts are l)aid. Q. Did you not refer to some cases — in some is there not a mere charge against the Government for work not yet paid for ? — A. I do not tliink so; I think it is all [)ai(l for; all that is in the Governor's An- swer has been paid for — that is the wa3' I understaiul it. I took those amounts which I find in the Governor's Answer as the amounts paid by the United States. By the Chairman : Q. I think the governor handed us a table which purports to be a statement of the total amount paid by the (irovenimcut for sewers, and also the total amount paid by the board of j^ublic works for the same sewers; have you examined that table ; — A. Yes, sir; it is in Mr. Oert- ly's testimony. Q. And you find that that table isincjorrect ? — 4" ^ ^^.V that, to make the table correct, you should strike out the main sewers on both sides. 1128 D c T 2034 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. I want to see if I nuderstaiid what that table is. I understood the board of public works to present to us a table showing the actual cost of certain sewers; that is, the actual money paid by the board. Then they say that the Government of the United States paid a thou- sand dollars less on the whole than was paid by the board. Is that true or not true, or have you examined so as to ascertain ? — A. I am not iu a position to examine, because I had not the vouchers. I would have to have the original vouchers, and examine them, to see whether the amount is correct ; but I took their amount as correct, and struck out, as it should be done properly, the main sewerage on both sides, and then you get what the United States paid, $100,411.62 in excess of the cost to the board of public works. Q. But if you do not strike out the main sewerage, then I understand the table to be substantially correct? — A. Yes, I suppose so. By Mr. Stanton : Q. Then, what is the reason why the Government should not be charged for its proportion? Why do you strike it out as a charge against the Government? — A. Well, Oertly, in this table, wanted to establish that $4.70 rate. That is the way I understand it. Governor Shepherd. No, you are wrong ; Mr. Oertly says that that was his average. He made it up. It had nothing to do with this state- ment. This statement was intended to demonstrate that, instead of the board taking advantage of the Government, it had actually paid out more on these sewers than it had received from the Government. It was not intended to apply to the average. By Mr. Stanton : Q. I understand you to concede that the Government ought prop- erly to be charged with its proportion of the main sewers, and then if you make out a comparison of what the Government has paid for sewers, and what the Government ought to pay for sewers, the main sewer should be included in such a comparison, ought it not ? Take the whole sewerage-system of the District and compare what the Govern- ment has paid with what it ought to pay ; you would include a proper charge for main sewers, would you not? — A. Yes, sir; but I would make it entirely different from those tables. M. G. Emery sworn and examined. By Mr. Wilson : Question. W^ere you formerly mayor of this city? — Answer. I was. Q. What is your business?— A. 1 have been a contractor and stone- cutter most of my life. Carried on the stone-cutting thirty years iu this city. Q. Do you know the prices of iiagging for the last two or three years? I mean this North Eiver flagging such as has been laid down about the city by the board of public works and about Government property. — A. I have been dealing iu it for thirty years. I have a general idea of the i)rices. Q. Have you any price-list? — A. I have a list with me. I was noti- fied by the gentleman who summoned me to bring the price-list. I went to the oflice to get it, and they had been loaned. I was told that the past vear's price-list had been loaned by somebody. I found a list for 1871 and 1ST2. Q. What are the prices for that kind of flagging which has been used ? — A. The price, do you mean, delivered in Washington ? TESTIMONY OF M G. EMERY. 2035 Q. Yes, sir. — A. It varies from 17 to 24 ceuts, perhaps. Q. That is, delivered in this city? — A. Yes, sir ; twoiuches and over ; that is, two or three inches tliick. Q. Is that the same kind of flagging as they have been usiug here ? — A. Yes, sir. Q. What is it worth to furnish the necessary material and lay it down and joint it as it is now done per square foot? — A. It costs about ten cents ; we estimate it at about ten cents. Q. AA'hat would be a reasonable price for furnishing that kind of flagging and putting it down — furnishing all the necessary material? — A. For a flagging three feet, four feet, five feet, and six feet courses — it comes in courses in that way — the natural face edged, jointed, and laid, sand and cement, would cost about 44: cents. By Mr. Stanton : Q. I understand the question to be a reasonable price for it. By Mr. Wilson : Q. You have given the cost price of furnishing it and putting it down? — A. Yes, sir; 65 cents is what we would charge if asked our price. . Q. There is another class of flagging that is used here, that is sawed, or dressed, or axed oft', I don't know what term you apply to it ; what is that class of flaggiug worth — what is the reasonable price for furnishing that and putting it down ? — A. It would cost about 15 cents extra. Q. Fifteen cents in addition to the others ? — A. Yes, sir. Q. That would make it about 80 cents ? — A. For the cost, I mean 15 and 44. Q. What would be a reasonable price ? — A. Twenty-five or thirty' per cent, put on to the cost is the usual charge over and above the cost of those things. Q. Have you noticed the testimony that has been taken before the committee from day to day ? — A. I have, pretty generally. Q. There were some bills read here by the governor, 1 believe, in his testimony, for work that had been done by you around Government property. Did you notice those ? — A. The Fourteenth-street circle was mentioned in i)articular. I furnished there four-inch sawed Seneca flagging, for whicli I paid 75 cents to the Seneca Stone Company. I jointed it and laid it, com])lete, for which I charged !§L25. It will cost throe times as much to joint four-inch Seneca flagging, and keep the edges square, as it will to joint ordinary bluestone. Q. That nuikes the difference between the two? — A. The cost is more than three times as much for the stone. Q. I think there was, perhaps, another bill of yours that was read by the governor? — A. I notice one spoken of for flagging furnished in front of the War and Navy Offices, I think. That was to be large flagging furnished — about four feet, perhaps, and five and six feet courses; none less than three inches thick. The work was done soon after the war, l)erhaps in 1867, when gold was about 150, I think. We got 84 or 85 cents a foot for it, I have forgotten which. AVe got a very good price for it, the best price I ever got for anything Irom the Government. Q. You did not consider that below what it was worth .' — A. It cost me about 50 cents. Q. You furnished all the material in that case, did you ? I think there was, periiaps, another bill of yours that was read by the governor? — A. Yes, sir; sand, &c. We include in that the raising of the curb- 2036 AFFAIRS IN THE DISTRICT OF COLUMBIA. Stone and filling up. We raised it about eigbt inches, I think, at Seven- teenth street corner. We raised the curb, and filled it up, and put sand in, and finished the whole thing. Q. We have had considerable testimony heretofore in regard to the condition of tlie school-fund at the close of your administration, I be- lieve it was. Do you recollect how that was? — A. Not any further than this. I paid the school-teachers all exce])t the last month. I left the office on the 31st of May. 1 made out the bill and gave the check for that, I think ; but that check was not paid ; it was turned over. I paid them to the 1st day of May. I collected money and deposited it in the bank. If every check that I gave had been paid — I did not check out the money I put in the bank during my year; the books will show that. Q. Let me see if I understand you. The school-teachers had been paid to the 1st of May, and when you left the office on the 31st you gave a check"? — A. Yes, sir; to pay them for that month. Q. Was the money there to pay them with ? — A. I had put it in the bank ; but the bank refused to pay my checks. Q. Had you put the money in the bank ? — A. I had. Q. Why did the bank refuse to pay "? — A. 1 had better, perhaps, ex- plain it in a few words. When I went into office the bank-account was overdrawn some $202,000, 1 think, by the report. There was no money, of course. The corporation and Congress both authorized the issuing of certificates bearing 7^^ per cent, interest to pay up the old indebted- ness as it was called — the Bowen indebtedness. Those certificates were issued and deposited as money in the First National Bank. It was understood particularly with Mr. Huntington and Mr. Cooke, that if I would deposit those certificates they would take them for their indebted- ness the same as other parties took them ; and they were deposited with them, and hiid along without squaring the bank-account, perhaps. Af-. ter it was ascertained that the old corporation was to be superseded by the new they refused to credit those certificates on the account, and refused to pay my checks, and consequently there were a number of checks laid over, perhaps a hundred or two hundred thousand dollars. I do not know the amount ; but it was a hundred thousand dollars, i^er- haps, that was refused to be paid by the bank. Thej^ did not take those certificates, but refused to take them. How they fixed it up afterward, I do not know. That was the ground, however. They held the money because of the overdraft when 1 went into office. Q. What books would it be necessary for us to have in order to get at the exact status of that school fund ? — A. I suppose the bank-books will show exactly. Do you mean the corporation-books ? Q. Yes ; what corporation-books would show the exact status of that school fund at that time ? — A. The reports made at the end of the year, as published, will show ; the report of the comptroller, perhaps. Q. What reports are they? — A. Every yearly report. I think Mr. Baker made a report. Yes, Mr. Baker made a report to the legislature, and Mr. Wilson's report of the school-fund shows how they were paid ; that shows the number of months that I paid the teachers. They were five months in arrears when I went into office, I think unpaid. I paid that off partly with those certificates — perhaps two months of it with these 7-j^o certificates, and the other part with cash ; that is, of these five months that were in arrears, and then I paid them along regularly ; per- haps once we paid two months at one time. The school-teachers were all paid for the year up to the 1st day of May. The check that I gave on the last day of May was passed over into the hands of the new school treasurer from the old one. They changed the treasurers. I see it is TESTIMONY OF M. G. EMERY. 2037 reported as carried over. But as to the cash-account for the ohl cor- l)oratioii, Mr. Baker made a re^jort showing all the account to the legis- lature, soon after the new government came in, by resolution passed by the legislature. Q. How those checks were paid you are not able to state ? — A. 1:^0, sir. Q. Do you remember the amount ? — A. Do you mean the amount of the checks issued ? Q. Yes, sir. — A. I do not know ; some 88,000 for the white schools for the mouth ; between 88,000 and 89,000. By Mr. Stanton : Q. Then I understand you to say that when you became mayor the salaries of the teachers were five months in arrears, and, besides that, the account of the corporation at the bank — at the designated deposi- tary — was vert much overdrawn. Am I right? — xV. Yes, sir. Q. And of that five months two months were paid only in certificates authorized to be issued, and the other three mouths in cash ? — A. It is reported in the school-board how it is paid. Q. I am asking you now what your remembrance is. — A. That is my remembrance, sir ; Mr. Wilson's report shows how it was paid. Q. Then, if the money which you deposited to the credit of the corpo- ration was properly credited up against the overdraft of the corporation, there was no money to meet the checks which you last drew to pay the teachers, was there? — A. When I went in the overdraft existed. Mr. Cooke and Mr. Huntington assisted me in getting the law passed to get those 7.3 certificates, in order that they might be paid — that they could get their overdraft in that way, and proposed to take them as others proposed to take them for the indebtedness. But their excuse for not paying my checks at the latter part of the year was because of the over- draft. Q. The overdraft then did exist, did it not? — A. It did when I went into ofiice. Q. xind if the money which you deposited to the credit of the appro- priation was ])roperly applicable to that overdraft, then there was no money to meet the last checks which you drew to pay the teachers ! — A. That was so, but 1 did not consider that it was applicable. Q. That was your opinion, and the officers of the bank and of the depository thought differently, did they not ? — A. They only violated their agreement. Q. Did they not maintain that they had a right to deposit your money against the overdraft? — A. To apply the money; yes, they did, at the last. Q. This price-list which you furnish, does that relate to assorted sizes of flagging ?— A. Three feet, 3 feet C, 4 feet, 4 feet 6, 5 feet, 5 feet 6, and feet stone. Q. Then it is in these sizes coming assorted. Now, in considering the cost as stated in this price-list, are you not to consider also the breakage ? — A. Yes, sir; I consider that in the price in the cost of the pavement. Q. The percentage covers that! — A. Yes, sir. Q. That percentage covers not only a reasonable profit, but also the loss which actually accrues by reason of breakage f — A. Yes, sir. Q. For tiiat purpose you ])ut on a jiercentage of some liO or 30 per cent.? — A. No, sir; that is the profit of woik. Q. That is the ordinary profit in addition to the breakage ;' — A. In addition to the cost. 1 made up a statement of the whole cost of a piece 2038 AFFAIRS IN THE DISTRICT OF COLUMBIA. of work so much a foot, tlieu we would usually charge 25 or 30 per cent., I stated, as a profit. Q. Well, does uot that cover breakage as well as profit? — A.. !N"o, sir. I will give you the items as I made them up, if you wish them. The stoue, delivered here in Washington, would cost 27 cimts — that is, such stone as has been used here on an average ', the cutting and laying, 10 cents; sand and cement, 4 cents; breakage, 3 cents a foot, average — that is, as near as you can get it ; that makes 44 cents. Xovv, for that work I should charge at least G5 cents a foot, if you were to ask me to do it. Q. Have you ever done any work about the public grounds here at that price of 65 cents'? — A. I have never been paid for ordinary flagging over 65 cents, except in the one case that I have mentioned, to my knowledge. , Q. Where was that ? — A. The one I have already spoken of, in front of the War and Navy Offices. Q. That was in 1867 f — A. Yes, sir; that was three-inch flagging, however. I did the flagging here in front of this building — these circles ; but it is four-inch flagging, with a perfect face cut upon it. I do not know the price I got; perhaps 80 or 90 cents ; but it is an en- tirely different thing, and costs double the other, work and trouble. I have paid 20 cents a foot for cutting and facing and furnishing tools. Q. Have you ever received from the Government only sixty-five cents for the work for which you indicated that as a reasonable price f — A. I do not know of any except, as I say — except the cases that I stated. Q. Can you mention any case in which you received sixty-five cents ? — A. I suppose my books will show fifty places. Q. For the Government ? — A. No, sir. Q. I ask you whether you can mention any case in which you have charged the Government that price. — A. I have not done much for the Government. I did the flagging around this building when it was fin- ished, and some since — the wings; but it was an entirely different qual- ity of stone from all that I spoke of at this price which I have given you here. Q. JHave you ever done any of that kind, that 65 cents for work for the Government ? — A. No, sir ; but it is ordinary flagging put down without facing, two or three inches thick. Q. Nor for the corporation ? — A. I do not know whether I have done it for the corporation or not. I have furnished bridge stone for the corporation, four inches thick, a great deal of it, which is a different thing, and costs more. By Governor Shepherd : Q. In the price you name, G5 cents, you do not include any parking- do you ! — A. No, sir. Q. If you did 19 feet parking, what would that amount to, added on to the 65 cents f — A. I never did any in my life, and I cannot give you any idea. Q. Would it not be worth 90 cents to do that 19 feet of parking and grading and setting the flagging ? — A. It is specified here ; the prices are given in the testimony, and vary from 25 to 50 cents a yard. Governor Shepherd. 25 cents was the first price; then, upon the rec- ommendation of the parking commissioners, it was advanced to 50 cents. The Witness. That would be about six cents a foot, nine feet to the yard. It would be five or six cents a foot, if that is all that parking is worth — 50 cents a yard. It would add that much to it. TESTIMONY OF M. G EMERY. 2039 By the Chairman: Q. Have you seen the flaggiiio; that is put down on B street north, on the line of the oUI canal ? — A. Yes, sir. Q. Have you looked it over carefully? — A. I have. Q. What is the size of that tla-iginq: ? The Witness. Do you mean along- the front of the garden? The Chairman. Yes, sir. — A. It is the ordinary 5-foot flagging, I think. Q. How thick is it ' — A. From two to three inches. Q. Is it cut in squares ? — A. It varies in width from about two feet to four feet. Q. What is that flagging worth, in your judgment ? — A. That is the kind I speak of here. Q. You would put that down at 05 cents, would you ? — A. I could, sir, and 1 would. Q. Do you consider that a fair i^rice for it ? — A. I do. By Mr. Stanton : Q. Have you seen the flagging around the P-street circle ? — A. I have. Q. Is that the quarry-faced flagging? — A. !No, sir. Q. That, then, is dressed? — A. It is dressed; it is worth 15 to 20 cents a foot more than the other. Q. Then that work is, I suppose, ahout the same quality, for instance, as that you speak of ? — A. No, sir ; nothing like it. Q. What is the diflerence ? — A. One is dressed square and taken out of wind, and the other is just axed over, to smooth them — to make them decent and smooth. By Governor Shepherd : Q. What did I understand you to say the net cost of that flagging was, delivered here — such flagging as the board of public works put down ? — A. I say that the ordinary flagging, such as was laid down in front of the garden, Conservatory Square, was worth about 05 cents a foot. Q. That is, without parking ? — A. Yes, sir. (}. Now, what would 10 feet of parking be worth in addition to that, at 50 cents a yard ? — A. Twelve or fourteen cents, I should suppose. That is the rate at 50 cents a yard. Q. That would make your price about 80 cents ? By Mr. Stanton : Q. And then you would add 15 or 20 in the case of stone like that laid arouiul the P-street circle ? — A. About 15 cents is what I paid for cutting it and facing. Q. Would you not add something for j^rofit ? — A. I might. Q. Would you or not ? AVould you merely charge for what it cost ? — A. I should think that at 75 or 80 cents would be a fair price. Some of the stone are very line indeed, and some of them are ordinary llag- giug. (}. If you added 15 cents I'oi- the dressing of them, that wotdd make •SO cents, would it not, without any i)rolit for the extra cost of dress- ing ? — A. Yes, sir. Governor Shepherd. I see here, May 31, ISGG, you were paid as fol- lows : 2040 AFFAIRS IN THE DISTKICT OF COLUMBIA. B. B. French, Commissioner of rublic Buildings, to M. G. Emery, Dr. May 31, 1866. For 3,000 feet superficial, of extra thick select flagging, cut and laid in cement on Seventeenth street, in front of Navy and War Offices, at §1 per foot 83,000 J. W. ANGUS, General Superintendent. June 14, 1806. Received from B. B. French, Commissioner of Public Buildings, the above amount of three thousand dollars, in full of the above account. M. G. EMERY. I suppose tb at is correct? — A. I have no recollection of it. Q. Now, what class of work was that — was not that similar to the work tliat Las been done here on B, and Twelfth, and Fourteenth streets 1 — A. This is not extra thick. Q. Now, is not that flagging the same as that laid on Twelfth and Fourteenth streets'? We took that up in front of the War aud Navy Departments, and refitted, and therefore I speak understandiiigly. Is not that the same as is laid on Twelfth and Fourteenth streets ? — A. I do not think I got a dollar a foot for any of that. « By Mr. Stanton : Q. Is it the same flagging or not ? — A. I think my contract was 84 or 85 cents. Q. Is it the same flagging or not! — A. It is the same quality of stone Do you mean from the same quarries ? Q. I mean is it the same quality of flagging as that on Twelfth aud Fourteenth streets? — A. If it is 4-inch, it would cost double what it would cost to furnish 2-inch. Goveruor SHBriiEED. It is the same quality of flagging as the Other. The Witness. [Referring to books.] That was done a year or two before this job which you speak of, which you referred to the other day, for the Commissioner of Public Buildings. He had a little place, 3,000 feet, laid down in front of the building. I recollect it now ; it was all very fine large stone, and extra thick. I think he required them to be four inches thick, but whether they all held up to that, or not, I am not sure. I charged him a dollar a foot. It is the same stone. Governor Shepherd. It is the same stone, because we relaid it wheu we regraded the street. I was there and saw the stone. The Witness. Yes, it was from the same quarry, I guess, sir. I think there were none of them less than six feet. I took up the old pavement, aud carried it away. We raised the pavement theu at the time in front of the door, and the sand, cement, &c., were included in the dollar a foot for these extra flags. Q. Do you recall how the prices of 1SG7 compared with those of 1871 aud 1872? — A. There was not very much difl:erence. By Goveruor Shepherd : Q. About the same, were they not ? — A. Very nearly. By Mr. Stanton : Q. They were very nearly the same ? — A. Yes, sir. William H. Clagett recalled. Mr. Christy. The fact became important as to the manner in which the sewer-bill passed by the legislative assembly was returned to that assembly, and I desire to call Mr. Clagett on that point. The Witness. I have stated in my evidence that the sewer-law never passed, aud there is a lie upon the record between me and William A. TESTIMONY OF J. A. MAGRUDER. 2041 Cook; one of US lias lied. I stated that Governor Cooke had sioued the bill. William A. Cook stated that he did not. I have been fortu- nate enough to get the leaf that was extracted from that bill. It i)roved that my statement was correct. It is here sir, [producing it,] as follows : of said sewers. Sec. 10. And be it further enacted, That iu view of the emergency arising from the necessity of an immediate and thorough sewerage iu the cities of Washington and Georgetown, and for the prompt payment of the work necessary in the construction thereof, this act shall take effect iumiediately upou its api)roval by the governor. PETER CAMPJiELL, Sr>caKer of the House of Delegates. WILLIAM STICivNEY, I'resident of the Council. Approved, June 25. 1S73. IT. D. COOKE r , Governor. By Mr. Stewart : Q. You think there is no doubt that one or the other lied about it? — A. Yes, sir ; and I want to clear my record. I have some children coming up, and when they read this thing I want them to know the truth. Q. Does it not occur to you that it might prejudice Mr. Cook's record '? — A. Well, 1 do not care about Mr. Cook. 1 state the facts ; and he says it was not so. By the Chairman : Q. It might be well for you to state how you got that leaf. — A. The former clerk of the house — after I gave my evidence, I requested him to look among the waste papers there, and he found it among the old I)apers in the house of delegates. It did not come out of any iron safe J. A. Magriider recalled. By Mr. Bass : Q. There were some (piestions asked the other day about the way in which this account is made up, contained in the report of the board of imblic works, purporting to contain a list of the items of receii)ts and expenditures by you as treasurer. I understood you to say that items, represented by checks upon these check-books, would be found in this account; as, for instance, in cases where you ha- throu<;h the whole of your vouchers from end to end? — A. Xo ; I think not, sir. Yon have there a report from the audi- tor of exactlj' how many certificates I have paid. AVhen we made out our report to you, to see what certificates were outstanding, I sent all my canceled certificates up to his room to go over with his list of certifi- cates issued, numbered right through, and he checked oft those that were paid, leaving those unchecked which were not paid, by which we were enabled to see how many were still outstanding. By Mr. BASS : Q. How was it possible for your account to be absolutely correct at any given time, so that you could strike a balance in your account, un- less when you drew moneys out of the bank to disburse them j'ou en- tered your disbursements in their pro[ter place on the books of the of- fice ? — A. In two hours you could take all the certificates I had and enter them up. Q. But they do not seem to have been entered up for months. — A. O, yes, they were. At one time my old clerk was unwell, and he hated for anybody to touch his books, and I had a very large bundle of cer- tificates put away in my safe, and when he came back he entered them. Of course he could not enter them in the order in which they were paid. This was Mr. Laird, an old gentleman who died a few weeks ago. He was a very particular book-keeper. He had been book-keeper of the Georgetown corporation for a great many years. He had the confidence of everybody, aiul he had my confidence, and I wanted somebody that was particularly accurate. He had that peculiarity that he hated any- body to touch his books, and during his absence I never would let any cue do so. (^. Mr. Laird never made any original entries on the books until you told liim to make tliem ? — A. He never made au entry uidess lie hadthe certificate in liis hand. Q. Then if his entries were not made on the books it was because you failed to tell him to make the entries ' — A. Yes, sir. Q. Then, if those entries are not entered at the time when they bore date it was not his fault, but it was yours ? — A. Certainly it was my fault, unl(!ss he was away. Q. You do not charge it, then, upon him? — A. I do not, and I do not want that uiulerstood. I say he was very often sick. I do not want you to understand that I am doing anything of the, sort, because he was so pt'rfcctly good a man that i do not think anybody could find any blame with him. 2046 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. What we wish to understand is this: We liave here your check- books; we have your reports, and we find that the amounts paid out by you by clieck do not correspond either in date or amount with the amounts tl»at you have credited to yourself in your reports? — A. Those particuh^r days. Q. Well, they do not correspond ; we do not find the amount in those particular days, and, in some cases, in any other day. — A. Yes, you can ; you can find every dollar. Q. i\Tr. Bass just called your attention to a few occasions. — A. Exact- ly; and I told Mr. Bass that to-morrow morning I would give it to him. Q. O, no; you ssiid you would furnish him with certificates aggre- gating in amount these checks ; that is what you told him. — A. And those certificates are put just here — the numbers with the stubs. Q. I am not questioning that; but the point I want to get at is this: can we ascertain the accuracy of your account in any other wny than taking up all these vouchers that you have in your olilce and looking them over ? — A. I would like to know how it would be possible to find out anything about it unless you did that. No books would show it. Q. Well, if your reports had been kept in accordance with your check- books, and your daily disbursements of money, we would not have much trouble f-— A. Yes you would, because you would have to find the certifi- cates to see whether I really did receive those things. Q. Your check would show that money went out of your hand ? — A. Ko, it would not. It might not show that the money went out of my hand. It would show that it was a check drawn. Q. It would show that you had given a check for the money ? — A. Well, the check shows that now, does it not *? Q. What I want to know is the manner in which you have done this business? — A. Very well. You came down to the office and I showed you the manner in which it was done. I showed you the books and you looked over them. Q. That is jusc exactly what started us on this investigation. By Mr. Bass : Q. We saw that this did not correspond with the entries on your books down there. — A. They do correspond with the entries on my books down there, precisely. Every voucher is charged in there. [Indicating.] Q. I have asked you to find the entries corresponding. — A. I told j'ou I would give them to you. Q. Well, you will take time to do it. — A. Exactly. I cannot do it in a minute, for you or anybody else. You have had these check-books here looking over them for two or three weeks. Now, I cannot find it In a minute. Mr. Bass. Wellj I spent about half an hour on your check-books, and I cannot find out about it. By the Chairman : Q. If you would take that memorandum and furnish the vouchers, and then turn to this report of yours, and show where they are charged, that would help a little. — A. Exactly. I propose to show you first the vouchers, and then I propose to show you where I have charged them. Q. But I see there is one check of 150,000 to Filbert, with no voucher opposite to it. Now, Filbert had, perhaps, $100,000 or $300,000 in vouchers. How are we to know that any particular one of the vouchers TESTIMONY OF J. A. MAGRUDER. 2947 wliicb you bring in, agg'regating the 8'")0,000, was applied to that clieck ; bow can we know that ? — A. Yon cannot know it. Q. IIow can you know it? — A. 1 cannot know it. Q. So that your voucher woukl not be of any vabie to anybody ? — A. Yes, sir, it is; because it gives me credit for 8r)0,()U0. But I only know this, that every check that I have drawn 1 have a voucher for. Q. But will you not be obliged to take all of Filbert's vouchers, and all of his payments, in order to verify that 850,000. You cannot do it with any particular one ? — A. No. The Chairman. Therefore you have got to settle Fibert's account before you can account for that $50,000. By :\rr. Bass : Q. If you had kept your books by charging each day, under the date that the check was drawn, the amount, and indicating in the account the person to whom it was paid, you would not have had all this trouble '? — A. Well, I can't see any difficulty in the world in the case. Here is the account of all the money I received, of all the bonds 1 received, and of all the certificates! have received. There is an account showing my payments, which correspond with the amount of money I have received, and I have a voucher for every one of those payments. '^ Now, where can the dilliculty be 'i Q. Well, suppose it should appear, not because there is no such imputa- tion, but you think tliis is a proper system of keeping books — suppose it should appear that there had been a check of 650,000 drawn, and it not ai)i)earing upon the face of the account the purpose for which it had been used, it turns out that 850,000 is not charged here on this side of the account; that indicates as a matter of fact ! — A. That I have 850,000 I ought not to have. Q. That, then, is 850,000 of receipts which have been left out on the other side of the account ? — A. Of course it does ; but then there are the receipts. I charge them; if an^* body has paid me any money that I have not charged myself with, let them come up here and show it. Q. The only object in keeping books is to keep them so that other persons can ascertain by inspection ? — A. Auybodv can go and ascertain that. By Mr. Wilson : Q. Simply by looking through your vouchers ? — A. Exactly. By the Chairman : Q. Now, take that item I have mentioned. How are you going to show us from a voucher that that i)articular money was paid to Mr. Filbert ? — A. I could not do it; but 1 do show I have paid out the money I have received, and what I have paid it for. By Mr. Wilson: Q. 1 could make up an account like that between now and to-morrow morning, which could not prove anything.— A. But suppose I ask you for your vouchers. You ask for any voucher, and J will bring it here ; there is the point. You ask for any voucher I have charged in my account here. Q. I understand you to answer :\rr. Allison that you could not bring him that unless you went thiough the wliole of Filbert's account ? — A. J cannot tell what particular voucher I ]»aid Fin)ert that day, and I could not if it was charged in here, nor anybody else; if 1 had charged it to Filbert that very day, 1 could not teli. 2048 AFFAIRS IN THE DISTEICT OF COLUMBIA. By the Chairman : Q. If you bad it iu your check-stubs, could you ! — A. Yes, sir ; if I had entered what certiiicates were there, then I could ; but in thousands of instances men came in there, sometimes having half a dozen certificates from different people ; I would add them up and pay them. If you no- tice on the stub of my check-book you will find the figures. By Mr. Bass : Q. The result of it is, that if a subordinate of yours had kept his books iu that way, and you, on any given day, had desired to know how you stood iu order to ascertain whether he had been a defaulter or not, you would have had to have gone through all the anterior accounts and compared his vouchers and had a general accounting? — A. You could not tell in any other way but going through his vouchers, for the simple reason that he might have charged payments that he never made. You could not tell by any man's books. You cannot to-day go into a bank and take a book there, and tell whether the entries are false or not unless you see the checks. As for going to a man's books, it is utterly impossible to take the books and tell whether the accounts are right or not, particularly where he is paying on vouchers. You have to have the vouchers to see whether he has paid them. ISIow, I claim that I have all those vouchers. And you can see them all at an^^ moment you want them. By Mr. Bass : Q. Well, if you Avill bring those up, all which I have spoken, it will in- dicate the general system. — A. Yes, sir ; I will do so. By Mr. Wilson : Q. How long have you been treasurer of the board of public works? — A. Ever since the board was established. Q. Did you execute a bond ? — A. I did. Q. Who was your security ? — A. A gentleman named Sweeney, cash- ier of the Farmer's and Mechanic's Bank in Georgetown, Alexander R. Shepherd, and Eiley A. Shinn. Mr. Shinn had been on my bond when I was collector of customs, and he was on it when I was first appointed. I was re appointed, and he went on it a second time. Q. You have continued under oue appointment from the beginniug ? — A. I have ; I have never been re-appointed. Q. And one bond ? — A. Oue bond. Q. Wheu you were on the stand before, I asked you to furnish the different amounts of money that had been received by you. — A. 1 have them for you, sir. Q. Have you them with you? — A. I think I have them in my pocket. They are here, and read as follows : A. 1872. August 3, amount received from United States $192, 050 12 August 3, amouut received from United States 68, 230 00 1873. January 11, amount received from United States 1, 240, 753 14 March 18, amount received from Uuited States ], 106, 533 00 July y, amount received from United States 460,766 94 July 25, amouut received from United States 159, 497 03 August 22, auuinnt received irom United States 25, 000 00 September 2, amouut received from United States 230, 211 84 September 10, amount received from United States 50, 000 00 September 20, amount received from United States 63, 021 45 October 4, amount received from United States 1,737 66 TESTIMOxW OF ADOLF CLUSS. 2049 ^i. 597, 801 18 Am't received from Dist. of Columbia, not iiRludinij; $4,000,000 loan 4'26, 091 :« Amount received from water-register lol, HOI 25 Amouut received from gas aud sewer permit.s :5, 222 00 4,178,715 76 JAMES A. MAGRUDER, Treasurer Board of Piihlic Works. M. G. Emery recalled. The Witnp:ss. J merely wished to say that in j»"i^'i'>S" the price of flag-y:iiig- stones, 27 cents, it delivers them in the street. By the Chairman : Q. Not on the wharf? — A. Not on the wharf. Q. Is the price the same in every part of the city ? — A. Xo, sir; I am speaking- of the price. I have averaged the whole. The Committee here adjourned to 10 o'clock to-morrow morning. Wednesday, May 20, 1874. The committee met pursuant to adjournment. Adolf Cluss sworn and examined. By Mr. Wilson : Q. Are you a member of the board of public works? — A. I am. Q. When w^ere you appointed ' — A, October 2."^, 1872. Q, Have you been a member of the board continuously since that time "1 — A. Yes, sir. Q. What is your profession ! — A. Engineer and architect. Q. How long have you been engaged in the prof<'ssion ? — A. I fin- ished my professional education in 184(5, and I have been engaged in this profession for twenty-eight years. I served, after I finished my education, for about two years as an assistant on one of the first railroads of Ger- many, between Mayance and Matdieim, on the Rhine. Subsequently I came to the United States, ip,1818. 1 served two years on field-work of the United States Coast Survey. Afterward I was employed in the United States imvy-yard as a computer and constructor. 1 wish to say that the furnaces by which all the brass cannon of the Navy are cast are of my own original introduction and construction. zVfterward, I was for a coujile of years in the Treasury Department, and had cliarge of one room in the Supervising Archite<;t's olfice. For the last ten or twelve years I have been engaged in private business here, mostly as an archi- tect, occasionally with engineering. As such, I have jdaniied and su- pervised nearly all of tlie i)ul)ii(; buildings now owned by the District of Columbia. That is, before I came to the board. i). What ])osition do you hold in connection with the board of public works ? — A. 1 have been appointed to what is understood as engineer member of the board. Q. By a formal vote of the board .' — A. The following is the notifica- tion I received of my a[)pointment. JJoAHi) or Ti r.i.ic Woijks, Distijict oi- (Joi.UMitiA, li'asliiiiiiloii, I). C, Daccmbcr 2>'), 1^72. Silt: You arc hcrcliy infornuul tliat at a mcitiug of the board, held tins day, all the members pri-suut, tlu^ following order was made : That Adolf Cluss, esfi-, the eugiueer member of the board, be reciuested to take 12U D C T 2050 AFFAIRS IN THE DISTRICT OF COLUMBIA. charge of the engineer department thereof as engineer, and is empowered to make such changes in itn organization as he may think necessarj'. Very res2:>ectfally, &c., CHAS. S. JOHNSON, Assistant Secretary. Hon. Adolf Cluss, Board of I'ublic Works, Q. What have been your duties in coniiection with the board ? — A. Well, as a general thiuo', when the vice-president awarded a contract he notified me of it, and with the request to send it to the contractor. This I did. Afterward I gave tlie necessary directions as to the putting of the pegs, &c., all that was necessary. I looked, as well as I could, to the work as it progressed, making my objection when there was any- thing that did not seem to be right. After the work was measured — I had it measured by one of my assistants — all the important measure- ments I went over myself, as far as my limited time would allow, so that no gross errors could occur. Q. If there have been any difficulties in connection with the dis- charge of your duties in connection with the board of public w'orks and its operations, you may state them. I think it is due to you that you should have the opportunity to do .so. — A. Well, the organization of the board is such as to seriously imi)ede the operations of the very best engineers that could be on hand. 1 found this state of things when I came here. I have done with firmness and courtesy the best to remedy what seemed to me a lack of system ; but I do not think I have been very successful in my efforts. The vice-president takes the assistant out of the engineer's office and gives him private instrnctions to take up work and pass bills without the engineer knowing of it. Again, the Government measurements, which I think, according to the reading of the law, are certainly under the engineer in charge of the board of public works, and to be controlled by him, and remeasured by the engineer in charge of public buildings and grounds, were done without my knowing a word of tljem. So all those errors, I wish to say, I am not responsible for, nor the department under my charge. Q. They were not done under your supervision? — A. No, sir. Q. Have any of those matters been subjected to your inspection or supervision after they were done? — A. AVhich matters? Q. Those matters in regard to Government measurements, «&c. ? — A. The first I saw of them was in the printed statement — in the governor's xlnswer. Q, I will call your attention now, in that connection, to some matters which may have attracted your attention. For examjile, there was an account which seems to have been made out which was made the basis of an appropriation of $1,1240,000 and upward; did you have anything to do with that ? — A. No, sir. I wish to say, however, that this is one of those cases where an assistant — responsible to me — was taken away from my supervision, and he, under the direct orders of the vice-presi- dent, then made these charges. I am not responsible for an iota of the whole. I saw it first in print when the governor's Answer was pub- lished. There was another account upon which an appropriation of one million dollars was made, and another upon which an appropriation of 913,000 and some hundred dollars was procured from Congress. Q. Was that made under your supervision, orhad you anything to do with either of those f — A. It was not made under my supervision. The only thing I had to do with it was this : In one case, I think it was when this one million dollars was called for, a paper was brought to me for signature, calling upon the Secretary of the Treasury to cash that TESTIMONY OF ADOLF CLUSS. 2051 money. Whether the money was obtained or not, I do not know offi- cially. Q. You had nothing to do with the measurements, if I nnderstaud^ yon? — A. No; nothing- whatever. Q. They were mating. Last .Monday I was i)repaiing papers for you, and I duly notihed the other members of the board that I was of necessity absent, but how they got on the minutes of the board 1 can make an exi)lanation. About three weeks ago this very question was up. It was mentioned that a certain transaction was on the minutes of the board. I told them I was suie it was not there. Mr. Magruder came forward and said : " I think I have spoken to you about tliis matter. However, if I have m)t, I spoke at the time to (loveinor Cooke and to (iovernor Shepherd. That nmkes three. There are a majority, and a majority rules.'' My answer was: ''Mr. Magruder, if you meet Mr. .She|>herd on curbstone corner, and you nu'ct Governor Cooke on the next curl)st()ne corner, and you three agree ui»on sonictliing, do you call that a meeting of the boi'>rd?" He said " Ves." There was, Ix'fore 1 Ix'canu', a meMil)er of the lioaid, a rule i)assed where the vice-i)residenl — in fact, wherever lie set himself down to write a contra<;t or do anytiiing else of(j(;ially, tlie «;Ierk was t<» enter such ac- tion as done at the uuM'ting of the board. That is all tin' statement I have to make in regard to that Q. Are we to understand you to say, in regard to this letting of con- 2052 AFFAIRS IN THE DISTRICT OF COLUMBIA. tracts, that you were not consulted as a member of the board ! — A. Never. 1 wisb to say tbere is oue single exception, and this is as tar as I remember. I went some time in July of last year — I happened to go •on business — to the private office of the vice-president, Mr. Sheplierd. 1 found bim there in consultation with Mr. Oertly, and, looking at what they were doing, I saw they were giving out contracts for main sewers. They showed me what they were doing, and at that hour, I think it was — yes, it was then — that about a million dollars' worth of contracts were given out. I was present, but was not consulted but in one single instance. I remember I made an objection to the partj^ who was to have this contract. Q. Who was that? — A. I think it was a contract for Boundary-street sewer — this njain sewer. I came there. Mr. Oertly had made certain statements and calculations. For instance, there was a statement of the continuation of the Tiber Creek sewer from Maryland avenue to Vir- ginia avenue, $350,000. Mr. Shepherd's answer was, " Put down Car- rohan & Co." It was the first time that I had heard the name of that firm. Q. Was that contract awarded to Carrohan & Co.? — A. Yes, sir; he is now proceeding under it. Q. Were any other main-sewer contracts given out that day that you know of ? — A. I have stated to the best of my recollection that a mil- lion dollars' worth of work was given out on that day. Q. Who was the other work given out to? — A. Gantz & Appleman. Q. What did they get? — A. Boundary-street sewer, between Second street and Eleventh street; Samuel Strong, Boundary-street sewer, between Eleventh and Fifteenth streets ; Gregg & Co., Boundary-street sewer outlet, trom Fifteenth street to the Eastern Branch as far as it went. A contract was given then to William H. Adams for an exten- sion of his sewer, which he built under th€ previous contract. Q. That was done, you sa3^,at Governor Shepherd's private office? — A. Yes, sir. Q. Where is that? — A. On Pennsylvania avenue, between Ninth and Tenth streets. By the Chairman : Q. You say you spoke to Mr. Magruder about that matter which you found on the minutes, but you did not state what matter. — A. The matter was the resignation of Mr. Henry A. Willard as vice-president of the board. If you will allow me, I will state the occurrence. Some work was proposed to be done, and this work I considered as entirely unnecessary and wasteful in the present state of our finances. The answer was made that this work had to be done, since it was already included in the assessment-sheet made some time ago. I asked for the assessment-sheet, and afterward I w%as rather a little grutfed. I then said, " I ask this as a member of the board and as the engineer of the board." Some other words passed, and I afterward said to Mr. Willard, " I claim I have been legally elected by my fellow-members here, and therefore I stick to the rights and duties of my office.''' I told him that I should have been glad to have voted for him as vice-president of the board, and would have voted for him three times, instead of seeing him designated by the governor for this i)lace. Mr. Magruder then said, " Mr. Willard has been elected, and the fact is on the minutes of the board." I then reminded him, Mr. Henry A. Willard, that on some Sunday morning he came to my liouse and asked me for my friendly advice as to whether he should TESTIMONY OF ADOLF CLTISS. 2053 accept tiie uesiynation ot the governor, wlien I ]>roinptly advised liiiu that he shoidd not do it. 1 told hiin tliat 1 shoukl be glad to vote for him as vice president, bnt I wanted him regularly appointe; out a system adopted before we became members, and the system was so admirable that it conkl not be imi)roved upon. Q. Who measured the work of the Evans Concrete Company ? — A. ]\Ir. William Forsyth. Q. Under whose direction was that done ? — A. Under the direction of 3Ir. Henry A. Willard, most likely, or on the order of the governor. I am certain I did not desi<;iiate hiui. l^y the Chairman : Q. Did you object to his bein()() addi- tional yards were due to ^Ir. Connolly; and lliis ended the matter. By Mr. Wilson : Q. How much ^jradini; do you thiidc should have been allowed there? — A. I think no more than the cut. Q. Do you know what that anuiuntedto? — A. To about — I believe about 4r),(H)0 yards, but, to be more eciuitable t(» the contractor, I said, " ]\lr. Connolly, can you prove that you have brought any stutl" here not coining from any other streets?" He afterward showed me one Sfjuare Ix'longing to Mr. Gnlick. 1 went there, and IVom the marks iu the ground, and from the statements T could get all around, 1 found about six or seven thousand yards might have conu' from there. Again, there was another little property. From both sources it would have made, perhaps, about 55,000 yards, aud this is my earnest oi)inion, that he ought to have been allowed that, and nothing more ; because the additional earth came from other contractors on adjoining streets — I should say Third and Fourth streets — all around there, where there Mas more cut than filled. Q. That is the history of the transaction? — A. Yes, sir. Q. How much was allowed '? — A. I think the final award was 105.000 yards, I think 50,000 yards would ami)ly cover all he ever did there. Q. Do you know whether or not the vouchers that were on file in your office were used by Mr. Forsyth ami Mr. Samo iu making these Government measurements? — A. Well, they have been used in making Government claims, in November last — the claim for work not paid yet, around the Capitol extension here — the ciiange of grade. Q. You mean for that work that has been done within the last twelve months ? — A. I mean for the work that has been done mostly since last August or so. Q. Done and not paid for? — A. Y"es, sir. (}. Were the vouchers of your olVice used for the purpose of making up the estimates upon which the former ai)pro])riati()ns were procured from Congress? — A. Y'es, sir; I could not answer. Mr. Oertly did this without my knowing any thing about it. He had access to the vouchers. Whether he used them, it is hard for me to say. Q. ^^'ho fixed the prices for the (lagging around the Botanic Garden ? — A. Do you mean lor the Government or the contractor? Q. S[)eak with reference to all of them, if you know. — A. The prices for (iovernment were fixed exclusively between Mr. Oertly, Mr. For- syth, ami Mr. Samo. And the i)ri(;es fi)r the contractor were fixed by a private corresjjondence bet\veen Mi'. Shepherd and ^Ir. Oertly, of my office. He notitied me afterward that such anard. It has to be hauled, and it is a matter of tbe invest- ment of capital in bis yard. Q. Do you know from whom tbe board of public works made pur- chases of tbe tiaggiug ? — A. I do not. Q. Do you know of any contracts being made — were you consulted about any contracts in regard to tbe purcbase of tiaggiug '! — A. Tbis case baving been ni) for some time I examined closely the list of all tbe contracts, and I did not find any contracts recorded among tbe offi- cial list, so I have no idea at all. Q. You don't kiu)w who did make tbe (contract, tben, for tlie flagging ? — A. No, sir. I have also examined the report of tbe superintendent of ])r()))erty of 1873, and 1 see one kind is omitted, while curbing and otber [)ieces is included in bis report. Q. Do you know of any case wbere contracts have been executed after tbe work was done ! — A. Many. I tbink the rule has been to make the contractors sign tbe contract as soon as possible; but, then, tbe members of tbe board of public works don't sign them all at once ; they sign them in bulk. Q. Do you know of any case w bere tbe contractor has signed them after tbe work bas been done? — A. 1 know of several. (}. Wbat cases were those?— A. For instance, the case of Gautz & Ai)pleman, lor tbe B-street sewer. Mr. Wilson. I don't care about taking up time with that. (}. Do you know of any cases in wbicb tbe price bas been increased after tbe contract was awarded? If you !2.8() or 82.1)0 for concrete, and tbe otber contract- ors were paid 83.20. At that time Mr. Chas. E. Evans had done some of bis best work at Fifteenth sti'eet between Pennsylvania a\cnue and II street, and also on I street, wbile the otber contractors, Mv. Jno. O. Evans »S: Co., ba per centum for contingencies, 82, 435, 855.23, and the money actually expended as far as I could get it froni the engineers' oflice, from the vouc-hers there — it was a little diflicult to get it — 8l,407,()43.63 is the anu)unt. This leaves uni)i'ovided for so far — that is, 1 mean to say, of course — this rei)resents measurements of sewers sent to the auditor; whether he has paid them all I am unable to say, but I have sent down to the auditor measurements amounting to about $1,405,643. I have also here, according to the re(]uirement of the subpcena, stated amounts paid by the United States on account of main sewers. Q. How uiucii is that! — A. 1 make it altogether $228,019.70. How- ever, in this estimate there is an item of 840,780 claimed to have been checked off subsequently, but tiu^ records do not show that any claim for ]j street has been detlucted. Deducting this item, there ren)ains the sum of 8170,130.70 as paid by the GovernnuMit on main sewers. 1 wish the committee to take into account that these tables have all been pre- pared since Saturday, and, of course, there might be an unimi)ortaut error; but it will give you a truthfiU picture of tlie whole state of affairs. Qi'EKV No. 13. — Suvh papers or statements as may he uecessarij to show the actual cost of main seuerage, as far as completed, and irhat amounts have been paid on account thereof by the United States. S "■ Contractors. Locality. Estimated or actual cost. GF.OKGETOWN. Collins Bcall street Ucallstrcet cxtCDSion. S22, 708 05 ]'2,0C0 00 SLASH-RUN BASIN. Samuel Strong From between Twentiotli | 45, Og'j 33 aiul Twenty-first streets to Itock Creek. i Kichar.l Morgan.. Twentieth street, from L i 11,399 85 to M. Gantz& Apjilenian M street, from EiKlitoenth 22, 2G3 54 to Twentietli. George Eollan.sbee Eiglitetuitli street 71,000 45 Seveiiteentli .street inlet 15,000 00 and sewer in V street. O. OHare I L street, from Fourteenth 23, 151 99 to Twenty-second. 834, 798 05 I B-8TKEET INTEIlCErTI.Ni; II I SIN. ! Section along wharf. Samuel Strong i Outlet at Seventeenth street do B. street, Fifteenth street to ' Sevi'nteenfh street. Gant/, &A]iidcniaii B street, Seventh to Fif- teenlh street. do Canal laterals - Ni-w York avenue, Sevi'U- teenth to Tweuty-sev- 1 cuth street. 188,511 10 .33, (iflO Oft .5,035 70 38, 090 80 93, 500 00 2, 938 62 .52, 000 00 Total i>aid. §22, 798 05 45, 089 33 11,399 85 22, 202 38 71, OOii 45 23, 151 99 .5, 035 70 38,090 80 93, 500 00 2, 938 62 822, 798 05 173, 510 00 140,171 12 2064 AFFAIRS IN THE DISTRICT OF COLUMBIA. Query No. 13. — Sudt papers or statements as may he necessary to show, ^c. — Contiuned. Coutractor.s. Whally & 15raiiiai t H. L. Gall her . . , Bartlett& William^ ...do W. H. Atlamij ...do Geo. Follausbce . . ...do W.H.Adams ... Juo. Chapman ... Samuel Strong... A. C. Chenoweth . Gray & King . . . W. H. Adams . . . Pat. Cullinaiie . . Geo. Follansbee. ■J. E. Gregg.... Samuel Stroui: Gaiitz & Apploman Locality. TIBEK BASIX. James Creek Canal Third and Maryland ave- nue to James Creek. Maryland avenue to Indi- ana avenue. North Capitol street, E to O O, First and Third streets. Third and P to Eighth street. Eighth street, R street to Grant avenue. Grant avenue and Eighth street inlet. Gravel-pit, Boundai-y and First street. E street, between Eighth and Ninth streets. K street, between Ninth and Tenth street.s. From Tenth and E streets to Thirteenth and F streets. Eliode Island avenue do Third street, southwest Maryland avenue, Third street to Fourth-and- a-half street. South Capitol street, canal to I) street. D street, between Second and South Capitol streets. K street, between Third and Nortb Capitol streets. Seventh street, East Capi- tol street to G street southeast. I street, Sixth street to Eighth, southeast. Seventh street, southeast.. Twelfth sti-eet, southeast, Pennsylvania avenue to I stieet. Pennsylvania avenue east. Twelfth street to Tenth street, and up Tenth street. Boundary street. Fifteenth street to Eastern Branch. Boundary street. Eleventh street to Fifteenth street. Eleventh street inlet, north- east. Between Second and Elev- enth streets. Pond at Second street east Total estimated or actual cost Add 5 per centum for contingencies. Value of work uncompleted or not begun yet. Estimated or actual cost. .'J84, 750 00 .•Mi), no 00 2G4, 551 9.3 .370, 080 00 120, 473 50 99, 797 50 49,544 30 6, 000 03 10, 000 00 3, 123 00 3, 500 00 20, 205 00 375 60 14, 320 00 12, 670 42 29, 489 52 3, 749 60 12, 695 55 13,000 00 20, 000 00 8, 658 16 12, 000 00 13, 250 00 7, 500 00 62, 283 01 116,525 00 8, 000 00 130, 069 71 25,000 00 Total. 2, 435, 855 23 1,028,211 60 Amount paid. $27, 589 50 6, 400 00 264,5.51 93 172, 590 00 103, 182 51 99, 797 50 49,544 30 6, 000 00 3, 123 00 2,632 56 375 60 14, 320 00 12, 070 42 29, 489 52 3, 749 60 12, 695 55 8, 658 16 13, 250 00 4, 20O 00 34, 280 60 71,994 00 130, 069 71 1,870,761 801- 2,319,802 13! 115, 993 lOi Total paid. 1,071,164 46 1, 407, 643 63 Cost of compl eted main sew- ers. Ee.marks. — These figures are compiled from records of engineer's department, and from estiiua,tes for uncompleted work, or for work not commenced yet. Though not intended for minute mathematical accuracy, they will form a safe guide for a correct understanding of the involved matter.s. ADOLF CLUSS,i;M.7inccr. WAsm>fOTON, May 18, 1874. TESTIMONY OF ADOLF CLUSS. 2065 Amoioits 2>ahl by United States on account of main sewers. Page 409, govcruor's Answer S40, 430 00 >.t. :iO0 00 §49, TPO 00 B street, ni.iin sewer. Page 413, trovernor's Answer 2, ;U4 00 New llainp.sliire avenue, (Slash Run sewer.) Pase 4:tO, governor's Answer 100, 39,S 43 B st., N. \A^., between 7th and 17th sts. Page 433, governor's Answer 02, 730 00 Tiber Creek sewer. Page 4-29, governor's Answer 21, 872 00 Missouri ave., (braueh of Tiber Creek sewer.) Page 4.'>fi, governor's Answer 22,82.") 27 B-streot intercept-sowKT. Page 439, governors Answer 9, 000 00 Conuecticut ave. ami M St., (Slash Run sewer.) Total payments by V. S. for main sewers. . 22^, 919 70 ADOLF CLUSS, Engineer, Member JJoard Fublic Works. ■Washingtox, J/rtj/, 1S74. XOTE. — The first item of $49,780 is claimed to have biM^n checked off .subsequently : but the records do not show tliat any claim for 15-street sewcr has l)i'('n receded from. Deducting this item, there re- mains a sum of *179, 139.70 as i)aid l»y Goveriuuent on main sewers. Q. How did yoa make up these prices — prices at which these sewers were constructed ? — A. Here is, for instance — that is the hirge section — the section constructed by Gregg «& Company, This sewer has but 10 feet in diameter, and three rings 14 inches deep. In that sewer there is of course a very hirge haul for bricks there to use, and I have put in for bricks more than usual. This sewer contains per linear foot 023 bricks, at 820, which makes $10.20; 8 cubic yards of excavation, at 77 cents, which makes $0.10 ; 71 feet of shoring lumber, at cents, which makes 81.25 ; 30 feet of lumber for fo«ndations, at cents, which makes $2.10 — altogether 828.77. I add 18 cents for contingencies, mak- ing 82.87, making 831.04. Now, since this was understood that these men were to be paid in sewer-certilicates, and the vice-presidtmt and, I think, Mr Oertly, fixed 15 per centum as the depreciation of the paper, and therefore 81.77 has been added on that account so as to make a total charge of 830.38, which is now the price he gets. (}. That is the Boundary-street sewer 1 — A. That is for the last part of Boundary-street sewer. You know it decreases as it goes up. By Mr. AVilso:^ : Q. According to that the ])rice of this sewer has been increased over 81 i)er foot by reason (jf the depreciation of the paper in which the con- tractor is paid ? — A. Certainly. Q. Does that same thing occur with reference to these other sew- ers'? — A. That has been done all the summer uniformly since the sewerage-bill passed. Now, it may be odd to you to have it appear that 77 cents a cubic yard is charged for excavation. This I wish to explain to you. You see these main sewers are very deep. Therefore, you must consider that in the trench of about 25 feet there are four lifts, and then, again, to construct a sewer you would have to construct three lifts more. Therefore, in making this ]nice for the sewer, I must calcu- late for the many lifts rctjuired. In that way we get at the price of 77 cents. Tiie 77 cents is made up as follows : Taking and loosening the earth, stiff clay, and so on, 12 cents. Now, wlien he commenced, of course there was no lilt, but when he stopi)ed there were seven lifts; therefore, three and a half lifts, at l.'> (;ents a yard, make 40/;,- cents; levelling the sewer after it is built, 4 cents per yard ; tools, 2 cents ; this makes (J4/'„. Add to this 20 per «;ent. profit in the investment of the contractor, 12,-',, cents, and it would cau.se thecost per yard to be 77 cents. The other prices need no explanation, because they are regular prices. By the CllAllMlAX: Q. Do you think that 8''>0 a foot is a reasonable price ! — A. Yes, sir ; 130 1) r T 2066 AFFAIRS IN THE DISTRICT OF COLUMBIA. considering the payments these men got. I don't consider tbey make any money. Q. You have added 15 per cent, for depreciated paper ? — A. Yes, sir Q. You consider it a reasonable price ? — A. Yes, sir. I thinlv if they got cash and 15 per cent, off, they would make no more than fair busi- ness rates. 13y Mr. Wilson : Q. Is the board of public works still letting contracts now ? — A. Most of the contracts that are let out now are let out for sanitary rea- sons, such as relate to alleys. No new work is being given out — only work that was torn up last year which it is indispensable to have fin- ished. Then, of course, there are many outstanding contracts, which occasionally notice is given to go on with. Q. Who had the contract for putting down the pavements, &c., front- ing the Government reservations, as a general rule — I mean in the streets ? — A. Well, it is hard to say; I conld not specify. Q. Are there any cases in the city where the contract for.gradinghas been let to one party and the contract for paving to another and a dit'- fereut ])arty ? — A. Yes, sir. Q. What has been the practice in measuring the pavement in cases of that kind — was all the grading measured to the man who did the grading! — A. Y'es, sir. Q, Was there anything deducted from the paving-contract on account of two feet of grade that was carried with the contract f — A. Well, I wish to say that up to November of last year, when I objected to the doing of work of this kind, on the ground that the bills were not made by the engineers, and made by what they call the auditor, and what he has dedu<:ted I am not able to say ; but I learn it has uot been deducted. Q. How do you explain that ''. What do you mean by that ! — A. The bills were made by the auditor. The measurements only were given by the engineer. By the Chairman : Q. The quantity given by the engineer and the amonnts carried out by the auditor ? — A. Y^es, sir. By Mr. Wilson : Q. Did the engineer fix the prices, or simply put in the quantities? — A. Simply the quantities. Q. Therefore you are unable to say whether there were any deduc- tions made or not? — A. No, sir; I hear deductions were uot made — at least, so far as I see from the published assessment-tables; that led me to infer By Mr. Mattingly : Q. The engineer's office made no deductions in quantities for that ? — A. They had no opportunity to make them. They were called on one day to kru)w how nuich grading there was on that street, and on another day how much wood pavement there Avas on it, and therefore there was this disjointed way of making accounts. It is because of the irregularity, as I consider it. By Mr. Wilson : Q. How has it been since November last ? You spoke of having ob- jected to this way of doing business. — A. I have uniformly looked to it, and I think in the first case that came up under my rule it may have TESTIMONY OF ADOLF CLUSS. 20G7 been corrected. I slionld think in tlie ciise of tlie contr;it't on Seventli street, in fnuit of the market house, 1 didn't see the intricacy of the movement. One party had a power of attorney for tlie grading, and another party had a power of attorney from tlie original contractor for the wood ])avement, and so it may have l)een in this case. Mr. Filbert, he got the thing without deduction. I wish to say that I liave had a great deal of trouble to carry out the instructions so far, because the contractors, at the late season this year, objected often to the two feet of deduction, when they really had the contract together. 1 mean, es- pecially, j\[r. Filbert. 1 have had a great deal of troul)le with him. Q. With reference to what streets? — A. With reference to all his streets. He wanted to have his case opened, and have all the two feet that was deducted from him during the whole season added to his ac- count. Of course he addressed the vice-presi(hMit. The vice president, to the best of my recollection, recjuested ^Ir. IJarney to give him the total number of such streets, and what it would come to. Mv. Barney, as was his duty, communicated to me this action. I went afterward to see the vi('e-presi. What (h) you know in regard to this matter of board fouuihition under thes<' wood ])avements 1' — A. This is again a mooted (]uestion. Jn sonu*. cases the i>atent prescribes a wooilen tloor, and in that case a wooden floor would not be paid for extra. lUit, then, in some cases these contracts were let, and the contractor had a choice of three or four different patents — the Miller, for instance, and the J)e Golyer, and some oth(?rs. Now, if he chose to select one where the patent di(l not re(piire a board foundation, ami the vice-president in going over the street would consider that the nature of the ground required a board foundation, then in su(;h case he was i»aid extra. (^. All of these different styles of ])avement wer<' i)aid for at the same rate, 3A ? — A. Yes, sir. Q. 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O f ^ X K 1~ 5 '^' '-, ^ r i-rcT Iz C — ' ^ ■^ -r "^ i = ^— I* r; -c.c ^ — -< (vf ?? l< <, ^_ « 1 M f2 n n C s S £ ^ cf o o ^ 1 ^ •-r •-r •-s 1 2072 AFFAIRS IN THE DISTRICT OF COLUMBIA. •=' o r o = o o ot ->• 00 m ■» 00 o n to ira"!)" CD (M 5 ■^ ,a S cS 'S bi A a a oj 3 O to a 'S 1"^ O^ ct B O o a O o ° H an ';_, . M o t; q ? -r S g o O OS O 'H t^ oo c=«: r- C5 LOOC ,_^ o CO iOCT lO o f^"1» cf ^ <©: ^^ r^ O &: _o ■a Q o a! o a c bb a » ^ oc ^ a rr c^ ?* o .. sib c^ O j-^a_r ^ 1 "cS C3 — ■- ct S its t -- ,a a « a CS"^ 3 -O O « ^i 4 t-4 t-t . cS c S cS a a f^;; -) >-. >, Jo C i o a '^'■2-: 3 2 ? 3 a ^ -e S 5 i « o f^ 1.^ t- 1 "^ o H J H h^ MS? !• CO 1 n QcTt. 5" irT 1 '"'" I Q> ^ in o .n ,=) m o «~ . CO +3 o •-1 f^ > 1 c E SQ ^ w o o CO g!5 CM 1- 00 o> .23 ^ O tH t£ O CJin g Ph S r M s r- ^ >5a ^ 2[ ;^ ?i -^^ ■S X — 5 •" "3 •= i s ^ =■" &^I-?2i« s ^ Ml'l'^l^ "^ ^ * K ? r if ''^ V i- J = j; § 27--" =: i..9 W ^H-^^ 2074 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Explain that. — A. For instance, if you buy a horse for |500, and afterward a man brings you a bill for two mules for $230 each, you were not cheated and tlie bill does not do right; and so it was here. Q. Is that th§ way these things have been kept? — A. It seems so. Q. Explain this again. — A. You see there was in the Government ac- count — there was moving of earth to the amount of 75,000 and odd cubic yards — was im])lied — while actually only about 40,000 yards of earth were moved; but then the contract of Mr. John O. Evans — he got a very large allowance for haul — so that in fact one yard of cubic earth cost the District a dollar, and they charged, instead of this, two cubic yards to Government at 50 cents each. That is the whole truth. By Mr. Mattingly: Q. Whose measurement was that done on? — A. The measurement as reported in the engineer's office I have given here, and these measure- ments, I hope they are not too much. I think they are right ; but these measurements have been put in a different shape by Mr. ISamo and Mr. Forsyth, it appears, if the paper don't lie. These measurements, you knew, they injplied the parking of about 46,000 yards, and then after- ward they charged for it in such way, and as if there had been moved 75,000 yards ; and instead of charging one dollar, as ought to be charged here, tliey charge only 50 cents for it. I don't know that I can explain it any better. Mr. Bass. It makes the aggregate price the same. The Witness. The aggregate price, as I say, is one horse and two mules. By Mr. Allison : ^ Q. If I uiulerstand you there was in fact only 46,000 yards of earth moved, while there was charged to the Government 75,000 yards? — A. Yes, sir. Q. Now, the cost of the moving of 46,000 yards was one dollar? — A. This bill will show it to be so. Q. You say it is 40 cents, and tlien 63 for hauling? Mr. Allison. One dollar and two cents, and so on for a portion of it. It is a fill ? — A. Yes, sir. Q. Where did the earth come from? — A. This bill, in making up this statement — I look at the original ])aper, of course, and I find that the bill was made under instructions from Mr. Barney, aiul then that fill was lelt in blank, and Mr. Oertly, who had been in charge under the direction of Mr. Evans, w^orks iu his figures, I notice, the quantity and the haul inserted. This was, most likely, done after I had signed the bill, and so the bill went on. 1 can produce the bill. By Mr. Wilson : Q. Where is that bill ? — A. It is down at the board. I can bring the book up. By the Chairman : Q. Do you know the reason why, or is there any reason why this quantity should be increased and the price reduced, except to divide the two mules, instead of the horse; was there any special reason why that should be done that you know of? — A. I do not think there is any excusable reason. By Mr: BASS : Q. Is not this reason — this 46,000 yards of grading, 36,000 yards of hauling- — while the Government is charged for no hauling, it being as- sumed to be all grading at a uniform jirice to make the average ? — A. That is it. I do not believe in the svstem of averages. TESTIMONY OF ADOLF CLUSS. 2075 By Mr. Wilson : Q. Have you the stateiiiciit in regard to the cost of tlie sewers on G street, northwest, between Twenty lourth and Twenty-sixth streets ? — A. Yes, sir ; I have here a tabnhir statenu'nt of these (|uestions pro- pounded to mo. and it is on the adjoining; i)aper. On tlie second pa^e vou will tind the statement of the G-street sewers. c o llccmiriiucnt of coiiiniittee. i:rii "7 S o SCO 00^ Remarks. 3. StatiMiiont of actual cost to board of ])iil)lic works of ;irailiii^ of Si-vi'n- tifiith street, south of the War I)(!- ]iartTiicnt, and of Fifteenth street, northwest, hetweeu I'ennsvlvania aveuue and JJ .street; al.so what lias lieeu paid for tlie same by United Stati s Government. 4. Statement of actual cost to board of public works of sewers on (J street, lietwet^n Twenty-fourth and Twenty- sixtli streets, northwest. ,"). Stateiueut of actual cost of all grad- inj; on Maryland avenue, between First and Fifteentli street.s, uortlieast. (This includes Stantiui .Souare.) 7. Also cost to board of i)ublic works of . grailin;r on New Jersey avenue, be- tween 15 and E streets, southeast; also what has been charged for same to Government. g. Same infoi-mation for South Carolina avenue, between Si.xth, and Seventh street.s, east. 9. Same information for North Carolina avenue, between New .Jersey avenue and Fourth street east. 10. Same information for Connecticut avenue between II street and Bound- ary, nortliwest. C. Aetuid expenditures for tlio different kinds of inclosures and fences u.sed by the Ixiard of puldic woiks. Iron )>ost and chain, or jiost and rod in- closure, Gray &. No\e3, manufic- turers ,lG,(i!)!) linear feet inclosures, costing, (or cost |>er linear foot, in- elu^ling settiiij;, .*l..'>4. ) AVire fence, Uufar iV (Jo., Baltimore, luanufartureis, 7,402 linear feet in- closures, custinfj, or cost per linear foot, including gates and setting, 82 70. Wrouglit-iroii ornarnwital teuce, J.B. M'ickersham, Philadelphia, manufac- turer, (approxim.ating) (j,.'iiiO linear feet iiielosuies, costing or cost per linear foot, including gates and setting, (ap- proximating,) .*-J.7.'). AVo»den rail-fence, II. V. Cfdton, niiiker, ).tr',.'>4,i line;ir leet. or "JUi miles line:ir. costing (or cost per linear font.) 40 cents. Misci;llane(»us wroughl-iroii and wire-fence work, .lames H. Mead, iron-worker, Washing- ton, 5c',"> feet new railing, (av- er;ige jirice, i'.i.'O per linear foot.) «l,4:tii 1:1 1,590 feet railing taken uj), al- terefl, and repaired, (aver-ige price per line;ir foot, 00 cents). 2, IfiO 00 S31, 09J 40 §2.1, 1--2 00 2, 125 20 ?5, 408 56 11,015 98 5,267 64 9, S21 70 8,091 83 95, 020 33 16, 688 00 9, 481 33 31,306 67 16, 933 07 I 27, 661 20 25,689 65 No grading doni^ between Sixth and Thiiteentli st's, except tin 8 stilted here. This is a valu;ible gravel and sand pit. and the grailing ought to have been a smirce of revenue, rather than a charge. Memorandum. 17, 900 00 5,5,41c 00 This item is approximate, since the exact ligures were not at disjiosal. 3, 601 03 123.04^20 Mi'moranduin. — 'I'lie " cost to the board of public works " is a compilation from the oHicial records on tile in the chief engineer's t>Hice, board of itublic works ; but for the "amount paid bv the I'nited States Government " no other .source wiis availaldn. ex<;opt the statements in the govi^rnor's answer. The en- gineer's department, board ol public works, is in no way connected with these latter mea<«urementM, AI)()LFCI,rs,S, Mav I-, H7I. Eitijini-er ami 2fc>iihrr Iloanl <»/ I'liMir W'ork.'t. 2076 AFFAIRS IX THE DISTRICT OF COLUMBIA. 2 o'clock p. M. Examination of Adolf Cluss resumed. By Mr. Wilson : Q. I want to ask yon some questions in relation to this tabular state- ment "wiiicli you hare made up. With reference to Seventeenth and Fifteenth streets you have already explained. — A. Yes, sir ; and I have here the book which you asked me for. Q. Have you the voucher "? — A. I have. The committee has requested me to furnish this voucher of John O. Evans, for Seventeenth street, where 19,084 cubic yards of fillinj? is charged at the regular price of M) cents, and then again a haul of 5,000 feet, above 200, which makes again 02 cents per cubic yard. I wish to say here, that in a different handwriting from which the whole voucher is made out — I do not say that there is anything wrong about it, but wish to prove that when I signed these vouchers that $1.02 J a yard was paid for that fill, includ- ing the haul ; nor did I know the amount. In this one case I may be considered culpable, in having allowed such a thing to pass without an explanation. This is in the handwriting of Mr. Oertly. By the Chairman ; Q. Yon say that that is in a different handwriting ? — A. Yes, sir. Q. How do you know that? — xV. J t clearly shows u})ou its face the writing, and I know the figures of ]\[r. Oertly's very ])articularly. Q. You think that clearly shows upon its face a different handwrit- ing ? — A. The vouclier contains a good deal of the writing in the hand- writing of the clerk who makes up these things, and afterward a num- ber of the cubic yards of tilling, as well as the haul, is in a different handwriting from the rest. By Mr. Wilson: ^ * Q. Whose handwriting is that ? — A. Mr. .Oertly, the assistant engi- neer. By the Chairman : Q. The word filling and 10,084 and 5,000 and 200 are in difterent handwriting. — A. Yes, sir. Q. John O. Evans is also in the same handwriting as the word filling, is it not? — A. No, sir; I do not think so; this is in the same handwrit- ing as that indicated. The clerk who makes out the bills has that all right. ■ Q. You think that ''John O. Evans" and " filling" is written by two difterent i^eople? — A. Yes, sir; but I claim that this and this are not written by the same hand, [indicating,] and that this was written after I signed the voucher. Q. This voucher was originally signed by Charles E. Barney, was it not? — A. Yes, sir. Q. Is that Barney a different handwriting? — A. That is his writing. Q. Is the handwriting of John O. Evans in Barney's handwriting ? — A. ^o, sir; the clerk makes out this bill. Q. I do not ask you how it is done ; I ask you if John O. Evans and Charles E. Barney are two difterent handwritings? — A. Yes, sir. Q. Then those amounts were blank when you approved the voucher ? — A. To the best of m.y knowledge. Q. Bo you know anything about it?— A. It is now six months after this thing turned up, and only on Saturday, when I was asked to furnish iufornuition, I looked up this original voucher, as was my duty, and TESTIMONY OF ADOLF CLUSS. 2077 then 1 loiiiul this tliiiifj" liere, and never liaviu*;' known that thin^e was such a price i)ai(l I'or lillinj^', when accor(lin<;' to my examination this earth came Irom other streets. I do not know how Mr. Evans can get 10,000 yards of tilling except from the other streets. I cannot think 1 was fooled into signing a bill if this was in actually at the time I signed it. Q. You think that these two items, then, were blank when you ap- proved this voucher? — A. That is my impression; my confident belief. r>y ;Mr. Stewart : Q. AVhose duty was it to fill up those blanks t — A. .\s a general thing- it would be Mr. IJaruey's business ; but Mr. Oertly, under special orders, attended to work of Mr. Evans, and here he has filled that in, and Mr. ]}arney is not responsible for this part of the voucher. Q. Tile words'' filling," you say, ami "John (), ICvans," are in difter- ent handwritings t — A. Yes, sir. Q. Are the words •' UUing'' and "blue" in dilferent handwritings? — A. Yes, sir. Q. And the word "filling,'' and the word "concrete" are in different handwritings ? — A. Yes, sir. Q. The concrete is in l>arney''s handwriting.' — A. No, sir; that is similar handwriting to his, but it is not the same. Q. What do you say about that handwriting .' — A. This is the same as that, [indicating, I but it shows clearer. Mr. Oertly measured this work on special orders. This voucher was made out, and then after- Avard in this voucher, by which Mr. Oertly's statement was made out, that filling \vas afterward added, so that 1 do not know anything about the figuring, whether it is right or wrong. Q. On the slip of paper pasted in, it is in Oertly's handwriting? — A. Yes, sir. Q. As is the word "filliug" down here ? — A. Y'^es, sir; and also the figures here, [indicating.] • By Mr. Wilson : Q. Do you know where that earth did come from that was filled in tlu're ? — A. I do not. I tried to see Mr. Oertly since I was subpcjeuaed on Saturday afternoon, but 1 did not succeed in finding him. Q. Is there any i)lace that it could have come from except the streets or avenues ? — A. It could not possibly have come from anywhere else but from the streets or avenues, because it would take too many cellars to fill such an amount of earth. No private sources are available to bring such an amount of earth to the streets. Q. Now, going on with this table, take this statement which you say is the detailed statenu^it of which this that I hold in my hand is the supplement or recapitulation ; I find the second item in this recapitula- tion is the statement of actual cost to the board of public works for sewers on (x street, between Twenty-fourth and Twenty-sixth streets, northwest, i)ut down at 82,125.20, and tiui amoiint paid by the United States as its sliare 88,091.83; can you tell how that difference arises ? — A. I cannot. Q. It would appear from this that the United States paid lUMrly 80,000 nn)re for this sewer than it cost the board of ])ul)li(! works ? — A. This is what the records of the engineer's office would show. (}. That is shown by the records of ;^ our ollice ? — A. Yes, sir. (}. Do you know whethei- there is any old sewer embraced in that that had been formerly paid for? — A. There is no old sewei- about there. 2078 AFFAIRS IX THE DISTRICT OF COLUMBIA. Q. So tliat the discrepancy could notliave arisen tbere? — A, There is a difterence in the n amber of linear teet, as well as in the price. There is no more than 840 feet there, while there is charged li,0(JG linear feet. Q. What did that sewer actually cost — that 800 and odd feet! — A. Two thousand one hundred and twenty-live dollars. Q. At what rate have they charged that to the Government ? — A. Eight thousand and ninety-one dollars aiul eighty-four cents. Q. They charged an extra number of feet, and at what rate did they charge per foot f — A. They charged it at 84.70, their average price. Q. That next item I find is a statement of the actual cost of grading on Maryland avenue, between Firstand Fifteenth streets, northeast, and the amount it cost the board of i)ublic works as you have it here is $85,408.56, and the amonut i)aid by the United States is $95,020.8"^.— A. That is correct. Q. How do you account for that discrepancy ! — A. I cannot account for it. Q. The next one is the cost to the board of ])ublic works of grading OD jSTew Jersey avenue, between B ami E streets, southeast; also what has been charged for the same to the Govcriiment, the amount, cost to board of public works, 811,015.95, and the amount paid by t!ie United States, 816,(588; how do you account for that ? — A. 1 (cannot account for it. I have taken the records and made up the statement. Q. On South Carolina avenue the cost to the board of i)ublic works seems to have beeu 85,267.64, and the amount paid by the United States 89,481.33, and you have made a note here, "Xo grading done between Sixth and Tiiirteenth streets, except this stated here." How do you ac- count for this discrepancy ? — A. I made this note because it was difficult to part the quantity between Sixth and Seventh streets, and so I found that the only grading on this line was between Sixth and Seventh streets. Of course the contract between Sixth and Thirteenth streets is identical with the grading between Sixth aiul Seventh streets. ' Q. In North Carolina avenue, between New Jersey avenue and Fourth street east, you have it here that the cost to the board of public works is 89,821.70, while the amount paid by the United States is 831,306.67. How do you accouht for that discrepancy ? — A I find it on the record. Q. Do you know of any way of explaining how it happened that the United States paid so uuich more money than it actually cost? — A. I account for it perhaps in this way : this whole street is a large gravel - bank, and, of course, before the board of public works came there, and since Mr. Barnes has been paid for it, everybody came there to take sand and gravel ; and, of course, the trouble has beeu for the board of public; works to keep them away from taking that gravel without paying for it. Now, according to my assumption, this whole street ought to have beeu a source of revenue to the District, instead of a charge ; but in making up this account, right or wrong, I had to say that I found that 89,821.71 has been paid on account of this gravel-bank — to reduce that gravel-bank — and the Government has been charged, according to the Governor's Answer, 831,000. I suppose they fall in error, perhaps, ou this account, because all the gravel which was taken away by parties they made it a charge. Q. They measured that up and charged it to the Government? — A. I think so. Q. You think that must have been the way in which it was done ? — A. I could not account for it in a diftereut way. Q. On Connecticut avenue you have it that the cost to the board of l)ublic works was $16,933.07, and that the United States has paid TESTIMONY OF ADOLF CLUSS. 2079 $27,261.20; liow is tliat aid for, and how the charges against the United States on that aeconnt were made ? — A. 1 do not know. In the engineer's office, to my knowledge, not a single voucher has been passe«l involving one cent in filling u[) the canal. An account was kept by an inspector whei'e various suiall (juantities — 1 do not think they wonld aggregate a thousand dollars or so — have been brought in from different little i)arties who filled in some, but the mass of tlie filling eame from the streets and avenues. Q. We had here the other day a lot of vouchers in favor of (ileason, a very large anu^unt of money for filling that canal; do you know anything about those' — A. I have here a book, which is the Journal of the engineer's office of the board of public works, where all the letters received and the answers are entered. This book is kept by a clerk. I do not look at it every day, although occasionally 1 look over it. One day, in looking over the book, I found here entered Albert Gleason, August 2Gth, application for estimate of grading in square 212; also for E street south, from Tenth to Thirteenth streets west ; also for C street south, from Thirleenth to Fifteenth streets west; for Fourteenth street west, from 1> street north, to li street south; for Twelfth street west, from B street north, to 11 street south ; also Tenth street west, from F street south to Waiter street; filling on ^laryland avenue from Thirteenth to F'ourteenth streets; grading Maryland avenue west, from iSeventh street to Long L>ridge, lihode Island avenue, between Fourteenth and iSixteenth streets west ; F street, between Seventh and Ninth streets west ; II street south, between Seventh and Xinth streets west; P street north, between Twelftli and Seventeenth streets west; also, an estimate to cover expenses of Seventh street west, between E and G streets north ; F street north, between Fifth and Ninth streets west. I find that five days after this application was made to the board of i)ublic works — and it generally takes a day or two until such application reaches the engi- neer's office — I find on Se[)tember oth, five days after this application was nuide. Assistant Engineer Oertly, without the aid of instruments, without the aidof rodnuMi or anybody to hell) him. had made an estimate on all these streets. Tlu' estimate is signed here September 1, 187^5, B. Oertly, deputy engineer, delivered to Mr. Gleason by order. The voucher is for .SI4.S,2.>().11. Q. I5y whose order was that done ; yours ? — A. \h soon as 1 found it out I asked .Mr. Oertly — in looking over the books 1 saw the same thing had been done in several instances also — I asked him how he did this, lie said that I must not blame him, that he was following the orders of the vice-president. Q. llavc you a copy of that voucher? — A. This is all the record 1 have. IJy the ClIAIllMAN : (}. Give the page of that book, sir. — A. lli*,). Wy Mr. Stewart : Q. WMio was vice-president at that time .' — A. .Mi. Sh('|»lierd was vice.-i)i('sident, 1 think. In looking over this J)ill I found \arious items which looked to mc very odd; shall I lead the bill of items 1' 2080 AFP^AIRS IN THE DISTRICT OF COLUMBIA. By tbe Chairman : Q. Was that made by Oertly ou these several streets ? — A. Yes, sir ; the total amount of work done by Albert Gleason, esq., ou the follow- ing streets, namely: Twelfth street, from B north to B south, taking up cobble and old material, setting curb and sewer, $4,264,00 ; E street southwest, from Tenth to Thirteenth street, grading and hauling to canal, $17,765.25; I street southwest, from Seventh to Ninth, grading and hauling to canal, $15,184.58 ; Square 212, grading and hauling to canal, $19,600 ; C street southwest, from Thirteenth to Fifteenth, grading and hauling to canal, $5,127.42 ; Maryland avenue, from Thirteenth to Fourteenth street, filling, $1,074.15'; Maryland avenue, from Seventh to Eleventh street, grading and hauling to canal, $4,582.00 ; Tenth street southwest, from H to F street, grading, $1,623.60; Fourteenth street west, from B to B, $4,843.93 ; H street southwest, from Seventh to Ninth, grading and hauling to canal, $5,841.29 ; Massachusetts avenue, digging trenches for retaiuing vaults between Fourteenth and Fifteenth, $98; B street west, from Twelfth to Fifteenth, sewers, $4,850.40 ; F, from Sixth to Ninth street, and Seventh street west, from E to G, $56,121.60; Ehode Island avenue, $7,253.22— total, $148,230.11. Now, on looking these things up, 1 found that another voucher was passed, also concealed from me, for about one-half of that amount, and that the amount of the former voucher is carried over here, so that this voucher represents both ; but I could not possibly see how Twelfth street could be any way exactly measured in four or five days without the aid of instruments or assistance of anything, so I looked a little at it. I wish that the committee in full or a subcommittee should go to E street southeast, from Tenth to Thirteenth streets, where $17,765.25 is charged for grading. If they will look at the gradiug they can form their own conclusions. By Mr. Stewart : Q. Did you measure that afterward? — A. I did not think of that, because I thought Mr. Gleason would come for his final voucher, as we call it, this being a partial measurement. I was waiting for this final voucher, and I certainly would have looked this matter up ou the final voucher ; but under the very queer instructions of the board of public works, the engineer's office is prohibited from making any measure- ments, i^artial or final, without its being asked for it ; so of course, if a man has another measurement, in a partial measurement he will never ask for a final voucher. I have told that frequently to Mr, Willard, but he don't see the point. By Mr. Wilson : Q. So that Mr. Gleason has not called for the final voucher on that case '? — A. No, sir ; that has been the last that has been heard from him. This is dated September 1, 1873. By Mr. Mattingly : Q. Have you measured that yourself '! Do you know how much would be the proper amount ? — A. Under instructions of the vice-presi- dent in the engineer's office, as I have stated, there are two rules, which I have never regarded as binding, however — that the engineers shall not measure any work unless there is a distinct order from the vice-presi- dent, and so, of course, I was deterred from sending out a party to mea- sure this work over. TESTIMONY OF ADOLF CLUSS. 2081 By tlic Chairman : Q. Wlii'ii did you see that entry on the books ? — A. Several weeks after it was made. Q. You did not see the first entry at the time? — A. Xo, sir. Q. I understand you to say there were four or five days intervening between the time tliat that a[)[)li('-ation was filed and the time that the measuriMuents were ma«le ? — A. Yes, sir. Q. Y"ou did not see that entry nntil several weeks after it was made ? — A. No, sir; I did not. Q. \Vliat did you say to IMr. Oertly ?— A. T told My. Oertly that I had noticed a number of such measurements irre<»ular, and I told him that if he was repeating those things there would be trouble in the office and h«' would have to leave. Q. ^Yhat did he say to that ? — A. He said that he would not repeat it; but since that time, of course, most likely he thought that the vice- president would have more strength than I, and he followed his orders to some extent. Q. Did he say to you that they were extraordinary measurements, or did he claim to you that they were true measurements! — A. He did not say either, but he said he had done the whole with extreme reluctance ; that he did not like to disregard me, but he followed orders. Q. He did not say whether they were correct or incorrect measure- ments t — A. Xo, sir. Q. Do you know whether they were correct or incorrect measurements ? What is your opinion as the chief engineer of the board ? — A. My opin- ion is that they are gross outrages. Q. That they were excessive measurements? — A. Well, more than that; more than excessive measurements. Q. That they were frauds ? — A. I think so. At least the one I men- tion and asked the committee to look at. Q. Wlieu did you come to that conclusion ': — A. Well, at the time when I noticed these voucliers. I did not go around the street, because I was waiting for the opportunity when the final measurement was called for ; and then when this final measurement was not called for, for which I was waiting — then it might have been about Xew Year's, last winter — 1 went around to see what those things nu'ant. Q. And then you made u}) your mind that they were fraudulent meas- urements I — A. At least the one that i speak of. The others were ex- cessive, in my opinion, and these were fraudulent. I}y :Mr. Stanton : Q. And yet you never took any measurements yourself, you say ? — A. No, sir. By the Chairman : Q. Did Oertly tell you who directed him to make those measure - jn(.nts '. — A. I spoke as I am accustomed in these things, pretty loud when I found this thing out. >Mi'. Oertly, to the best of my recoUec tion, fold me that the vice-president ordered him to do so. Q. Who was he ? — A. Mr. Shepheid. Q. Mr. Shepherd was vice-president at that time? — A. Yes, sir; and that 1 remember distin(;tly, that oiu' of the clerks told me afterward that I had l>een rather too lianl on Mr. Oertly, l)ecause Colonel Magruder had been waiting hardly until the ink was dry to take the vou(;lier off. Q. Did you mention this to either Governor Shepherd or Colonel 131 DOT 2082 AFFAIRS IN THE DISTRICT OF COLUMBIA. Magriuler afterward ?-r- A. From my experience that I had before, I did uot; 1 waited for my time until the final voucher was called for. Q. You never spoke to either of them on the subject '? — A. No, sir; I merely repeated to Mr. Oertly that he must not do it again. Q. Well, has he done it since f — A. He has acted under the orders of the vice-president or governor, without informing me, repeatedly. Q. Since ? — A. Since ; yes, sir. By Mr. Wilson : Q. Have you made an examination for the purpose of ascertaining what is the average cost of pipe-sewer which has been pnt down by the board of public works in this city ? — A. Under your subpcena of Saturday I was directed to do so, and I have prepared here a table which is based upon the only reliable facts, from the assessment sheets. I have taken the assessment sheets as published in the report of 1872. I find there about twelve dilierent lines and streets, aggregating 53,993 linear feet of pipe-sewer, and costing $180,54C.'61. Therefore the aver- age cost of one foot of pipe-sewer in 1872 was $3.34. This was infor- mation accessible on the 1st of December, 1872, when it was printed ; but then I went further, and took the report of 1873. There are agaiu 14 lines of pipe-sewers detailed; they aggregate 00,526 linear feet, and cost $130,821.89, which makes $2.26 for the average price. Agaiu, I went to work and aggregated the sewers in both tables, and I find the average price of common sewer, including traps, mau-holes, &c., for a term of two seasons is $2.77. I wish to s^xy that this includes all the sewers that 1 find not charged or chargeable as maiu sewers. The state- ment is as follows : [Query No.lS. Sucb papers or data as ^vill sliow the average cost of sewers not embraced in the main sewers. 1 Average cost of severs in 1872, wcludwr/ hrich avd iile sewers, lut excludivg main seweis ; compiled from assessment-sheet, as published in report November, 1872. Location. o =s c a Sixteenth street, northwest, H to Boundary Seventeenth street, northwest, New York avenue to M Pifteeuth street, northwest, New York avenue to K Seventh street, northwest, 1! north to river, (inchiding 30 feet brick sewer, equal to 2,1)40 feet) - - I street, northwest, Fifteenth to Seventeenth East Capitol street. First to Eleventh Vermont avenue, I to Massachusetts avenue Fourteenth .street, northwest, H to N Alley, square 221 - D street, northwest, between Sixth and Eleventh Third street, northwest, Indiana avenue to New York avenue, (including 3,292 feet of 30-inch brick sewer) Twelfth street, northwest, Pennsylvania avenue to river 12, 063 3, 28fi 587 10, 141 961 8,777 1, 872 347 207 3, 272 7,255 4,325 53, 993 129, 759 16 7, 267 .52 1, 442 03 61,431 32 1,801 66 24, 010 34 5,313 79 1,326 68 376 17 8, 776 79 26, 112 11 12, 929 03 180, 546 61 $3 34 TESTIMONY OF ADOLF CLUSS. 2083 Aterage cost of sewers in 1873, as above, compUcd from pithlished assessment-sheets of report of the board of public icorks, Xovember, 167:3. Locatioc, U .a 2 §3 1 a o a w St < P< . II II u a QJ.-; < - o 111 III < P stree*. north, from Second to Fourth street 702 1,044 7, 382 434 9, 772 4,102 400 3, 570 C,2GG 10, 304 1, 024 3,467 5,600 6, 4.59 $1,544 96 2, 175 70 17, 2.-)0 90 990 91 23,223 47 10, 035 48 985 50 8, 840 21 11, 746 12 23, 257 52 2, 125 96 6, 105 27 11,421 27 18,118 62 Third street, northwest, from Maryland avenue to Indiana avo Sixth street, northwest, between Pennsylvania ave. and Water st E street, northwest, from Thirteenth to Fifteenth street Massachusetts avenue, from Xew York avenue to Bouudarj'. .. Pennsvh'aJiia avenue, from First to Seventh east r; street, northwest, froiu First to Third street First street, nortliwest, from Pennsylvania avenue to I street .. Xew York avenue, northwest, Seventh west to North Cap- itol street K street, north w(>st, from Ninth to Twenty -third streets Pierce Place, from Fourteenth to Fifteenth streets, northwest. C street, northwe.st, from Xinth to Fifteenth streets, northwest. Eijrhtli street, northwest, from G to streets, northwest Second street, northwest, from Pennsylrania avo. to H street . . 60, 526 136,821 89 §2 26 Assrregating the sewers, as published in assessment-sheets of 1872 and 1873, we obtain 114, 519 317, 368 50 Average price of ■common sewering, including triips, man-holes, Sec, tor a term of two seasons ^ , .*•■> 77 Wasjiint.ton, May 18, 1874, ADOLF CLTJSS, Engineer, and Member of Board of Public Worhi By Mr. ^VILSON : Q. Those are the sewers charged up to the Government at $4.70 ? — A. I uuderstand it so. Q. Do you consider that statement about the fair average cost of these .sewers to the board of public works ? — A. Well, there is no assump- tion about it ; these are facts. Q. But taking tlie whole pipe sewerage of the city not embraced in the main sewerage, which I am not speaking of, do you think that would be a fair average price ? — A. It is not " fair." It is a correct average pi'ice. Q. What is the whole number of feet, if you know, of pipe-sewer that has been laid in the city ? If you have any means of determining that, let us know.— A. I should think between 36(>,()00 and 4(>(>,(>()(i feet. But, for reasons unknown to me, a good many of these assessment-tables which ought to have been pnl)lished in the report of 1S73 were with- held and not published, and, therefore, I could not include that whole amount of 400,(MK) feet, which should have been included. I took the official data as far as it has come out of tluii surveyor's otlice ; the rest of it is buried there. Q. Where are those papers now ? — A. The assessment-sheets have never left the surveyors office. Q. Who makes up these assessment-sheets ? — A. Mr. Forsyth, acting, as I believe, nominally as engineer of the board of public works, lias a large force engaged u])on it. Q. Does he make tlio.se sheets under your direction ! — A. Xo, sir. Q. Does he report tho.se assessment-sheets to yourodiee? — A. No, sir. Q. Do you have any copy of tiu-m there? — A. I iiave asked frecpieurly, and I cannot get them. I don't know how it is. I have said fixMjucntiy that 1 believed that the board of public works have a tluty to look at the.se 2084 AFFAIRS IN THE DISTRICT OF COLUMBIA. assessment-sheets before the citizens of the District are charged, but without avail. I have further ofticially, in board meetings, alluded to the fact that at least copies of these assessment-sheets should be in the board of public works' office ; but I was told that it was not necessary to have duplicates of papers. Q. So that yoii never had access to them ? — A. I have never had ac- cess to them. That is to say, I might have gone to Mr. Forsyth's office, and asked him to hand out one sheet from his safe; but this I considered as below my dignity. I want to see the whole thing in black and white before me, as I have a right to do. The assessments can be only com- pared. I wish to say — you speak, for instance, of P-street circle — you send the best engineer in the world, and he cannot say whether the whole thing is correct without he has the assessment-sheets of the six streets intervening there. Q. Mr. Blickensderfer has made a measurement there, and there have been measurements made by Colonel Forsyth and Mr. Samo, and there is a discrepancy between them as to the amount of sewer that there is there. Has there been any sewer put in there since Mr. Samo made his nieasnrements ; if so, how much ? — A. A sewer has been laid only last fall. A member of this committee, (Senator Stewart,) 1 suppose, is aware of it. It is under the sidewalk of the house which Senator Stewart now occupies. This sewer was onlj laid late last fall, just before it froze. Then another sewer, running from the circle south over to Connecticut avenue, was also laid long after the rest of the sewers were laid. This sewer was laid after the street was concreted, but before the top-dress- ing was put on. The top dressing was put on last June, I think ; how- ever, I do not like to swear to that, as I do not know positively. Q. So there has been a sewer put in between the time Samo and For- syth made their measurements and the time Mr. Blickensderfer made his ? — A. It is my impression anyhow ; but, before I could say most pos- itively, I should have to look over the records. I know only this sewer was put in long after the sewerage was put in. The other sewer in Senator Stewart's square I am positive about. Q. Do you know what amount of sewerage had been done before the board of public works was organized ? — A. Do you mean the value of it ? Q. Yes; and iue number of linear feet. — A. The number of linear feet I con hi not v^cd say. Pipe-sewer, I should saj', between 300,000 and 400,000 leei.. Q. Before the board of public works was organized, I mean. — A. O, that is another matter. Before the board of public works was organized, our estimates, concurring with the estinmtes of other engineers — about 12 miles of brick sewers, equal to about 63,300 linear feet laid, 3 miles of i)ipe-sewers ; that includes all. However, 1 had been anticipating that such a question would be most likely asked, and not liking to deal in assumptions, but ratlier in facts, I have, since I have had my subpcena on Saturday, ordered the gentleman under mj' charge who has the sewers in hand to make a map, showing really all the old sewers built before the board of public works went into operation, either by the cor- poration or by the Government. This map, unfortunately, it was impos- sible to finish. However, it will be tinished in the course of the day, and then we shall have a correct figure. By Mr. Wilson : Q. Do you know how the skating rink was filled, and where the earth came from f — A. iliat was done before I was a member of the board. Q. Do you know where the earth came from 1 — A. No, sir. TESTIMONY OF ADOLF CLUSS. 2085 Q, Do yon Iniow aiiythinft" abont the tlagfi'ing- arouiul tlic Franklin scli()oll)uil(lin,«'orth 2086 AFFAIRS IN THE DISTRICT OF COLUMBIA. Capitol street sewer a waste of money lias been incurred, and I wonkl rather have a cheaper sewer as a better sewer. You have been down there; you went out there the other day, and you found that a sewer 20 feet in width was carried all the way up to O street. This was the orig- inal size of the sewer before the Boundary-street sewer was concluded u])on. When that was concluded upon, I at once said, " If you take off about 1,000 acres of drainage from this sewer and expend so much on the Boundary-street sewer, let us have a saving now in North Capitol street ; and that sewer in North Capitol street, from the Printing-OfiQce up to O, costs, from E to O, $370,000. According to my well-matured view, 8125,000 ought to have been saved in it. By the Chairman : Q. That is by making it smaller! — A. Yes, sir; as soon as yon reduce the area as much as COO acres. Q. Why was it not changed in accordance with your view? — A. Well, 1 was upon the street, and told the contractor to stop. 1 had first the conditional assent of the vice-president to it. Q. When you speak of the vice-president, as we have had to, I wish you w^ould name who you mean. — A. I mean Mr. Shepherd. But within "a few days afterward he told me that there was to be a consultation with Mr. Mnliett, who had been the former engineer of this board, and he wished him present. Afterward they brought Mr. Mullett up, and Mr. Mullett and Mr. Shei>lierd outvoted me, as two to one. Q. When was the Boundary-street sewer, so called, projected? Was that in the original sewerage plan of the city, as adopted by General Green? — A. No, sir; not to the best of my knowledge. Q. When was the idea of the Boundary-street sewerlfirst suggested ; do yon know ? Was that before or after you became a member of the board ? — A. The present plan is subsequent to my becoming a member of the board. When 1 got to be a member of the board the sewer was not talked of ; but in the sewerage bill of last summer it is included. Q. Was that included after consultation with you, or after a cousulta- tion between the different members of the board ? — A. No, sir ; it was concluded in a consultation where Mr. Mullett was called in. Q. Called in where, and with whom ? — A. It was in a private room in the fourth story of the District of Columbia building. Q. Who were present at this consultation ? — A. Mr. Shepherd, Mr. Mullett, myself, and Mr. B. Oertly, the assistant engineer. Q. Yon think that Boundary-street sewer is a necessary sewer? — A. I think it is one of the best things we have done, because it relieves this large sewer from floods. Q. When was that? — A. Last June, I should think. Q. This main Tiber sewer was already under way, was it not? — A. Yes, sir; but it was one square south of the Government Printing- office. Q. After you adopted that, then you suggested to the board — to Gov- ernor Shepherd and Mr. Mullett — that the Tiber sewer might be nar- rowed — decreased in size? — A. I most earnestly advocated that view repeatedly. Q. Still you were overruled? — A. Yes, sir. Q. Do you regard all these sewers necessary to the drainage of the city ? — A. Yes, sir. Q. All of them ?~A. Yes, sir. Q. Except that you think that B-street intercepting sewer should be larger, and the Tiber sewer might be smaller ? — A. Not that. TESTIMONY OF ADOLF CLUSS. 2087 Q. No, 71.0; that there ought to be another sewer! — A. Yes, sir; ex- actly. If i had the construction of the B-street sewer I shouhl liave, and, in fact, ever since I have become a member of the board, I have, abolislu'd all sewers with Hat soles. They were building, last year, a good many with flat soles, and I have insisted that every sewer that has been laid is a barrel-sewer, Q. To have slope at tlie bottom as well as at the toi) ! — A. Yes, sir ; exactly. xVud if I had had the making of B-street sewer, instead of one sewer which is below tide altogetlier and tilled up by the tide, 1 would have taken two barrel-sewers, one by the side of the other oue to take sewerage from Twelfth to Seventeenth, and the other just outside to take the sewerage from Seventh to Twelfth, so as to gain more area above tide-water. But this is a matter of judgment only. Q. Was this B-street sewer built before you became a member of the board ? — A. Yes, sir ; 1 had a settlement of the bills, but it was built before I came in. Q. Have these sewers been well constructed ? — A. Well, not so well as I would like to have had them constructed. I wish in this respect to say that the superintendents of these works were mostly not mechanics and not competent men. Their ai)pointmeut is sent up to the engineer: " Here is a man who has been ai)i)oiuted, put him on the street." If 1 had had , instead of 140 superintendents whom I had last sum- mer, with sixty hundred men, I could have done creditable work. Q. Did you have 140 superintendents of sewers ? — A. Of sewers and streets; and these men are appointed and discharged by the vice-presi- dent, and therefore the engineer, who has nothing to do but to rap them if they neglect their duty — of course he loses his intlueuce over them. They look to the party who gives them their money, their appointment, and dismissal. Q. You think that those employes ought to be under the control of the chief engineer ! — A. It is so in all large enterprises in the country, and anywhere else. Q. Yes, I agree with you about that ; I think they ought to be. How many assistant engineers have you in your office? — A. Well, in my ottice I have two, Mi\ Oertly and Mr. Barney. Q. Have you any others ? — A. Mr. Barney has subassistants on the street. He has one young gentleman, a very competent young gentle- man, who takes charge of all the grades east of the Capitol, ]Mr. l)an- enhower; and then there is another one who has charge of everything on the other side of the city, that is Mr. Franklin. Q. Mr. Barney has two subordinates, then ? — A. Yes, sir. Q. Are they under his control ? — A. Yes, sir. Tlieu there is a third one, Mr. Bodtish. Mr. Bodfish's specialty is the sewers all over the city. He keeps the sewer-pegs and sewer grades. Q. Is he a subordinate of Mr. Barney ? — A. Yes, sir. Q. And under the direction of Mr. Barney ? — A. Under the direction of Mr. i5arney. Q. Is he a <;ompetent man ? — A. A very competent man. Q. Is Mr. Harney a com[)etent man ? — A. Yes, a very c()mi)etent man. Q. Aner- haps four months — every Monday and Friday, at 12 o'clock; but that dates from January, 1874. Q. Before that time you had no regular days for the meetings of the board ? — A. No, sir ; none whatever. Q. When there was to be a board meeting, then, you would receive a notice from Mr. Johnson? — A. Yes, sir; or from the chief clerk. Q. To meet on a certain day ? — A. Y'es, sir. Q. How often were you in the habit of holding these meetings ? — A. I think since I became a member of the board up to New Year's of this year there might have been eight meetings. Q. Eight nieetings of the board from October, 1872, to January, 1874 ?— A. Yes, sir, that is it. Q. Not more than eight meetings in all ? — A. To the best of my knowl- edge ; perhaps less. I think about eight. Q. Did the board of public works have a particular place of meet- ing? — A. Well, the regular place, of course, would be Fourth-and-a-half street. Q. They had an office, had they not ? — A. O, yes ; that is the office. I remember of one meeting having been called at Mr. Shephard's pri- vate residence, and I remember that Mr. Baker, the cashier of the First National Bank of New York, was present. This is the only meeting that I know of outside. Q. That was in relation to the debt, I suppose ? — A. Y'es, sir. Q. What time in the day were those meetings usually called for ? — A. Irregularly. Q. You had no particular hour of meeting or day of meeting, then ? — A. No, sir. Q. How long were you usually in session at those meetings? — A. The longest meeting that 1 know of was last summer, when this case of the TESTIMONY OF ADOLF CLUSS. 2093 extension of the contract of DcGolyer & McClelland came up, and Mr. Jeffreys argued the case. That might have beeu one hour and a half. The other meetings most likely \vere shorter. Q. Was it the custom of the board to read the minutes of the pre- ceding meeting ? — A. No, sir. Lately I have frequently called for the minutes of the [n-ecediug meeting, and was uniforndy informed that the minutes were in Congress here, and could not be read. By Mr. Stewabt : Q. Whose handwriting is that? [Handing a paper to witness.) — A. It is not a handwriting that I am acquainted with. Q. That is not Mr. Oertlv's, then ? — A. No, sir; that is not Mr. Oertly's. Q. Whose handwriting is that? [Referring to a voucher,] — A. That is Mr. Oertly's. By the Chairman: Q. I wish to ask you about the sewers. I think you stated that the Boundary-street sewer, which cost $30 a foot, is about a fair price? — A. 1 will tell you what tlie three sections cost. I now see I have Gantz «S: Ai»i)leuian's sewer, between Second and Eleventh — $34.76. Q. Afoot? — A. Yes; and then between the two sections — between the outlet which I have mentioned — there is Sam Strong's contract. Of this 1 am sorry I have not the data with me. Q. You know what the price is in a general way? — A. Mr. Strong has not as heavy a cut as Gantz & Applemau have, and so his price will be, most likely, somewhat lower. Q. What 1 wish to ask you is, whether you made up the prices which were to be paid to these ditierent contractors. — A. Well, 1 have stated this morning, '' mainly brick" Q. You do uot understand the question, sir. Did yon make up the prices to be i)aid to all these contractors — what they were to receive from the board of public works for the main sewer ? — A. I did this in consultation with ^Ir. Oertly, but afterward this addition for the de- preciation of i)aper I did not. That was beyond my ])rovince. 1 con- sidered it a matter for the board, and not for the engineer. (^. With the exception of the 15 per cent, which was allowed in mak- ing up the estimate for depreciated paper, you made up the price to be paid to contractors i)er foot for these sewers? — A. Y'es, sir. Q. I understood you to say a while ago, in answer to a question put by Mr. Wilson, that you one day stei)ped into the private office of Mr. Shepherd, and found him and Mr. Oertly in quiet conversation over this eoi)le living ? — A. I should say it should never have been laid, because the general fund is taxed at two thirds of the whole TESTIMONY OF ADOLF CLUSS. 2097 cost, ami tliis wood iu a good inauy cases will rot belbre the houses are built adjacent to it. By Mr. Stewart : Q. You say that Mr. Barney was an entirely reliable engineer ? — A, Yes, sir. Q. Do you know Mr. Murray, a contractor? — A. I do. Q. Do you know of his doing some work of grading on jS'ew Hamp- shire avenue? — A. A'es, sir. Q. The voucher in tbis case, I believe, is signed by Mr. Barney? — A. Yes, sir. Q. Mr. Blickensderfer makes the overpayment $5,258.31 iu that contract ; have you ever looked into that ? — A. I have. Q. What do you say about that ? — A. 1 have a map here which shows the whole case. Q. I would like to hear your explanation, sir. How was Mr. Barney's estimate there? Mr. Blickensderfer says here : " The correct amount should be 20,800 yards of grading, at 30 cents ; 20,800 yards of hauling, at 31:i cents ; making 812,740. While the actual payment is 817,908.31 ; overi)ayment, 85,258.31." This was paid to a contractor ? — A. Yes, sir ; that was to the contractor. Q. And that voucher was signed by Barney? — A. Yes, sir: Mr. Vandenburgh had a large contract for grading on Virginia avenue. This is painted in yellow, what Mr. Vandenburgh did. 1 do not know whether it was ever recorded, but he had a special order to dig out also around the reservations, right and left. Mr. Barney's assistant, Mr. ]Mclutyre, measured this work. Where Mr. Franklin is now, Mr. Mclntyre was formerly. Mr. Mclntyre left the city, and another assistant was appointed. The superintendent of the street and Mr. Murray pointed out what was done by Mr. Murray. His con- tract was on New Hampshire avenue. Mr. Murray asked for a measurement from Pennsylvania-avenue circle down to the water. They Ibund out soon that down below nothing at all was done. How- ever, Mr. Murray, the contractor, and the superintendent, ])ointed out to Mr. Franklin that this work, wliicli was in fact done by Vandenburgh, was done by Mr. Murray, and this escaped the attention of Mr. 15arney at tlu' time. I wish to say that, of course, we have got money enough on hand, and his mistake would undoubtedly have been found out in the /inal voucher, because the cross-sections are only calculated up in the final voucher, and the 20 per centum retained. If it is not retained it is not the fault of the engineer department, but the fact is that the 20 per cent, is retained, and this would have been suttlcient to protect the Dis- trict against the temporary short-comings of Mr. Franklin, or rather of Mr. Murray, together with the statement of the superintendent of the streets. By Mr. Stewart : Q. I do not think I understand you. You say that the contractor on Virginia avenue did some work belonging to New Hampsliire avenue ? — A. Yes ; that is it. Q. And that when the measurement was made by the assistant of ]Mr. Barney, Mr. ."Mclntyre, Mi: Murray, and the contractor pointed out all this work as liavingbeen done for him? — A. Yes, sirj that is it. Q. Were you thereat the time? — A. No, sir; 1 have inquired about this matter since. (^ That is the explanation that is given by Mr. Barney .' — A. Yes sir ; .Mr. Jiaruey can speak for himself better. 132 DOT 2098 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have you figured to see, takiug that amount ? — A. It makes that amount, sir. Q. To see wbetber that is the accurate amount that would make the dehcieucy 1 — A. Yes, sir ; not the exact amount, but an approximate amount. " You kno^Y in the partial measurement the cross-sections are not calculated up, because it would confuse the case. Q. That was a mistake ? — A. It was not a mistake ; one of the subor- dinates had been deceived by the contractor, together with the superin- tendent. Q. The engineer was deceived by the contractor ? — A. Y^es, sir ; and by the superintendent appointed by the board. Q. Who was superintendent there? — A. I forget the name. He was superintendent on that street. By Mr. Stanton : Q. Did I understand you to say that that deception was made possi- ble by the change of engineer"? — A. Yes, sir; if Mr. Mclntyre, who measured all this work — if it had been still in his charge, he would have seen the deception at once. Q. Did I understand you to say that he had left the service of the board ? — A. Yes, sir. Q. And therefore he could not be here for that purpose ? — A. Yes, sir. By Mr. STEWART : Q. Some of these measurements of ^ew Hampshire avenue were made by Forsyth, partly by Mr. Phillips. Mr. Hulse was certiHed to by Forsyth; have you ever looked into it! — A. Yes, sir; but super- ficially. Q. Have you made any examination of that ? — A. Yes, sir. Q. You have not measured it on the ground ? — A. I could not possi- bly ; but I have compared the cross-sections. Q. Mr. Blickensderfer here says that this contract was overpaid, I think, $1,000. Hulse was overpaid 81,015.81. That was made up by Mr. Forsyth. Mr. Phillips also made some of these measurements. AYho was Mr. Phillips "? — A. Mr. Phillips used to be chief engineer Of the board, up to January 10, 1873. Q. Where is he now f — A. He is in Cincinnati. Q. Was he a reliable man — he was chief before you ? — A. No, sir ; he was not. He was when Mr. Mullett was the engineer member of the board. Q. When Mr. Mullett was engineer he was chief ? — A. Y^es, sir. Q. He has not acted under you at all '? — A. No, sir ; only a couple of months — two or three mouths. Q. Did he make the measurements on New Hampshire avenue while he was under you "? — A. Well, I think Mr. Phillips was rather an easy man, he would not take that care which Mr. Barney does in comparing the estimates of his subordinates. He would consider his signature more as a clerical formality. If I am allowed I would like to make a further statement in regard to this deception of Mr. Barney. I wish to say, as is my duty, and naturally, of course, I looked carefully over those measurements reported by Mr. Blickensderfer. I found besides what you mentioned there that he found another apparent mistake of Mr. Barney. It is right here. On Virginia avenue there are a couple of little triangles; Mr. Blickensderfer did not know it; they were not on our cross-profiles. Here was additional TESTIMONY OF ADOLF CLUSS. 2099 N\ Oik (lone by A'anderburgh, and this not being- on the street line Avas not on the cross-section at all, so Mr. lilickenderfer, no donbt inadvert ently, has been led into that error by not allowing lor these two tri- angles Vanderl)nrgh did. Q. Describe the location of them.— A. They were between Twenty- tliird and Twenty-fifth street, I should say to the east and ^Yest of Twenty-fourth street. Q. Putting those in and counting those in as having been done l)y the contractor, does that make the work on Virginia avenue correct ? — A. It makes it exactly correct; it makes it a little more than Blickens- derfer has it. Q. The deficiency on that avenue was small, but tliere was a deficiency lu)wever? — A. Yes, sir; but that makes it just about right, and I would request that this sheet be referred to Mr. Blickeusderl'er for examina- tion and report to the committee, because I desire that Mr. Jiaruey clear himself of the only two mistakes which Mr. Blickensderfer has found. Q. Are those the only two measurements certified to by Barney that Blickensderfer has found mistakes in? — A. That is so, to the best of my knowledge. I have examined to see, naturally, the testimony of Mr. Blickensderfer very closely, and those are the only two cases which I could find. By Mr. Wilson : Q. Do I understand you to say that those are the only two cases where you have found that Mr. Blickensderfer is in error ? — A. Where Mr. Barney has been in error. Q. I know; but where you are unable to correct Mr. Blickensderfers statement — where you can exi)lain his testimony ? — A. I do not think there was anything else that was erroneous except those. Q. Where you are able to account for the discrepancy that he (Blick- ensderfer) has found, does that arise out of any mistake that he made, or out of the fact that he did not have the data upon which he could get at these points ? — A. Out of the fact that he had not the data to get to this point, because the cross-sections which were taken were taken with a view to Virginia avenue, ami the cross sections did not show anything that the triangles right and left had been graded. i^. In other words, in order to correct his statement, as yua ha\e stated it. you have to get the work that was not embraced in that which he was examining ? — A. Yes, sir; that is it. Q. You have to add other work to it 1' — A. Yes, sir. By Mr. Stetvart : Q. But that other work did belong to it, and was done with it .' — A. Yes, sir; it belonged to it. It was in the same voucher. Q. And was not measured into any other work ? — A. No, sir. This can be easily proved by the recoids. Q. Have you undertaken to examine ? You say this accounts for the mistakes in the vouchers where Barney measured. Have you made any examination where iMr. Phillips measured, where the vouclu-r was signed by Phillips, to see whether thci-e was any explanation of that ! Did you look into that ? — A. 1 do not know. I am a little bit pedantic, you know. A statement of this New Hampshire avenue account was in print, in black and white, for work for grading between Pennsylvania- avenue circle and P-street circle, and of course I do not see how the printer can make a mistake and put down Pcnnsvlvania axcnuc instead 2100 AFFAIRS IN THE DISTRICT OF COLUMBIA. of Potomac River, and bow he could make the mistake and put down P- street circle instead of Boundary street. Q. But Mr. Blickensderfer takes Boundary street and the Potomac River, and he still finds these deficiencies ? — A. Yes, sir. Q. in the heading of Mr. Barney's certificate that was south of the avenue and outside of the limits printed in the report? — A. Yes, sir. Q. In order to reconcile it at all, they must go outside of the limits ? — A. Yes, sir; that is a fact. Q. It has not been suggested that this work was counted in anything else excei)t that where Vii^ginia avenue crosses'? — A. That is it. Q. But even taking the limits as now ascertained to be, there was a mistake in Mr. Barney's which you have explained ; there was a mistake in Mr. Phillips's, and there was a mistake in Mr. Forsyth's ? — A. Yes, sir. Q. Each had a mistake ? — A. Yes, sir. Q. Have you examined that measurement by Mr. Phillips and Mr. Forsyth to see whether there was any explanation of that? — A. The .principal thing was not measured at all. In that Government account Q. I do not mean any explanation. Had you made an examination of ;the ground since this? — A. O, yes. Q. Can you make any exi)lan;ition of the contract; for instance, of Hulse's, made by Mr. Forsyth ? He made estimates for it in which there was an overmeasurement of sixteen hundred and odd dollars! — A. This, in consideration of the whole concern, is a small matter, and I look only at big discrepancies, and the big discrepancy is in the measure- ment of that till. That has never been measured or paid for by the board. It came in from other streets. Q, How dirt that discrepancy arise ?— A. Mr. Bliukensderfer got the cross section for it, but the cross-section had been taken by our engin- eer, but never worked out because it was not paid. The cross-sections are only worked out and calculated, if a final voucher is asked for. Q. The contractors are paid. Each contractor along there, according to his measurement with the vouchers in, have been overpaid ? — A. This is out in the Boundary, I believe. Q. Taking the whole thing from Potomac River to the Boundary, and taking the vouchers already in, every contractor has been overpaid more or less. Murray was overpaid $5,000, more largely than all the others, but they were all overpaid. Now, without any final vouchers coming in they have been overpaid to this time ; did you certify to that bill of Forsyth's that Hulse brought in? — A. No, sir; it was before my time. Q. And Phillips was before your time? — A. Yes, sir. I went with Mr. Blickensderfer, at his request, to Boundary street, and saw the work there, and I saw that the evidence which Mr. Forsyth had put down for a1)ont 3,S00 yards of grading which he requested me to help him see. I could not see it. Q. Then you have no way of accounting for that deficiency ? — A. Carelessness. Q. No way further than you have made as to the mistake where they crossed the avenue. In the certificates made by Barney you cannot make any further explanation of it than the statement made by Mr. Blickensderfer? — A. No, sir. By Mr. Wilson: Q. I intended to have asked you something about Pennsylvania ave- nue and New York avenue. Have you ever made any examination to see whether there was any overcharge to the Governmenton accountof these TESTIMONY OF ADOLF CLUSS. 2101 avenues? — A. I have not been able to - myself to one point of these three or four which you laid before me. I have here, since Saturday ni,<»ht, an assessmentsheetof tlie property from Pennsyl- vania avenue east from First to Se\'enth street. I will first read to yon this i)aper, then afterward I can explain to you mere l. The committee have had that in examination. — A. 1 have not examined this part of it. I have only examined this part of the vouch- er which relates to east Pennsylvania avenue. Mr. Sewart. I want your idea of making an assessment where the Gov<'rnment own on one side and private i)roi>eity on the other; sup- lK)se there was 820,000 worth of work done, the Government owning one side and private property the other .' A. Suppose it was 818,000. The Government })ays two-tliiids, mak- ing 812,000. Tiic jirivate i)roperty on one side [)ays 8 >,0()(>, and tlien on the otiuT side the Government pays 83,000. (}. The Government would pay of that 815,000 and the pii\ate prop- erty 83,000 ?— A. Yes, sir. (,>. Is that the way it is figured ? — A. That is their theory, sir. I have reduced the following to writing : 2102 AFFAIRS IN THE DISTRICT OF COLUMBIA. Thirtoeutb query. Such papers aud documents as may be uecessary to show the amount paid by tbe United States on account of Peuusylvania avenue, and the amount properly chargeable to the United States. This question, I am sorry, could not be answered in a direct way. Au explanation is necessary. The theory of assessing the United States for work on avenues has been to substi- tute it for the District government, and, therefore, aside of special work on or around Government reservations, to have it assume the two-thirds of the whole cost. Government has paid so far— From First to Fourth streets, and from Sixth to Seventh streets $107,660 43 For reservation between Fourth and Sixth streets, including $;3, 780 for posts aud chains 81,706 40 Total between First and Seventh streets 189, .306 83 And again — For work between Seventh and Eighth streets 24, 675 90 Aggregate between First to Eighth street 2 14, 042 73 However, this is considered an open account, for the assessment, page 157, report of 1873, charges as follows : Pennsylvania avenue, from First to Seventh street east: Charge the United States $195,433 67 Charge general fund 80, 131 02 Total, (including the reservations) 275, 565 59 Add, for posts and chains on reservations, not included in assessment-sheet '3, 780 00 Grand total claim between First and Seventh streets 279, 345 59 Assistant Engineer Oertly, I notice on page 1673 of testimony before this committee, has made up another computation for Pennsylvania avenue, between First and Seventh streets, and sums up, against the United States, ,$250,G82.9(), instead of Mr. Forsvth's 8279,345.-59. In consideration of these conflicting statements, neither of which is backed up by a clear and comprehensive suitemeiit of actual measurement in detail, I had au assess- ment-niiii) prejiared, as well as the very limited time admitted. This is herewith sub- mitted, with all the quantities inscribed. On such indispurable facts I have based as- sessment-sheets, as near as possible, according to the maxims prevailing lately. These sheets are also submitted. The process of conqjutation has been very simple — The Governrnent is charged in full for the work on reservations between Fourth and Sixth streets, inside of center-line of surrounding streets.. §97,893 30 Then, the total cost of work between First and Fourth streets, and be- tween Sixth and Seventh streets, is made up from east building-line of First street to center-line of Seventh street ; it foots up to $198,098.39. Two-thirds of this is charged directly to United States, namely 132, 065 60 The remaining one-third is $66,032.79; and this has been equally distributed on th(! whole adj(jining frontage of both sides of street. This frontage is 6.588.74 feet, aud consists of private projierty intersecting streets and Government frontage, and gives a rate of .$10,022 per front foot, (instead of $11.2844 of assessment-sheet, report of 1873, page 1.57,) and makes for 2- 1.63 feet, chargeable to United States 2, 421 61 Grand total chargeable to the United States 232, 380 51 IlecapitulaUon of cost and assessment of streets helween First aud Twelfth. Total cost of street $198, 098 39 Reservation between Fourth aud Sixth streets 97,893 30 Total 295,991 69 Assessed to United States 1232, 380 5 1 To intersecting streets, 2, 087.72 feet, atl?10.022 20,923 .i8 To private property, 4, 259.39 feet, at at 610.022 42, 6S7 (50 Total 295,991 09 Note. — The above mode of treating intersections on avenues is just, since it charges these streets with only one-third of cost of whole intersection, instead of one-half, as usual. The concession is due to the limited width of streets as couqiared with the wide avenues. ADOLF CLUSS, Engimcr. May 19, 1874. TESTIMONY OF ADOLF CLUSS. 2103 Tho account between Seventh and Eighth streets is a separate thing, and foots, as per adjoined Exhibit C, §4G,796.48. E. O. E. B3- ]Mr. Stewart : Q. That is the basis of a correct assessment ; how does that differ with the actual?— A. It does not dirter from it. I bring the rate for private property down, and I bring the assessment to the Government also (U)wu. In the limited time I wanted to show my good will to the committee, and wanted to bring those sheets here, something must have been (charged twice. Thereupon I bring the assessment against private proi)erty one dollar down, and I bring the assessment against the Gov- ernment also down. Q. What is the aggregate difference ? — A. I bring against the Gov- ernment 8232,000. Oertly had .$2.'30,000, and Mr. Forsyth had, accord- ing to my best understanding, 827.">,000. Q. Against private property how is it? — A. 810.02 against 811.28 — 81.20 I bring it down against private property, according, I think, to a strictly mathematical calculation. By ]\[r. Mattingly : Q. Have you endeavored to ascertain the cause of the discrepancies that you refer to ? — A, Xo, sir; I have not. Q. Do you mean to say, now, that it is because you have not had time to ascertain what it is, or because you have made up your mind that it is one of those inscrutable things that you cannot find out ? — A. From what I have seen, and other things, if there is grading of 45,000 feet, and afterward they charge 75,000, there is no comparison possible. Q. Then you have not endeavored to make any ? — A. Xo, sir ; I had not the time. I had this, and when I came here I put the last stroke of the pen down. These are, of course, independent of the avenues. I found a good many little extra bills, and this might have been possible, if I had [)lenty of time. I might have noticed the particular parts of the streets. Q. Did you make any in(>od deal of work was done independent of Mr. Coyle's work. It is not reliable. Q. Is there any record of the work that was done outside of this Coyle record ? You say they disregarded it, or failed to keep it u\> ; is there any record showing '? — A. I do not think there is any record show- lug that at all. Q. You stated that you had no record in your office of the assess- ments ? — A. None whatever. Q. AYhose duty is it to make assessments under the organization here ? — A. The board of public works, no doubt. Q. But they do it by means of some subordinate ; what do the call him ? — A. Assistant engineer. Q. Who is he f— A. Mr. William Forsyth. Q. Does he do it as surveyoror as assistant engineer ? — A. I presume that he does it as assistant engineer of the board, because this is the only duty which he peiforms for his salary. Q. Does he keep a separate office ! — A. Yes, sir. Q. And copies of these records in that office ? — A. Yes, sir. Q. From your knowledge of him, does he keep these records accu- rately ? — A. I would rather not answer that question. The Chairman. I will not press it. Mr. Cluss. I want to say, before I leave the room here, that I was very glad to be able to make a statement here, in justice to the very able corps of assistants who have been trumpeted through the country as incompetents. I am glad to say that, on a close examination, we defy criticism as to all our doings; and I never knew better men, in the course of my professional life, than those men that I have now to assist me; and I think that these gentlemen will be able to vindicate what- ever has been done directly under the engineer dei^artment of the board of public works. By the Chairman : Q. You are quite willing that the engineer's estimates and measure- ments shall be put to a severe test ? — A. Yes, sir ; aud I invite it. By Mr. Stanton : Q. If any discrepancies are found, for instance, in Mr, Barney's meas- urement, you think that such discrepancies were such as uught luive happeiu^d in any competent engineer's measurement ! — A. Of course. In that l)ig mass of work, it is almost impossible that everything would be exactly accurate. Q. You believe him, for instance, to be quite incapable of doing auy thing fraudulent? — A. I think so, undoubtedly. I have watched him pretty closely. Engineer Barney recalled. By Mr. Stewart : Question. You were present when Mr. Cluss was making an explana- tion of the surveys whic;h you made at the intersection of Ninv Hamp- shire aud Virginia avenues '! — Answer. Yes, sir. If the committee ]>lease, I should like to explain that a little more iiilly. Perhaps J know a little more about it than .Mr. Cluss. Originally, Major \'audenburglj was awar(len ? — A. I made a calculation. I got at the old surface as near as I could. I got at the old surface of New Hampshire avenue as near as I could from the surrounding surfaces ; that is, I used my own judgment about it. By Mr. Stewart : Q. Did you make that estimate at the time you talked with lilickens- derfer, or was your attention called i)articularly to it at the time you made your cross-sections? — A. No, sir; I did not make anything of that kind until he called upon me. I knew what the height of L street was, and tlie height of the (U'eek, and only about 200 feet apart. Ther(^ is a line, a sort of horizontal curve, between the two. Then this matter of New riain|»shire avenue, i'roltably (Jolonel Samo got con- fused there, because all this work on Virginia avenue and these reserva- tions were charged in as Virginia avenne, when a portion of it was really in New Hampshire aveiuie. He probal)ly got my voucher and charged it in ihe 103,000, when probably there were 20,000 or ;}0,000 yards on New llauipshire avenue. They were ne\er se[)arated, because .M;ijor Vanden burgh never had a final estimate. 2108 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q, How is tliat 1 — A. I say Mr. Sauio miolit have been confused iu this matter of Virginia avenue from the fact that the line on Virginia avenue itself, and the reservations, were on my partial estimate sent to the auditor as Virginia avenue itself. Now, these reservations include a portion of New Hampshire avenue. He might have been confused as regards Virginia avenue. Q. But how as regards New Hampshire avenue ? — A. Suppose this 103,000 yards on Virginia avenue ; he calculated New Ham])shire ave- nue was all cut out there, w'hereas this Virginia avenue included that. In other words he duplicated it. He calculated it once on Virginia ave- nue and once on New Hampshire avenue, and the partial estimates would not separate them, so that he might have been led into that mistake. I am unable to say whether I separated those or not. I think that I did, but I am not sure. I think I told Mr. Mades, the auditor at the time, to charge so much money to the one avenue and so much to the other. At any rate I returned the estimate. 1 have forgotten whether I told him to separate the avenues or not. By Mr. Christy : Q. State, if you know, what disposition was made by the board of public works of the very large amount of gravel takeu from Virginia avenue. — A. I suppose that gravel has been used all over that section of the city. Q. Do you know whether it was sold and enured to the benefit of the board? — A. No, sir; I am unable to say. I know there has been a great deal taken out, but what has been done with it Q. The excavation extended very far below the bottom of the street or grading"? — A. Yes, sir; I should think eight or ten feet. By Mr. Wilson : Q. Do you know what was doue with the gravel taken from the street ? — A. I have learned within the last two weeks it was hauled up on New Hampshire avenue. I was not aware of it before. Q. Who took it out there? — A. Major Vandenburgh, 1 think. Q. He had a contract for O street? — A. Yes, sir. Q. Was O street a pretty well graveled street ? — A. Yes, sir. Q. Just tell the committee what was done there. — A. Nothing done, except the surface was plowed up and carted away to New Hamp- shire avenue, and, iu fact, they have not been paid yet at all. Q. What kind of pavement have the people on O street got in lieu of that gravel road that they had there ? — A. They have not got any- thing there uow. Q. When you were on the stand before, I asked you some questions iu regard to this matter of measuring in cases where there was one man who had a contract for grading and another a contract for paving. If you uoticed the testimony you may have noticed that that thing has been adverted to since. If you have any further state- ment to make iu regard to that matter, you are at liberty to make it. — A. I do not know that I have anything further to say about it. I simi)ly know that where one contractor had the grading and another contractor had the paving, I had no means of knowing — rather of deducting two feet from the wooden pavement. I was given an application to measure the grading, and I measured it, and if given an application to measure wood pavement, I measured that. It may have been intended that we should have deducted two feet of grading. If it was, I never knew of it. Q. You never had any instructions to that eftect ? — A. No, sir. TESTIMONY OF ENGINEER BARNEY. 2109 Q. When yon were on the stand before 1 asked you to refresh your recollection in re^uard to the number of cases of that kind on that occasion that occurred in the city. Have you given any attention to tlie snbject? — A. I gave a number at that time. I do not know that I think of any more just now. I think I made one mistake about the two feet of grading. I said on Rhode Ishind avenue, between Fourteenth and Sixteenth streets, the two feet of grading was not deducted from the Taylor & Filbert. I should have said it was deducted wherever the sanu^ contractor had the grading and the wood pavement. I have always deducted it. I always understood that to be the rnle, and I have always done so, but wiiere they have been separate I have not done so. Q. Do yon think it would be safe for the committee to assume that, in cases where one contractor had the grading and the other the i)aving, there was no deduction of the two feet for grading? — A. I have never done so, and I do not think any of the other engineers have. At least, if it was done by one it would have been done by all-. Q. I believe you spoke in your testimony before about the dilliculties of getting at accurate measurement on account of the contractors' tearing up the streets before you had access to them. I intended to ask j'ou about that, but I had forgotten whether I did or not. — A. I do not con- sider an accurate measurement can be made without cross-sections ; it is utterly impossible unless we have the old surveys of the ground, or have surveys after the work is done. I consider it utterly impossible to get an accurate measurement. Q. IIow often was it, as nearly as you can tell, that the contractor went to work upon the streets before you had an op[)ortunity to make your necessary preparations to make accurate measurements of them f — A. That is imijossible for me to say, from the fact that I have had I sui)pose fifty ai)plications for grading in one day. Q. Were there many of these cases? — A. Yes, sir; so far, two or three tnonths during the summer of 1872, we were hurried very much indeed; all the while did the best we could; it \vas utterly impossible for us to get the information we would like to have had. Q. In these cases where the contractors went to work ui)on streets before you had the opi)ortnnity to make your necessary prei)arations you would not hold yourself responsible for their accuracy ? — A. No, sir. I should use my own Judgment. I should say my Judgment is as good as anybody else's. That is all. Q. You had to depend in these cases upon your judgment ? — A. Yes, sir; most entirely so. In some cases there might be some landmarks by which you might be able to tell, but in a great many cases the streets were cut down, and two months after there would not be the slight- est means of telling anything about it. By Mr. Bass : Q. Who was the chief engineer at that time ? — A. There liave been three engineers since I have been here; at that time, summer of 1872, Ii. C. Fhilli[»s, of Chicago. I thiidv he came about .May. ."Mr. .MuUett was the chief engineer from December until May. jNIr. C'luss was ap- pointed engiiu^er in January, 1873. Q. Do you know whether tiie fact of the necessity of having cross- sections before the work was done was brought to the notice of the board or its chief engineer? — A. 1 know that when I came here abnost the very first thing I said to Mr. Mullett was to si)eak to him about the necessity of cross-sectioning; in fact I had been railroading all my life 2110 AFFAIRS IN THE DISTRICT OF COLUMBIA. before, almost, aud I never knew any case where grading was estimated without tlie original surface of the ground — cross-sections — plotted up. I do not mean that it is necessary to plot cross-sections, or to get the cross-])rotiles of the piece of ground. I do not care anything about the plot, but I simply want to get the level. I called Mullett's attention to the necessity of that when 1 first came here. He was then the chiet engineer, and he directed me in every case to take cross-sections. I exphuned to him the necessity of the matter, but it was utterly impos- sible for us to do it. I did the best I could. That winter we took nearly all the cross- sections. Q. It was impossible to do it because of the want of force? — A. Yes, sir. During that winter we were taking cross-sections all the time, nearly, and took all that we could. By Governor Shepherd: Q. Do you know whether or not every means were taken to get proper help in the engineer department '? — A. I cannot say positively about that, sir. I know whenever we wanted any help T would go to the chief engineer, Mr. Mullett, or Mr. Phillips, and tell them just what the circumstances were, and asked them to help us out. Q. Did not the board of public works always do the utmost that was in their power toward securing it? — A. I think they did. Q. In regard to these cases which Judge Wilson speaks of, where the measurements Avere made without cross-sections, did you, as an officer of the board, do what was right and just by the District and the General Governmeut in making your measurements? — A. I did, sir, in every case. Q. Did you give the contractors any advantage in making your meas- nremeuts ? — A. Never, sir. Q. If there was any advantage, did you not give it to the District government'? — A. I did always. By Mr. Mattingly : Q. In tliis case, where one contractor had the contract for grading and another for paving, did this question as to the deduction of two feet ever occur to you until the thing was wanted here? — A. x^o, sir. Q. You never made any inquiry of any officer of the board whether it was proper to make the reduction or not? — A. If a man had a con- tract for grading, I supposed that he was to be paid for it. I never heard the inquiry at all. Q. You just assumed, and passed the thing over; it never occurred to you? — No, sir. M. G. Emery recalled. By Mr. Wilson : Q. I wish to ask you another question or two iu regard to flagging around Government property. Did you put down flagging around the Post-Office and the Paten t- Office ? — A. A portion of it on F street iu front of the Post Office, and some on Seventh street. Q. When did you do that ?— A. In 18G3. Q. At what rate did you put that down ? — A. I cannot tell you, sir. By referring to my order-book to-day, I found I delivered some 5,000 feet of flagging in front of the Post-Office in 1803. The price is not carried out. I suppose when it was laid the Government measured it, and the bill was paid for and receipted, and went into the Post-Office Department, and will be found there. The vouchers will show the prices. TESTIMONY OF M. G. EMERY 2111 Q. What (lid it cost to lay it ? Give us such items as yon can iu regard to that fiaggiug f — A. I find that I paid a man six cents a foot for jointing and laying it. I f'nniished the cement and sand. Q. What was the sand and cement worth '! — A. About four cents a foot. 1 also liagged the bottom of the area portions of it, fnrnislied the sand and cement, and charged them 25 cents a foot for the stone, and 10 cents a foot for laying, «;ement and sand. That was an inferior flag- ging, however; what we call rough, inferior flagging, what is called a seasoned tiuality. We pay some five or six cents a foot for it less than we woukl lor the other. Q. From your knowledge of the prices of that flagging that you put there at the Post-Oflice, what do you thiidc you received ? — A. I think you will find that it is charged at about 50 cents. That is my recollec- tion, but I could not speak positively. The voucher will tell you. Q. You gave the committee yesterday a statement as to the prices of flagging of the character that is used here. Are there any deductions made from the regular rates where flagging is bought iu large (pianti- ties? — A. ]S one, except in the payment, that I know of. 1 have fre- quently had deductions madeby paying cash from the printed bill prices. Q. What deductions are made for cash ? — A. Three per cent., I think, only. There are some errors in the printed statement of the testimony that I would like to have corrected. The question was asked on page 203J:: "What is it worth to furnish the necessary material and lay it down and joint it as it is now done per square foot ? '' The answer as here given says: "About 10 cents. We estimate it at about 10 cents." I said 44 cents. Then on page 2035 the following question was asked : There is another class of Haggiiig that is user! here, that is sawed or dressed, or " axed oft'" — I don't know what term yon apply to it. Wiiat is that class of llagging worth; what is a reasonable price for furnishing that and putting it down ? The answer was: It would cost about 1.") cents extra. Q. F'ifteeu cents in addition to the others? — A. Yes, sir. The Witness. That would make it about 80 cents for the cost. I mean 15 cents and 44 cents — 50 cents. I did not mean 80, but 59. By Mr. Stanton : Q. It would be 59 cents for the cost, and 89 cents for the reasonable price '? — A. Yes, sir ; but it speaks of the cost. By Mr. Wilson : Q. You mean what ? — A. The cost would be about 59 cents. I did not want to be understood as saying that it cost 80 cents. Q. But the profits added to that would be the other amount ? — A. Yes, sir. There is also one other place. On page 2039 : By Governor Sukphkhd : Q. What did I understand you to say that the net cost of tliat flagging was, deliv- ered here — sueli llagging us the lioard of pulilic works put down ? — A. I say that the ordinary llagging, such tis was laid down in front of the Garden CouservatoVy .square, was worth al)out 05 cents a foot. His question is, wliat is the cost of it? I mean 44 cents as the cost. I answei-ed it as though it were the price, not the cost. The cost of the ordinary flagging delivered here on the street is 27 cents. That was my estimate. I mean by my an- swer, 27 cents delivered here on the street, but my answer is lieie Co cents. 2112 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. Then adding to that the cost of Joiuting it and putting it down as yon gave it on yesterday, with the profit, would make the aggregate cost- price of putting down that kind of flagging I — A. Yes, sir. By Governor Shepherd : Q. That is without any parking"? — A. Yes, sir. And just here another thing : the parking is put down wrong in my answer. By Mr. Stanton : Q. You adopt an average distance of hauling ? — A. Yes, sir; average haul. oSTow, in regard to tlie parking, the question was asked — Now, what would 19 feet of parking be Avorth iu addition to that, at 50 cents a yard ? The answer is printed here 12 or 14 cents. It should not have been that way. 50 cents a yard is five ceuts and something a foot. I did not mean to say that it would b^ 12 or 11 cents a foot, but about 5J cents a foot. By Governor Shepherd: Q. Be kind enough to say what price was paid by the corporation for the flagging for the past five or six years, including bridge-stones'? — A. I think it was 60 cents; I am not certain. Q. Was it not 75 cents'? — A. I will not be positive. It is possible that it was. They were of a larger size. The committee adjourned until 10 o'clock to-morrow morning. Thursday, May 21, 1871. The committee met pursuant to adjournment. Juan Boyle sworn. To Mr. Wilson : I reside in Washington. I have lived here about eighteen years. I have been away at times. I am in the real-estate business, and have been for the last five or six years. Question. Have you been in any other business"? — Answer. Only iu real estate, and negotiation of loans on real estate, and different kinds of securities. Q. Have you ever liad any contract with the board of public works 1 — A. Yes, sir; one. That was for paving K street with the Phillips block- j)avement. Q. How did you get that contract ? — A. I should like to state my connection first with the company. We purchased the contract after- ward. Before the District government was formed I was connected with the Ballard Paving Company of New York. It was introduced to them when they got their patent here. They laid a pavement, I think, for the old corporation. I negotiated a loan of money for them with which to lay the pavement, and out of consideration for that service they offered me an interest, after this government came into existence, in any contracts gotten in this city, if 1 would attend to their business. I then expected to lay the Ballard pavement, but for some reason the board decided to lay the Phillips pavement, and I sold out my contract TESTIMONY OF JUAN BOYLP:. 2113 to the Ballard Paving Company, and they gave it to some other ])er.son to lay. Q. Yon got a contract tor laving that pavement ! — A. Yes, sir. Q. What did it amimnt to?— A. Some 820,000 or $30,000. Q. To whom did you make application for that contract '! — A. 1 made api)lication to Governor Cooke and to the board of public works — geu- erally by written application — and to the vicei)resideut of the board. Q. What was your interest in this contract? — A. My interest iu the contract received tor the Ballard (;ompany was to be ten cents a yard and this paving. I did not receive that much, because it never paid. I think 1 received about 81,1'0(>. (). Y^»nr agreement with the Ballard Paving ('ompany was, if I un- derstand yon, that you were to have ten ceuts a s(piare yard for all the contracts they had in this city lor laying their pavement? — A. They had a contract. i). Did tbe Ballard Paving Company lay the Phillips round block pavement. Was that their pavement? — A. No, sir; they had a pave- ment of their own, and it was for that reason I transterred the Phillips to them, because they did not wish to have anything to do with it. They did not lay it themselves at all. Q. How did you happen to get a contract to lay the Phillips round- block j)avement when that comi)an3' had no authority to lay any such pavement as that ? — A. They had the authoritv if they had chosen to do it. Q. J)id they have the right to use that ? — A. By paying so much a yard royalty they had the right. Q. Did you e\er have any other contracts awarded to you than this one of which yon have spoken ? — A. iSfone that I know of. I never heard of them. Q. Did you ever receive any money out of any contracts other than this one r — A. No, sir. Q. Either directly or indirectly ? — A. No, sir. Q. In the transfer of this contract, how much did you receive '? — A. I was to have received about $2,000, but as there was a loss sustained, I did not take what I was allowed. I only took about $1,200. Q. With whom did you negotiate when you sold out to the Ballard Paving ('ompany i — A. With Mr, Ballard, tlie president of the com- l)aii\. (.),. That was all the connection you had with it? — A. That was all. Q. Was there at any time an understanding that that company or that you, the representative of that company, was to receive any par- ticular amount of paving to do in this city ? — A. No, sir. Q. Did you make an application lor the ])aving of any particular street, or was it just simi)]y a general ai)[)lication for paving to do ? — A. 1 think it was a general application. (,). J>id you make any specilication as to the amount of paving that you desired to get a contract for ? — A. I have asked for large ones sev- eral times, but never asked for any special amount. Q. How often have you made application for contracts? — A. I never made any since I received that one, but for that one I made several applications. i^. Were the applications liled in the board of i)ublic works, or were they letters addressed to the memliers of the board ? — A. I think that they were filed with the 1)oard oi' [>ul)lie works. They were generally addressed to the board, or to the governor, as president of the board 133 DOT 2114 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Who drew the money that was paid on this contract? — A. I be lieve Balhird, or some other company. I do not know who it was. Q. Did he draw it on power of attorney from you? — A. No, sir 5 I made a transfer of the contract. Q. The contract itself was assigned ? — A. Yes, sir. Q. And you had nothing to do with it ? — A. Nothing, except some of the business was transacted in my office connected with the contract — most of it was. Q. Who paid you the money you received from it ? — A. I think it was Mr. BaHard, though I am not positive. Q. Was that paid at the time the transfer was made by you ? — A. No, sir ; not until some time afterward. Q. How long after you got this contract did you assign it to this Ballard Paving Company ? — A. I think it was shortly afterward — two weeks, perhaps. Q. This round-block pavement was not laid there 1 — A. Yes, sir ; it was laid. It was a cheaper pavement, and for that reason it was laid. 1 did not make application for the Phillips pavement. I made applica- tion for the Ballard pavement. Q. How much cheaper is it than the other pavement? — A. I think one was $1.50 and the other, I think, was $3 or $3.50. Q. Did you make this application in your own name for this con- tract? — A. Yes, sir; and received it in my own name. Q. Was there any understanding as to who was to do the work at the time you made the application ? — A. The Ballards were to do the work, and I was to oversee it, and negotiate any paper that was neces- sary to carry the work on, and pay th;^ hands, &g. Q. Well, was that the understanding ? — A. With the Ballard Paving Comfiauy. Q. But as between you and the board of public works, what was the understanding as to who was to do the work ? — A. Of course they made the contract with me ; they expected me to do the work. Q. Did you have any understanding with the board that anybody else was to do it ? — A. No, sir ; not at all. I made the transfer, and of course had to receive permission to do that. Q. Had you ever been engaged in a contract before that time ? — A. No, sir. By Mr. Christy : Q. Who constituted the Ballard Paving Company ? — A. That I could not tell you ; Mr. Brown, Mr. Ballard, and Mr. Marsh, 1 think, were con- nected with it. Those are all I know. Q. What Brown is that? — A. I do not know what his first name is. I think he came from the western part of New York ; but he is not actively engaged in the company at all. John F. Seitz sworn. By Mr. Wilson : I reside at 1008 New York avenue in this city. My occupation is that of a baker. I have lived here all my life-time. Q. Have you had anything to do with any contracts with the board of ^mblic works in regard to the improvement of the streets of this city ? — A. I have indirectly. I made an application for a contract. I made an application to Mr. Shepherd, the vice-president of the board. Q. What kind of a contract did you make an application for ? — A. The carriage-way at Tenth street. TESTIMONY OF JOHN F. SEITZ. 2115 Q. Did you get tbe contract awarded ? — A. No, sir; not directly. I thought the contract was awarded to nie, but when I came to see it I found it was awarded to Taylor & Filbert. (}. Did you receive anything on account of it ? — A. Yes, sir; 82,."i00. Q. Was there anybody else associated with you in connection with it? — A. Yes, sir. Mr M. Frank Kelly and Arthur Shepherd. . Q. Anybody else ? — A. No, sir. Q. Now tell the committee all that you know in regard to this trans- action, — A. After I had been ])romised a contract I went to get it, and was assured I should receive it, and made my arrangements with Mr. Jonathan Taylor, or his agent at least, for a certain specified sum. Q. What was the sum f— A. $0,000. Q. Who did you make this application to to get the contract? — A. To the vice-president of the board of i)ublic works. (}. Was that Governor Shepherd ? — A. Yes, sir; I made application at the office of the board on Fourth-and-a-half street. Q. Go on, and tell us all you know about it. — A. I made an arrange- ment with the agent of Messrs. Taylor & Filbert for the price stated, $0,000. After the contract was given Mr. Filbert went out that even- ing — I was to be paid next morning. I went up to Mr. Shei)herd's house, and came back next morning and went to get a settlement with him, and he said he could not pay the price he agreed. He said Governor Shepherd told him that he gave too much for it, and he could not aiford it. Governor Shepherd. What was that ! The ^VITNESS. Mr. Filbert told me that he had given too much for it, and could not afford it. Governor Shepherd. For what t The Witness. For the street. I wrote Mr. Shepherd a letter in re- gard to it. Then, I thiidv, on consultation with Mr. xVrthur Shepherd and Mr. Frank Kelly, I thought we had better take what we could get. He offered to give 25 cents a square yard for it. 1 took it as part pay, as I thought. Q. What else ? — A. Since then Mr. Filbert has paid me $100 on the balance. Q. Was the $2,500 paid you? — A. No, sir; it was paid to M. Frank Kelly. He received a check on the Metroi)olitan Bank for it. (I AVho gave that check ?— A. Dr. Filbert. (}, How was that money divided ? — A. Equally between the three. Q. What three ? — A. M. Frank Kelly, Arthur Shepherd, and myself. Q. Were there any writings drawn up in regard to this matter? — A. Yes, sir. Q. Who drew them? — A. Mr. Beidler; h'^ represents the Philadelphia company ; the Keystone Paving Company, I sui)pose. Q. \\'iiere were those papers drawn? — A. At Mr. W. O. Dayton's house, on Twelftli street. Q. AVho were present when those pai>ers were drawn ? — A. Mr. Day- ton, Cavanaugh, and Mr. Taylor. Mr. Cavanaugh is in the Treasury Dei)artnu'nt now, I believe. His first name; is Thomas. Q. Was the street designated that you were to have when this ar- ranjiement was first gone into ? — A. i'es, sir. Q. What street was that ?— A. Tenth street, between F and N. i}. Did you ever see Ciovernor Shophenl personally in regard to this mattei- at any time m regard to the contract ? — A. Yes, sir. Q. Where ? — A. At his oflice on Fourth-and-a-half street. 211fi AFFAIRS IN THE DISTRICT OF COLUMBIA. (i Did you ever have any conversation with John O. Evans in regard to tbis matter? — A. Yes, sir. Q. Wliatwasit! — A. I went there with Mr. Arthur Shepherd, and he said that it was a wood pavement and he did not like to interfere with it, but go around and see Mr. Clephane. I think he sent me around to see Mr. Clephane, who represented some company. I did see Mr. Clephane. Q. How did you get your portion of this money ? — A. I got it from the National Metropolitan Bank. Dr. Filbert gave Mr. Kelly the check, and we divided at the bank. Q. Did Cavanaugh get his portion of it ? — A. No, sir. Mr. Cavan- augh sold the contract; that is, he got this purchaser, Mr. Beidler. He thought they were going to have the Jveystone paving, 1 believe, at the time, and afterward they concluded not to let him have it, I think. Q. Do you know where this agreement is that was drawn up? — A. Mr. J. S. Beidler has them. He lives on Chestnut street, in Philadel- phia. Q. About what time did this occur? — A. Some time in August, 1872, I believe. Q. Have you had anything to do with any other contracts with the board of public works ? — A. No, sir. Q. Do you know of any other person who has procured contracts from the board that have been sold, or out of which money has been pro- cured, where the i)arties themselves did not do the work ? — A. I cannot say, of my own knowledge. Q. Was there any arrangement at the time this matter was agreed upon as to who was to do the work in the event this contract was awarded that you received "! — A. Mr. Shepherd said if I would bring him a responsible party to do it, I could have a contract. Q. Have you any papers in your possession that will throw any light upon this or any other matter connected with the affairs of the Dis- trict government ? — A. No, sir; not at present. Q. Not at present "? — A. No, sir. Q. Have you had any ? — A. I think so. Q. Who has got them now ! — A. I do not know at present. I cannot say. Q. What is your impression as to who has them 1 — A. That I cannot say. Q. To whom did yon give them ? — A. To Mr. Beidler, I think. Q. Any other papers than those "? — A. No, sir. Q. Have you had any other papers in your possession ? — A. No, sir. Q. Were the papers that you gave to Mr. Beidler simply the contract that you have referred to, or any other papers than that? The Witness. With regard to that contract? Mr. Wilson. All in regard to this contract? — A. Yes, sir. Q. Did you give him any other paper than simply this contract? — A No, sir. Q. Who did the writing — the drawing up of that contract? — A. I did, I think. Q. What was that contract about — what was the agreement that was to be "? — A. That he was to pay so much money for it — $0,000, I think, for the street. Q. Who signed the agreement? — A. Mr. Beidler, as the agent of Taylor & Filbert. Q. W^ho signed it on their part? — A. It was simply signed by Beidler — simply his agreement to pay. TESTIMONY OF JOHN F. SEITZ. 2117 Q. Did it state to whom tlie money Avas to be paid ! — A. To me. Q. Who witnessed the a freemen t!^ if anybody ?— A. Mr. Dayton and Mr, Cavanan<;h were present at the time it was execnted. Q. Was there any money i)aid at that partieuhir time ?— A. No, sir. (,). Who was present when tiie money arrangement was made ' — A. Mr. Taylor, Mr. Kelly, Mr. Filbert, and inyself. Q. Yon say the nioney was divided. How did the ])arties get to- gether and d'^ivide the money ?— A. 1 went down to ]\Ir. Kelly, to the bank, and drew the money and they paid me, and went down and paid Mr. She] (herd. Q. Where afterward ! — A. Down at the Repnblican olhce, J think. Q. Did you see Mr. Shepherd get the money l — A. No, sir. Q Uow do you know that he got it ?— A. Because he has so stated to nie. Q. You didn't yourself know that fact?— A. No, sir. Q. Mr. Arthur Shepherd'^ — A. Yes, sir. By Mr. Stewart: Q. You three were asvsociated in getting contracts; who were the par- ties associated with you ?— A. I put in the application ; we went in together, :Mr. Kelly, Mr. Shepherd, and myself. Q. HoAT did it come about ; how did you come to organize for the pur})ose; where were you and when? — A. At different places; at the Kepnblican office, one place. Q. Was Mr, Shepherd connected with the Republican office ?— A. Yes, sir. Q. Who wrote the application ? — A. I did. Q. Who was present when it was done? — A. I think Mr. Kelly was present. Q. You put in an application and spoke to Governor Shepherd about it ? — A. Y'es, sir. Q. And he said if you got a responsible party he would let you have a contra<;t ? — A. Yes, sir. Q. He did let you have a contract ? — A. Wiien I received the con- tract it was not in my own name at all ; it was in Taylor & Filbert's name. Q, Who received the contract ?— A. I received it from the secretary of the board. Q. How did you happen to receive it if it was not for you ? — A. Gov- ernor Shf pherd authorized the secretary to give it to me. Q. In Taylor & Filbert's name '? — A. Yes, sir. Q. Then what ay that i)riee for it. Q. And do the work .' — A. Yes, sir. Q. That is what >>Ir. Filbert told you ;' — A. Yes, sir. 2118 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. But he gave you $2,500 1 — A, He paid 25 cents a square yard ; I tliiuk that was tbe sum. Q. Wlio was present when he paid the money over? — A. Mr. Frank Kelly, Mr. Beidler, and I tbink this man Slatter, Q." You took one-third and he took the other two-thirds ? — A. Yes, sir. Q. And how did you ascertain he gave that other half of bis one- third to Arthur Shepherd ? — A. He said so. Q. Whof— A. Mr. Kelly and Mr. Shepherd, both. Q. How long after tha^ did you see Mr. Shepherd? — A. That night. Q. He said be had got his part ? — A. Yes, sir. Q. Where were you when be said it? — A. Down at tbe Republican ofdce. By Mr. Mattingly : Q. When did you see Mr. Clephane — before or after tbe contract was awarded '? — A. Before. Q. Wliy was that pending tbe application for the contract ; were you trying to sell it out? — A. Yes, sir. Q. "with tbiit view, you went to Mr. Evans and Mr. Clephane ? — A. Yes, sir, I saw ^Iv. Evans and 31r. Clepbaue, but could not negotiate with them. Q. You then went to Dr. Filbert? — A. Yes, sir; and he made tbe ne- gotiations with bis agent ; afterward with himself. By Mr, Christy : Q. In what business was Mr. Frank Kelly at that time ? — A. I tiiink he was assistant assessor. He was assistant to George Beal, su- j)erintendent of assessments. Q. He was at least subordinate to Mr. Beal at that time ? — A. Yes, sir. Mr. Beal was superintendent of special assessments. Governor Shepherd. I want to ask a question or two. By Mr. Shepherd : Q. Did not you importune me daily for a long while, for tbe paving on Tenth street, on which you live? — A. Yes, sir. Q. What was my response to your importunities ? — A. I forget. Q. Was it to this effect, that I would not award a contract unless it was to some responsible party who could do the work ? — A. Yes, sir ; I have just stated that. Q. You state that my brother Arthur was connected with you in getting this contract? — A. Yes, sir. Q. Did you let tne know at the time that be had any connection with it? — A. No, sir. Q. You never said anything on that subject to me ?— A. No, sir. Governor Shepherd. I should like, Mr. Obairman, to have my brother and Mr. Kelly summoned before this committee in regard to this mat- ter. It is the first 1 kneAV of his having any connection with it. By the Chairman : Q. Why didn't you tell Governor Shepherd that his brother Arthur was interested in it — in tbe contract with you ? — A. I did not think it was necessary. Q. Did you think that would help you to get it ?— A. I do not know. My influence was enough to get it without anybody else ; without letting biin know it, at least. Q. You are positively certain you did not tell him so ? — A. No, sir. TESTIMONY OF JOHN F. SEITZ. 2119 By M. Bass : Q. Did you tell Goveruor Shepherd you were paying any homis for the co?i tract"? — A. I did not i>ay any bonus. Q. Getting a bonus? — A. No, sir. By Governor Shepherd : Q. Do you think you would have got the contract if you had told uie luy brother had any interest in it t — A. I do not think I should, and that is the reason I did not tell you. By Mr. Wilson : Q. Do you know anything about Gleason's contracts on Maryland avenue ? — A. No, sir ; not directly. 1 know he did get some, and I thcught I would be interested with him at one time. Q. \Vas there any understanding of that kind ? — A. Partly. Q. With whom did you have that understanding ? — A. With Mr. Gleason, I thouglrt I was entitled to something. By Mr. Stewart : Q. You say you are a baker ; how did you become entitled to " some- thing f — A. Like anybody else that wanted to make a few dollars. i}. What had you done particularly to entitle you to a contract ? — A. I was situated like a gJ'eat many others. Q. A great many others are situated very peculiarly — how is that? — A. 1 thought if I would make an application I might succeed in getting it, and if 1 did not I would not lose anything. Q. You thought you were entitled to a contract ? — A. As much so as anybody else. 4 Q. No more I — A. No, sir. Q. Did you ever hold any oflice ? — A. I am now holding office — I hold the office of commissioLer of tlour of the District of Columbia. Q. Were you holding office at that time ? — A. Yes, sir j I was holding the sanu^ i)Osition. Q. What does that officer do ? — A, He fixes the grade of all flour in the District. Q. You say you wanted the work done on Tenth street, where you live ? — A. I live nearly at the corner of Tenth. Q. Js that the reason you assigned to Governor Shepherd why you wanted to get a contract — to get the particular work done ' — A. My ob- ject was to make some money. Q. I asked what reason you assigned to Governor Shepherd? — A. I wtis not particular about Tenth street; anj"^ other street might have suited me just as well. I should like to have had Massachusetts ave- nue, if I could have gotten it. Q. You did not say anything about tlie imp)Ovement of that particu- lar street .' — A. No, sir. Q. You did not suggest to him that an> particular street ought to be improved at any time? — A. I nuule a))plication for Tenth street partic- ularly. Q. Wiiy 7 — A. I thought that was oiu> I could get. Q. Did you say anything to Governor Shephcnl about the desirability of having that street improvcMl particularly ? — A. No, sir; I think it is the best wood pavement that is laid, liowever. By the Chairman: Q. How many commissioiuM-s of lh)ur are there .' — A. One for the city of Washingtoji and two Jbr Georgetown, 2120 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Stewart : Q. Wliat do tln'y receive f — A. All that they can make. If an in- spector inspects llonr and a miller objects to the inspection, he calls the commissioners as arbitrators; they decide; whoever loses has to pay $5 on each barrel. Q. How much have you made during the hist year ? — A. I have made 30 since I have been holding the office during the three years. Q. About $10 a year"? — A. Yes, sir; that was only quite recently, too. For the first two years I did not make anything. The position is more of an honor than a profit. Q. Your profession being a baker, it comes in yonrway, and it places you high in your profession ? — A. I think I am an expert in it. By Mr. Wilson : Q. Was there any understanding that you Avere to do this work when you got this contract? — A. Islo, sir. I was to have a responsible party, and I went and told Governor Shepherd that Mr. Taylor would do the work, and he tlien awarded the contract. Q. What was the object in letting this contract through you ? Was the contract let directly to you or to Taylor & Filbert 1 — A. The con- tract was let to Taylor & Filbert. Q. Now, what was the purpose of letting this contract through you to these parties ? — A. So the governor had a responsible party, it did not make any diflerence whom he let it to. Q. Was not this a means of putting money into your hands ? — A. I do not think the governor knew it. Q. What was yciiir purpose in this ? Your purpose was to get money out of him ? — A. My purpose was to make some money. 1 had no means to carry on the contract. Q. And it was not understood that you were to execute this contract, but that somebody else was to execute it? — A. The governor told me if I brought him sonie responsible party who would do the work he would give me the contract. Mr. Taylor went to see him about it himself in I)erson. Q. Was there any expectation at that time that you would profit in this way '? — A. I do not tliink the governor gave it a moment's thought. Q. Did he suppose that this vras all being done just simply on your part, as a mere matter of gratuity to Taylor & Filbert ? — A. I have no right to suppose anything about it. Q. You had your arrangement with them, did you ? — A. Yes, sir. Q. Who sent you to John O. Evans? — A. Arthur Shepherd and I went together. Q. Who directed you to go and see him ? — A. I cannot say. Q. Wliat is your best impression ? — A. It has been so long back. Q. Who took you to see Clephane'? — A. John O. Evans, I believe. Q. When you went to John O. Evans, was there anything said be- tween you and John O. Evans in regard to what you should be paid, and how you should be paid it ? — A. He asked lor a few days to con- sider the matter, and I went to see him afterward, and I did not get any definite answer from him. I thought he was trifling with 7ne. Q. Was there anything said between you and him as to what amount should be paid ? — A, I cannot say. Q. \yas there anything said between you and him as to how you should be paid, whether in money or something else? — A. I do not remember. TESTIMONY OV JAMES A. MAGRUDER. 2121 Q. Wliat is your best impression? — A. I tliiiik T liave a diary, and can refresh my memory. Q. I wisli you would briufiit up in the morninji-, and any other jtapers you may have, so as to enable you to give us all the facts m regard to this transaction. By Governor SnEPilERD : Q. Was not the ground of your application for Tenth street based upon the report and knowledge that you were a property-owner there and lived on the street ? Was not that the argument used in regard to it — that you had part of the taxes to pay? — A. My parents had, I believe. Q. Was not that argument used witli me by you ? — A. 1 do not remem- ber. It might have been. Q. You say that this order was made out to Taylor & Filbert. Wiis not that done at your recpiest ? Did you not request that it should be uuule out to them ? — A. I think so. The committee here adjourned until to-morro\v morning at 10 o'clock Friday, May 22, 1874. The committee met pursuant to adjournment. James A. Magritder recalled. The Witness. If you will look on page 157, expeiulitures of the treasurer, the first clieck of July 12 that you called my attention to was *(i(),.35G.2(). Looking down, commencing at August 21, John O. Evans, sl>0,()0(), that is the beginning, and if you will add those three checks up, the check of $()0,35().20, 87."),000, and $30,335, and then the next one of July 15, $10,003, you will find that running down to Albert Gleason, Rhode Island avenue, between Fourteenth and Sixteenth streets northwest, $7,2.53 — taking those checks in that regular line you will find they aggregate the exact amount to a cent of these checks. By Mr. Bass : Q. The first $20,000 item is W. O. xVdams ?— A. The first item is John O. Evans for Twelfth street between B street north and B street south, $20,000. The next is $10,000, the next is $8,000, the next is $1,000, the next is $0,000, and the next is $1,350.20. John O. Evans for Farragut Square, P-street circle, and Scott Square, $27,000. John O. Evans, work i)er schedule, $45,000. John O. Evans, Seventh street between B street north and B street south, $7,000. Ditto, Fourteenth street be- tween H north and B south, $7,000. Albert Gleason for Seventh street Ix'twciMi E and G streets northwest, $8,325 ; ditto, F street between Sixth and Ninth northwest, $11,712. John O. Evans for Fourteenth street between B north and B south, $15,000. Albert Gleason for Tenth street between F and Water streets southwest, $1,023 ; Twelfth street between B north and B south, $2,000; (J street between Thir- teenth and Fourteenth southwest, $1,325 ; Ithode Island avenue between Fourteenth and Sixte'enth streets nortiiwest, $7,253. By Mr. Wilson : Q. What does that foot up? — A. That foots ui) the amount of these checks. (^ Give me the amount, if you i)lease. — A. The amount is $182,594.20. 2122 AFFAIRS IN THE DISTRICT OF COLUMBIA. By IMr. Bass : Q. Let me understand you ; that is those three checks ! — A. Four checks. Q. Those four checks marked ? — A. Yes, sir. Q. The eutry is made in your book here under the date of August 21, 1873 ?— A.' Yes, sir. Q. The checks were drawn July 12 and July 15, 1873 ? — A. Yes, sir. Q. When was the money actually paid out 1 — A. At that time. Q. What time?— A. July 12. Q. Why is it that you failed to enter those amounts until August 21? — A. For the reason I told you the other day, that very often I laid these things away until I got time to separate them, and sometimes, when my clerk was away, I had to wait until he came back. He was away sick. Very often I was away myself. They were locked up in my safe. That is the only reason. Q. You were not away when you paid the money out 'I — A. No ; of course not. Q. That you paid out at your office? — A. Yes, sir; very frequently I drew checks late in the evening — at night. Q, When were the entries made on those stubs which you say you made out at a different time — the numbers of the certificates ? — A. That I cannot recollect. It is possible that when I sent those checks for the different (!ertificates, payable to the order of the cashier of the First National Bank, they were entered when the certificates were returned. Q. How did you know that the National Bank held those certificates? — A. They wrote to me. Q. Have you the letter? — A. I do not know whether T have or not. Q. Do you recollect, as a matter of fact, that George F. Baker wrote yon saying that he had certain certificates, and thereupon you sent him a check ? — A. Yes, sir. Q. And you had no voucher when you paid the money out except his letter of assertion that he had the certificates? — A. The check was payable to his order as cashier. Q. Very well ; what difference does that make ? Let me see if 1 understand you. Do you mean to say that as the treasurer of the board you were accustomed to send checks out in that way upon the faith of a letter, and trust to subsequent events to produce you the vouchers ? — A. No ; I knew another fact. I knew he held those certificates because we had asked him to advance money on them. Q. Have you those certificates here? — A. No, sir; but I know the fact. Q. Have you looked to find the certificates ? — A. I sent up a youug man to get the number of those certificates and what they were. Q. Have you the memorandum as to those particular certificates and the amount ? — A. No; I can go and bring them to you if you want them. Q. 1 understood you to say you were going to bring the vouchers? — A. If you want them I will go right down and get them now, Q. i have no particular request to make about them. Then you did not bring any of those vouchers? — A. No, sir; I did not bring any of those up. Q. How do we know from that book that those i-tems whicli you have pointed out are the particular items specified on these check stubs ? — A. They correspond to a cent. Q. That is the only evidence that you have ? — A. No, sir ; I told the young man to go to the numbers of those certificates and see who they TESTIMONY OF JAMES A. MAGRUDER. 2123 were issued tcfaud what. He just came right do wu aud says, "here they are." Q. Wliat I waut to kuow is, what evideuce we have here that these items Avhich you have pointed out on this book are the items repre- sented ? — A. Well, 1 swear they were the items represented by those certitieates. Q. That you swore the other day ? — A. No, sir; I did not the other day, because I did uot had them tlie other day. Q. But we want some inherent eNidence ot'tliat fact. — A. I can bring you the certificates showing they were issued for this worlc as it is liere. Q. We supposed you were to do that to-day. — A. You can liave them iu a few minutes. By Mr. Bass : Q. Tliese items on the book do not in any way indicate that they rep- resent the items of money paid to George F. Baker i — A. No, sir. Q. They only run to George F. Baker, cashier ? — A. Yes, sir, exactly, for certificates so aud so. Q. Very well, there is no number of a certificate iu this book ? — A. Yes, there is. 'So, there is none. Q. George F. Baker's name does not appear in this book ? — A. So, sir. Q. But Jolm O. Evans's name does ? — A. Y^es, sir. Q. But John O. Evans's name does not appear on the stub book ! — A. Xo, sir. Q. What evidence have we except your assertion that they are the same items of cash ! — A. 1 tell you I will bring you the certificates if you want them. By Mr. Hamilton : Q. The certificates do not show anything more ; they will not show the name of the cashier, Baker, upon them ? — A. So, sir. By Mr. Bass : Q. How are you able to swear that these items are the same items represented by these checks, except from the mere fact that the aggre- gate of these sums aggregate the amount of these checks ? — A. For the simi)le reason that the numbers are there. Q. The what ? — A. The numbers of the certificates are in that check- book ; those vouchers, or, rather, those auditor's certificates, are num- bered just corresponding with those numbers. Q. Have you compared them since you were here? — A. Yes, sir; I asked the clerk to get me Q. Have you compared them, since you were here, yourself ? — A. No, sir ; I liave not compared them, since I was here, myself. Q. Which of these items corres])onds to the first check of 800,3oG.20? — A. I have here $20,000, $10,000, $8,000, $1,000, $9,000, $1,350.20, $7,000, and 87.000. Q, ilow many items does that make ? — A. Plight. Q. Those eiglit items foot ui) the amount of that check ? — A. Yes, sir ; $(;3,35(;.20. Q. Yes ; but the check is $60,350.20. I wish you would take that and see if you can make the amount ot that check, which bears a ditVerent date from any other in the list which 1 gave you. — A. Whieli oiu' I Q. This first check. There ought to be some items there that will ag- gregate the same amount. — A. They will. I will give them to you in a moment. I have it here— $45,000, $1,350.20, $7,000, and $7,000. 2124 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have yon any evidence, except tbe mere fact that tUese four items ha])pen to foot up the amount of the check, that they are represented by that check ?— A. Yes. Q. What other evidence in the world ? — A. The evidence that I gave this list of these certificates. Said I, "You find out who those are sent to." I told that to the clerk — to go up to the auditor's ofl&ce. He took it right from that check-book — the numbers of those certificates. " Find out whom those are to," I said. He came back with a memorandum, just as they are here ; then I checked them off on this book. Then I took the next check ; I checked them off. Q. Well, let us get through with that first. Why was it, if you checked them off, that you were unable to identify that check even now, except by the mere fact that you find certain items that aggregate the amount of the check, and therefore you assume it 1 — A. No, I do not as sume it, because he brought me those very ones, and I checked them off on this vei\Y book, and then I got the next and checked it off, and I found them all here right together — charged right here together. Q. Will you explain another thing? These items on the book run, first, one of .$1,350.20, to Albert Gleason, for filling the canal; one of $45,000, purports to be a sum of money paid John O. Evans, according to work per schedule; another of $7,000 purports to be for work done by John O. Evans upon Seventh street, and the other, for $7,000, tor work done by John O. Evans upon Fourteenth street. Now, the name of John O. Evans does not appear on your check-book. — A. No, sir. Q. Neither does Albert Gleason's name appear. — No, sir; because they did not hold the certificates. Q. And there is the same explanation, I suppose, in regard to George F. Baker, in the next items ? — A. Yes, sir ; and I can give you those, if you want them. Q. We will not take the time to go through all those. Now, take the next item which which was referred to — $50,000 — being the check dated February 7, 1873 ; where is that on this check-book"? — A. That I did not look for, because 1 would have to go all through Filbert's accounts to find out what those were paid on. By Mr. HAMILTON : Q. Are the numbers given there ? — A. No, sir ; they are not given on that. By Mr. Bass : Q. It purports to be a check dated February 7, 1873, for $50,000, pay- able to the. order of Filbert ; can you tell on this account that you have rendered to the board of public works where that item of $50,000 is entered ? — A. No, I cannot; it is entered here probably in a dozen cer- tificates, or half a dozen, or four or five. Q. I ask you if you can tell where it is entered ; give me one certifi- cate that represents it; the check was drawn February 7, 1873, for $50,000 ? — A. Those were bonds, I think ; I noticed some of these checks were payable in bonds; it is possible that was. Q. How can we tell f — A. There is one. Q. I call your attention specifically to the check of February 7, 1873, for $50,000 ; can yon give us any history or account of that check, who got the money, where it went to, or where it is entered in your book account ? — A. Filbert has got it, and it is entered on my account some- where. I certainly would not pay out that money without entering it somewhere. I have got something for it. In other words, it is here. I TESTIMONY OF JAMES A. MAGKUDER. 2125 got some indebted iiess of the board. It may have been a dozen eerti- ficates. Q. Of course I can guess as well as you, but, as I understand, you cannot tell by the way this account is made up where it is, or what items represent that $,jO,000. — A. Well, I think 1 could figure it out in time. Q. About how long would it take t — A, Well, that I cannot tell ; not very long, down at the othce. Q. Tlien there is another item of February 15, 1873, of $05,000. Will you look at that? — A. Tl)at is Freedman's Savings Bank. Q. Can you direct us to the items, and put your linger upon them, in this account which you rendered of your expenditures, indicating which items represent that sum of $05,000 or any part of it ? — A. I think very likely that is one item of $11,000. It is the Abbott Paving Comi)auy. I know they dealt with them. It is dated February 17. They dealt up at the Freedman's Bank. 1 do not know positively. Q. There is an item dated February 17. — A. Entered February 17. Q. The Abbott Paving Company for G street, between New Jersey avenue and Seventh street, northwest, $11,252. What evidence have you that that is a part of the $05,000? — A. 1 have not any at all. Q. What makes you say that you think it is ? — A. Simply because they ke])t their account up there, and left their certificates and got money on them. Q. And that is all ?— A. That is all. I only know this, that for all thes(» checks 1 received (^>. That is exactly what you said the other day, and at your request I understood that you desired to take this memorandum to your office and bring back here to the committee the vouchers. — A. 1 did with those things that are numbered. Q. Where ? You have not produced a voucher here ; you say yourself you have not looked at the vouchers since you were here. — A. I will send right down and get them if you want to see them. Mr. liASS. The committee would like those vouchers. By Mr. Wilson : Q. I V, ould like to know what the meaning is of this item : John O. Evans, for work, per schedule, $45^00 f — A. The engineer sent in a dif- ferent lot of work ; different streets. Tlie auditor makes up the amount on each of these streets, and then issues his certificate per schedule. Q. I find another item here that I will call your attention to. On the 18th of March, 1873, there was a check issued to .lolin O. Evans for $42,000. See if you can find anything corresponding witli that. — A. I find on March 11), John O. Evans, for flagging, $5,.33G.65; John O. Evans, for l>iidge street, Georgetown, «&c. Q. Your explanation as to that would be the same as the other? — A. Yes, sir; of different certificates. They are here ; I think right along. There are a lot of certificates charged to him on the 10th. Q. You received about the Kith of January, 1873, that approi>riation of $1,210,000, did you not ?— A. Yes, sir. (^ How long was it before you had paid that all out? — A. That I cannot tell you — not very long. Q. About how long? — A. Probably a couple of weeks. I do iu)t know, however. I cannot speak positively about that. Q. Did you go to these banks and have? a settlement wifh them imme- diately of all the certificates that they held and paid it out of that ai)- propriation ? — A. No, not all of them. I paid them a good deal. 2126 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q, How macli did you lack of paying the whole of it! — A. That I cannot tell yon ; I cannot remember back that far. Q. I have here a check- book, and every check in it seems to have been drawn on the 17th of March, excepting three, which were drawn on the 18th of March. — A. I told you about this before ; I told you that I did go to the bank and pay them a large amount of money when I received that money. Q. What bank was that ? — A. This was the jSTational Metropolitan Bank. Q. What other bank did you go to 1 — A. I weutto the First National. Q. How much did you pay there ?— A. I do not recollect how much, I paid them a good deal. Q. Did you not commence paying there the very day that you drew this money, giving your checks to that bank ? — A. No ; I think not. 1 might possibly, but I do not think it was the very day. Q. You got' the money on the 13th, did you not, or was it on the 12th ! Your account will show the date you have charged yourself with it. — A. The Governor's Answer will show what day the money was got; at least it will show what day it went through the Treasury. Mr, Wilson. It seems to have been on the 11th. The Witness. Well, then, it was the 11th or 12th, probably, that I got it. Q. You commenced paying on the 13th ! Do you recollect what amount you paid at that bank 1 — A, I do not. By Mr, Bass : Q. Can you give any idea of how much you paid ! — A. I cannot. Q. Did you pay any at the Freedmau's Bank at the same time ? — A, I think 1 did. Q. Do you recollect how much ? — A, I do not. I want to say this right here, Mr. Bass, that there is an itemized account which makes every man a detective; this report has gone out broadcast where every- body could see it that wanted to; I have given out a large number of copies, and I do not think I have ever had an application while we had them, from anybody who wanted one of these reports, that I did not give it to them. Every item is put down here and who it was paid to, or, rather, what it was paid on, and tl>e amount; and if it is not paid, any man could have come forward and said so. By Mr, Wilson: Q. Now, Mr. Magruder, do you pretend to say that that book makes every num a detective, and enables every man to understand whether this account is kept correctly or not? — A. I pretend to say this, Judge Wilson, that if there is a charge in that book against a man, he knows whether it is paid or not. Q. Can this committee tell? Is there any mode by which this commit- tee can verify that account, excepting by going through your vouchers, item by item ? — A. No, sir; and no committee nor anybody can verify anybody's account without going through their vouchers. Q. Do you not know that you posted up upon your door a notice that no clerk, on pain of dismissal, should be allowed to give information without an order from the vice president of the board ? — A. No, sir ; it was not on my door, and never was on my door, but it was a very I)roper thing to do, sir ; very. Q. Well, wdio did ?— A. Just let me talk. I want to say this, that where imputations are thrown upon us, we have a right to defend our- selves. TESTIMONY OF JAMES A. MAGRUDER. 2127 Q. Defend yourselves by coneealiii.ii- your record or by exhibiting it? — A. Fot by concealing anything; but if every man was allowed to go into that oltice that chose to go there, there would be no work done; and every Department in this city to-day lias the same order ; the clerks are not to be allowed to show pajiers, &c., to people without the anthority of the heads of the bureaus. The same onler exists in all tlie Departments of the city, and it is a very proper order to give; and Mr. Cluss himself went" to Mr. Willard, 1 have ascertained since 1 was on the stand before, to ask Mr. Willard to give such an order. He said that orders were given to do certain work ; the first he heard of them was on the street ; before the clerks had time to brief the papers and send them into the ofQce, the contractors came to him and wanted him to go to work; and that he went down and asked Air. Wil- lard to give that order. 1 have ascertained that since 1 was here before. Mr. Cluss told me that himself. Mr. Wilson called my attention, and asked me if I did not know that such things had been done. By Mr. Wilson : Q. I ask you now if you do not know that it was done ! — A. I do know it now ; I did not know it at the time; but it was a very proper order. Q. You stated under your oath, a nu^ment ago, that this book made every man a detective, and eimbled every man to determine. — A. So it does. Q. And you say that he cannot do it except by looking through your vouchers? — A. Of course, if any man came there Q. Is not that true ? — A. I have had very often Q. Hold on a minute ; I want the answer to my question. Is not that true, that he could not do it except by looking at your vouchers ' — A. Certainly he could not. Q. And yet, if you would not allow him to look at your vouchers, how could he be a detective? — A. I would allow him if he came to my office and asked me to see them. liy Mr. Bass : Q. You swear that you paid $50,000 on Julv 15 to L. S. Filbert?— A. I do. Q. W Mr. L. S. Filbert was sufiicient of a detective to seek to ascer- tain by the report (^f the board of public works where you had entered up that $50,000, how would he go to work to find it ? — A. He w^ould come right to me and ask me, and 1 would show him the ct'rtificates. Q. That would be a poor place. lSuj)pose he looked at your report, how would lie t\ui\ it ? — A. Would he not know that I had paid liiui ? Q. Certainly ; luit the point is, where he would lind it entered in your puldished account that you were so careful to circulate. — A. He would find it ill here, if he would go through that acitomit. Q. Where? — A. In this account. (). Whereabout, I ask you. If Filbert could find it, yiui certainly can. ^Vill you have the kindness to put your finger upon a single one of the items constituting that $50,000 t — A. 1 cannot do it here. Q. Tiien would you find fault if b'ilbert could not do it ? — A. No; but if he would come to the ofiice he could do it. (}. Well, then. Filbert would not be a very good detective .' — A. Yes, he would. The point is simpl\ this, that there has been no attemi>t to conceal aiiytliiiig, es|»e(',i;illy I'roiii the committee. .ludge Wilson's im- putation is thai we were attempting to conceal matters. Now, we do not want to conceal anything, especially from the committee. 2128 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Wilson : Q. You say I make an imputation against you. I make no imputation against you. You came here at the outset of this investigation saying you wanted to be thorouglily investigated. — A. So we do. Q. And completely vindicated U — A. So we do, fairly. Q. And we are trying to do it. If you do not give us light it is not our fault. — A. I do not know the fairness of the thing. Mr. Wilson. Well, I know something about it. By Mr. Bass : Q. If you bring those vouchers they will probably throw light on the way the account is made up. — A. I will give you those vouchers that you are speaking of. You shall have them. You said the other day that all you wanted was for me to point out in this book. I pointed it out, and you shall have the vouchers. I will go and bring those vouch- ers now. I want to see if I can find a correspoiuling amount of certifi- cates paid to Filbert. He has been dealing with a lot of people, and under several contractors. For instance, he has had this man Gregg. It may have been Gregg's certificates paid to FUbert. Q. Cue other thing before you leave the stand. There was a question the other day with regard to a certificate of Mr. Oertly for $148,000, which seems to have been referred to the auditor by you, as I infer by this continual accumulation. That is the one to which Mr. Cluss testi- fied. It seems to have passed through your hands, and never was audited by the chief engineer. — A. I have done this in severalinstances when I have been there alone. People wouhl come in, after the thing had been in a while, and want their measurement. I never ordered the auditor to issue a certificate without sending it into the engineer's department for one of the engineers. I have sent for Mr. Barney, and asked hiin, "Mr. Barney, do you know anything about this"? Is it safe? I want you to take this up, and look over your books, and come down and tell ine is it safe to give that much money as a partial measurement, or as a partial payment, on this work." If he said no, I would refuse to do it; if he said yes, I would do it. Q. The point I want is this: There was some little question the other day in assuming that this was either right or wrong as to which mem- ber of the board of public works was responsible for the audit of that particular account, and it appears by these papers that it was audited upon your own request, and that if any member of the board was re- sponsible it was yourself. — A. Do you make that 60 1 I am responsible for that ; that is a partial payment. By Mr. Wilson: Q. Then your explanation of this would be that this application hav- ing been made to you, you called upon Mr. Oertly ? — A. l^o, sir ; I called upon somebody ; I don't know who. Q. See if that letter will enable you to say who you called on ? [Re- ferring to a document.] — A. That was sent down to ine from the engi- neer's ofhce. I do not know who I called upon. I called upon whoever the engineer was, or sent a note up. Q. Who furnished you the information upon which this thing was done f — A. I acted upon that, I suppose, [indicating a paper.] Q. Who did it ? — A. I do not know. Q. Have you not the signature before your face f — A. O, Oertly did this, September 1, 1873. Q. Please read that indorsement of yours to the reporter. — A. I would like to put the whole thing in evidence. It is as follows : TESTIMONY OF JAMES A MAGRUDER. 2129 Wasjiingtox, August 2fi, 1873. Hon. Board of Pini.ic Works, District of Columbia : Gentlemkn : I would respectfully ri-fiuest that a lueasnreinent be made of the follow- ing work, now being done by nio under your orderss, viz : Grading in square No. 2Vl. E street south, from Tenth to Thirteenth streets west. C street south, from Thirteenth to Fifteenth streets west. Fourteenth street west, from B street north to B street south. Twelfth street west, from \\ street north to B street south. Tenth street west, from F street south to Water street. Filling on Maryland avenue west, from Thirteenth to Fourteenth streets. Grading Maryland avgniie west, from Thirteenth to Fourteenth streets. Rhode Island avenue, between Fourteenth and Sixteenth streets west. I street south, between Seventh and Ninth streets Avest. H street south, between Seventh and Ninth streets west. B street north, between Twelfth and Seventeenth streets west. I would a'so request that an estimate b;- made to cover expenses of work on Seventh street west, between E and G streets north, and F street north, between Fifth and Ninth streets west. Verv respectfully, your obedient servant, ALBERT GLEASON. Total amount of work done by Albert Gleason, esq., on following streets, viz : Twelfth street, southwest, from B to B, viz: taking up cobble and old mate- rial, setting curb, and sewer ^4,204 06 E street, southwest, from Tenth to Thirteenth, grading and hauling to canal. 17,76.5 25 S street, sc uthwest, from Seventh to Ninth, grading and hauling to canal. .. 15, 184 58 Square 212; grading and hauling to canal 19,600 GO C street, southwest, from Thirteenth to Fifteenth, grading and hauling to canal 5, 127 42 Maryland avenue, from Thirteenth to Fourteenth, filling 1, 074 15 Maryland avenue, from Seventh to Eleventh, grading and hauling to canal. 4, .582 60 Tenth street, southwest, from H to F street, grading 1,623 60 Fourteenth street west, from BtoB 4, 843 93 H street, southwest, from Seventh to Ninth, grading and hauling to canal .. 5, 841 29 Massachusetts avenue, digging trenches for retaining- wall, between Four- teenth and Fifteenth 98 00 B street north, from Twelfth to Fifteenth, sewers and grading 4, 850 40 F street north, from Sixth to Ninth, and Seventh west, from E to G 56, 121 61 Rhode Ishmd avenue 7,253 22 Total 148,230 11 Most respectfully, Septe.mukr 1, 1873. Respectfully referred to the auditor. By order of the board. B. OERTLY, District Engineer. September 3, 1873. CHARLES S. JOHNSON, Assistant Secretary. Washington, September 2, 1873. Hon. Board of Prnuc Works, District of Columbia : Gentlemen : I would respectfully rer|uest that you will direct certificates to the amount of sixty thousand dollars (s(;o,ned it together with Mr. Faehtz, recommended at the bottom by Mr. Forney, and tiled it before the board some time the last of Aug'nst or the first of September, 1871. I left the city and went away. I was away abont a month, and in my absence this con- tract was awarded. Q. Were yon in the Treasnry Department at this time? — A. No, sir ; I was clerk to the honse of deleiiates. Q. Did yon speak to any member of the board in reference to this contract personally ? — A. 1 really do not think I ever spoke to any of them. I do not recollect that I did. Q. Yon did not go personally and say to any gentleman of the board, "I have a written application for a contract, and I would be glad to have yon give it to me?" — A. If I did I certainly have no recollection of it now. Q. Did yon know whether or not Mr. Faehtz did make such personal application ? — A. He may have done so. Q. l^on do not know whether he did or not? — A. 1 left a day or two after I had prepared an application, and what they did in my absence I did not know until I received a dispatch to come home. Q. Do you know whether Mr. Forney made any such representation to the board — to any member of the board personally ? — A. IMr. Forney old me that he and Mr. Hall had been to see Mr. Shepherd abont it. Q. That is Governor Slu'i)herd now, who was then vice-president of the board '! — A. Yes, sir. Q. I wish you would explain why it was that Mr. S. P. Brown was to be interested in this contract. — A. Well, why it was I cannot tell fur- ther than Mr. Forney — that was a nmtter between Mr. Forney and him to divide the one-half. Q. Y'es, but you knew it at the time ? — A, I did. Q. Tlie^ toki you so ? — A. Mr. Forney told me so at the time. He told me when I objected to giving so much — giving one-half of the pro- ceeds. He said he must have that to pay Mr. Brown — that he relied on Mr. Brown to i)ut this thing through. (}. What was ^Ir. Brown to do which would entitle him to an inter- est in this contract? — A. Well, while it might not have been mentioned in plain English words, the undeistanding was that of course he was to see that this contract was to be awarded. .\t least, that Mr. Forney relied on him. (). Well, did you not rely upon him .' — A. 1 did, on the representations of Mr. Forney. Q. Then you were to pay Mr. Brown one-third of on(vhalf in order that he, Mr. Brown, might put this contract through the board of pub- 2138 AFFAIRS IN THE DISTRICT OF COLUMBIA. lie works for you; that was the understandiug? — A. Well, at least, take whatever part he might take in getting it awarded. Q. That was your understanding? — A. That was my understanding. Q. That was the object of operating with Mr. Brown ? — A. There is no doubt about that. I could not understand anything else. Q. What position did you then hold ? — A. 1 held the position of chief clerk of the house of delegates. Q, What is that? — A. The lower branch of the legislative assembly of the District of Columbia. Q. At that time?— A. Yes, sir. Q. Now, you are perfectly certain that you mentioned to no one at that time, or within a reasonable time afterward, that Mr. S. P. Brown had an interest in that contract ? — A. I stated that I was connected with the contract and r-ecoguized but for a very short time ; and as soon as that trouble came on, and I got into a quarrel, and I was out of the contract, I think I might have stated that fact to somebody ; but who they were I could not remember the name. I was driven to a little des- peration at the time. I do not know what I might not have done if I had met Mr. MuUett at the time. Q. You stated to some folks about the facts ? — A. Well, some men around town. I have evidently stated those things, but not until after- ward. Q. They were your personal friends that you stated them to, prob- ably? — A. No; in our discussions of the merits of the board, here in town, in talking about my grievances on that contract. Q. Do you mean to say that you made public statements of it? — A. Well, it certainly was not concealed when I was talking about it iu that way. Q. When was that? — A. Well, that must have been — it was after I^ was out of the contract, and the pavement thrown off of the street and' another one substituted, after Mr. Linville got the contract. Q. It was after you had your note and money iu your pocket-book, was it not? — A. I do not know but what I may have stated that fact to some folks before that. I do not know that I did so then so openly and publicly as I did afterward. Q. You were quiet about it until you got your share of the proceeds of the sale; were you or were you not? — A. At least I did not make public exhibition of that fact ; but after that I did speak more openly. By Mr. CHRISTY : Q. Do I understand you to say that a portion of that pavement laid by Mr. Faehtz still remains? — A. There is an intersection of Massachu- setts avenue and Third street. Q. A small portion of it ? — A. Yes, sir ; and then again at the inter- section of L and Third streets, I think. Q. How does it endure with reference to the pavement subsequently laid by Mr. Linville ; how does it compare for durability ? — A. I have no interest in that pavement or in any other — not a cent. Of course that patent is of my own creation ; I conceived it, and I do think that it is as good a pavement as is laid in this town. I have not been there to see it or notice it for close on to a year, I think. I have been met within the last six months by a number of persons who have called my attention to it, and I said I did not want to hear anything more about it, because I had had enough of wood pavements; but they tell me that it is as good a pavement as any one in the city. Q. The price he was to receive was $3 a square yard? — A. Yes, sir. TESTIMONY OF GEORGE FOLLANSBEE, 2139 Q. The price Liiiville in fact received was $3.50 per square yard? — A. So it appears, but I did not know that at the time. By Mr. Mattingly : Q. Mr. Linville treated the wood, did he not? — A. He laid different kinds of ))avenient. 1 do not know what kind of wood. Q. Your wood was not treated, was it? — A. No, sir; I think that is the reason that it endures as well as it does. By Mr. Bass : Q. How long did Mr. Brown continue in this board of public works after these disclosures were made public by you ? — A. Now, those dis- closures were not terribly public, either ; 1 merely spoke of it. Q. Do you know he went out and another man took his place? — A. I recollect, although I cannot now bring my mind to the time ; but it was some time; it was not immediately afterward. Q. At the next session of Congress; was it the next winter? — A. Yes, sir, probably it was; I do not remember the time. Q. Mr. Brown was removed, or his place was supplied by .Mr. Wil- lard ? — A. Yes, sir; I understood that Mr. Brown had resigned and Mr. Wdlard was appointed. George Follansbee sworn and examined. By the Chairman : Q. Have you had any contracts under the District government or the board of public works ? — A. I have. Q. What contracts have you had? — A. I had First street contract; I had Second street contract; I had E street, F street, Missouri avenue sewer, and a portion of Slash Run sewer, and a portion of the Eighth- street sewer. Q. Had you paving contracts on these various streets f — A. I did. Q. Had you a partner ? — A. Y"es, sir. Q. \Yho was it? — A. He was not known to the board; all the con- tracts were in my name. His name was Horace G. Jacobs. Q. Was he the only partner you had ? — A. Mr. Ingersoll, of New York, was connected with me in that wood-pavement contract. I laid his patent wood pavement. Q. Anybody else ? — A. I took the Eighth-street sewer ; it was awarded to a man by the name of Reynolds. He had not the means to carry it on, and I went in with him on it, and afterward took the whole of it off his hands. Mr. Jacobs has been connecited with all the work I have done under the board, except the one I have named on G street on the Island. Mr. E. C. Gedney is connected with that contract. Mr. Jacobs had nothing to do with it. Q. Was anybody else interested with you in these contracts in any way i — A. No, sii'. Q. No other i)erson had any interest in the profits or avails or pro- ceeds ? — A. Not through me; there may be through some of these other parties. By Mr. Wilson : Q. Who is Mr. Jacobs ? — A. He is a clerk in Mr. Mullett's ofHce in the Treasury. Q. How long has he been a clerk there? — A. He was there previous to going in with me. 2140 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What interest did he have in your coutracts ? — A. He was a full partner. Q. Dill he assist in furnishing tlie money ? — A. The firm raised all the money ; George Follansbee «& Co. raised all the money that was used. Q. The contracts were all in your name 1 — A. All in my name exclu- sively. Q. Did you make an application for the contracts ? — A. We bid on work. All the work was bid on. I was personally acquainted with the governor, and 1 think I got them through his kindness. Q. You got the contracts through the governor. How did it happen that Mr. Jacobs was not known in your contract? — A. Well, they were awarded to me personally, and that was a private arrangement between he and I ; it was known publicly on the street. Q. What was your occupation before you commenced taking these contracts ? — A. I am a carpenter by trade, and carried on the carpenter business here for a number of years previous to this. I was, under Mr. Emery, commissioner of improvements for the Fourth ward. Q. Who is Mr. James Reynolds? — A. He was a watchman in the Treasury. ] was in the Treasury myself as a watchman at one time, and he came to me and appealed to me to furnish him money to go on with this contract. I told him I did not wish it. Q. What contract was it that James Reynolds had ? — A. The Eighth- street sewer. It was a part of this Boundary street or Tiber Creek branch, I believe it is. Q. What was the extent of that contract ? — A. I think it came in the neighborhood of $40,000. Q. You say he is a watchman in the Treasury ? — A. Yes, sir. Q. How long had he been a watchman there? — A. Well, I really do not know, sir. I went as watchman the night of the riots in Baltimore, at the breaking out of the rebellion. 1 went on duty the 20th of April of that year ; he came in there afterward. Q. Has he been a watchman there ever since ? — A. I believe so, sir. Q. How long was it that he had this contract before you took it off his hands ? — A. Do you mean entire ? Q. Yes. — A. I could not tell you, sir. Q. How did you first go in partnership with him ? — A. I went in partnership with him to furnish him means to pay his men, and he did not conduct the work to satisfy me ; the understanding was that it was not to consume my time. Q. Did you have an arrangement with him before he got the con- tract awarded to him "I — A. He said that he had the promise of the con- tract, and, if he got it, would I furnish the means. I told him that I would. Q. Did he do any considerable amount of the work on that contract ? — A. Well, he was in with me, I think, a considerable time. Q. What did you i)ay Mr. Reynolds for his interest in the contract, and in what way did you pay it? — A. I think I gave him a thousand dollars of auditor's certificates. Q. Is that all that he got out of it ? — A. I think it was. Q. Did you construct this sewer? — A. I did, every foot that my con- tract called for. Q. Do you know whether Mr. Jacobs had a partner with him, a silent partner ? — A. He is here in the city ; he can answer that. Q. What do you know about that ? — A. That I cannot say, sir. TESTIMONY OF GEORGE FOLLANSBEE. 2141 Q. Have you any information ou lliat subject? — A. He says not to me. Q. You do not know anythin*:;- about that yourself? — A. No, sir. Q. And tliese are all the partners tliat you have had ? — A. That is all that I remember of. Q. Do you know whether Mr. McKnight had any interest in this con- traet in any way ? — A. Not through me. Q. Did he have through anybody else ? — A. He may have through Mr. Jaeobs. I eannot answer for him. Q. You do not know whether he had through Mr. Jacobs or not ? — A. He had none, according to Mr. Jacobs's statement to me. Mr. Jacobs is here ; you can reach him, if you wish it. Q. Is Mr. Reynolds a man of property or means, that you know of? — A. I y ^Ir. Hamilton : i}. Did 1 understand you to say that it was known to the board of public works that Mr. Jacobs had an interest in the contract ? — A. I do not know that it was kuown to them, sir ; but 1 never concealed it ou the street in talking to any one. « By Governor Shepherd : Q. Do 1 understand you to say that it was known to any member of the board of public works tliat Mr. Jacobs had any interest with you in this matter ? — A. No, sir. Q. Did you not always represent to me that it was your own work ? — A. Yes, sir. Q. That the contracts were awarded to you personally ? — A. Yes, sir. Q. On the basis of your being a good mechanic and business-man ? — A. 1 always so considered it. Q. Now, in regard to Mr. Reynolds, if my memory serves me right, he is a one-legged soldier ? — A. Yes, sir. Q. A good, hard-working fellow, who has, by dint of industry, got together a little money ? — A. 1 think so. (^. Did he not perform one contract for the board, grading a street ? — A. That is my testimony just now. Q. And he commenced this sewer in good faith, did he not ? — A. Yes, sir. Q. And worked on it for a long while ? — A. Yes, sir. Q. And was washed out on one or two occasions? — A. I was in with him then; yes, sir, we had rather a rough time there; the bottom of it is very bad excavating. Q. It is (juicksand, is it not ? — A. Yes, sir; and fuller's-earth. Q. He was not able to go on, and you bought him out anany with Williain IT. 2142 AFFAIRS IN THE DISTRICT OF COLUMBIA. Slater, formerly collector of the District, I have been out of it now two months the 10th of this month. I have dealt in them considerably. Q. What use did you make of the certificates when purchased'? — A. Some that I thought proper, I kept ; others, I sold. Q. Did you in any instance make arrangements with parties to pay their taxes through certificates, and did you so do "? — A. Yes, sir ; Mr. Stutz had a large amount. I had some certificates indorsed, payable in sewer-bonds : the bonds run out before I could get my certificates on them, and 1 used them there as collateral. We deposited the certifi- cates and they hold them, but do not receipt the bills, and when they get those sewer-bonds to redeem those certificates they will receipt the bills and keep the bonds. I have never had a receipted bill for any of the certificates — for nothing but bonds. Mr. Stutz made the arrange- ment with Colonel Magruder himself and Mr. Beall. Q. That is, citizens applying to you to have their taxes paid under the arrangement that you made ? — A. That was the arrangement that Mr. Stutz and Colonel Magruder made not to have them paid. As I told you, they were to be held and no scrip issued against it. Q. There was no effort made to collect the taxes from so many of the persons as this arrangement was made for, as I understand you? — A. No, sir. Q. They received absolutely a receipt for their taxes? — A. No, sir; they never have got it yet. The bills are there yet in Mr. Beall's cus- tody. Q. To what extent did they receive a discount upon the tax-bills Wilder this arrangement? — A. Which, with Mr. Stutzl Q. Through the arrangement that you have made? — A. My discount with him °? Q. Yes, sir. — A. I think it was 65 cents he allowed me for the certi- ficates. Q, Then, what had the certificates cost you, and what was your profit ? — A. I got them dollar for dollar for work done and performed. Q. Did you use any certificates excepting those that had been issued to you yourself? — A. No, sir. Hold on! I may be mistaken. I think 200 of these certificates were not my own. I think thej' were paid to me by a party who owed me ; I would not be positive about that. Q. Then it cost the citizen who made this arrangement with you 05 cents upon the dollar of his indebtedness as taxes to the government ? —A. It did. Q. In other words, you paid 35 per cent, of his taxes ? — A. Yes, sir, John Carusi sworn and examined. By Mr. Wilson : Question. Where do you reside? — Answer. In this city. Q. How long have you resided here? — A. I was born in this city. Q. Are you a contractor? — A. I have done contracting. Q. Did you have a contract under the board of public works ? — A. Not directly, sir; I did not get it from them. Q. From whom did you get it ? What contract, in the first place, was it that you had ? — A. I had a contract for laying sod and cross- walks on Massachusetts avenue. Q. The whole length, of the avenue ? — A. From New Jersey avenue to Seventh street. Q. You say you did not get the contract from the board ? — A. No, sir. TESTIMONY OF ARTHUR SHEPHERD. 214B Q. From whom did you get it ? — A. I got the contract that was let to tlie Thirteenth District Association. I subbed it from the ])resident. He subbed it to me. Q. Who was the president of that association ? — A. George II. Bos- ton. By :\Ir. Mattingly : Q. What association is that ?— A. The Thirteenth District Working- men's Association. By Mr Wilson: Q. What did you pay for that contract ? — A. I allowed him ten cents a yard on the sod, and 5 [)er cent, on the net profits on the brick-work. "Q. Was the contract made directly to you or was it assigned to you by that association l — A. It was made between myself and the presi- dent of the association. Q. Did you enter into a written contract with the board ? — A. No, sir. Q. Did he have a written contract with the board ! — A. 1 suppose he did, sir; I never saw it. Q. Did you have any other contract? — A. I had a small one on C street, froni First street to Xew Jersey avenue. Q. Did you get that contract from the board? — A. Yes, sir. Q. What kind of an association is this t — A. Indeed, 1 have not the slightest idea. By Governor Shepherd : Q. What is it called ? — A. I have said that it was called the Working- men's Association. Q. Did they not do a part of it themselves ? — A. I believe they did, sir. Q. And you did the other for them ? — A. Yes, sir. The Chairman, (to Governor Shei)her(l.) Was this contract, do you remember, let to the association ? Governor Shepherd. I thiidc it was let to the association. They wanted it by day's work, and we told them we would not do that, but would give them a contract. They were colored laborers — very good men. They took the contract and did the work. I did not know that they had sublet it. Arthur Shepherd recalled. By the Chairman : Question. We had some evidence here yesterday that you had some interest in a contract with Mr. Seitz: will you explain to tlu' committee what you know about that ? — A. If the committee will hear me, I will state the circmiistances regarding it. Mr. Seitz had been for a long time a great friend of mine, botli p(»litically ami socially, and in my first campaigu at my advent into i)()litics in the District here, lu', and ."Mr. Kelly had assisted me very materially. Mr. Kelly was the (diairman of my execu- tive committee, and had charge of all the anangemcnts of the cam- paign, and it was in a very closely-conteste*! district. After we had got through, I told the gentlemen that 1 had no way to repay them, except, if it ever lay in my power, I would do them a favor if I could, these two men particularly. Mr. Seitz afterward canie to me ami told me that he thought he coidd get a contract from the board of pid)lic works for i)aving. I asked him under what circumstances. He said he 2144 AP^FAIRS IN THE DISTRICT OF COLUMBIA. would go into partuersliip with some parties ; that he had money ; that his father had money, and he thought he could carry on the contract. I told him to go ahead and do it if he could. The next phase of the mat- ter that I heard of was, that he had put in his application to the board, and that tlie vice-president of the board, my brother, had told him if he could get responsible parties to go with him he would assist him, and probably give him a contract. I asked him what he was going to do. He told me that he had been in correspondence or consultation with a number of diflerent parties, and asked my advice on the subject. I gave it to him as best I could, and he then nsked me if I was acquainted with Mr. John O. Evans. 1 told him I was. He asked me if 1 would go with him and see if he would not allow him to go in with him, or allow him to come in as a partner with him on some street. I told him I would. I introduced him to Mr. Evans, and told him I understood Mr. Seitz expected to get a contract, and asked him under what circumstances he would go in with him. Mr. Evans said he had just as much work as he could do, and that he could not make any ar- rangement with him. Seitz then went ofi". The next time I heard from him was that he had made some arrangement with Mr. Taylor, of Phila- delphia. That is all I knew of it until he told me that he had got a con- tract, and had made his arrangements. I had no connection with it at all myself, except as a friend of his and Mr. Kelly's. I was willing to serve them in any way. Q. You received no part of the profits, then? — A. I did not, sir; most assuredly. Q. In no sense ? — A. In no sense. Q. Neither directly nor indirectly "? — A. Neither directly nor indirectly, to my knowiedge. Gentlemen, my name has been mentioned in con- nection with this matter of Massachusetts avenue. I would like to ex- l^lain that to the committee while I am here, and also a matter in regard to this Thirteenth District Laboring Men's Association, which has just been spoken of. My connection with Mr. Connolly was of this character : I had known him for a very long time, as I have a great many of these men connected with the public works, having been a local newspaper- man here for twelve years. Mr. Connolly came to me and told me that there was an injustice to be done him upon the measurements of Massa- chusetts avenue. He told me that two or three of the engineers of the board had measured it, and finally that Mr. Forsyth had received a letter from the engineer's department signed, I believe, by Mr. Cluss, in which it was stated that the engineer of the board of public works had no data upon which the measurement of Massachusetts avenue could be based, and asked Mr. Forsyth, with his knowledge of the facts in regard to the matter and all grades here in former days, if he would measure it. Mr. Forsyth went and measured it, and his measurement was about whatlVIr. Connolly, the contractor, had thought was proper and right. This is the information that I received from Mr. Connolly. He then said that Mr. Cluss had refused to allow him the amount that had been measured by Mr. Forsyth, and that the board of public works had, as it were, indorsed Mr. Cluss, but had agreed to let it to arbitration ; that Mr. Thompson, a gentlemau connected with the Treasury Department, a sworn measurer in Mullett's office, had been selected as the arbitrator for the board of public works, and he asked me if I would act as an ar- bitrator for him. He came to my office; I told him I would rather not do it. He said that he thought I would be the best one. Knowing him as well as I did, and knowing something of the circumstances of the case, I finally consented to serve. I went up and met Mr. Thompson. We exam- TESTIMONY OF ARTHUR SHEPHERD. 2145 ined some witnesses, and then went out to the work and looked over it. Mr. Thompson, after examining the work, left me, having' agreed witli me tlnit tl»eme;isnrement of Mr. Forsyth was about correct, and asked me that he be allowed to write the report of the arbitration to the board of pub- lic works, saying that there were some points that he wanted to name in it. While he agreed as to the measurement, still, there were some l)oints that he d from Dr. Filbert upon a writt<'n contract between him and the, assocaa- tion, George H. Boston, president, standing as the head of the associa- 13o D c T 2146 AFFAIRS IN THE DISTRICT OF COLUMBIA. tion, and they did the worli. They made some money on it. They re- ceived from Dr. Filbert the amount of their wages as they went ahmg; and at the expiration of the contract, when the work was measured and finished up and {payments made, they divided among the association. I think it consisted of about forty-eight nu^n. They divided some $480, the overplus of the little contract they had. By the Chairman : Q. Do you mean $480 apiece or in all ? — A. No, sir ; in all, over and above tlieir actual wages and the cost of their horses and carts and everything. They made that much money; about $10 apiece. By Mr. Wilson : Q. I will say that your name has not been mentioned in connection with that. I never heard it. — A. The matter came up, but you gentle- men did not seem to understand it, when Mr. Carusi spoke about it. Q. This matter that Mr. Carusi was talking about seems to be a con- tract direct with Boston! — A. The work pleased the superintendent of the board, aiul pleased the board so well, and they saw that they got along so well, that they gave them this contract for parking the lower portion of Massachusetts avenue. A portion of the work was. done between Ninth and Twelfth streets. They had given them this work, and 1 believe that it has been about as well done. By the Chairman. Q. Between Seventh street, northeast, and New Jersey avenue? — A. Yes, sir. Q. That is the work that you are speaking of? — A. No., sir; this is the work that Mr. Carusi did for the Workingmen's Association; but it was almost the same work, because the men of the association worked for Carusi. He paid them, and then the overplus has been divided. By Mr. Wilson. Q. Do we understand yon that there was no contract directly with the association ? — A. No, sir; that is, Boston stands as the president of the society. Q. The contract is directly with Boston ? — A. Yes, sir. I do not know how that was, but I know that Boston made the contract for the associa- tion, and has reported to the association for every dollar that was made. By the Chairman : Q. The avails were divided? — A. Yes, sir; every cent. He took his pro rata just as the other members did. M. F. Kelley, having been duly sworn, testified as follows: By the Chairman : Question. State your business. — Answer. Assistant assessor of the board of public works. Q. Do you know Mr. Seitz?— A. Yes, sir. Q. We have had some testimony in relation to your connection with a contract sold, I believe, by Mr. Seitz to Taylor & Filbert. State to the committee your connection with that contract. — A. I think it was some two years ago, during the first campaign, when Mr. Shepherd was engaged in politics in this town, that I was deputized by him and the republican club of the thirteenth district to take charge of the cam- paign and run it in his interest. Immediately after the close of he campaign Mr. Seitz was talking about some compensation for TESTIMONY OF M. F. KEI-LY 214-7 the labor that he had poifonned, and sn,£;ropriety of se- curing a coiitra(;t. 1 tohl liim so far as I was individually coiicenied, it woukl inipossibU' for nie to ^o into any contract, being an ofd- cer of the board of public works, and it would not be altogether proper for my name to be connected in any position whatever, so far as contracts were concerned. He said that if I would use my influence to a certain extent possibly there might be something com- ing to me out of it. I told him I did not know of any one that I coukl use my influence with, because I felt a certain delicacy in ap[)roaching ]\Ir. Shei)herd, the vice-i)resident of the board, the i)r('sent governor, to ask him to do anything for me; possibly he might think I was doing so for the work that 1 liad preformed for his brother. Seitz at last came to the conclusion that he couhl secure a contract any way, and for several months made it a rule to daily come to my ollice and inform me how he was progressing in the work. He at last suggested the idea, uot having the funds himself to carry on the work, that the contract might be sold. 1 told him that I did not know but what that was a very good i)lan ; that not having the means himself to carry it on, he might get some responsible party to do it for him. He informed me then that there was a man by the name of Jonathan Taylor, of Xew York, who was a capitalist and was desirious of doing work in this city, and asked me to go to the Metropolitan Hotel with him to have an in- terview with him. I proceeded there, much against my own inclination, feeling that I was not doing Avhat was altogether proper at that time, and had an interview with Mr. Taylor. Mr. Taylor asked me how many square yards there were in the street. Being a resident for four or live years, I mentionod possibly 10, 15, or 20,(K)(). I do iu)t remember. I took the width and length of the street. He suggested that if tliera were 3(),()0I) square yar0(). I told him I was not aware how many square yards there were in the street, but if he would go to the engineer's oflice of the board he might get an estimate. I went back to my oflice then, and I think it was two or three days after that Mr. 8eitz canu^- to see nu^. again. He said he had been to see Mr. Taylor, and Mr. Taylor had rather demurred against the amount to be paid. 1 asked him upon what ground, and he said that there was not the necessary amount of square -v^ards in the street to pay that amount of money. " Well," says I, " this is no business of mine. I am merely a(;ting in a friendly way for you.'' "O well," says he, "your services will be paid for in any resi)ect that you elect." " Well," says I, " I don't care anything about the i)ay ; jbut tln-n, if you insist upon this thing, of course, as I have gone so far, I will go all the way through." Tlie next I knew of it was that oiu^ morning he came into my ollice and showed me a letter addressed to Jonathan Taylor, informing Jona- tlian Taylor that lie had received a contract for paving the carriage-way on Tenth street, from F to N street. I asked him where he received that letter. Previous to this, he was telling me all the time that he was to receive a contra<;t himself ; that he had madeapplicaticm. I asked him where he had received this letter of Jonathan Taylor, and he informed me that he had received it from the secretary of the board. I askeMr. MattinCtLY. Mr. 8eitz does not say that Mr. Kelley told hiiu that he paid .Shei)herd ; but he says that 8hei)h'erd himself told him. ^Ir. CiiUiSTY. He says both that Seitz said to him, ami also to Shep- herd subsequently. The CUA1U31AN. I want to ask Mr. Shepherd another question. Arthur Shepherd recalled. Qnestion. Did you eYer tell Mr. Seitz that you had receiv'ed a portiou of that money? — Answer. I positively uever did, sir. ]M. F. Kelly recalled. By Mr. Chklsty: Q. What are your duties as subordinate to Mr. Beall, superintendent of assessments ? — A. To perform whatexer duties he assigns me. (). What duties do yon, in fact, discharge t — A. Keei) books, receipt bills, colle('t money, make out bills, and do all the other necessary work of the olli(;e appertaining to what he would do hinrself. 1 ha 1 po.ver to act when he was absent — had the same i)ower to act as he would do when lie was present. Q. Have you not, in fact, made out the bills and assessments against citizens for their special im[)rovements .' — A. Ves, sir. By the Chairman : (}. A'ou say you are assistant assessor; who is your chief .' — A. (1. ^V. IJeail. (}. The assessor of this District? — A. Xo, sir; assesstu- of the Ixtard of ))ublic works. Q. You are assistant assessor of the board of public works .' — A. Yes, sir. ])y Ml'. Wilson : (^. How l(»ng have y(>n been ther(^ ? — .V. l-'ver since the (>rgani/,atM)n of the board. Xo, the board, I think, organized in -hdy, and my a[)[>oint- 2150 AFFAIRS IN THE DISTRICT OF COLUMBIA. ment was dated tlie 24tli of August, 1S71. I was absent frcym the city at the time, and I did not come back until September, and then found the appointment at my residence; having previously been connected with the old corporation for from two to three years, pretty much iu the same capacity — not exactly as assistant assessor^ but as deputy to for- mer collectors of the city. Q. What are the duties of the assessor of the board of public works ? — A. His present duties are the collection of all special assessments nmde, such as sewerage-taxes and for general improvements upon the streets. Q. The collection ? — A. The collection. The office was created for the purpose of making the assessments ; but the engineers' department hav- ing made the estimates, and being better fitted by their force that they had in their office to make the assessments, it was thought, I sup[)Ose, advisable by the board to allow asssessments to made up there, and have them transmitted to us afterward. Q. Who makes up those assessments ? — A. They are made up in the office of Mr. Forsyth. Q. Who signs them and returns them to you % — A. The vice-president of the board, Mr. Willard. Q. How long has Mr. Forsyth been making out these assessments? — A. Ever since the oi-ganization of the board of public works, I think. Q. Has that been one of his special duties? — A. Tliat I could not say. Q. He has had the entire management of that part of it, has he ? — A. That I cannot answer. Q. Would not the records of your office show ? — A. The records of my office only show the transmittal of the assessments and their entry on our books. Q. They come from him? — A. They come from the vice-president. 1 suppose they come from him to the vice-president. Q. Is not there anything on those assessment-sheets that indicates who makes them ? — A, There is a letter of transmittal, 1 supi^ose, from him. Q. From the vice-president? — A. No, sir; from Mr. Forsyth. He transmits to the vice-president, and then the vice-president, upon passing upon the same, transmits to us for collection. Q. So that while the assessor's office is that of an assessment in name, it is really a collector's othce ? — A. Well, if I understood the title that we were first organized under, it was superintendent of assessments and collections; or at least at that time we were in bureaus when the board first started — a bureau of assessments and collections. The understand- ing was that we were to make the assessments and collections, so far as I know; but there being nobody employed in the office at that time, ex- cept Mr. Beall and myself, and the force not being sufficient to makeup the assessments and collect them at the same time, I suppose, without any knowledge on my own i>art, that the board determined that they should be made out by the parties making the measurements. By Mr. Wilson : Q. How many employes are there in this assessment-office ? — A. Mr. Forsyth's office ? Q. No, your office. — A. At the present time ? Q. Yes, sir. — A. I sui)pose there are eight or ten. Q. Has there been any more than that heretofore? — A. Yes, sir; during the semling out and collection of this general sewerage-tax, I had some forty men or more. TESTIMONY OF M. F. KKLLY. 2151 Q. What is your salary ? — A. Eighteen hmidred (h)nars. Q. Ilow long is it since you have been paid anything on account of your salary I — A. The first of last November; nearly seven mouths ago, Q. ><'early seven months' pay is due you now ? — A. At the end of this month. (}. ILave you hiid certificates issued to you from time to tinui .' — A. Xo, sir. Wliat do you mean — auditor's (tertiticates f Q. Yes, sir; or any kind of evidence of indebtedness? — A. The lirst of NTovember, I believe, we r ceived four months' pay. Q. In what? — A. IMy pay at that time, I believe, due me was 8450. I got s2."50 in sewer-bonds aiul 8-00 in cash. Q. bince that time have you had nothing at all ? — A. Nothing at all, sir. Q. Js that the case with all the emi)loyes in your office ? — A. So far as I know, sir. Not all in my oftice, because some of them have not T)eeu employed as long as that ; but since they have been employed in the office subsequent to that date, to my knowledge, they have received no pay. By Mr. CuRiSTY : Q. Who made up the tabular statement attached to the Governor's Answer for the office of the superintendent of assessments 1 — A. 1 made a portion of it, and Mr. Beall made the other portion ; in fact, Mr. Beall, being the head of the office, it rightfully belongs to him, but, in fact, 1 made a portion of it. It was a part of my duty. Q. I am not criticising that. Did you keep a baidv-account at the time that you received this money ? — A. Do you mean in regard to certificates ? Q. I want to know whether you had any money on de[)0sit at the time you received that two-thirds of the sum paid under this arrange- ment upon the sale of that contract ? — A. Bank account ? (}. Yes, sir. Had you any bank account? — A. Yes, sir. I think the baid^ burst since that. Q. ^\'llat bank was that ? — A. The Bank of Washington, or, not the Bank of ^Vashington, the Washington City Savings Bank. Q. Then, you received, under this arrangement, §1,300.33 ? — A. Yes, sir; two-thirds of 82,000. Q. What disi)osition did you make of that? AVhat did you do with it ? — A. 1 do not know as 1 shall answer that question. Q. I insist upon your answer, and hand you over to the comnuttee. — A. I think the money was my own, and I had the right to dis[)ose of it as I ])leased. Mr. Black, (To ^Nlr. Christy.) Aie you in earnest? ]\Ir. ('iiuisTY. Judge Black imjuires of me if 1 am in earnest. I cer- tainly am. By the CiiAiiiMAN: (}. Did you make a (le])Osit ol" that money ? — A. A i)ortion of it. (}. J)o you remember wiiat portion ? — A. No, sir; i do not. Q. Did you keep a bank-book at the time? — A. That I would not be certain of; 1 think 1 did, sir. '- (). Ai'e you certain you only (lepositecl a portion of it ? — A. I am ccr- t;iin I oidy deposited a jxtrtion of it, because we had Just got through the campaign, and money was continually passing thr«)Ugh my h;imls from Mr. Sln'iiherd and other sources to carry . To get this matter of date right; yon were api)ointed a nuMnber of the board on the 'l'M\ of October, 1872, I see from yonr testimony .' — A. It may have been the 22d, bnt I think the 2od. Q. On the 2()th of December of the same year yon were apiminted engineer of the board ? — A. No, sir; I was then requested to take charge of th(^ engineer department. Q. Yon were the engineering member of the board ; bnt on that date you were requested to take charge of the engineer dei)artment of the board? — A. Yes, sir; I was re(pu\sted to take certain duties. An ai)- pointment, you know, would not l)e proper. I am their e(pial, so they can ask me to attend to certain duties, but they (lannot api)oint me. Q. You were not appointed, tlien, engineer of the board : — A. 1 was designated to perform these duties asenoineer in charge. Q. On the 2()th December, 1872 ?— A. Yes, sir. Q. In your testimony on i)age 20.j0 of the record you say, in auswer to a question put to you : Well, the orj^anization of the board is such as to seriously impede the operations of the yery best enjjincers that could be on hand. I found this state of things when I came here. I haye done with rirmn(!ss and courtesy the best to remedy wliat seemed to me a lack of system : bnt I do not think I haye i)een yery succi;ssful in my etViirts. The yice-president takes tlie assistant out of the engineer's otlice and giyes him priyate instructions to take up work, and pass bills without the engineer knowing of it. i^. Is that the ordy reason you have for making that statement l — A. No, sii-; I have a good many other reiisons. My opinion is that tlie board of i)ublic works have so \\\y murdered the reputation of able eu- gineers as much as iJliie licaid did his wives. [Laughter.] (^). The stoiy of Bine licind mnrdering his wives is only a malrer of fiction, and do you mean to say that the reputation of the able and com- ]»eteut engineers that you speak of was murdered in the same way '.' — A. I have no answer to give to that. il. On this sanu^ P^'ge of the record, secoiul page of your testiuuiny, in referring to the matter of (jovernment measurements, you say : Again, the GoyernnuMit measurements, wliicli I thiid<, according (o the reading of the law, are cerlaiMly under tln^ enginei'r in charg(^ of the. board of public works, ami to be controlh'd by him, and remeasnred by the engineer in charge of puldic buildings and gi'ounds, were done witlnnit my knowing :i word of them. So all those errors, I wish to say, I am not icsponsildc for, nor the department under m> cdiargc They were not doni^ under yonr siiiiervision :' — A, No, sir, (^. llave any of those nuitters been subjected to yonr ins[)ectiou or supervision alter they were done l — A. Wliich matters ? 2154 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Those matters iu regard to Govermneut measureiiients, &c. ? — A. The first I saw of tbein was iu the priuted statemeut — in the Governor's Answer. Q. Is that correct? — A. No, sir; I wish to correct a couple of errors that appear in the priuted testimony. Q. Do yon mean to say that you did uot say that, or that it is a mis- take of the reporter? — A. Well, it was an error into which I fell iu those many statements I had to n^ake i)i a few hours. Q. You fell into a good many errors ? — A. No, sir ; there is only oue of them ; the others I have got here iu black aud white. ]Mr. Christy. He has the right, of course, to correct. The Witness. I ought to answer, of course, that this was priuted in the former report, but I mean to convey the idea that the Governor's Answer only gave the key to unlock the mysteries of those former reports. Those reports were terra incognita without the facts given in the Governor's Answer ; and so as not to fall into an error, I might be allowed, perhaps — I n)ade one statement, namely, that a contract for 75,000 square yards of wood pavement was given in blank to the successors of De Golyer & McCMellaud. I ought to have said to the best of my knowledge that it was given to the trustee of Austin P. Brown, Z. Jones beiug the trustee. That is the same matter already referred to before. — A. I am not through yet. In this item I think I have uot been correctly recorded. I said that by the stroke of the pen of the vice-president a million dollars' worth of contracts had been given out or awarded in his private office for main sewers. I said these main sewers were awarded to Carrohau & Co., Grautz & Appleman, Samuel Strong, Gregg & Co., William H. Adams. I certainly said, at the same time, Bartlett & Williams. If the latter name was not included, the million would seem to be extravagant — an exaggeration. The Chairman. If you will allow me to say a word there, I think you did not mention by name Bartlett & Williams. I meution that iu justice to the reporter who was here at the time. Senator Stewart. I think you did not. The "Witness. I might have been mistaken in it. The Chairman. You mentioning a great number of names, it is very natural you may have omitted oue of them. The Witness. This is, I think, all. By the Chairman : Q. These are all the corrections you desire to make ? — A. Y"es, sir. Q. You signed, Mr. Cluss, the report of the board for 1873, did you not ? — A. Well, sir, I have told the governor that, as a courtesy to him, I signed his report when it was presented to me. I signed it as a matter of courtesy, without looking close into it. Not as closely as I ought to Lave done, and I told the governor also when the Governor's Answer was printed, and he laid certain statements as Governmeut claims be- fore me, I refused to sign them, because in this very report of 1873, care- less figures were laid before me. 1 was good enough to sign them with- out closely looking over them. This report in the Governor's Answer, therefore, came before this committee without my signature. It is a claim for about two and a quarter millions for main sewerage, &c. To the best of my recollection, this paper was iu the handwriting of either Mr. Forsyth or Mr. Oertly. I refused to sign it. It is here without my signature. Q. J>id you sign this report of 1873 ? — A. I do not know even for sure that 1 signed it. The reports of the board of public works are not such as I have been accustomed to before I was a member of the board. TESTIMONY OF ADOLF CLUSS. 21i'>D Q. You liave seen tlio report i)nri)ortin.ii to have your name appcMided there? — A. 1 have seen many reports where my name was achled with- out my consent and without my knowledj;e. Q. Wliat rei)orts of tlie board have you ever seen, where your name api»eared when you had in)t sigueil ? — A. Pai)ers in the Governor's Answer — documents in the Governor's Answer — presented to this houor- aWe committee. Q. Wliat jiapers ? Tile Witness. Will you give me the Governor's Answer ? [A (;o[)y of the Governor's Answer was lianded to witness.] A. If you will turn to page 338 you will lind there are some papers there that I never saw. I never saw these papers before they w^ere l^rinted, to the best of m}' recollection. l>y Governor Siiepiiekd: Q. Do you say you did not sign that? — A. To the best of my recol- lection, I did not. Q. 8wear one way or the other; did you sign it, or did you not? I vrant a direct answer. ^V'hen you make charges of forgery, we have a right to demand that you shall answer the (juestion yes, or no. By yir. MATTiNaLY: Q. Did yon sign it or not? — A. To the best of my recollection, I did not sign it. I desire the papers to be presented here. Q. You stated not a moment ago that there are papers in the Gov- ernor's Answer ])urporting to be signed by you wliich you had not signed? — A. Yes, sir, 1 did. Q. Now, is there any doubt in your mind as to whether you did sign that paper or not? — A. I will tell you in one minute. I am almost posi- tive, you know, that this other paper on page 337 was not presented to me. That is the second. i). Hold on a minute ; let us see what that is. You are almost certain you did not sign that? — A. I am ])retty certain that I did not sign that signature on t)age 331. I demaiul the i)ai)ers to be brought here. ]\Ir. Mattingly. We will ha\'e them here. The AViTNESS. There seeius to be another paper which I did not sign then, Q. "What is that ; let us know ? — A. It is is some estimates, you know. Q. Estimates for what ? — A. Contracts, of course. I did not come here prepared, you know. Q. When you make statements as to forgeries, ]Mr. Glass, you ought to conie prepared to substantiate them. — A. I am prepared to substan- tiate thenj. (}. You say jou did not sign them ? — A. Yes, sir, i^. You state tliat under oatli '. — A. Yes, sir; I state it under oath ; and esjx'cially this thing, you know, this ])aper — I cannot tind it Just now. It relates to contracts. I signed similar i)a[)ers in the report of 1873; bnt these papers, I did not sign a single one of them, to the best of my knowledge and belief. (). IIow is tliat ; you say you signed similar papers in the report of 1S73, but did not sign these ? — A. 1 signed some statements, you know — a list of contracts and the like, bnt this is an enlarged list. Tiiis en- larged list 1 have, to the best of my recollection and belief, first seen in print here in the Governor's Answer. (^. Those iii the (rovernor's Answer you had not signed ? — A. No, sir. Q. Those in the rei)ort of 1873 you (lid sign t — A. I'es, sir ; and I took 2156 AFFAIRS IN THE DISTRICT OF COLUMBIA. good care how I signed them. This list of contracts was brought to me one idternoon to sign. I said to Mr. Nott, contract clerk, " For God's sake, how can I sign all these papers?" At last I took a whole night to look over them, and the next day I put my signature to it. He signed, " Nott, 31 Oct.," and I put under it, "Adolf Cluss, Nov. 1st," showing thereby I had oidy one night to examiue the whole concern, and that 1 did the best I could. Q. Was that the date you signed them ? — A. Yes, sir; I think so. Q. x\\\d the reason you put tiie date there was to show you had only one night to look over them f — A. Yes, sir. Q. Gould anybody tell, on looking at that date, that you had only one night to examiiie the papers you had signed ? — A. Yes, sir. Q. How could they ? — A. I will show it to you. Here it is, page 118, report of 1873 : Office of Contracts and Supplies, Board of Pnhlic Works, October 'SI, 1873. WM. E. NOTT, Contract Clerk. I liave esamiued the above list as to completeness and figures, aud certify to the same. ADOLF CLUSS, Chief Engineer. Washington, Kovemher 1, 1873. Q. Now you say there, Mr. Cluss ; I have examined the ahove list as to completeness aud figures, and certify to the same. A. Yes, sir. i}. Do you mean to say that the board of public works was not justitled in putting credence in any report signed by you iu that man- ner, aiul assuming it to be correct f — A. These papers were prepared under the special orders of the governor, and were presented to me, and instead of signing those things like a dead-head, I took one night carefully to look over them. Q. Was there any objection to your looking over them ? — A. Ou •November 1st the governor said the report must go in, aud iu order not to have a fuss or a tight I sacrificed one night. Q. The law requires a report to be put in the 1st of November of every year? — A. Therefore, it was very wrong, as the contract-clerk, as shown here, iiresented me with these papers only ou October 31. Q. But the law requires that that report shall be made every year, ou the 1st of November, does it uot ? — A. It may be so. I cannot state so under oath. I suppose it is so. Q. You are very particular al)out what you state under oath ? — A. Yes, sir ; of course. Mr. Mattingly. That is right. But you did examine these vouchers to justify you, at the time, in putting the certificates that you did, and signing them ? — A. Yes, sir; I did the best I could. I corrected a great many errors in that one night. I wish to say further, that ou the first idea of signing my name 1 did not call it forgery, but if Mr. Mattiugly calls it so 1 take it as such. Q. You say your name has been forged ? — A. If my name is not iu there. Q. ^Suppose your name is there, then do you call it perjury on your part? — A. 1 am ready for that. Q. Now, Mr. Cluss, referring to these Government measurements of which you deny all knowledge and all responsibility, this question was put to you : TESTIMONY OF ADOLF CLUSS. 2157 Q. I will call your attention now, iu tliat connection, to some matters which niiy have attracted your attention. For exaiui)le, there was an account wliicii seems to have been made'out, which was made tiie basis of an appropriation of Sl,2 lO.ODi) and upward. Did you have auythinj;- to do witli that?— A. No, sir, I wish to say, how- ever, tluit this is one of those cases where an assistant— responsible to me — was taken away from my supervision, and lie, under the direct order of the vice-presidout, then made these charges. I am not responsible for an iota of the whole. 13o you meuii to say that statement is true ? — A. I mean tliis state- ment is substantially tiiie; I bone, also, verbally. It is so lonj>', and in the careless way in which the work of the board of public works is (lone, that it mioht possibly have been laid before me for sionature. I was theu only a few days a member of the board. I was appointed ou October 23, aiul on November 1, only seven days thereafter, this report had to be signed; and 1 did in this seven days the best 1 could. Q. You state here that an assistant, resi»onsible to you — see that I do uot misstate you — you state here, under oath, that an assistant, respon- sible to you, was taken out of your oiUce, under the orders of the vice- president, and directed to do this work. Now, Mr. Cluss, don't you know that at the time this statement was made out you were not a nu'mber of the board of public works? — A. 1 was a member of the board of i)ablic works Avhen the report of 1872 was in, and, in justice to my position, the papers ought to have been submitted to me. Q. But wheu the assistant engineer in your office was directed to make that statement were you a member of the board of public ■works, and had you anything to do with him I Do you know when that statement was made out ? — A. ^Ir. Oertly since has told me that he had been at work upon it as early as from September. Q. Made it out in September? — A. No, sir ; from September — com- menced iu September. Q. Were you a nuMuber of the board of public works at that time ? — A. Not in September; but 1 wish to qualify what I said here. 1 thought, you know, when Judge Wilson asked those (luestions, that he had refer- ence to everything that related to the payments obtained from the Government of about three and a half millions, and I may have been here — I may have beeu misled in the wording of it. I thought tliis had reference to all these appropriations wheu I was a member of the board. Q. Didn't you, wheu I read it over to you just now, repeat that it was substantially true, and you hoped verbally ? — A. Well, I have to qualify that in so far as that this interfered with the organization of the engineer department, and 1 had reference to all the work under which the money from the [)ublic treasury was obtaiued. This might have been an luiintentional error. By the Chairman: Q. 1 want to ask it question right here. Do you meau what you stated here yesterday is a mistake, and that yon wish to correct it now? — A. ]\Ir. Chairman, I nu*an to say that when these <]uestions were propounded to me I certainly thought that all of them referred to those statements in the report of IST.'J, and not of 1H72. Q. Then you were luistakcn wholly in this answer of yesterday? — A. 1 sui»i)o.se 1 was mistaken when the very (j[ue.stion was propounded. By :\Ir. Mattingly: Q. I understand you imw, then, to state that that statement is not substantially true ;ul(liii'i:s aul nioumls sliall measure over; but I consider under oath the oHice wliich 1 had taken after I liad had the honor of an appointment from tlie Presiih'at of the United States, unsolicited by me— I thought that, in his obtaining:? of the public funds, there was to be a joint responsibility between the Commissioner of Public i>uildin<>s and (Irounds and the board of public works of the J)istrict of Columbia, who are United States officers as well as the others. Q. Then, in your opinion, Mr. Cluss, the Treasury Department was wronji- in makinj;' those payments on the certificates of General Babcoclc without your consent ? Is that it? Are we to understand that .' The Witness. Have you got the law here ? Q. I thought I had it here. You are talking about your understand- ing of the law. That is a ])lain question. You can answer it. I ask you whether it is your idea that the Treasury Dej^artnient was wrong in making those payments on the certificates of General Babcock, the United States engineer' — xV. It is not for me to say that the Treasury Department was wrong, but I believe that the thing has not been done in that careful way in which the law Avas designed. The law says for sure, in one appropriation, that the Secretary of the Interior was to ask for tliis money, and I have, as far as the Governor's Answer is concerned — I have never seen the Secretary of the Interior doit, or have anything at all to do with it. So, I say in this regard a little irregularity has been connnitted. Mr. Wilson. Here is the law referred to, right at the bottom of the page. (17 Stat. atLai-ge, p. 405.) [The act is as follows :] To enable the Secretary of tlie Interior to pay the expenditures made of the board of public works of tiie District of Columbia for paving roadways and curbinj^-, and pavinji' sidewalks, grading, sewerage, and other improvements n])ou and adjoining pro- perty of the United States in the District of Columbia, .$l,24L9'2().yO, or so nuu-h there- of as may be necessary: Provided, That all payments under this appropriation shall be made only upon tiie vouchers provided by the olticer in charge of public buildings and grounds of the District of Columbia, after full examinarion and uK^asuiement of the above improvements, and the approval of the prices claimed therelbr: Provided, That the said board of public works be, and they are hereby, prohibited from incurring or contracting further liabilities on belialf of the Uuitud States in the impr.)venieut of streets, avenues, and reservations bi;yond the amount of the ajipropriatious previ- ously made by Congress, and from entering into any contract touching such improve- ments on belialf of the United States except in pursuance of appropriations made by Congress. Q. Now you have read the entire law through? — A. As far as I im- plie. Von have read the law through. Do you find anything in that law recpiiring iiayment to be made on vouchers approved l)y yon (U* l)y the engineer of the board of pul)lic works.' — A. 1 think the law reads that way. The vouchers are to be approved, of course, and a voucher must be made, of course, before it can l)e approved. (,). Who has to make it? — A. Of course the board of public works. This is clear. (^>. That is your opinion of it ? — A. It is a question of law. 1 do not want to go any further about it. I am an engineer, not a lawyer. (^). That is your construetion of that law, is it ' — A. Yes, sir. <»). That these vouchers ought to hav<* been appro\'ed by you, and that General Ualicoek's approval alone was not sulHcient I — A. No, sir; not S-illicient in my oi»inion ; there ouglit to have been a Joint ap[>roval. 2160 AFFAIES IN THE DISTEICT OF COLUMBIA. Q. To return. Your statement yesterday was that tlie statement or account on \vl}i(;li tliat ai)j)ropriation was based was made by a dei)uty in your office, for whose acts you were responsible, selected by Governor Sliei)l!erd, without your knowk^dge or consent, and made out by him ; is that true or not *? — A, Mr. Mattingly Mr. Mattingly. Just answer the (juestion, yes or no. — A. I have not fully understood you ; please repeat it. Q. You stated liere day before yesterday that there was an account uuide out, which was made the basis of an appropriation of $1,240,000 and upward, by one of your assistants, responsible to you, taken from your own supervision, and under the direct orders of tlie vice-presi- dent. Is that statement true ? — A. I have repeated already my under- standing of this. I misumlerstood the question. Q. As an answer to the question printed there it is untrue "? — A. Well, as an answer — I mean to answer the question that the money was obtained from the Treasury and no estimate made. I am glad to make this correction. It was an unintentional error. Q. Do you mean to state here that money on the Treasury was paid on that statement of account made by a subordinate in your office ? Do you mean to make that statement? — [No response.] Q. That money was drawn out of the Treasury ? — A. Yes, sir. Q. You say, in your answer, you understood when yQU were nmking that answer it applied to when the monej^ was paid or the manner in which the money was paid? — A. I mean to say I do not know anything of it, but that, as the responsible officer, I ought to have- known of it. This is my answer. Q. You feel sore on the subject, I know, in regard to this matter, xis I understand it, your version is simply this: that you think these meas- urements on which the Government paid this money ouglit to have been made by you. Is that it? — A. I am not sore u])on the subject, but I do not shirk responsibility, notwithstanding I have plenty on hand to do without it. Q. Do I understand you to say that, in your opinion, the measurements on which this money was paid by the United States Treasury should have been made by you ? — A. Under the direction of the engineer of the board and the official head of the office. Q. Y^ou were that head ? — A. Yes, sir ; to be reported to the board of public works to modify or adopt the report. It ought to have gone to Mr. Samo to be remeasured. Q. Then your reasons for making this statement denying all knowl- edge of Government n)easurements and your responsibility for them, and ascertaining that they had been made by engineers, your subordi- nates, detailed, without your knowledge and consent, by the governor, was this: that, in your opinion, these measurements ought to have been made by you, or made iinder your immediate directions, before the money was obtained from the Treasury of the United States. Is that so ? — A. Under my immediate direction; that is the point. I do not mean to say under my immediate direction; under my direction. Q. Now, in point of fact, at the time these statements were prepared, or when they were ordered to be i)repared, were you a member of the board of public works? — A. When these statements Q. Answer yes or no, will you, please? — A. You put me at ouce to perjury, Q. No, sir; I do not do anything of the sort. It is a plain question. I ask you when this statement A. Which statement? Q. Your own statements on which that appropriation of $1,241,000 TESTIMONY OF^. ADOLF CLUSS. . 2161 was based. Wlieu tlu^sc stateiiKuits were ordered to be made out by the vice president of the board, iNIr. Shepherd, when he detailed a clerk in the enuineer's olVute for that jjurpose, were you a member of the board of imblie works .^ That is a simple (piestiou. — A. I was a mem- ber of the board of publie works when this report went in otlicially to Conj^ress. Q. Tliat is not the (piestiou, Mv. Cluss. The question is this: when one of the deputy en-;ineers in the engineer's office was detailed by Mr. Shepherd, the vice-president of the board of public works, to make this statement upon which that appropriation was based, were you a uumu- ber of the board of pubbc works .' — A. I have stated this before twice. Q. 1 have not got to any answer yet. I have been trying to get one for a long time. Yes or no — were you a member of the board of public works or not ? — A. I must look at the dates. Q. There is the report of 1872. — A. I wanted to have the date wheu this ai»i)ropriation bears the ofhcial signature. The CiiAiKMAX. jNIr. ]Mattingly, 1 am not so clear that ]\Ir. Cluss un- derstands your question now. Mr. AIattingly. That is the reason I asked him whether he under- stood it or not. Tiie CiiAiiiMAN. You have reference, as I understand you, to this : A statement was made out under the order of somebody, which was car- ried to (Jongressaud presented to a committee of Congress as a basis for an ai)propi'iation. ]Mr. Mattingly. Yes, sir. TiieCuAiRMAN. iSTow you want to know whether he was a member of the board of public works at the time when that statement was pre- pared. Mr. Matting-ly. Y"es, sir ; that is my question. The CiixViRMAN. I doubt whether Mr. Cluss understands that question. The Witness. I understand that question now. Tiie CiiAiiiMAN. It does not relate to appropriations or expenditures of ai)proi)riations, but to estinuites as a basis for which these appro[)ri- ations were made. The Wi'JNESS. I have the estimate here. There can be no doubt about it ; but, however, as this estimate is appended to a partial report, dated Novend)er 1, 1872, so 1 have a righ't to say I was a member of the board when this was laid before Congress. The Chairman. No, sir; that is not the question at all. Mr. ]\Iattingly. That is not my question. The Witness. What is it, then ? By Mr. Mattingly : (}. My question is this: when the deputy engineer was detailed by the vice-i)resident of the board of public woiks to prei)are that state- ment which that appropriation was asked for, were you a mend)er of the board of public works .' — A 1 am not i)ositive about that. Q. You are not positive about that ? — A. Xosir; because 1 am only positive I was never asked about it. (}. You went there in October, did you not .' — A. Yt's, sir; on tiu'i'.id of October. Q. That is the report of Novend)er, 1S72 ? — A. Y'es, sir. (^. You find it there, do you not? — A. Yes, sir, Q. Yon were ap[)ointed engineer of the board, or requested to assume the duties of the engineer of the board, on the 2Gth day of December, 130 D C T 2162 AFFAIRS IN THE DISTEICT OF COLUMBIA. 1872, were yon not? — A. I was tbe engineer member of the board from October 2.'> ; and I was member of tlie board of public works. Q. I understand that : but .you had not charge of the engineer depart- ment of the board until the 26th of December ? — A. That is correct. Q. Now that report was made November 1 ? — A. Yes, sir. Q, When you went into the board in October, do you know whether Mr. Oertly was not engaged at that time iu the preparation of this statement? — A. I Fm not positive about that. Q. It was concluded in November, was it not? — A. Yes, sir. Q. It had already been defined by that time? — A. Most likely. On the 30th of October, to the best of my recollection, that one night while at Governor Shepherd's private house, he invited me to come and hear the writing out of his report. Q. By the first of November, anyhow, that statement was all com- pleted, was it not? — A. The first of November, 1872. Q. Now, it was not until the latter part of December you assumed charge of the engineer's ofiflce? — A. Yes, sir. Q. How could a subordinate of yours, as an engineer of the board of public works, responsible to you, be detailed by the vice-president of the board to make out this statement on which this appropriation was based, when, in point of fact, at that time you had nothing to do with the engineer department of the board more than any other member of the board ? — A. I have already said tliat I misunderstood the question ; in my statement yesterday I referred to the money drawn out, and I Lave formally retracted, as far as this point was concerned. Q. That is all the answer you desire to make to that? — A. Yes, sir. Q. Now, Mr. Cluss, I understand you to say that you mistook the question, and your answer applied to the statement on which the money was obtained. — A. That is it. Q. Was that money obtained on any statements made out — money obtained from the Treasury Department ? Now, understand my question, please. Was that money obtained from the Treasury Department on any statement of account made out by any of the deputies iu your ofitice, detailed by the vice-president of the board of public works? — A. All of these measurements were made by subordinates of my oflice without my knowledge, but about the details, how it was done, I am not i)osted. 'Q. Now, that is a very plain question, and it seems to me you ought to answer it in a plain Way. You made a broad, sweeping assertion here day before yesterday, which you have now to admit, in terms, is untrue. Mr. Hamilton. I do not think it is hardly fair for you to repeat that thing over to the witness. You have got an answer several times from him to tbe effect that it was under a misapprehension of the question that he gave the answer that he did. He did not admit its untruth, but he explains how it was that answer was given. He says the answer was given to a question, as he understood it, in a different shape. It is hardly fair, therefore, to state in your question that he admits his answer to be untrue. Mr. Mattingly. I do not mean to be misunderstood as putting Mr. Cluss into the i)osition of admitting that it was Avillfully untrue. I understood him to say that he misapprehended the question. Mr. Hamilton. That is what he stated. You ought to deal fiiirly by the witness. Governor Shepherd. Mr. Hamilton, I think I have a right to be fairly dealt by also. This man comes here and makes a statement by TESTIMONY OP ADOLF CLUSS. 2163 ■which ho seeks to asperse my cliaracter as a public officer. Now, we Avaiit to show Irom the record that that is untrue. Mr. Hamilton, ('ertaiuly, you may do that; bat do it iu a fair way. Governor SSiiepiierd. Certainly. By Mv. Mattingly : Q. I understand Mr. Class to say this: that iu the statement which ho made iu answer to that question, he misunderstood the (question ; that his answer a])i>Iicd to the statement on which the money was obtained from the Treasury Department. Is that so? — A. Yes, sir. Q. That is your explanatiou ? — A. Yes, sir. Q. Now, that is so? — A. Yes, sir. Q, Theu I ask you this question : Assuming that to be true, do you mean to say that that mouey was obtained from the Treasury Depart- ment on statements made out by one of the deputies of your office, for whom you were responsible, detailed by the vice-president of the board, without your knowled<^e or consent; do you mean to say that ? [Witness pausiufj.] Mr. Harrington. Insist upon an answer. Q. Do you understand the question ? If you do, please answer. — A. I am thinkini;- how to answer. I am correct iu tlie spirit, but I do not like to be caught in the wording. Q. It is simply a matter of fact, Mr. Cluss. — A. My sweei)ing asser- tion was, that all the>se Government measurements were made witbout the least knowledge on my i)art ; that only one day I was called upou to sign an appropriation — sign the statement, you know, on which •<1,()()0,000 was obtained. This is all; the whole that I know iu this matter. If at one time a signature of mine has been obtained to any paper, it has been a mere clerical matter. I have never seen any paper — I am positive about that — iu detail, ex(;ept that day when I was asked to sign the appropriation for that million. Q. Now, Mr. Chiss, cau you tell me what you did mean, or to what you understood tiiat question to apply, which you answered, and which I have repeated half a dozen times !? I cannot com[>rehend your an- swer. — A. I answer it again, that all these GovernnuMit nu^asurements have been made by em[)loyes of my oflice, without my knowledge or con- sent. To the best of my knowledge, it was done by the vice-president, because when I asked where those folks were, I was told they were off under the orders of the vice-president. Tiiat covers the whole case. Q. You state now all of these appropriations, aud measurements for all of these approi)riations? — A. Yes, sir. Q, Do you mean to be understood tiiat your language should ap])ly to those nuiasureiruMits before you were a member of tiie board, and be- fore you assunu'd charge of the 18 95 Eleventh street (southeast) sewer 11, 448 47 Third street (southeast) sewer .- 16, 733 50 Seventh street (northeast) sewer 42, 139 85 Gallaher's contract 349, 000 00 James Creek sea-wall 67,000 00 Total. 1,056,565 67 Statement of amounts required for the completion of work on Grovcrnment reservations and hnildings. For completion of steps and flagging in front of Patent and Post Offices.. $35,000 00 On B street north ". 37,000 00 Ou B street south 6,000 00 Total 78,000 00 Statement of amounts required for the completion of streets, pavements, (jrading, parking, .J-c, under contract. First division, in Georgetown |40, 187 00 Second and third divisions, in northwestern section of city 25, 920 00 Fourth division, from Ninth to Fifteenth street west 25,145 40 Fifth division, from First to Ninth streets west 225, 393 54 Sixth division, in northeastern section 16, 846 60 Seveuth division, in eastern section 159,581 83 Eighth division, on Island 128,064 75 Total 621,139 12 RECAPITULATION. Amount required for completion of sewers $1, 056, 565 67 Amount required for completion of Government work 78, 000 00 Amount required for completion of streets 621, 139 12 Total 1,755,704 79 Less amount of material on hand 119, 667 25 1,636,057 54 ADOLF CLUSS, Engineer in Charge. October 31, 1873. TESTIMONY OP ADOLF CLUSS. 21G5 A. TliMt is not this report. When I refused the jiovernor to si<;ii his paper again, 1 stated distinctly that I had been niade to sign this p;i])er, and the first line ot it was a mistake of Oertly's, and this was tlie rea- son that 1 did not sign the second i)ai)er. Q. So you would not sign the second paper ? — A. It was presented to nie again in some way. Q. What is the first line? — A. It is " Statement of amount required for the e<)m])letion of main sewers under contract. F. Findley's con- tract — 8'')(j,0S1.9()," Tliis contract, so far as the main sewerage is con- cerned, is about twelve thousand dollars, and j\Ir. Oertly, under orders of the governor, made me sign a false statement here — the main sewer. Mr. Wilson. What does it cost ?— A. About $12,(K)(). It is not set- tled yet. I hai)pened to have it on hand this morning. Jt is about .^Kt.OOO, ^Iv. Finley s-iys it was made ground, aiul he could not i)Ossibly do it for that i)rice. The contract was given without the price being inserted. By ]\Ir. Mattingly : Q. State whether that is your signature, [handing witness a i^aper. | — A. I think that is my signature. (»). There is a letter acUlressed by you, dated November L'l, 1S7.'>, to the vice-president of the board of public works; I wish you would read it. [Witness read as follows:] BoAiiD or PuuLic WoKKs, District of Columbia. Ol'KIOK OV CniKF EX(;iNKEH, IFafihiiit/ioii, Novcmbtr 21, 187.'?. Hon. H. A. WiLi.AKi), / "iCc-Prcaidcn t, 8fc.: Sii;: III accordance with your coininniiicatioii of the I'Mh instant, I liorewitli trans- mit copies of vouchers and estimates of work done on avenues and streets iu front of (jJovernnuMit property, and on wiiich no or only partial measurements and payments have lieretofore Ijeen made hy the Government. The copies of vouchers iu tiijs ofhce 1 have all certitied to. as requcrted by you. The balance due on last uieasurcMuent, as well as the balance due, as per assessment, on work formerly settled for, have been comi)ilcd from tiie records of the auditor'.'? oliico by Deputy Engineer Oertly, who is fully conversant with all the details of thetrtins- actious from the beginniug: Tlie following is a c Nesv Ilanipsliirc avenue. IG, 574 20 lJ(,'la ware avenue 4, 40.') OS Yeiuiont avenue 28,7;';') 00 Khode Island avenue 51, 420 2:? New .b-rsey a\ en ue Oti, ;')liO 2'A ]{ street south, Sixth to Fourteenth street west H, 2(1:? 70 Seventh street, E to G street, northwest 4;"), .570 55 F street, Fittli to Ninth street, northwest :54, l.5() 1 5 Bahmce due on — Massachusetts avenue, New Jersey avenue to boumbiry. northwest, as per assessment 43, 1S4 ;"0 Sixth street west, H north to I! south.. 5,000 ()(t Circle ill Tiiirteeuth anpropriations from the Treasury, were of no account ? — A. 1 speak of those upon which money was a(;tually obtained — of three and a half millions. Whether this was ever obtained I do not know, because it has never been reported how this money was obtained. Another aj)propri- atiou of a million and a (piarter was betore this obtained without the signature of the board, and all subsecpUMit ai)propriations agaiu were obtained without the signature of the board. This is the only paper of any consequence. i). Don't you think now that you did have some knowledge of these Government measurements, or had the means of ascertaining some- thing about them '. — A. No, sir. Q. You do not think so now, having seen your signature to all this mass of testimony f — A. You have not shown me my signature to any one of the measurements in a single one from tiie tirst to the last. I have ex[)lained to you that this matter — this volume of papers Mr. Mattingly. Your signature was not signed to the measure- ments, that is the reason. The (xoverninent would not have paid the moiu'y if your signature had been there. General Babcock's signature was the only one necessary to the measurements. The Witness. I have shown you, in my opinion, that the Secretary of tlie Interior .^Ir. ^lATTiNGLY. Unfortunately, your opinion would not have any weight in that case. The OiiAiKMAN. That is a matter of argument. I would not spend much time about that. By Mr. Mattingly: (}. Now, Mr. Oluss, your complaint of the workings of your office, on Avhich you .seem to lay consideral)le stress, was based upon the fact that ]\rr. Ocrtly had been detailed to do some work without your being con- sulted? — A. I said that is one of the many cases. Q. This is the case you referred to in your testimony day before yes- terday ? The Witness. Will you allow me to detail another one? Mr. Mattingly. O, yes. The Witness. As one of the many cases you know, I have told you liere in W;\shington, to the best of my knowledge, you know the machi- nery of the whole working is gotten from Mr. William Tweed, in New York — the way in which tlie work is done. Now, a corresjKnidencc had been springing up between what 1 call the superintendent of property and a clerk under my charge. I tried to stoi* this. I wrote to Air. E. B. Townseud, the superintendent of property, as follows: KoAiuj or I'liiLic WoHKs, Disiitu T oi' Cor.rMiuA, (Jl'I'ICK Ol' Cnil'-.l' OK Hnoinkkjjs, Wmhlniitoti, l>. C, April •Z\), 1S74. Sii: : Haviiif); obsorved a cominiiiiirutioii referred liy .v<»ii to siiperintemleiit's l)rivncli of this otUce, I have to say tUat uuy iutbnuatiou re. Who asked you to sign those i)apers? — A. Of course everybody knows that it is indirectly the governor. Q. Who, it anybody else, asked you to sign them ? It must have been somebody directly. Xow, who asked you directly to sign these papers ? [Witness pausing.] Q. Did they not come to you as tlie head of the engineering depart- ment in the ordinary course of business of the board of public works? — A. No, not in the ordinary course of business, because the onlinary course of business was to keep the Government measurement concealed from us. (}. The ordinary course of business was to keep the Government measurements concealed from you ? — A. Yes, sir. I did not know any- thing at all about them. (}. It was not concealed from you when they were submitted to you by tlie pile which was exhibited to you a little while ago and signed by you, was it ? — A. The Government m<'asurement on which money was obtaiued I had no knowledge of, until I saw it iu the governor's answer. Q. I have already shown you where your name w^as signed for up- ward of a million of dollars ? — A. I have testitied the first day — this is a case. Q. Now, you return to that constantly, that the nu\nsurements of Gov- ernment proiierty were concealed from you because the measurenuMits upon which the money was obtained were not signeal»cock, with which your office had noth- ing to do ? — A. I have made statements already in regard to that. (}. Do you know ot any other cases of grosser neglect on the part of the members of the board than tlu' signing of these estimates tor the measurements of (jovernuuMit work, without knowing what was iu them ? [Witness i)auses.J Q. Any other cases of grosser neglect than that ? — A. Certainly. 21 7G AFFAIRS IN THE DISTRICT OF COLUMBIA. me^; ^r^^^r-^- ' ^^^^ «^^^^^^ ^^^ -- -^ed fVom me as a gaunn^ .noi^ conscience m Congress, „,.y signature was askir ^ ii. li.en tbe assistant brouglit yon tbesB papers on the Ilith of TsTo vember. You kept them for eight days, and returned tlenf .^.rh ^iltf^'T •'' •^^^'- , ^"'^ now you come here and s.i^y yrriS't tm repeaUHlly-tbey were brought to nle in order to Im vel p^,er ^h^ Q. W as It not proper they should be brought to you ? 1 1 ive u der stood your complaints all along were that you knew nhino about ht Government property ; that you were not consulted about ft that vou had no opportunity t^ inspect the measurements.-A. T la i^ so ^ .....«..., ^.u. v^uuipiLimt was you were not consulted. ^nTow it aooears vn wh^!,"^"?^^"^^- ^T ''''y ^'^^'^^ 1^'^1>«^'« ^ei-e brought to \4i^ I ask lu V^T^f'' '^ T? "^^ ^^^ l^^"°i^^'^' ^^"^l ^«rrect thing that these naDers «>icu SI nea Oy you :— A. Yes, sir; they ought to have been siono,i hv n wi'' ^'rT "^'^^^^^^en you signed theiu ?_A. Yes, sir: I did th?g<^ '^ci' '''' "^" ^^^"^ •-^- ^^— -t «i- accommodatu to Oi£i? cc;lZsr" '' ^^^*^^^-— ^^«^^^ you to sign them?-A. an^mfwer' Jpf "^ nn"" "^"""f '''" '^?^"' *^ •^*'^^- ^ ^^^^ "^^ been able to get I do m^t dmU if^^ I?'' ^""^'^ f '"^'' °'^"^; -^'^'^-^^^^ "•^gl^^t than that ?_ >? m, "^ ^* '^ ^"-^ ^a^® o* 8''^s« neglect at all. (2. ihat IS your answer I — A. Y^'es, sir. Q. Do you mean to be understood'as saying that the enoineer's offiop IS m,t a subordinate office to the board ot public mSs^'^^ engineer's ofece is of course, a branch of the board of ublic works is ?part"ot V '''^'''^'''^'' "^^'^ '^ '^^ ^^'^'-^ of public wK:^!! It Q. Is it any more a part of it than the auditor's office or the suner Q. You have alluded, tliroughoat your testiuiouv to tlie f L.t ti,-,t n,^ vce-presideat of the board detailed' Mr. OertTrt^'uTel^re woA do'e TESTIMONY OF ADOLF CLUSS. 2177 by John O. Evans and Albert Gleason. Is that so?— A. T believe I have answered tlie (inestion. Q. Yon have alhnh'd to tliat thronyhont vonr testinionv on dav before yesterday?— A. 1 believe so. Q. AA'as Mr. Oertly detailed by the vice-president to make any other nieasnreinents of work done by these gentlemen than such as related to the Washington canal!— A. Yes, sir;"to the best of my knowledge. Q. What? — A. I have here three vonchers, aggregating $374,730- I fonnd the last one of them on the book, B. Oertly, depntv engineer. Bnt I find from the annnal report that, against my instrnctions. tlie au- ditor passed these bills without my signature, and the treasurer of course paid the mouey on them. Q. Is that an answer to my question ? — A. Yes, sir; these contain other work than the canal. Q. I mean, by the canal, the canal and the streets having immediate connectmn with the tilling of the canal.— A. This is Farragut Sipiare vScott's statue, flagging complete; J*-street circle, Seventeenth street' from Xew Ycu-k avenue to B street— it is all the work of Mr. Evans' and I wish to be allowed to say ' Q. Do .\ou mean to say that^AIr. Oertly was detailed by the vice-pres- ident of the board to make those measnrements ?- A. I asked him about it Avhen I found the list Q. Just answer my question. Do you mean to state here, under oath that Mr. Oertly was detailed by the vice-president of the board of pub- lic works to make these measurements to which you have alluded .' A. He so informed me. Q. Yon swear to that?— A. When I reprimanded him for it Q. Swear to that ?— A. When I reprimanded him for it, he told me he could not be blamed; that he did it under orders of the government. In one case, I believe, and I think in all cases. However. Mr. ,AIat- tingly, that was one of the mixed-up measurements, that I did not know exactly how it was. Q. Massachusetts avenue and P-street circle?— A. Mainly all Govern- ment work. It refers to work, as I say, in the aggregate 8374.7;j(>.78. Q. You had nothing to do with that work ?— a'. Xo, sir. Q. Nothing with the measurement of it ?— A. It was done Q. What did you have to do with it?— A. To make out the final vouchers afterward ; but this voucher here which was passed in this ir- regular way I mean to say— I do not mean to say there was any fraud in it. It was most likely more for the purpose of getting hold of money very fast, you know, and having the i)artial estimate. I mean to say- that I had afterward, in order to have this thing correct, to make a final voncher for this, and these final vouchers were mainly coiiies of these^ luM-e. That is, in fact, how I found out. (^. The final vouchers which you say you ma(h> were coi)ies of the i)ar- tial vouchers ? — A. Yes, sir. (}. Is that your way of doing business .'—A. 1 had Mr. Barney to go over it; and after Mr. Barney liad jneasured it, and I had looked'at it— ot course that is the way of doing business. Q. State whether that is signed by you.— xV. Under me the voueiier of Q. Just answer me that question, whether this is your signal inv.— A. This is the final vouclier I had reference to. signed bv Mi. Harnev and myself. Q. Final voucher of what?— A. Of Farragut Scpiare- wori; done by J. O. Evans. 137 D c T 2178 AFFAIES IN THE DISTEICT OF COLUMBIA. Q. That includes all tbe partial estimates? — A. Yes, sir. lu justice to myself, I would request the voucher of September 1, 1873, for Jobu O. Evaus, to be brought in, and then I can explain. Mr. Mattingly. Any one you desire. [The following is the voucher referred to relating to Farragut Square:] ravements for sldcwaVis and carriage-ways. WaHhbnjton, D. C, Sejjtemher 30, 1873. Board of Public Works, D. C, to Jobn O. Evans, Dr., 13,739 square feet of flagging for crossing laid, at — cents per foot :ii8,243 40 I hereby certify that I have measured and inspected the work done by John O. Evans on the improvement of Farragut Square, (betvpeen — aud — streets,) in squares , embraced in the foregoing account, which work was done under the order of the board of public works, (contract No. — ,) aud find it correct as to quantity and quality, and that the work has been done aud material and labor furnished as per contract and specifications. CHAS. E. BARNEY, Assistant li^nf/ineer. Dated September 30, 1873. Approved Sei)tember 30, 187.3. ADOLF CLUSS, Engineer B. P. TV., in Charge. I certify that the foregoing bill is correct in form, and that the j)rices are according to contract, aud is therefore audited in the sum of Aiidifm' B. P. W. Dated , 187—. [Indorsed : 9860. B. P. W., vol 4, 1873. Cert. No. 4599. Account 1338, B. P. W., yoI. — ,1874. Pavements for sidewalks and carriage-ways. Sept. 30, 1873. John O. Evans's bill, for work done on Farragut Square, (bet. — and — sts.) $ . Final measurement. EespV forw'd to B. P. W. for transmittal to auditor. Adolf Cluss, Eng'r in charge. Oct. 4, '73. Respectfully referred to the auditor. Edward Johnson, asst. secretary, 10, 6, '73.] Q. Is this signed by you ? [handing witness John O. Evans's bill for work done on P-street circle.] — A. That is what 1 have stated — the final vouchers I have signed. Q. Are these final vouchers false ? — A. jS^o, sir. Q. Are they correct? — A. To the best of my information and belief. Q. And they include the partial vouchers, do they not % The Chairman. The final voucher of the P-street circle is signed by Mr. Barney and Mr. Cluss. Mr. Mattingly. Yes, sir. The Witness. Since the chairman has asked the question, I will ex- plain the working of our oftice. Mr. Oertly having been detailed to measure the work of Mr. Evans, Mr. Oertly measured it, and in this case again Mr. Barney, as a courtesy to an assistant in the oflice, who is equal Avithhim, signed the voucher and the measurement of Mr. Oertly. The measurement is Mr. Oertley's. I can show you at once it is copied from the partial voucher, which I will have brought in. By Mr. Mattingly : Q. Wasn't it your duty, when you were making out a final voucher, to be signed by yourself and Mr. Barney, to see that the proper amount of work alone was allowed, and pro])er rates allowed for it— to see that it was correct? — A. Certainly. Q. Did you do that ? — A. I have explained that before. I have not understood it. There are a great number of vouchers that I have to ♦ TESTIMONY OF ADOLF CLUSS. 2179 sign. I generally go over them. I wouUl see that they were generally correct. Q. Here is a bill of John O. Evans for the triangular reservation west of the Pstreet circle — upward of $10,(M)() — signed by Adolph Cluss and Mr. Barney. — A. That is signed by Mr. Barney and myself. It is a final voucher. This is measured I)^' Mr. Oertly, and, therefore, as far as ac- curacy is concerned, a sample now. [The following is the voucher for P-street circle :] Pavements for sidewalks and carriage-ways. Wasiungton, 1). C, September 30, 1873. Board of Public Works, D. C, to John 0. Evans, Dr. 17,490 square feet of flagging for crossiugs laiil, at 00 ceuts per foot $10,494 00 I hereby certifj' that I have Tueasured and iii.si)ected the work done by John O. Evans ou the improvement of P-street circle, (between and streets,) in scpiares , embraced in the foregoing account, which work was done under the order of the board of public works, (contract No. ,) and find it correct as to quantity aiul (|uality, and that the work has been done and material and labor fur- nished as per contract and specifications. CHAS. E. BARNEY, • i ssistu )i t Eiigi neer. Dated Sept. 30, 1H73. Approved Sept. 30, 1873. ADOLF CLUSS, Engineer B. P. IF., in charge. I certify that the foregoing bill is correct in form, and that the prices are ac cording to contract, and is therefore audited in the sum of . Auditor, B. P. TV. Dated , 1874. [Indorsed : Cert. No. — . Account 1340, B. P. \V., vol. — , 1874. Pavements for side- walks and carriage-ways. Sept. 30, 1873. Juo. O. Evans's bill for work done on P-street circle, (bet. and sts.) § . Final measurement. Vou. 4599, '73.] By Judge Black : Q. Was it correct ! — A. O, yes. Q. Is that true ? — A. O, yes; I have stated so upon the outset. ]\Ir. Mattingly. He has said that everything signed by Mr. Barnej' and himself is correct. Q. Here is another triangular reservation west of P-street circle — final measurement. Is that signed l)y Mr. Barney and yourself .' — A. Yes, sir. This is a copy of the other. Tiiese figures are inserted in the auditor's office. Now it is very clear I sent two vouchers down — one of them foots up 811,oint. Mr. Black. 84 cents. You will find it on page 1856. You say there^ " I estimate it a fair cost." And then you give the items, amounting in the whole to 84 cents. The Witness. I have explained before that this was one of the cases, I requested that this voucher be brought here. This price is in Mr. Oertly's handwriting. Mr. Oerth' fixed that price. Q. And then you did not sign this ? — A. Yes, I did sign it ; and I told the committee the other day that this is in fact, in my every-day busi- ness the only point where I know, where I have, jjerhaps, not done my full duty in looking close enough. But this don't cover the case. I have asked for the order in which $1.25 was established per square foot for flagging. Y^ou spoke of 84 cents, and spoke of $1.25. Q. Was not this the price that Mr. Evans got — 84 cents ? — A. Will the counsel be kind enough to show me the voucher for Mount Vernon square. It is $1.25, I believe. Q. Look at this; [handing witness paper;] read that letter. Witness read aloud as follows : New York, JpriJ 28, 1873. Gentlemen : We have a lot of selected blnestone flagging, say about twenty to twenty- five thousand feet, from 2^ to 4 inch thick even four feet lengths and from 2j^ feet to 4 feet wide, phmed to an even surface, such as is used here for first-class work. We will deliver the same to you on wharf, Washington, D. C, at seventy-five cents per square foot. Delivery to be complete withiu thirty days. Awaiting your reply. We are, gentlemen, very respectfully, your obedient servants, VAN BRUNT & BROTHER. Hon. BoAKD OF Public Wokks, Washington, D. C. Q. Now please read the indorsement f [Witness reads the indorsement, as follows :] [Indorsement.] Board of Public Works, Dlstrict of Columbia, WashhH/ton, April 30, 1873. Respectfully referred to the engineer in charge for report. This will be necessary for the P-street circle, if the price is a proper one. Bv order of the board : EDWARD JOHNSON. Chief Cleric. Q. Now read the order to Van Brunt & Brother, based on that? [Wit- ness read as follows :| Board of Public Works, District of Columbia, Washington, May 6, 1873. Gentlemen : You are hereby requested to ship to this board from twenty to twenty- five thousand feet of blnestone flagging, from 2^ to 4 inches thick, even 4 feet lengths, and from 2/^- to 4 feet wide, and to be delivei'ed at the wharf in this city with- in thirty days, at seventy-five cents per square foot. By order of the board : EDWARD JOHNSON, Chief Cleric. Messrs. Van Brunt & Bro., 75 South St., Xew Torlc. True copy ; CHAS. S. JOHNSON, Secretary. TESTIMONY OF ADOLF CLUSS. 2183 Q. Look at the iiulorsemeiit on the lower part of that paper, and read it. [Witness read as follows:] The P-street circle is completed; otliorwiso the price is reasonable ; if quality is as represeuted, it will cost us oiilv about 15 cents addition per linear foot for jointini^. ADOLF CLl'SS. Q. Is that in Mr. Oertly's handwritin.s: or yours ? — A. That is in mine. Q. Is the si.onatnre yours ? — A. Yes, sir. Q. IIow much does that make a foot l — A. This refers to extra thick flaggini;-, and this makes it 75 cents, and then afterward 1.5 cents, which makes it up to 90. By Governor Shepherd : Q. Add your price here — 34 cents fixed by you upon this date. Doesn't it make it 81.24 ? — A. I wish to see the detail. Xo, it don't make 81.24. By :\[r. INIATTIXGLY : Q. Ninety cents and 34 cents don't make 81.24 ? — A There is 34 cents ; taking out tlie wnid is cents, jointing is 10 cents — IG cents — is included in this 34 cents, and, therefore By Mr. Black : Q. NoAY, if the prices paid to Mr. Evans were too high, that was a wrong against the public, was it not? — A. I think it "^'as. Q. If the public was wronged by the payment of those prices to him, who i)ermitted the wrong? — A. The party who awarded the 81.25. Q. Who awarded him ; the party who fixed the pri(;es, was it not ? The ofiicer who fixed the prices must have been the person that did the wrong against the public, if he fixed them too high l — A. The officer who fixed the 81.25; audi claim that these figures here do not add up $1.25; and I claim further that this is extra-thick flagging; from 3.J to 4 inches thick ; while this flagging was mainly common, thin flagging and not flagging of extra thickness. Q. Do you mean to say you are not responsible for the adjustment of these prices ? — A. For the 81.25 I am not responsible. It is more than I have allowed, 3"0u know. Q. How much more ? — A. Will you allow me to figure this up. That is jilain flagging; that is machine-work flagging, so it is not in the circles; this flagging in front of the Patent-Olfii;e and the Post-Otfice. Now, I say if this price of 34 cents which I have asked for the original voucher for — in these prices, is taking out wind. By Mr. Stanton : Q. Is there any ditterence in the thickness ? — A. Yes, sir ; this is extra- thick flagging. Q. What is the expression there— from 2S to 4 inches ? — A. Yes, sir. (^. Winit was the thickness of Mr. Evans's [lagging ? — A. His contract calls for two inches thick, so far as 1 remember; not less than two inches thick. By Mr. Black : Q. The trouble is here: if you ai)proved all these prices before the work was done, and afterward approved tiu' bill for doing thcni at those prices, how do you account f cents, delivered on the wharf at this time .' — A. Certainly 5 especially for the flagging across the ^lall and around I> street, which is the greatest quantity. The specification reads not less than two inches thick. Mr. Stewart : Q. Is it not your duty to certify to the (pmlity as well as the quantity ? Govenu)r Shepherd. That is what he did. The ^VIT^'ES8. At P-street circle there was this kind of flagging. Q. I have not asked that. ^ly (pu'stiou was whether it was your duty to certify, and whether vou did not certify, to quality as well as to quan- tity ?— A. Yes, sir. (J. Then you ought not to have certified to the quality. — A. ^Vhy ? Mr. Stewart. If the quality was not up to the price. By the Chairman : Q. When did you discover this flagging was so inferior in (juality ? — A. It is not inferior ; it is common. Q. When did you notice that ?— A. Which ? Q. Anywhere?— A. Well Q. As it was being laid down ' — A. Yes, sir. Wright Rives, recalled. The WiTNi^ss. T would like to makean explanation, if the committee will permit. General Habcock and myself arcclassmates. 1 formi'rly occu[iied, under President .Johnson's administration, the same position that lie now oc("Ui)ies, and it may be that portions of my testimony may seem to reflect upon him. Therefore 1 deem it proi>er tiial I shouhl come 2190 AFFAIRS IN THE DISTRICT OF COLUMBIA. here and make this statement: That if, while I occupied the position that I have referred to, the board of public works had been phaced in power, and consequently these duties had devolved upon me as they do upon General Babcock, it would have been impossible for me to have attended to them personally. I would have had to rely entirely upon subordinates. The Chairman. He has relied upon them. The Witness. Yes, sir. If I had been called upon to perform such duties I would have had to neglect the duties of one of my positions, and think I should have neglected the measuring i)art. Jonathan Taylor sworn and examined: To Mr. Wilson : I reside in New York, and am of the firm of Taylor & Filbert. That firm has been dissolved. It was dissolved on the 22d March. Question. For what purpose was that firm organized ? — Answer. It was general contracting and street paving. Q. In reference to what — any particular place 1 — A. No, sir. Q. How long had that firm been in existence? — A. AVe went into partnership in September, 1871 — September or October. Q. Where did you commence doing business ? — A. The first work we laid, we laid a small piece in Phihidelphia, on Arch street, corner Sixth and Arch. The next work we did was here. Q. Have you done any work except in the city of Washington, with the exception of what you have already mentioned I — A. No, sir ; not our firm. Q. What was the extent of your contracts in the city of Washing- ton °? — A. Nearly a million of dollars. Q. Who was your book-keeper ? — A. In the first place, Mr. Slatter was book-keeper, and then Mr. Nyle. Q. Did he continue up to the time of your dissolution ? — A. Yes, sir. Q. Where are the books of your firm ? — A. I cannot tell you where the books are now. Q. Where have they been ? — A. The last I saw of the books they were at the Metropolitan Hotel in New York. Q. How long ago was that? — A. About three weeks. Q. Where had they been kept prior to that time"? — A. Herein our office; in the oflice until some time in February, when they were taken to Doctor Filbert's room, Mr. Nicholl's brother-in-law, to write up the books. They were in such a condition that you could not tell head nor tail, nor anything about them. I was trying to get a settlement with him for the purpose of dissolving, but I could not get that done. They were taken up to his room from the office, and they were kept there some time, and then submitted to John G. Moore and F. W. Smith to get them up and to make a settlement between us. Q. Where does John G. Moore live ? — A. In New York. Q. Where does Mr. Smith live ? — A. In Washington ; he is in the lumber business. Q. Were they submitted to these gentlemen as accountants, or as arbitrators? — A. Both ; they were to get up the books in the first place, and decide certain matters that we did not agree upon between us. 1 met here every week, pretty nearly, until the 1st of January, and I never could catch the doctor here ; if he was, he did not have time to attend to it. Q, Where is Dr. Filbert now ? — A. I do not know ; his home is 1902 TESTIMONY OF JONATHAN TAYLOR. 2191 Greene street, Philadelphia. He is either in Philadelphia or Pittsburgh, I i)resaiue. lie has contracts for work there, I think. Q. Did yon or yonr tirni or J)r. Filbert, either directly or indirectly, pay any money for getting contracts '? — A. I bought the first contract here myself in November, 1871, I bonght it from John 8[)icer. At that time he lived here. I was not nuich acquainted with him. I think he had been a contractor for the Government at the time. He told me that the Government owed him $."3.">,()()() and he expected to have got the money to do the work himself. I think he got it in ►September. The award was made to him, as I understood at the time. He had not the money and could not do the work. 1 was down here and he pro- posed to sell me the contract. It was a contract for a wooden pave- ment, on Sixteenth street, although the award was for a Wyckoti' pave- nuHit 1 think; a cheap kind of pavement, or not a first-rate pavement. I think the [)rice was 8-.*J0. When he spoke to me about it I talked the matter over with him and then I went to Governor Shepherd and asked hiu) about it ; but I did not tell him I was going to buy the con- tract, or anything of that kind. I told him Mr. Spicer had the con- tract but had not the money to do it with, and he wanted me to furnish the money and give him an interest in the contract to go on and do it. He told me the award was good but that they might want to change the pavement as the}' had inquired about it and they did not like it. So the next spring I went on and did the work and changed the kind of pavement, and had the wood i)reserved. Q. How much i)er yard did you pay 3Ir. Spicer? — A. There were about 38,000 yards in the contract, and I gave him $5,000 for it. Q. Have you purchased any other contracts'? — A, Yes, sir; I do not recollect the names. I bought a contract on Eleventh and Tenth streets. Q. Whom did you buy the contract from on Eleventh street? — A. I could not tell the name now. Tiie contract was afterward issued in my name. The way that contract came about was this: There was a man by the name of Deidler, from Philadelphia. He came over to New York to my oflice and said that he had 00,000 yards of contract to sell, and wanted to sell it to me. I told him I did not want to buy, but he urged u[ton me that I should come over with him. I was here a day or two, but could not find out anything about it for the first two days. Then he said it belonged to some parties, a man by the name of Kelly, I think, and another man, whose name I do not recollect. Q. Seitz? — A. Yes, sir; 1 think that was the name. Q. Anybody else? — A. Nobody else was mentioned. Then I went with him up to the board; the board was in session, and instead of having 00,000 yards, they had only one street, which was either Tenth or J']l(*venth street. He said he had that contract, and before 1 would make any arrangement with him I went in and saw the contract and asked Mr, Shei)herd if the award — if the contra<;t was a good one, I told him that this man had not the money, and wanted me to go in with him and furnish the money. 1 asked him if it was all right. He said it was. I went out then, and went down to the Metropolitan Hotel, and they followeil me down there. Q. What did you pay them for that ? — A. Twenty cents a yard. Q. W'ho did you get tiie contract from on Eleventh street ! — A. I do not recollect who 1 got them from, whether they were both mixed in together or what, now. Q. ^Vhat did you pay for that .' — A. Twenty cents a yard. 2192 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did you buy any other contracts ? — A. Yes, sir. Bought a con- tract on First street. Q. Who from f — A. A man by the name of Smith. Q, Who was he ? — A. He was a contractor here. I do not know his full name. I think it is David. Q. Was he doing work here himself? — A. Yes, he had that street and some other streets to do at the time, and he failed. He had no money, and could not do it. He did the grading or a part of it and the side- walks were to do. And I bought the paving of the street of him. Q. Did you do any grading on any of those streets ? — A. Yes, I did a great deal of grading on First street. Q. On these other streets you have named? — A. Yes, sir, a great deal on them. Q. Wbat did you pay this man Smith for the contract"? — A. Twenty cents a yard. Q. Did you buy any other contract"? — A. Yes, sir; I bought the far end of Seventh street last fall, and put that down for accommodation. Q. Who did you buy that from "? — A. That was bought from a man by the name of Gray. Q. Wbat did you pay him"? — A. Twenty cents, I understood it. Q. Did you buy any other? — A. No, sir; I think that is all the con- tracts I bought. Q. Did you have nothing to do with the north end of Seventh street ? — A. That is just what I was speaking of. Q. These are the only contracts you bought? — A. Yes, sir. Q. Who did the grading on Seventh street? — A. I did a great deal of it and a man by the name of — I forgot his name. Q. Do you know whether in any cases any deductions were made from your paving-contracts on account of grading? — A. On all of our contracts we were charged with the grading — pretty much every one — excepting F street. Q. Suppose that you made a contract where you had no grading to do, simply to put down the pavement, did they make any deductions from yonr pavement on account of grading ? — A. I never had any streets of that sort. Q. Have you paid any money, directly or indirectly, on account of contracts for the procurement of contracts, other than what jou have stated ? — A. No, sir. By Governor Shepherd: Q. You spoke of buying a contract from John Spicer. Do you know whether John Spicer was one of the original bidders under the proposals of the board of public works for a contract ? — A. He told me he was. Q. And that he received an award based upon his proposal for laying a certain pavement"? — A. Yes, sir. Q. And that after examination of that pavement, the board determ- ined that it was not a proper one to put down, and changed it"? — A. That is so. Q. You spoke of purchasing one or two other contracts. In regard to this contract of Mr. Smith's, as I uiulerstand it, he was the contrac- tor to whom it was awarded, and did all the work except the laying of the wood pavement ? — A. Yes, sir. Q. Which you did for him and on which you allowed him so much a yard ; is that so ? — A. Yes, sir. Q. Now, Mr. Taylor, I would like you, as you have had vast experi- ence in wood pavement business, to tell this committee the cost of lay- TESTIMONY OF JONATHAN TAYLOR. 2193 ing: tlie wood pavement — and I do this becanse the witness, Mr. Taylor, lias laid more wood ])avement than any other man in the conntry — the €ost of layiiiii" trcatt'd i)avements, and give the items to the committee, so that tiie\ will be able to Jndge. — A. W<'ll, wood i)avements, you know, it depends a good deal on where y(»n put them down and the cost of Inniber, Q. As you have i»ut them down here. — A. Well, the i>avements here have cost from 8-.S0 to s2.S5 a yard. They added 50 cents a yard for pn^served wood. Q. Then 1 umlerstand you to say tliat the net cost of the j^avements laid by yon and Mr. Filbert, in this city, have been from $2. SO to .^2.85 per square yard '! — A. Yes, sir. Q. Net cost to you ? — A. Yes, sir. By Mr. Wilson : Q. Is the expense of laying- the wood pavements the same ? — A. No, sir. Q. Are some cheaper than others ? — A. Some are cheaper than others. You can i)ut o you know the price that was jiaid for laying this round-block pavement in this city by the board of public works? — A. I do not. Q. What patent did you lay of wood pavenu'nt f — A. 1 laid the DeGol- yer— No. 1 it is called— ami the Taylor cS: Filbert. The Taylor cS: Filbert is a wedge shaped l)lock. Q. Is there a difference in the cost of laying those two pave- ments .' — A. Not inn<.*h. (^. Did you lay any other kind of i>a\emenl .' — A. No, sir; I thiidc not. Q. What other pavements have been laid in this city ? — A. The •Stowe pavement has been laid here and the Uallard. A. Is that a more expensive pavement than yonrs ? — A. Yes, sir ; more exiiensive — [)robablv 10 or 15 cents a \ailyer No. i', and that is cheaper than otir j»avement. Q. AVhat can that be laid for per yard ? — A. 1 should think for about 15 cents i)er yard cheaper — that is, where they do not i>nt it down well. 138 D C T 2194 AFFAIRS IN THE DISTRICT OF COLUMBIA. If they put it dowu as I put dowu the pavement here — all the pave- "ments I have put dowu here I have rolled thoroughly — I i^ut dowu the pavemeut here better thau iu au y other place. Q. Do you know whether that was done generally by other contract- ors ? — A. That I could not say. I never went over other contractors^ work and looked at it. Q. Have you noticed how the wood i^avement is standing here ? — A. I have been over my own pavement very frequently, and I say it all looks first- rate. Q. Have you been over any other ? — A. Not to take any notice. By Governor Shepherd : Q. I want to settle this point. I understand you to say to the com- mittee that the cost of wood pavements laid by you here was from 12.80 to $2.85 per yard "? — A. Yes, sir. Q. That is the net cost to j'ou for the pavements laid ? — A. Yes, sir. In other words, we made about lo per cent on our contract. By Mr. Wilson : Q. Have you been paid! — A. We have had, I think, about $210,000 or $215,000 iu money, and $270,000 or $280,000, probably, in bonds, the balance iu auditor's certificates. I should think about fifteen or twenty thousand is yet coming from the board. Q. Have you any work yet unmeasured ? — A. No, sir; the work is all measured up. Q. You have not received all your certificates yet. — A. No, sir; I want to state one thing while I am here. In reading over Mr. Cluss's testimony, the other day, about Seventh street — about getting full measurement on that street, and my partner running away, or liaving gone to parts unknown — I want to say that we have not got full pay on that street at all. The sidewalks are finished. It was late when we put that work down, and we got it measured up and they agreed to pay for what work was done. We put it down late last fall. Bat the street was all torn up and plowed up, and the water-[)ipes all lowered, and the street was impassable, and Mr. Willard urged me very hard to put it down, and I went to work and put it down. When we got our esti- mate on it they paid us for paving, and a part for the grading, I think. This other man had doue the grading, which all went under our name. We, however, had nothing to do with the grading. Q. Mr. Walsh did the grading ? — A. Yes, sir; but the street was in a bad condition for the reason stated. The pavement was well put dowu. I went to work and dug out there mud and slush, and hauled in gravel, which j\Ir. Willard directed me to do. I paid 40 cents for the gravel and filling up those places, and then rolled it down. Mr. Barney, he scratched it all off. The other measurement I want to speak of— on N street. In all my measurements on Sixteenth street I was six hun- dred short in my measurement of the work actually done. On Massa- chusetts avenue and Khode Island avenue and other places our meas- urements were cut down by Mr. Cluss and Mr. Barney, they making their estimate from the books in the office, and not actual measurement. My measurements have all been short instead of over, as claimed by Mr. Cluss. The committee can go and measure for themselves, and see and take the measurements iu the office. By Governor Shepherd : Q. State to the committee how the prices paid by the board of public works are for wood pavements compared with those paid in other TESTnrOXY OF ADOLF CLUSS. 2195 cities. — A, A great deal less than in New York. In New York they pay $4.50 and S") a yard, Q. Have you done any work at h)wrr rates than at the prices yon jxot here ". — A. Not P^ast. Out West, wliere the i)ric«' of lumber is considerably less, 1 have. The work I have done here [ have done for a <;reat deal less price than I got in New York, Philadelphia, Elizabeth, and Newark. By Mr. Christy : Q. What do yon know about the cost of wood pavements laid for the last two or three years in the city of New York? — A. Well, sir. there has not been much laid in New York lor the last two years. Q. Is it not trne, in fact, that wood pavements have been wholly abandoned in New York? — A. No, sir; not abandoned. Q. llad there been any contracts made for wood pavements in New York City within the last twelve months ? — A. Not to my knowledge. Q. Is it not true, likewise, that they are now supplanting the last of their wood pavements with stone pavement? — A. They are taking up some of the wood pavements there that have been down six or seven years, and are worn out. Q. And replacing them with stone ? — A. lielaying them with Belgian. By Governor Shepherd : Q. What is your opinion as to the adaptability of wood pavement for a city like Washington, with the travel we have here ? — A. I think that wood and concrete pavements are better than any other kind of pave- ment for such a city as Washington. Q. You thiidc they are better than stone? — A. O, yes, sir; decidedly. The comiiiitt(^e hereupon adjourned until 10 o'clock to-morrow, Satur- day morning, May -Ij. Saturday, May 23, 1^74. The committee met pursuant to adjournment. Adolf Cluss recalled. The Witness. Mr. Chairman, I would like to make a couple of cor- rections in my testimony gi\'en on yesterday. I stated to the chairman that the measurement of P-street circh; hail been madi^ by ^Ir. Barney. It is not so. It was nnide by Mr. Porsyth, and I have the voucher here. Further, in my testimony on the first day, I stated ^Ir. Forsyth's mis- take about Frank Smith's work too early. That mistake occurred in June, 1S7."». Mr. Willard ami ^Nlr. Cluss in connection went over it, according to the records. I have looked the records over, and I would call the at- tention of the committee to the fiict that the vouclier of Mr. Evans's work — the irregidar voucher, which I liavt; asked for repeatedly — has not been brought here yet. By Mr. Mattingly : (}. What voucher do you refer to '. — A. Tlie irregular voucher, for which 1 asked you several times. Mr. MATTiNCrLY. Just let us know distinctly what it is, and you shall have it. By the Chairman : Q. The voucher of the 1st September you spoke of yesterday. ^Ir. Cluss 1 — A. Yes, sir ; that is the one. 2196 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. IMattingly : Q. Let us imderstand what voucher you waut? — A. The Senator has told you. The Chairman, II is the partial estimate of Johu O. Evaus. The Witness. I have only oue word more to say. Of course, as I stand here unsupported by any legal talent, I throw myself upon the pro- tection of the committee. I do not care about havingany counsel. Now, since in my testimony of yesterday this flagging has been made such a prominent object, I think this very thing is a more fair test to take up to test our whole system, and therefore I most earnestly request that instead of these detached little sheets which the counsel bringhere, all the papers relating to the purchase and the laying of this flagging be brought in. They are few, and then at once the committee will understand my action in this matter. I wish to say that in the season of 1872 no flagging of any account at all, to my knowledge, has been laid. When such little slips were brought to me, as Mr. Evans, for instance, says, " 1 desire a contract for dressing stone ou P-street circle ; " he wrote two letters, which are in evidence, lie wrote on January 30, he desires a contract for dressing stone for the P-street circle ; that was the abstract of the letter. Then, again, he says, on May 14, "Kequests that prices be established for work now being done by him under the board's order on the following streets: Seventh, Twelfth, and Four- teenth, between 13 street south and B street north, as follows." At the time when I signed my confidential man Oertly's estimates for this work I had no idea that such a big job of 300,000 feet, or some thing, was in progress. Of course I had a right to expect, if it would cost — if $300,000 and more were to be spent on more sidewalks — that it should be informally discussed in the board. Since this was not the case, I did not look with that care otherwise that I should have done ou these slips, which were laid before me by my assistant and confiden- tial man Oertly. 1 think those papers, if they are brought here, will show my action in the premises. I think it is due to me that these pa- pers relating to the purchase and the laying of this flagging should be brought here in full, as I say, instead of these detached parcels. That is the only question I had to make. By Mr. Wilson : Q. You say that Mr. Evaus was already at work laying flagging when these communications were addressed to you. Is that the way I under- stand you "? — A. Yes, sir ; and I have looked yesterday over the journal or the minutes of the book where the actions of the vice-president were entered. I do not find on February 3d, when, according to the list of contracts, he is given a contract for laying flagging worth $90,000 — I have failed to find that contract in the minutes. The contract is Ko. CoO, February 3d. The minutes of the board, I suppose, are here. By the Chairman: Q. What papers do you refer to? — A. The papers relating to the pur- chase and laying of this verv flagging. Q. This flagging on North B street?— A. Allot this 300,000 feet; there was in January, without my knowing it — a plan was made here to introduce this flagging most extensively, and papers were laid before me. By Mr. Mattingly : Q. Introduce what? — Apian was made to use this flagging in the most extensive way; when I signed these slips of Oertly, I had no idea TESTIMONY OF ADOLF CLUSS. 2197 at all that there was such a big thing involved. Of course in 300,000 feet of flagging, if there is 2.") cents over charged in the By Mr. Hubbell : Q. Would yon not take the same care in estimating for 500 feet as for 5,000,000 feet .'—A. During tliat time I did not Q. But answer my (luestion ; you claim here that there was a small amount laid before you, and you did not take any particular care to fix it up right ? — A. I sliouhl rely more on the statement of my confiden- tial assistant who led me to sign those papers. Q. But in a small amount of flagging you would uot take any par- ticular care to see Avhether the charges were right or not ? — A. I should rely on the statement of ray conddential assistant, to a great extent. There were only, perhaj^s, I understand, two parties in connec- tion with this flagging, John O. Evans and Van Brunt & Company. I may be mistaken in that, however. i}. Then, 1 understand your claim to be that Oertly, your confiden- tial man, laid some slips of paper before you for estimates for flag- ging .' — A. Yes, sir ; in rather an informal way. (^). What way '. Let us know wliat way * — A. The pa[)ers will be brought here. Q. What size papers were they i — A. Like this one, [indicating.] On the back of it imlorsed: '-The cost of this flagging aiul grading, 3 cents; stock, 50 cents; jointing, 10 cents; taking out of wind, G cents; furnishing sand, laying, and grouting, 15 cents." Q. What did .Mr. Oertly lay that before you for? — A. For the purpose of getting my signature to it. Q. To liave you approve it'? — A. Yes, sir. Q. To see that it was right? — A. Yes, sir ; exactly. Q. It was your duty to approve it '? — A. Y'es, sir; exactly. Q. Y^ou did it ?— A."^ 1 did it. Q. ^\nd now you claim that you supposed the quantity was small, and did not pay an\' particular attention to it ? — A. I did not pay as much attention as 1 would have done if I had seen the magnitude of the job. \Vhile these papers are coming, 1 will say that I was asked the other day about this Fletcher matter — about this flagging in the Botante Garden — and at the request of the committee 1 have brought the papers here. By the Chairman : Q. What Fletcher matter is that ? — A. The flagging laid around the Botanic Oarden — old flagging charged to the Government at $1.25 per square foot. Here is entered — JriA- Ifj, 1873. .Sir: You will cjuiso a contract to be ])rcpaie(l with .Joseph H. Fletcher for cutting and scttinj^ the llaj; foot-ways around the Botanic Garden, the material to be fur- nished by the board. Bv order of the board. CIIAKLF.S S. .JOHNSON, AsHisiant Secretary. A. Ci.uss, Iin;iiiirir in charge. AtlOUST 1(). SiH : J am directed liy the board to ins^^rnct yon to i^ive tln^ necessary orders to .Joseph H. l-'letelier, who has the contract lor jointing and lesettin^ the lla^ fool-ways around tin; Jiotanic (lardeii, to lay a douiile line of foot-walks on Tliird street, in accordance with the wishes of Mr. Smith, snpcnintiiidcnt of the Botanic (iardcn. The ])rice tixed for Mr. Fletcher's work is thirty-fonr cents per stjiiare foot. Kespectfnllv, C'HAin.ES S. JOHNSON, . / ssisln II ( Secretary. Hon. A. Ci.css, Engineer in charge. 2198 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. Before we go on tarther, I wish to say how my action has been contorted. This price of 34 cents inchides taking out of wind. Of course, if they have put old flagging laid in front of the Patent- OfiBce, it does not need any taking out of wind : therefore, theprice of 34 cents ought to have been on that account C cents less. The old flag- ging in the PatentOfflce was jointed, and Oertly has his price for joint- ing 10 cents ; therefore, instead of 34 cents, to be consistent with my own action, this price ought to have been 18 cents. However, I am in- structed here to pay 34 cents. By the Chairman: Q. Instructed by whom? — A. By the board of public works of the District of Columbia. I am directed by the board, that is to say, the A'ice-president. Q. Were you not a member of the board at the time ? — A. 1 was, but I have said that this was to be considered in a constructive way. By Mr. Hubbell : Q. Could you not have called the board's attention to that fact "? — A. I did not know at the time that this was old flagging to be laid. Mr. Oertly, who went upon the ground, must have known it. He is paid $3,600 a year, and has as much — of course, I have a right to consider him a confidential assistant. If I have not him, I am unable to do my duty. Q. Did you ask whether it was old or new flagging? Did you make any inquiries about it ? — A. I thought, for sure, it was new flagging. Q. Did you make any inquiries about it! — A. This was the only place where old flagging was laid. Q. Will you please answer my question ! — A. Xo ; I did not. I wish to say, and I have not the paper here, the price of 34 cents I see the vice-president fixed after Mr. Oertly privately had been addressed, and Mr. Oertly reported that 34 cents was the right price for it. This letter is among the records. Q. Privately addressed b^' whom ? — A. By the vice-president, Alex- ander 11. Shepherd, to Mr. Oertly. "I requested this paper to be brought here. Q. Was it in writing ? — A. Yes, sir; it is an olficial paper among the records. Q. It was an official paper '? — A. Yes, sir. Q. You saw it? — A. Yes, sir; lately. The Chairman. Let us have that correspondence, or private cor- respondence, or whatever it is, between Mr. Oertly and Mr. Shepherd. The Witness. It was an official correspondence, addressed not to the engineer in charge, but to his assistant direct ; it is among the docu- ments here ; I had it the other day ; I had it brought up ; it is a letter addrcs.sed by Mr. Shepherd. By Mr. Mattingly. Q. What is the date of it? — A. It must have been in August last, I think. By the Chairman. Q. Why do you call it private? — A. I njean to say it was an official correspondence, but it was private so far as I am concerned. It did not come to the engineer in charge ; it went direct to Mr. Oertly to fix the price ; and then afterward I was informed that that price had been fixed. I have here a letter dated September 12th : TESTIMONY OF ADOLF CLUSS. 2199 [Mark reply Xo. 3360, vol. 3, 1873.] 15i^.Vl!D OF PUIJLIC WOKKS, DISTRICT OF COLUMBIA, If'anhinfjUm, September 12, 1873. Sir: You will cause contract No. 779, with Joseph II. Fletcher, to he aiueiuled so as to include parkiii}; on line of his work, for which he will be allowed board price for all over nineteen feet in widtli. Bv order of the board : CHARLES S. JOHNSON, Assistant Seiretary, Hon. Adolf Clcss, KiKjineer in Charge. A true copy. FRANK. T. HOWE, Chief Clerk. Q. Did you know tinything about tliat — about the modification of tliat contract at the time"/ — A. Yes sir; these were addressed to me. (^. I know ; but did you know that the board made such au order ! — A. Yes, sir; I did. Q. At the time?— A. Yes, sir, exactly. Xow, on :\[aich 2G. 1874, Mr. Fletcher says : BoAiiK OF rcuLic Works, District of Columbia, Wahhington, J). C, March 26, 1874. lloti. Hoard of Pablic fi orks : Okntlkmf.x: I have tlie honor to report that my contract for jointinL\GRUDER. Xo. 45U5, (/;. ()//'. /I'., lol. 2,) 1><74. Wasiiixotox, D. C, April 2'J, ls74. .James .\. Magruerfectly legitimate one. Mr. Mattingly asks this witness if he did not know at the time that 34 cents was the established price. Then he asks him if he made any objection to fixing this price in this contract. His reply is that he wants the records. 1 think he ought to answer that question. The Witness. This letter shows on its face that it was old flagging. If this had been new flagging,it would have been quite dift'erent from old flagging. That is jointed and taken out of wind. This letter did not show that it was old flagging to be laid. By Mr. Mattingly : Q. Did you not know whether or not it was to be old or new flag- ging ? — A. Not at that time: no, sir. TESTIMONY OF ADOLF CLUSS. 2203 Q. You did not know ? — A. No, sir. Q. Then tliat 34 cents is the proper price if it was new flagging- ? — A. It. is too mucli. 1 have explained under wliat circumstances I have signed tliis. The original ])aper will show that it was submitted to me in the handwriting of Oertly, and believing it was a small matter Mr. Mattin"(;ly. Ilere is the record in the Fletcher matter. IJoAui) or PuHi.ic Works, District of Columhia, Jl'ai^hingion, May 15, 1874. The board met at I'd in. Preseut, Messrs. Willard, May;riuler, Chiss, and Blake. * # # J* * # * In regard to the application of .Jos. H. Fletcher for allowance of the amount of park- inoj done by hini around Botanic Garden on Third street, and also the li) feet deducted from his account for Maryland aveuiu'. Dr. Blake moved that he be allowed rcj;ular board ])rict\s for the parkinjj; which lu^ had alifady done, and that the amount retained on account of that to l)c done be returned to him. Adopted unanimously, and the euirineer ordered to make up the account. The "Witness. That was the second meeting ; there was another meet- ing before that. It must have been about one week previous to this, to the best of my recollection. Q. Here is the other record to which you probably refer: BOAIM) OF PCLLIC WoKKS, DiSTlUCT OF COLUMIUA, JVaxhhiglon, May 11,1874. The board met at 12 m. Present: Messrs. Willard, Magruder, Cluss, and Blake. Hon. A. R. Shepherd, governor District of Columbia, was notified, in reply to his letter in reference to the accounts of Joseph 11. Fletcher for laying flagging around the Botanic Garden, on Third street and Maryland avenue, that the vice-president has carefully examiucd the whole case, with the contract before him, and finds from the examination of the contract and the communications and orders on tile, that the ac- counts which have already been forwarded to the auditoi'soflice are correct, according to his inti'rpretation, and this opinion is confiiined by other nu-mbers of the board to whom the matter was i>reseuted ; and if Mr. Fletcher is to l>e allowed anything addi- tional, it should come through a formal application. » » » » * * » The Witness. That is it. 1 will say here that at one meeting that sodding was refused to bei)aid for, ami intiie ne.vt meeting it was after- wards allowed. By Mr, Mattingly. Q. Then the governor, as I understand that, declineil, so far as he was concerned, to accede to an allowaiu;e for that ? — A. 1 understood that ^Ir. FU'tchcr brought the letter from the governor, and the action of the board dei)ended upon this letter which came from the governor. l>y the Chairman : (^>. 1 see this .settlement was agreed to uTiauimonsly on IMay ir» ? — A. Yes, sir. (^. Was that settlement, as made then, a i>roper settlement .' — A. Well, according to my reading of tlie i-ecords, this flagging, or rather this sod- ding was not oiiginally in the contract. i}. I ask you if you think it was a proper settlement to make? — A. Well, a contract had been njade in a certain way and tliere was no way that I (Mjuid see to get ont of it. We had to pay it because they had agreed to i)ay it. (^. Uiuler all the circumstances you thought it was a ju-oper .settle- ment to make? — A. It was. 2204 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. And you agreed to it? — A. I agreed to it; yes sir. After I bad stated my position, I stated in ttiis letter that I did not want to be captious. 1 liave here a voucher of John O. Evans. He writes to the board : Washington, D. C, August 28, 1373. Gentlemen : The following work done bj' me under contract with your board has been completed, and I would respectfully request that a final measurement be made and that the auditor settle the account for the same, viz : Seventh street south, between B north and B south. Twelfth street south, between B north and B south. Fourteenth street south, between B north and B south. B street north, between Twelfth and Fourteenth west. Reservations: Farragut Square, P-street circle, and Connecticut avenue. Sixteenth street, Massachusetts avenue, and Rhode Island avenue. Mount Vernon Place, intersection New Yoi'k and Massachusetts avenue. Seventeenth street, between New York avenue and B street north. Would also like a partial estimate on B street north, between Fourteenth aiul Seven- teenth. Respectfully yours, &c., JOHN O. EVANS. To Hon. Board Pum.ic Works District of Columria. [First iudorsi'inent.J Messrs. Oertly and Barney will have these measurements made at once and report. A. R. S. [Second iuilorsement.J The following work has been completed by John O. Evans, esq., viz: Mount Vernon Sc^uare, flagging complete $29, 665 20 Scott's Statue, flagging, complete ) concrete, complete ,- 51 , 672 1.5 brick pavement, complete S P- street circle, flagging, complete 10, 494 00 Triangular reservation west of P and Nineteenth-street circle, flagging, concrete, and setting curb, complete 11, 254 00 Farragut Square, flagging, complete 8, 243 40 Seventeenth street, northwest, from New York avenue to B street north, concrete, curb, and filling, complete 41,960 88 Fourteenth street west, from B to B, flagging and Belgian pavement, com- plete 60,913 50 Twelfth street west, from B to B, flagging and Belgian, complete 61,756 50 Seventh street west, from B to B, flagging, complete 28, 797 30 Complete work 304,736 93 Partial estinuite of work on B street north, from Twelfth to Seventeenth, flagging and Belgian pavement 70, 000 00 374, 736 93 Most respectfully, B. OERTLY, September 2, 1873. Deputy Engineer. [Third indoiseinerit.l 2757, 2758, 27.59, 2760, and 2761.] John O. Evans. Audited for $85,000. Mount Vernon Square, $20,000 ; P-street cir- cle, Farragut Square, $20,000; Scott Square and reservation, $14,000 ; Seventeenth street. New York avenue lO B north, $16,000 ; B north. Twelfth to Seventeenth west, $35,000. Received certificates Nos. 27.57, 2758, 2759, 2760, and 27()1, dated September 2, 1873, for $85,000. JOHN O. EVANS. The indorsement on that is in Mr. Shepherd's hacdwriting in pencil: Messrs. Oertly and Barney will have this measurement made at once and report. A. R. S. TESTIMONY OF ADOLF CUSS. 2205 15y Mr. :\IATT1NGLY: Q. What is the date of th;it letter .'—A. Aiioiist 2S. 13y jMr. Hubbell : Q. Did you uot testify the other day that that was referred by the vice-president to Mr. Oertly 1 — A. Yes, sir. Mr. Barney has told me — I liave asked him — tiiat he has never seen this pajjer. Mv. Oertly has taken eharge of it. Now, two days only after Mr. (3ertly here — not j\Ir. IJarney — reports — this is on the liSth Aujitist, and then on the 2d September Mr. Oertly reports as havinfj; been completed by John O. Evans, esq., the streets which appear by the indorsement of September 2, ISTo, on the letter of Aui;nst 28. The Witness. JJefore I leave this pai)er I wish to say of course in many cases vouchers bore Mr. ]>arney's signature, and that such meas- urements as those are made by Mi'. Oertly and Mr. JIarney as i)roper, Mr. Oertly being- his equal in tlie office. After he made the measure- ment he considered it merely as a clerical formula that lie put his name on it. However, 1 lind in this measurement some amounts are bigger than the vouchers are when the work was finished. It shows the super- ficial way in which this woik was done. This ])aper [indicating] shows that this was referred to Messrs. Oertly and Barney, and not to me. Here is an indorsement: " Keferred by Mr. Shepherd to the engineer." By Mr. Mattingly : Q. This is the statement on the back of the wrapper made by the clerk ! — A. No ; this is an abstract. Q. Made by the clerk ?— A. Yes, sir. By Mr. Hubbell : Q. That is a wrapper ? — A. That is the official wrapper. Q. This was done by the clerk ? — A. Y'es, sir ; but he makes the ab- stract. But I say how inexact he is. He only has said " referred by Mr. Shepherd to the engineer."' J will show that some of the final vouchers were smaller than those. Where is my voucher-1)ook, Mr. Mat- tingly ' You had it last. Mr. Mattingly'. I have it here, if you desire it. By Mr. Hubbell : Q. I would like to ask Mr. Cluss a question on this. [To the witness.] How long after this estimate was made by Mr. Oertly before your atten- tion was called to it '. — A. It was some time afterward. (}. About how long .' — A. Well, a couple of weeks, I should think. Q. Hid you at that time think it was an overestimate ? — A. Mo, it is not so big an overestimate that J could have noticed it. If, for instance, there is s;;4,0()0 ]»artial estimate and the final estimate comes to only i<;j;5,0()(> or >«;i2,.")()0, the difference is not big enough so that I could be called upon or would be liable to find it out. But I just instance that to show the inexact way of doing things. Q. All the point you make there is that it is an irregular way of doing the work ? — A. l^es, sir; that is my whole comjdaint. By .Mr. :\rATTlNGLY : i). Did not either Mi\ J5arney or .Mi. Oertly make all the i)aitial meas- urements ! — A. Never without my knowledge, except in these cases of Mr. Evans and Mr. Gleason. Q. Did Mr. Barney make partial measurements? — A. Yes, sir; but he alwavs showed them to me. 2206 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Were they not paid on Mr. Barney's certificate ? — A. Yes, sir ; they were sometimes. By the Chairman : Q. Mr. Cluss, let me ask yon a question abont this : Do you call that an estimated [referring to document.] — A. Yes, sir; all tliis work has been ])aid for. Q. That is not my question. Do you call that an estimate"/ — A. No, sir; I call it a very careless way of doing business. Q. Is it an estimate f — A. It is so considered by the auditor. Q. It is not under any of your forms ? — A. The auditor has taken it, and has paid it. Q. Not at all, as appears from that paper. Do you know that that estimate has been paid ? — A. It shows there. Q. Do you know that it has been paid ? — A. I have looked in the treas- urer's report, and I find that money has been paid on that. I could not recall the columns. Q. Do you mean to say that from that paper the estimate there has been paid by the auditor ? — A. That is my best impression. Q. Read, and see how much was paid upon tliat estimate by the audi- tor?— A. Audited for $85,000. Q. Read the whole paper. [The witness here read indorsement of September 2, 1873, as follows :] [Second indorsement. | The following work has heeu completed by John 0. Evans, esq., viz : Monnt Vernon Square, flagging complete $29, 665 20 Scott's Statue, flagging complete ) concrete, complete S 51,672 15 brick pavement, complete ) P-street circle^ flagging complete 10, 494 00 Triangular reservation west of P and Nineteenth-street circle, flagging, concrete, and setting curb, complete 11,254 00 Farragut Square, flagging, complete &, 243 40 Seventeenth street, norhwest, from New York avenue to B street north, concrete, curb, and filling, complete 41, 960 88 Fourteenth stret west, from B to B, flagging and Belgian pavement, com- plete 60,913 50 Twelfth street west, from B to B, flagging and Belgian, complete 61,756 50 Seventh street west, from B to B, flagging, complete 28, 797 30 Complete work 304, 736 93 Partial estimate of work on B street north, from Twelfth to Seventeenth, flagging and Belgian pavement 70, 000 00 274,736 93 Most respectfully, B. OERTLY, Septmber 2, 1873. Deputy Engineer. Q. Now, I see this paper on one side of it is for $374,736.93, and on that side is an audit amounting to a little over $100,000. I want to know if it is from this paper that you say the $374,000 has been paid ? — A. Two similar vouchers were passed like this — that in the aggre- gate. It is always our way of business to carry one forward from the voucher. Q. Wait a moment. I only want to get at the fact. What you mean to say is that the previous partial estimates and payments, and this $85,000, made $374,000 ?— A. Not exactly. I could not say that, you know. Q. Well, that is what I want to get at. TESTIMONY OF ADOLF CLUSS. 2207 By 'Mv. .AIattingly: Q. Do you not know it does not .' — A. ]\Io.st likely for the exaet set- tlement he would wait for the linal voucher. By the Ciiair:max : Q. AVhat we want to get at is this: You present this as a \'oucher, as an estimate, and we want you to show us how it ajijiears from this that 8374, ()(K) were paid, because it appears on one side of this pai)er that only ssr),(l()0 was paid. — A. If that is the case, then I have to ask for the informal voucher of July 1', and then for the informal voucher of July -0. There are two informal vouchers which will make the total amount. The Chairman. Let those be produced. By Mr. ^rATTiNGLV : Q. Final payment for that was made on the tinal voucher ajtproved by you * — A. Yes sir. By the CiiAimiAN : i}. Then that is not a hnal voucher ". — A. Xo, sir; but it is a voucher on which money is i)aid, and which ought, in my opinion, to go through the regular course of business as soon as the others. By Mr. Stewart : Q. Is that the one that you said was fraudulent? — A. O, no. Q. Has there been a tinal settlement f — A. Yes, sir; here they are. By the Chairman : Q. This particular street? — A. Yes, sir; exactly. By Mr. Stewart : Q. For this same thing can you show the tinal settlement? — A. Yes, sir. Q. Who certified to the final settlement ? — A. I did, sir. I certified to the final settlement. Q. The tinal settlement on these were correct ? — A. The figures were somewhat changed. My impression is they were brought down in several cases, about a 81,000, perhaps. Q. I mean the final settlement was correct ? — A. Yes, sir. (^. Then John O. Evans was not overpaid in this matter ? — A. He was paid what they agreed to pay him. Q. I say he was not overpaid beyond his contract in the matter ? A. Not beyond his contract. Q. There was no fraudulent measurement in this transaction .' — A. I have said that before. i}. Then what you complain of was that -"Mr. Oertly made the partial measurement ?— .V. Yes, sir. Q. And that they i)aid money on his partial measurements ? — A. Y'es, sir. (.}. Hut when you come to make a final settlement, it was submitted to you, and it was correct ? — A. Yes, sir. Q. Was anybody injured by the transaction at all ? — A, It is an irref*- ular i>roceeding. Q. 1 mean was there any injury ? — A. I have not complained of any fraud so lai-. I have complaiiuid of the great irregularities that existed in our office. Q, The irregidarities that exist in Mr. Oertly's makingjthese measure- ments ? — A. Well, in many similar cases. 2208 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q, Well, I am speaking- of this particular trausactiou. You say it was referred by Mr. Shepherd to Mr. Oertly ; the paper shows that it was to Mr. Oertly aud to Mr. Barney. — A. Yes, sir. Q. They were the men iu your office who were doing the work, were they not? — A. Yes, sir. Q. When that was indorsed that way, it was sent to your office, I suppose ? — A. JMost likely iu those cases, and iu a case like this, Mr. Evans himself Q. What is the fact ; do you know anything about the fact in this case ? — A. It did not come to the office in the regular way, otherwise I would have known it. By Mr. Mattingly : Q. Eefer to the record. — A. Here is the record. I have it here. By Mr. Stewart : Q. Is there any note of this coming to your office ? What was the order of the board f Is there anything in the record to show that 1 What have you iu your hands ? — A. I have here the record of my office. Q. What entry did you make? — A. "August 28. John O. Evans asks estimates for the following work done under contract with the board of i)ublic Avorks." Q. That entry is spread iu full upon your minutes ? — A. Yes, sir. Q. When this order to have the survey made by Mr. Oertly and Bar- ney was indorsed by the vice-president it came to your office and was spread ui)on the books'? — A. Yes, sir ; it is marked here "informal." Now, I think w here $374,000 of public money is invested, matters aud things ought not to be passed so informally. Q. It is marked "Informally'?" — A. Yes, sir. Q. When was that mark made"? — A. At the same time. Q. Then it was not secret at all ? Y'ou knew all about it ? — A. No, sir ; I did not until some time after. Q. Were you not in the habit of looking over this book ? — A. I have told you before that I looked occasionally over those books; not every day.' By Mr. Hubbell : Q. Was it not your duty to examine that record all the while, to know what was being done? — A. Yes, sir; to be sure, I did so; but I could not look over it every day. By Mr. Stewart : Q. How soon did you see this when it was spread on the books in your office after it was done f — A. Shortly after. Q. When you saw this upon the book in this way, was this word "In- formal" written there when you Urst saw it? — A. Yes, sir; I think so. Q. By whom was that written "1 — A. Most likely by the same clerk who wrote the whole transaction here. Q. The clerk who entered it? — A. Yes, sir. Q. What clerk entered it ? — A. I think it must have been Mr. Stim- son. Q. Did he call your attention to it at all? — A. No, sir. Q. But you saw^ it a few days afterward? — A. Y^es, sir. C^,. When you saw it a few days afterward entered on the books, did you find what had been done — if the surveys requested there had been made ? — A. I spoke to Mr. Oertly about it, and told him that he must TESTIMONY OF ADOLF CLUSS. 2209 not do this aji'niii. I proliibitod him from (h>iii,n" work coiicoah'd from uw — official work. (J. Was tliis conceakMl 1 — A. In a work like this I expect that any one of my assistants inform me what was goin^" on. (;>. Was it not spread npon the records in your office before the snr- veys were made '! — A. After the snrveys, do yon mean ? Q. Well, at the time, was there any concealment about itf Here it is dated 2Sth of August. — A. Yes, sir; and here again. Q. Was not this entry made — the request of John O. pjvans put here — on th(^ 28tli of August, wheu this was received ? — A. Well, it might have been ; you see that is the date of the paper ; it does not show the date of the entry ; it might have been entered several da>s afterward. The date of Mr. Evans's letter is shown here; the date of the entry is not shown. (\>. If a pai)er came into your office informally, whose rbid the auditor to pay in full on partial measurements"? — A. Yes, sir ; but it is one of those rules which are as sacred in their violation as in their keeping. Q. More honored in the breach than in the observance, eh ? — A. This rule is on the record ; but then you will, by looking over the records, TESTIMONY OF ADOLF CLUSS. 2211 fiiul that ill many cases — as, for instance, when I examined that case of Connolly, on Mass ichnsctts avenue, I believed that those were all 80 per cent, retained, 1 found that he had been paid in full in every jiartial measurement. Q. (Handing voucher to witness.) la not that approved by you ? That is your .'.iguature, is it not I — A. Yes, sir. If you would have brought the whole transaction, you would have found that all the par- tial measurements had been paid in full instead of retaining 20 [ler cent., as was the usual case. We had nothing to do but to say that this is the amount stipulated by this commission for assessing damages. We made it out iu good clerical shape. By Mr. Mattingly : Q. That is the tinal voucher on which payment was made! — A. Yes, sir ; that is the flnal voucher. Q. And it is approved by you ? — A. Yes, sir; according to the award of the commission. It certities that this corresponds with the award of the commission. Q. Here is the letter which you have stated was private correspond- ence between the vi(;epresident and Mr. Oertly. — A. I have said it was a correspondence private from me; that is what I mean to say. Q. You did not say so on Wednesday last? — A. Very well. [The witness here read the following letter :] Board of Public Works, District of Columiua, iFmhingtOH, January 7, 1873. Sir : General Babcock, by the law, is requested to prove the prices paid for the work (Idue around Goveninicnt property. In order to do tliis ho must have the iieces- ■^ary iiit'oriiiatiou. and you will take a copy of contract for (^ach particular description of woik included in said bill and deliver in person to hiui this evening. You will also furnish him with such other information upon the subject as he may require. After he is through with them return them. Very respectfully, ALEX. R. SHEPHEED, Vice-President. Mr. Oertly. [True copy.] The Witness. That shows that this application, which was paid ou the 12th of January, 1873, was taken in hand first on January 7. It was done without the knowledge of the engineer iu charge by one of his assistants acting under the direct orders of the vice-president of the board. Governor Shepherd. The measurements by General Babcock, as I stated, were begun on the 23d day of December, three days before Mr. Cluss was appointed engineer of the board, and Mr. Oertly was detailed for that puri)ose. The Witness. On January 7th Jiy Mr. Mattingly : (}. You said this morning in your opening statement that considera- ble prominence had been given to your testimony. Did yon not natu- rally su[>i>ose when, as a member of the boaid of imblic works, yon took the stand and made the statements that you did, that prominence would be given to your testimony ? — A. Yes, sir ; I did. Q. You appreciated that fully, did you '. — A. I said the ])rominence given to my testimony in relation to tiagging. (i. Then you do not mean to be understood as saying or implying that any undue prominence has been given to your testimony in any other 2212 AFFAIRS IN THE DISTRICT OF COLUMBIA. respect?— A. I had just this point in view. I do not say whether or not that is my view of other matters. By Mr. Hubbell: Q. 1 did not hear what you said, sir.— A. I jnst had this point of tlaogiiio- in view, of which the counsel has made so much. I thouo-ht that 111 justice to myself the whole truth should be known. My reputa- tion for many years is at stake, and I believe that the technicalities of counsel yesterday tried to take this hard-earned reputation from me. ' By Mr. Mattingly : Q. When, as a member of the board of public works, you took the stand, and under oath made the statements that you ,0(>0 bade. (^ Has there been^iny final settleisient ? — A. That is between the treasurer ami the auditor ; the vouchers have lelt my oflice. Q. Has there been any final settlement if — A. Ask the auditor, Q. Do you not, as a mend)er of the board of i)ublic works, know whether there has been or not'/ — A. 1 know tiiat a final settlement has been made, or rather is being made — is in i)r<>gres.s — u[K)n these vonrhers of Mr. Forsyth, and not ui>on any signed by myself. (^. Has any final s<'ttlement been nuide ? — A. The final settl(>ment has not been ac(;omplished yet lor the reason that a good many ot the. roads of this iOvans Concrete Com[)any are out of order and want to be juit in repair. Q. State whether you ever received that letter, [referring to leltcr,] — A. I remember to have received the letter; but this refers to an insixM-- tion of work, and not to measurements. 2214 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Mattingly. The letter reads as follows : fMark replj No. 7127, vol. 3, 1873.] Board oi- Public Works, District of Colu.mbia, Washington, August C>, 1873. Sir : I am directed by the board to request you to at once make a tborougb inspec- tion of all work done by the Evans Concrete Company, and report what is out ol order and wliat is necessary to be done in defective work for it to accord with the specifica- tions of the contract. Very resijectfnlly, CHAS. S. JOHNSON, Assistant Sccrctarg. Hon. A. Cluss, Engineer in charge. True copy. Chief Clerk. The Chairman. I want to call the attention of Mr. Cluss, Mr. Mat- tingly, to one matter here. On the 22d we received this telegram : Nkw York, May 22, 1374. (Received 1.06 p. m.) To the Chairman District Investigation Committee : Learning that your engineer has reported that in no case has he found the measure- ments of the board correct, or less than they should be, I would respectfully ask, if consistent, that you appoint auy competent engineer to remeasnre with me my entire work, at my expense, as I want not one cent that has not been honestly earned. C. E. EVANS, President Evans Concrete Company. I mention that, in justice to Mr. Evans, I received that telegram three or four days ago. Of course, he is in error in the first part of it as to what has been testified to by our eugiueer. But you will see, Mr. Cluss, that he proposes to have any of his work measured at his own expense. The Witness. O, yes. In this whole concern of the measurementsot Mr. Evans I have not charged fraud. I have charged irregularity and the impossibility for an engineer to do his full duty, if those irregulari- ties occur every day. I have not charged any fraud. In the com- plicated business which we have liere, it is impossible, unless the engi- neer in charge is posted about all the little details of what is going on, to get on. By Mr. Mattingly : Q. Do you not think that the whole tenor of your direct examination was to produce the impression that you were making serious charges of fraud ? — A. In all the facts I speak about irregularities. If anybody im- plies fraud, it is the facts which bring it out, not by my humble person. I have re[)orted the facts. Q. Do you think the facts as stated bj' you, and as reported as testi- fied to by you, would naturally cause any one to infer fraud f — A. It is not for me to draw inferences ; it is not for me to indict or acquit. I re- port the facts, and it is for the committee to draw conclusions. Q. It is for you to produce impressions acccording to the mode in which you testified ? — A. I have my tables here, sir, and I am ready to be tried on them. If on one avenue I find among my records $9,000 have been paid to a contractor, and I find in the Governors Answer that $10,000 have been charged to the Government, it is my duty to re- port fearlessly, and I will do it. Q. Did you do it? — A. I have this complicated machinery for finding- a letter according to the way they do business in the board of public TESTIMONY OF ADOLF CLUSS. 2215 works, 1 would get it in a minute, but tliey have it in tliis way. Here is a gentlcnian, not exactly in eharge of tliese books, but connected with the oilice. But I say their system is so complicated that if you want to find a single reference to a letter of August (>, you have to waste your time for ever so long. And this is the troul)le. Q. Did you not have control of the macliinery by. whicli you (jould enter letters and answers that were made, so that you could tiiul them ? — A. I have tried as mucli as I could to keej) in the old (;hanuel, because the board did not want serious changes. That originated by the l)oard. Q. Did the board ever order you or anybody in your ottice not to make any cliauges in the operations of the oftice as to tlie tiling aiul recording of letters? — A. No, sir. Q. Then this is the fault of the board that your clerk cannot tind that letter I — A. It is the fault of the organization of this oftice. Q. It is not your fault ? — A. No, sir; not quite. Q. Nor the fault of your clerk '? — A. If I go to the auditor and want a single bill, it is the same thing as here. Q. O, I reckon not. — A. Tiiey look in all the jii^eou-holes until they can find one. I do not say that there is any fraud in it, but I say that there is that difficulty of the control of such a system. Q. Do not you think it is a little singular now that letters whi(!h you have called for duiiug the course of your testimony this morning and papers, even after they have been brought here, can be produced so read- ily ? — A. I have not l)een shown Mr. Shepherd's letter to ^Ir. Oertly about that 3J:-cent fiagging. By Governor Shepherd : Q. We will have it here if such a. letter is in existence. The other things that you called for were brought here, were they not ? — A. I had to wait long enough fortius voucher. Q. You did not wait five minutes? — A. I have asked for the papei's on flagging. Where are they ? Mr. MattinGtLY. Now, to go on with this Evans Concrete Company jiavement business, here is the certificate of measurements signed by Mr. Barney and yourself, of Connecticut avenue, northwest, between H street and P-street circle. That is your signature, is it not? — A. Yes, sir. Q. Is ]Mr. Forsyth responsible for that ? — A. No, sir ; not for this one. It seems that a couple of my measurements, and most likely you will find some more measurements done, for instance. K street, whicih I re- member to have signed; but this was for work finished after ^Ir. For- syth had finished his work. ]Mr. Mattingly. Yes; I will show you one after a while where you have made a mistake of •S10(),()U(). The Witness. Produce it. Mr. Chkisty. I shall certainly ol)je(;t to these commentaries of coun- sel as to the facts that he expects to prove. Mr. Mattingly. If Mr. Class will answer the (pu'stions plainly we will get along. Q. I find here charged 3,310 feet ofcir(!ular curbing. — A. I will lind the co])y, most likely, from which it was made from Forsyth's xoiu'lu-r. I think Mr. Barney, i)erhaps, committed that imprudence of c of indorsing I)()tli of them. Is that it ' — A. I committed the imprudence of not going upon the grouml and imtting a straight-edg** on it. Now, here is the \.te Company, and knew nothing about it, yon meant to say that you had nothing to do with the measurements which were made, after you had certi tied to tliem, by Mr. Forsyth? — A. I had reference to that big settlement of the whole of the Evans con(;rete work. Q. Why did you not say so ! — A. I miglit not have fully expressed myself. It was only an error of omission. I referred to the main part of the work. Q. Here is another, Mr. Barney and Cluss, December, 1873. Is that the same ? — A. That is the same. I just say you are wasting the time of the committee. I have explained that the orders of Mr. Forsyth were Se[)tember, 1873. How could he measure under his orders to re- measure all work which was not commenced ? By Mr. Hubbell : Q. What is the amount of the voucher? — A. There is a property ac- count against it. From all I can find it is $1,862. It is for work in Q street, between Nineteenth and Twentieth. By Mr. Mattingly : Q. The total amount of the bill without the deduction is 83,200, I thinlv. — A. These bills are not so simple. You have to look a little closer. Y'ou will always iind, for instance, that there are a thou- sand feet of curb charged at $1.12, making 81,420, but at the bot- tom of it, 81.12, or 81,120, is adopted ; so that, in fact, this voucher is big, so far as the property-yard is concerned, but small, so far as the contractor is concerned. He takes a 1,000 feet curb from the property yard and is cliarged 81.12. Afterward he sets them and gets 31) cents a foot for. setting. In his bill he is charged with 81.12. Tlien after- ward there is 81.12 deducted. So these vouchers do not show always on tlie face what they actually were. On that account I am slow to an- swer such a question. It is easy to get into confusion. IMr. Mattingly. There are a number of others of the same sort, but I will not bother you with them just now. Mr. Hamilton. There is no dispute about this, I think. By Mr. Mattingly : (^. There has been considerable ill feeling between you and Mr. For- sytii? — A. None whatever; I like the old gentleman, sir ; but do not like his l)lunders, and in this, of course, I separate entirely the official j)Osition from tin; person. Personally I have always been on the very best terms with him, but where oIlMMal duty intervened it was dilferent. Q. Then there has been no ill feeling Ix'tween you? — A. None that I (;an say. I have been on the best of terms with him. Whenever I l)assed by his house, his wife asked me to take a drink, and I did it. (}. Yon said here the other ^ated that he called the meeting for the purpose of considerincr SL^ f1 ^^Tt- T^^yl^r. and Filbert for an incre^ise in price of gradi.^g done by them on i street between Ninth and Fifteenth streets, in conseqnence of lowering tlie railxoad-track and the nnnsual ditticulties encountered in the prosecution of the work ; linn JZ H/!,"^!*^^"'*' ''^^"^""e, Tenth, Thirteenth, and I streets. Upon the recommenda- tion ot Mr. Clnss It was determined in the case of F street to allow them fifty cents per yard tor the whole amount of grading, not deducting the customary two feet, and fifty cents as a fair average for haul. Action on the other streets. Viz: New Hami)shire avenue, I enth, 1 hirteeuth, and I streets was deferred to some future time. CHAS. S. JOHNSON, Secretary. A. I wish to say that similar applications for increase of work were made. I would say, for one, the North Capitol street sewer— the board were a couple of times Q- I tlo not mean to insinuate at all that it was not proper that that should be done.— A. I stated the other day that I did that on account ot the difficulty of dealing with such things, and it was done. I am ri^%y ^® *'^^^® ^^^ responsibility for whatever I am responsible for. Q. This certificate of yours as to the increase in the Evans matter bears date December 2i, 1872.— A. It shows I was not a member of the board. Q. You had been a member of the board for two mouths.— A. Please bring that letter ; I want to see it. TESTIMONY OF ADOLF CLUSS. 2221 Mr. Stewart. The original letter was put in evidence, and is in the custody of the committee. The Witness. It was so long that it was my certain impression that it was before I was a member of tlie board. Governor Shepherd. Tiie oflicial record shows that he had been a meml)er of the board for two months. The Witness. I was not in charge of the engineer's oHice then. It was in the tirst six weeks when I was a member of the boarage 2080 of your testimony, in speaking of the nunisurements of work done by Albert Clk^ason, the measurements made by Mr. Oertly, and of the work on south E street, the question was asked, " Do you know whether they were correct or incorrect measurements; what is your oi)inion, as the chief engineer of the board '! — A. i\[y oi)iuion is that they are gross outrages. — Q. That they were excessive measurements ? — A. Well, more than that ; more than excessive measurements. — Q. That they were frauds? — A. 1 think so; at least the one 1 mentioned and asked the committee to look at.'' That was south E street, was it not"? — A. Yes, sir. Q. In which you sav the measurement was a fraud — so excessive as to amount to a fraud ? — A. That is what I mean to say. Q. The allowance for that was $17,000!— A. Yes, sir ; $17,765.25. Q. At the time you werii testifying what do you think would have been a i)roper allowance for the amount of grading done there ? — A. 1 was only i)ositive that this was a good deal too much. 1 understand that a measurement was made yesterday which will foot up to 84,500 less than what has been paid. Q. I asked you at the time you were testifying, when you pronounced this so excessive as to be fraudulent, what did you suppose for the time wouhl have been a proi)er allowance ? — A. Ithougiit it was too much. I say thai the street was graded through one scpiare, ami Mr. Albert Gleason and Mr. John O. Evans — they afterward went below grading for the purpose of making sand pits and using this sand for paving [)nr- l)oses. Being upon their line, tiiis was a monoi)oly to them, and, in my oi)inion, the sands which tliey appropriated there ought to be charged against tiie money that they received fr(jm the street. 1 farther thought this was Q. Now, Mr. Class, you can answer that rpu^stion. Can yon tell me, at the time when you testilied that this measurement was fiaudnlent, what, in your opinion, at that time would have been a proper allowance for grading done on that street ? — A. I know to day [)ositively w hat it is, and so, of course Q. O, I understand that. .Aly (jiiestion is, what was your opinion at that time? — A. That it was mucli, too mu(;h, a good deal too much. The Chairman. (^. Can you not answer tlie (piestion ? — A. I cannot, sir. I know nearly $18,000 "was paid for that, and 1 know it was much bevorul the limits. 2222 AFFAIRS IN THE DISTRICT OF COLUMBIA, Q. Did you, or did yon not, make an estimate of it yourself? — A. O, yes, sir; I did, a general one. Q. Then what was that estimate ? — A. I think I have some note about it; it would be difhcult, however, for me to hnd it just now. I tind that this one square, where the work was mainly done, was'SiO feet long aud 90 feet wide, and such a square, if excavated one foot deep, would make 1,134 cubic yards. To make this quantity come out, I have found that this had been charged at the rate of 30 cents a yard for excavation, and 45 cents a yard for hauling to the canal ; so, in order to get the quantity out, I was sure that this was an overpayment ot, perhaps, in my opinion, from — about tw^o thirds of it, of what was actually paid, would have made enough. I took the measurements, and said, " How high have I to go up in order to get the sum of 817,000 ? " By the Chairman : Q. You are testifying from a memorandum ; when was that made ? — A. It was made before I testified here. By Mr. Mattingly : Q. That was a i^artial measurement, was it not 1 — A. It was a partial measurement. This is a partial measurement this day ; it is a partial measurement which was in fact a final measurement, because, as 1 have said before, and this is just the objection to this very voucher, that Mr. Oertly has in a couple of days measured about fourteen streets. One of them I found by looking over — Maryland avenue, from Seventh to Eleventh street, grading, $1,582.00 — I found that a contract was only given Mr. Gleason August 29. I thought that if, on two days later Mr. Mattingly. Will you answer my question without branching off into something else, or not ? — A. Well, what is it ? Q. I asked you whether this was a partial measurement? — A. It is so this day, and he is paid in full for it instead of 80 per cent., and there- fore it is a final measurement, because it appears that he has been paid in full. Q. He has been paid in full, has he? — A. It appears so; I am not positive about that. Q. That was what you stated the other day, was it not ; that he had been i)aid in full and that was one reason why it was a final voucher, because he had been paid in full for the amount of that voucher, and it was more tlian the work would have amounted to, and, therefore, he would not api)ly for any final measurement? — A. Mainly. Q. Tnat is the idea, is ir not? — A. But it is very uucommonjto wait eight months and not touch anything. Q. Do you not know that 88,000 has been retained from Mr. Gleason on that ? — A. I do not know it ; no, sir. Q. Did you ever take the trouble to inform yourself? — A. I did the best to find what I could out from the oflicial papers. Q. J)idyou go to the ottii^ial papers to find out whether Gleason had b3en paid in full for that measurement ? — A. The (question for me was that it was a fraudulent measurement of 817,700 for work which was sent down to the auditor Q. That is not the question, sir. Yon stated that that was a partial measurement; that it was not only excessive — that excessive was not the term for it, but that it was fraudulent, and that, while a partial meas- urement, it was in fact final, because it was excessive ; that Mr. Gleason had been paid in full ; had received more than it would measure, and, TESTIMONY OF ADOLF CLUSS. 2223 therefore, lie would never apply for a fmal nieasnrcmcnt. — A, I wisli to read my testimony to refresh my memory. Q. Did you not say two minutes a^o that that was what you said ? — A. No : I did not. Q. Xow, I ask you this ([uestion ! — A. \Vell, I want to see the testi- mony before you ask me any other questions. I see here, " I wish that the committee in full or a sub committee should go to E street south- east, troni " Mr. HU15RELL. Do not read; we have all heard that testimony. I After some little discussion as to what had bctui stated by the witness, ]Mr. \Vilson said :] Mr. AViLsoN. ]\Iy recolleetit)n was that ^Nlr. Cluss was not asked any- thing- about the payments, but only as to measurements; I do not think he said anvthiuo- about the payments, and I do not think you will find it in liis testimony. By :\rr. jMattingly : Q. If a man applies for a partial measurement, and gets it, and after- Miird a[)plies for a final measurement, is the work finally measured; and if there is any error in the partial njeasnrement, is it corrected ? — A. Yes, sir; it is corrected. Tlie partial measurement is always expected to be less than a final measurement. A\'e are never expected to be thousands above the final measurement. 1 understand this work was measured yesterday. 1 would like to hear the result. By Mr. Wilson : Q. By whom ? — A. By Mr. Barney, under the orders of the governor. I am informed that it foots up about four thousand and several hundred dollars less than Mr. Oertly's paper calls for. Mr. Barney, under special instrucrions of the governor, has gone over that measurement, and has it now here. I asked Mr. Barney to give me a copy, and Mr. Barney said that he had measured it, and Mr. Oertly was nearly crying on ac- count of the position that he was [)laced in. Mr. Mattingly. Mr. Barney's measurement will be put in. The Wit>;ess. Is it here ? ^[r. Mattingly. 1 have it anu)ug my pa[)ers; it will be put in. By Mr. Mattingly: Q. Do you know wherher Mr. Gleasou has been paid on that measure- ment or not? — A. I do not. Q. Do you know whether Mr. Gleason resumed work on these streets referred to ? — A. I have watched that stre(;t for a length of time, and he has not been there exci'pt perhai)s to take out sand for his [)rivate l)nr])()ses. (}. Did he not resume work there, and was he not stopped there by your order ? — A. I do not reuu'ml)er that. lie commenced there with- out my orders. He (M)mm(Miceil this street on direct orders from the vice-i)i-esident, and I thiidc I have a not(! of it here somewhere. A cou- tiact was given to him, and this contra<'l — he never ai)i»lied at the engi- neer's oflice for anything. After six weeks, when the contract was in his hands, he received orders direct I'rom the vice-president, without gradiugs or stakes, and without giving us notice, and went in and went to work. By Mr. Wilson : (}. Were the cross-sections of that street taken before he commenced work there f — A. >"o, sir. 2224 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Are there any data in your office by wliioh you can make an accu- rate measurement now of that street ! — A. Mr. Barney reported to me last nijfht when I asked him about this that he had been making these measurements yesterday and done everything to favor Mr, Oertly's measurements, and brought it up to about four thousand and some dollars. Q. Is there that iu your office which will euable an accurate measure- ment of that street by him ? — A. ^STo, sir. Q. Why not ? — A. We have been making cross sections of streets that we thought would be of use, but this is such an out-of-the-way street that it would be the very last street to go to, if we were going all over tlie city. Q. Did you have any notice, in advance of Mr. Gleason's going to work on that street — that he was going to make an excavation on that street I — A. I had notice that he had a contract, but no notice that he was going to work under it. He had half a dozen streets, I believe, or several of them, at the same time. The Chairman. Mr. Mattingly, if you will turn to page 209.5 you will see Mr. Class's statement in reply to one or two questions which I asked him. They read as follows: Wheu you discovered that Mr. Oertly bad made a partial estimate there for Gleason, asgregatiug, &c. That is all I find that he has stated about payment. Mr. ^Mattingly. T had the impression on my mind that he had testi- fied that the money was i)aid, and what produced the impression is this, at the bottom of page 2081. I intended asking Mr. Cluss about it. The Chairman. I asked Mr. Cluss this question : Q. Do yon know whether a certificate was ever issued for that? — A. I have noticed iu the tri^asnrer's statements, published iu that report for 1873, that amounts corre- sponding to those were paid. I think that is all there was stated about that, that left the fair imi)li- cation that the whole sum had been paid. Mr. Matting-ly. Yes, sir; I was fortified by that at the bottom of page 2081, where he says that Colonel Magruder had been waiting hardly until the ink was dry to take the voucher off. By Mr. MATTINGLY : Q. Relative to this matter I understood you to sa^^ that when you ascer- tained that these excessive and fraudulent measurements had been made you did not report it to the board because you were waiting for the final vouchers to come in ? — A. Yes, sir. Q. Tliat is correct, is it ? — A. Yes, sir ; that is correct. Q. And therefore you took no action about it because no final voucher had ever come in f — A. No, sir. Q. That is correct"? — A. That is correct. I did not take any official action. I had it in my mind. Q. Have you not since that time approved accounts for Mr. Gleason ? — A. Do you mean other accounts *? Q. Yes, sir. — A. Yes, sir. Q. Did you make any mention of these measurements at that time'? — A. i did not. Q. Why did you not ? — A. Well, because his work is always proceed- ing. He does work now at present, most likely to this day, to the best of mv recollection — some work on Fourteenth street. TESTIMONY OF ADOLF CLUSS. 2225 Q. But then you had the idea of this excessive measurement in your mind ; you had the further idea that the measurement, althou.nh a par- tial me:isnvement, was hirger than the final measurement would be; why did yon not, when he came in and when you were measuring other work for him, correct it ? — A. liecause as a i)ublic officer I had ulterior views; I did not want to pluck the fruit before it was ripe. 1 thought the time would still come when 1 could vindicate public honesty. 1 wanted to take my own time for acting on it. I should certainly not have failed to bring it up at the time when it should, in my judgment, be pru[)er. By Mr. HuBBELL : Q. You think the fruit is ripe now, and you are going to pluck it? — A. The time would have come, sir. By Mr. Mattestgly : Q. Since that time have you not, from time to time, approved the measurement of Mr. Gleason's work that has come to your office? — A. Yes, sir. Q. Have you yourself given contracts to Mr. Gleason since that time ? — A. 1 could not answer definitely ; as a general thing, the vice- president, as 1 have stated before, gives out all the contracts. There might have been, perhaps, a small, unimportant work, especiall3' in the present state of affairs, when we have to beg men to do the work. Q. State whether you did or not, without that long explanation. — A I do not recollect. Q. Y\)u may have done so so far as you recollect now? — A. might and might not. Q. Then you approved every voucher of Gleason that has come through your office since that ; you have yourself given hiiu a contract, and you made no eflbrt during the whole of that time to correct this fraudulent measurement because the fruit was not ri[>e yet ? — A. Yes, sir. Q. That is your reason for having acted as you did ? — A. Yes, sir. (^. On page 2082, in your tablular statement there as to sewers, have you included in that statement all brick sewers charged to the Govern- luent at s4,70? — A. I am Q. Now, just answer the question, if you please. — A. I cannot answer this question directly. Mr. Christy. JJe says he cannot answer it directly. The Witness. Xot directly; 1 can answer it. The Chairman. You can say whether you know or not. The Witness. I know that there was a claim before Congress for main sewers, and tlierefore, when Mr. Oertly in his statement, which is oi)posite to mine, when he calculated the price of small and ])ipe- sewer, included shorter or greater lengths of main sewers, even going in the cost as high as over a hundred dollars per foot, then, of course, I left off, because 1 knew that there was a claim against the Goxciiiment, put in by the board of public works, and I knew further that if this sewer had not all been charg«'d to the Government yet it was only because there was no appropriation lor it. The fact that these sewers liave mainly been charged not under the head of .$1.70, but at their actual rates and the like, was snflicient evidence for me that 1 had, in order to get an honest price for [>i[)e-sewers, to leave oil these main sewers. Q. Turn to page 2084. At the bottom of the i)age Mr. Wilson ]iur this question to you : " Do you know how the skating-rink was Idled 140 DOT ' 2226 AFFAIRS IN THE DISTRICT OF COLUMBIA. and wliore tlie earth came from ? — A. That was done before I was a member of the board." What skating-rink had you allusion to ? — A. Most likely I alluded to the skating-rink where you most likely have been skating and myself and many others a couple of years ago. I do not remember the exact limits. • Q. Most likely you alludedfto that? — A, I did not alluded to anything. Mr. Wilson alluded to something. Q. Mr. Wilson asked yon: " Do you know how the skating-rink was filled, and where the earth came from f Your answer was : " That was done before I was a member of the board." You say that it was filled before you were a member of the board f — A. Yes, sir; if it was filled. Q. Now, I ask you what skating-rink did you allude to ? — A. I alluded to the skating-rink which every boy in Washingtou City would have alluded to tvio or three years ago. Mr. HuBBELL. Describe it, so that we can understand it. Mr. Mattingly. There are two here. The Witness. It is on the river's edge, somewhere betweeu Seven- iteenth and Twentieth street north ; I could not say the exact location. By Mr. Mattingly : aii Grounds ? The Witness. Yes, sir ; that is it. ,. „, r 1 1 i ^i • Mr. Wilson. I certainly never heard that Mr. Shepherd had anything ^M?.T[ATTiNGLY. It seems that :\rr. Cluss did not refer to the same thing vou did : he referred to the other. The Witness. That shows the diiiiculty of a witness answering. Mr. Mattingly. Yes, sir; and it shows the- propriety ot a Avitness being particular as to how he does answer. , i ,r ^^ ^i ^i ■ Q. Ou page 2089, referring to the tables produced by Mr. Oertly, this question was put to you : , Q. You tbiuk bo has made those tables to conceal the truth rather than state it .-A- Well, I do uot say exactly that that is his object. Q. But that is the oiiect of it-to conceal the truth rather than to state it .-A. le,., '''l want to know what tables you alluded to; whether you merely re ferred to those tables relating to the sewer at S4.70 a toot, or to all the tables he had put in at that time?— A. No, sir; it was at S 4.-0 a foot. 1 think this is clearly stated here, and to justify his price in Si..O tor pipe-sewers, and this is my honest opinion. t ^ ^ i Q. And vou merelv had reference to these tables?- A. I stated so. O Amrthose tables are concealed so that you could not understand them ?— A. I could understand that the price was too much which was obtained, as an average, especially after 1 had gone through the exact process of taking the average of sewers actually built and nut of assumption. . .^, ^, . ^^ ^i ^ Q. Here is your certificate in connection with the increase ot the Evans Concrete Pavement Company ; is that correct .--A. >es, sir. Q. December 24, 1872 !-A. Yes, sir. " Respectful y referred to the inspector of buildings for his opinion." Xow, this is what I had n. view. 1 was not a member of the board, but inspector ot buildings ; and tluMi this indorsement led me unwillingly to think that 1 was not a member of the board of puldic works. You see it was referred to me as in- spector of buildings. Q. You were a member at that time r— A. L was. V,\ .Mr. Mattingly: Q. And had been lor over two months ?— A. Yes, sir; but this in- dorsement to the inspector of buildings misled me. [Counsel here pro- 2228 AFFAIRS IN THE DISTRICT OF COLUMBIA. produced the papers set out ou pages 423, 424, and 425 of printed record.] Tlie Witness. While we are speaking on this subject, there is one error which is apt to mislead very much here. I found it only to-day. On })age 2061 there ought to be " sodding," instead of " flagging." Most likely I spoke indistinctly. Q. If you will turn to the bottom of page 2051 the question was asked : Q. Are ^ve to iiuderstand you to say in regard to this letting of contracts that you were not consulted as a member of tlie board ? — A. Never. I wish to say there is one single exception, and this is as far as I remember. I weiifc some time in July of last year — I happened to go on business — to the private office of the vice-president, Mr. Shepherd. I found him there in consultation with Mr. Oertly, and, looking at what they were doing, I saw they were giving out contracts for main sewers. They showed me what they were doing, aud at that hour, I think it was — yes, it was then — that about a million dollars' worth of contracts were given out. I was present, but was not consulted but in one single instance. I remember I made an objection to the party who was to have this contract. Were not you and Mr. Oertly at Mr. Shepherd's office on that oc- casion by special request ? — A. Mr. Oertly may have been there ; I hap- pesied to drop in on other business. Q. Did you not receive a note from Mr. Shepherd requesting- the presence of yourself and Mr, Oertly there, with a view of talking over the matter of letting out the contracts for these sewers ? — A. No ; I do not think I received any notice like that. Q. You do not remember any such notice? — A. No, sir. If it was sent up to the board of public works' office it never was delivered to me; because I am positive about that, that I dropped in aud found the two gentlemen there. Q. You do not remember this : that while you and Mr. Oertly were there in the ofMce some three or four other gentlemen were there en- gaged with Mr. Shepherd on private business, and that after they got through then you, Mr. Oertly, and Mr. Shepherd went over the matter of these sewer contracts; do you remember that? — A. I do not remem- ber about the three or four gentlemen having been tbere. Q. Do you not remember you had to wait until they got through be- fore you could talk with Governor Shepherd about these sewers! — A. In the multifarious duties of one year I could not remember such an occurrence. The C11AIRMA.N. ]Mr, Mattingly, to refresh his memory, give him the names of the persons who were present f Mr. Mattingly. I do not know the names of those persons who were present, now, sir. Q. But you do remember, as I understand you to say, that you were only consulted on that occasion with reference to one of these con- tracts '. — A. The occurreuce is exactly as I stated it. I stated that I made an objection in two cases — at least, I mean to say that I made objection in one case ; the other, Gallagher & Co., I could not object to, because I never heard their names before. They are no citizens of the District. I did not know them as mechanics in that line; and so I thought the governor most likely knew them better than I. Q. Did not Governor Sliepherd on that occasion talk over, both with you aud Mr. Oertly, each one of those sewer-contracts ? — A. Well, they could not have let out §1,000,000 worth of work if each one of them had not been assigned ; each one of them must, of coarse, have been talked about — the length of it, the prices, and the desi»;nation by name. Q. And was talked about on that occasion I—A. Yes, sir; that was so. TESTIMONY OF ADOLF CLUSS. 22'29 Q. Th.it was so; then you were consulted about that? — A. Wvll, 1 was not consulted about that. I say just now tliat I would not, as a citizen of Washington, «;ive a contract of $330,000 to an outsider if there was a free and fair consultatiou about it. I have too much respect for the mechanics of the District. Q. Do I understand you to say that Governor Shepherd talked over the matter with you, as to each one of these sewer-contracts, on that occasion 1 — A. Sir ? Q. Tliat he did, ou that occasion, talk over with you the matter of each one of tliese sewer-contracts ? — A. My testimony is correct in that regard. Q. Answer that question, if you please. — A. Those sewers were taken in hand. There was uo talk about tluMu. The price was fixed, so much for depreciation of paper put on, and the name was put ou to it. Q. Was that all done there on tiiat day ? — xV. It was sent b.ick, no doubt, to the clerk's office iu the oflicc of the vice-president. Whether it took them one or five days after that to send out the notice, I do not know, sir. Q. Were you consulted about the price ? — A. The governor said : " Should I think is that a fair good price f 1 looked at the figures of Mr. Oertly — the figures, most of them, had beeu made by Mr. Oertly — I looked at the figures, and said, to the best of my recollection, it was 623 a thousand for brick and cement, and which, if they are well laid, is not too much. In one case only it was over. These prices, I said, were good, and were fair prices. I do not want to get out of it. I will take tlie responsibility. I was consulted about that. Q. You were ? — A. Yes, that is to say, about tlie price ; but not about the men who got the work. Q. Well, I understood you to s;iy, the other day, that when the differ- €01 1 contractors were named for the different work, that there Avas one name you did object to 1 — A. Yes, sir. Q. Y^ou made no objection to the others, did you? — A. It was noto- rious how the business of the board has been done. Q. O, answer the question. Did you at that time object to anybody else but the one that you had named ? — A. I did not consent. Q. Did you object ? — A. If silence — no, sir. Q. You did not object? — A. I did not object. Q. ^ow, there was one contractor to whom you did object ? — A. Yes, sir. Q. Who was that ? — A. Well, it is hardly fair that I put myself out Q. Well, you have already stated. — A. Well, it was T; footways around tho Botanic Garden, l)ut owin<5 to no prico bcinj;- pnt uiion tlio same I have not yet signod the contract. I desire to state that I do tlio jriadinj^, furnish my own sand, cement, jointing and sotting of the stone, in fact, everything witli the exception of furnishing tlie stone, which is the old flagging, taken from tho I'ost OlHco and Patent Olfice De- partments. My work is also somewhat retarded hy Mr. .Smith, Su]ir>rintendent of Botanic Gar- den, who desires two footways, of nine feet eaidi, on Third street, and two on Mary- land avenui', one of nine ami tlie other of tw(.dve feet. Mr. Smith's idea is to make au attractive luomeuado around tho garden, with two rows of trees on both Tiiird street and Maryland avemie. I have to request that the matter may be dehnitdy settled as speedily as [lossiblrt, so that I may not be delayed in the prosecution of my work. Verv respectfully, JOSEPH II. FLKTCIIEK. To the Hon. Board of Public Works. 2232 AFFAIRS IN THE DISTRICT OF COLUMBIA. BoAKD OP Public Works, District of Colujibia, Washington, Jugmt 6, 1873. Respectfully referred to Deputy Engineer Oertly, who will fix price for this work aud give the necessary directions. By order of the board, CHAS. S. JOHNSON, Assistant Secretary, The work done by Mr. Fletcher is the same as that performed in laying the flagging across the Mall, viz: jointing, occasional taking out of wind, furnishing sand and ce- ment and laying the flagging ; (hauling done by board.) The price fixed upon for Sev- enth, Twelfth, aud P'ourteeuth streets was 34 cents per square foot. Mr. Smith called several times on account of the double line of flagging on Third street, and I would respectfully ask for instructions in this matter. Most respectfully, B. OERTLY, Deputy Engineer. August 6, 1873. Respectfully returned to Deputy Engineer Oevtly, who will see Mr. Smith and say that the board has not the means to put down double lines unless he specially desires it. If he does, you will have it done. You will give the same price as has heretofore Ijeeu given for the same work. By order of the board. CHAS. S. JOHNSON, Assintant Secretary. August 8, 1873. I have the honor to report that I have seen Mr. Smith, w'ho insists on the double lines of flagging, the inner one sufficiently raised to aflord of a good view of the gar- den. The double line is only desired for Third street and not for Maryland avenue, aud inasmuch as the Government will pay for this work, the wishes of Mr. Smith ought to be complied with. Most respectfully, B. OERTLY, Deputy Engineer. August 13, 1873. By the Chairman : Q. Now, this seems to be a letter addressed to the board of public works by Mr. Fletcher f — A. Yes, sir. Q. In the ordinary course of business, where would that letter go ? — A. To the vice-president. i Q. Would it be opened by him ? — A. It would be oi)ened by him. Q. Would it be laid before the boai d ? — A. Not at that time. At that time it was not usual to lay these before the board, Q. At that time, was it the custom of the vice-president of the board or did he in fact open the letters addressed to the board of public works and ansNver them as from the board, without consultation with the board f — A. Yes, sir. Q. Or with any member of the board, to your knowledge % — A. To my knowledge, not any member of the board. Other members may have been consulted, but I did not know it. Q. Then, as a rule, you did not see letters adtlressed to the board of public works ? — A. No, sir. Q. And had no knowledge of their contents I — A. No, sir. Q. WHiere were these letters generally kept % — A. In the office of the vice-president. Q. Has the vice-i^resident an office different from the ofl&ce of the board of public works ? — A. It is on a different story. The engineer's office is in the third story, aud the vice-president's offices are in the second story. Q. Where is the office of the board of public works % — xi. The vice- TESTIMONY OF ADOLF CLUSS. 2266 president's private room is considered the ofllco of the board of public works. Q. Where should that paper be deposited ; in what office ? — V. Amon<>: the tiles of the vice-president. Q. The board of public works has no office, then? — A. Xo, sir; it has no office. Q. Is there any clerical officer who has charge of this class of cor- respondence ; or is it in the custody of the vice-president * — A. The clerical officers have char,iie of these letters. Q. Are not such letters frequently written; were they not during this time of daily occurrence ? — A. O, yes, of daily occurrence. Q. Coming from contractors every day ? — A. Yes, sir. Q. And were not these offices open, and these pai)ers open to the inspection of every member of the board of public works, or were they concealed by the vice-president from his fellow-members '? — A. O, no ; they were not concealed. Q. You had access as a member of the board of public works to any paper or correspondence addressed to the board, had you notf — A. I would have most likel}', but the mass of letters that came, it would not be possible for any human being to find out the important letters. Any one day there may be thirty or forty letters come, where it would be absolutely impossible for me to control anything in such a way. Q. But as a member of the board you had an opportunity of inspecting everything addressed to the board, had you not? — A. Isu[)pose so. Q. I only want to know the method of doing business. — A. That is the method, sir. By Mr. STEWART : Q. Is not this very transaction entered in your records ? By Mr. Mattinoly: Q. "When referring to Mr. Oertley under that order, is it not entered on the ])ublic records of your office? — A. Yes, sir; itseems so. By Mr. Stanton : Q. That is, the records of the engineer's office? — A. Yes, sir. By Mr. Stewart : Q. This is the record of your office, in the engineer's office, after it was referred to him ? — A. Yes, sir. Q. That is the same transaction ?— A. Y'es, sir, exactly. Q. Then, when it came there you knew all about it ? — A. I knew so much that only two, three, or four days intervened — a week intervened — when Mv. Oertly reported the i)rice, and when the board instructed me to pay that price; and I have repeated several times that it is not pos- sible for me to look over all the books every day. A week may have very well intervened without my looking at that book. By the Chairman: Q. You stated, in answer to a question from me, that it was your custom to examine all these books and papers in your office at least once a week ? — A. Once a week, 1 say, more or less. By ]Mr. IIubbell : Q. You say here that Mr. Oertly fixed tlie price ? — A. Yes, sir. Q. Does it not ai)i)ear there that the boanl fixed the price, saying that Im; was to hav(i tlie same rate i>aid at other places for tlie same work ! — A. Mr. Oertly reports to the board, lie je[)oi ts the work done 2234 AFFAIRS IN THE DISTRICT OF COLUMBIA. by Mr. Fletcliei- is the same as that performed in laying tlie flagging across tlie mall. I claim that it is not the same work. I claim, siuce it is old flagging, it is taken ont of wind already. It is joiuted also. It may need occasional rejointing. By Mr. Stewart : Q. You say that it is not the same work ? — A. Xo, sir. Q. You were m the habit of looking over these books once a week. This entry is August 4 ? — A. Yes, sir ; and that date is August 13. I wish to call attention to the fact that August 4 is the date of the letter tJiat Mr. Fletcher wrote to the board. It may have taken three or four diiys until it came up to me. Q. You say, then, that it is not the same kind of flagging. How long alter your attention was called to this, and after you knew of it, was it before there was any payment made under that I — A. I wish to call attention now to this abstract. The abstract is uot in strict correspond- euce with the letter which I read. The abstract reads here : " Fletcher has commenced work on his contract to joint and set flag foot-waj's around the Botanic Garden-, but, owing to the price uot being fixed, has not yet signed the con- tract ; states that he does the grading, furnishing the sand, cement, jointing and set- ting the stones; in fact, everything except furnishing the stone. Mr. Smith, superin- tendent of the Botanic Garden, wants two footways on Third street of S) feet in the piosecutiouof this work." There is no statement showing that there was old flagging to be re- laid. It is left out here in this. The letter which has been read just now stated that this was old flagging, while my abstract, which you have an opportunity to see, does not show that. By Mr. Mattingly : Q. The material fact in this matter is beyond that. You testify in these words, page 2059 ; as a member of the board of public works you took the stand here and stated under oath : And the prices for the contract were iixed by a private corresxjoudeuce between Mr. Shepherd and Mr. Oertly of my office. Now I want to know of you what opinion would naturally be inferred from such a statement as that made by you ? — A. I let others draw con- clusions. I have stated my case. I may have unfortunately worded this; by private correspondence, I have repeatedly said, I meant an ofticial correspondence kept private from me. Q. I know upon cross-examination you have; but you are a man of more than ordinary intelligence. — A. I do not know that ; I am glad to hear it from you. Q. Well, I think you are in a certain way. Now, you have stated that you appreciated what you were doing, and you stated that the prices for the contractors were fixed by a private correspoudence be- tween JMr. Shepherd and the deputy engineer of the office. The Chairman. Mr. Mattingly, i think Mr. Cluss has sufficiently ex- plained that to-day. He states now that he did uot mean to say that it Avas a private correspondence, but that it was a correspondence of "Which he had no knowledge. Mr. Mattingly. I understand his explanatiou, sir ; I only want to get out of him his intention in stating as he did. The Chairman. You can put that question. The Witness. I have stated that my intention was to express official corespondence done through a private channel. Q. That was your intention 1 — A. Yes, sir ; it certainly did not mean anything else. TESTIMONY OF AJ30LF CLUSS. 2235 By :\rr. BLziCK : Q. The board of public works IukI been established and the District government was in fnll operation- lor a year or so before you Avere ap- pointed ? — A. Yes, sir. Q. At the time when you were appointed, had you any doubt that it was the object of the President and his advisers, the board of public works and others, to procure the services of a competent and upright man ? — A. ]S"o, sir ; none at all ; on the contrary. Q. You accepted the complipient contained in that letter which you read yesterday as bein^;' sincere, did you not ? — A. Mr. Black, I am too old for vanity. I accepted ; I showed it oidy as a record. Q. You sui)posed, at all events, that they were sincere ? — A. Yes, sir ; I thought they were sincere, and I think so still. Q. Then you had no idea that this was an invitation to you to take the part of a set of rogues, who would i)romote their own i)rivate in- terests at the expense of the i)ublic i! — A. I should certainly never have joined tlieni if I had had that idea. Q. Y'ou never would have accepted it if you had not believed that that was the purpose? — A. No, sir. Q, Is not the office of engineer to that board one of the most import- ant in it? — A. Certainly. Q. NVas it possible for them to cheat the public — fov any contractor to cheat the public — either as to the (juality or quantity of the work, or the price of the work, without your concurrence f — A. The United Statesj yes ; the contractor, no. Q. A contractor might cheat by getting a higher price ? — A. I mean that the engineer has pretty full control in seeing that a contractor gets uo more (luantity than what he actually lays, and gets no more price than the board fixed. Q. As to the measurement of the work and the quality of it, it was necessary that the engineer should approve the bill before the contractor could be finally paid and settled with ? — A. Yes, sir. Q. Then there are estimates to be niade that nobody can make with- out the engineer's approval ? — A. Yes, sir. Q. Therefore, as regards these estimates, and as regards the measure- ment of the work after it is done, in order to commit fraud upon the Government or upon the [)ublic it would be absolutely necessary to have the concurrence of the engineer ? He must be an accom[)lice in it before it could be perpetrated, must he not? — A. I have stated not against the Cnited States. Gross errors have been perpetrated against the United States without the knowledge of the engineer of the board, he not being privy to the transactions as to the measurements. Q. As to which of them ? — A. I have stated quite a inimber of them. Q. Do 5'ou mean now those estimates that were made upon work upon which the $1,240,000 appropriation is based?— A. That is it. Q. Theywere made before you (;ame in. Was that done with your concurrence, or was your concurrence necessary to accomi)lish that? — A. A letter was read here this morning of January 5, l.STo, when I was a member of the board, and at that date the vice-president told Mr. Oertly to take charge of this. He did not inform the engineer in charge that he had deputized Mr. Oertly to do it, but he went to his assistant and told him to do it. So the engineer in chai'ge is not responsible for those eri'ors. Q. After you were in oflice, could that be done without your concur- rence ? — A. It has been done. Q. And it was done without your concurrence ? — A. Yes, sir. I have 2236 AFFAIRS IN THE DISTRICT OF COLUMBIA. demurred to it, but, of course, I did uot see, until the Governor's Answer came out, whether these measuremeuts for the Governmeut were right or wrong. So, of course, I had no — these measurements upon which all this money was paid — and you remember that yesterday a number of vouchers were shown here which were balances for the measure- ments Q. Wait, sir; was it not illegal for them to proceed with those mea- surements and estimates and lay them before Congress without first get- ting your approbation? — A. I stated yesterday that this was my husn- ble opinion ; not exactly illegal ; but I thought that at least the spirit of the law was that the board of public works shall measure this work — that the engineer should do so. Q. That you thought was your duty ? — A. Yes, sir. Q. Now, whether it was your duty is one question ; but did you per- form that duty? — A. I was debarred from performing it. Q. You think now, and you thought then, that it was your duty and you did not do it? — A. Your question does not convey the right im- pression. Q. The question does not, but perhaps the answer will. — A. I mean to say that within six weeks after these appropriations were passed, the major part of the money was drawn, and it went so fast that hardly anybody could recover from the shock of seeing what was going on. Q. Hardly anybody could recover ? — A. Could recover and see, after he came to his senses, what was actually doue. After the main part of the work was done, it was not worth while for me to trouble about the little balances. Q. This was done, then, clandestinely and without your knowledge ? — A. Without my kuowledge; I will not say clandestinely. Q. Well, without your knowledge. Was it done so that you did not know anythiug about it at all? — A. I did not know anything about it. I knew after a while that they were measuriug ; but at the outset, for sure, I did not know for a length of time. Q. You knew that it was your duty to understand this, and to stop it if it was wrong, did you not ? — A, I am only one member of the board, you know, and if the vice-president would at that time assume to act for the board, and the other members were indifferent to it, what could I, as a single member of the board, do ? Q. Did you try ? — A. Nobody ever asked me for it. Q. If it was your duty, as an engineer, to see to this, how was it possible for these people to make these deceptions — these deceptive estimates or measuremeuts ?— A. I wish to be understood. If you call them deceptive measuremeuts it is your word, aud not mine. Q. Why did you say that you had a quarrel, or something approach- ing a quarrel, with Mr. Willard, because you had determined to stick to the rights of your office ? Why did you not stick to the rights of your office ? — A. Because when I go into a new field of operation, which I did in December, 1872, it is my habit to make myself acquainted with the details, and to let the thing go on in its usual course until I am posted, and 1 dare say it took me until the latter part of the summer of 1873; and so it was not for me to interfere without knowing exactly how it was. I was new in that office, and was a few days in at the time when Mr. Oertly was deputized by the governor. Q. Then it must have been a mistake to suppose that you were com- petent for these duties if you will stand by and see these things done without making an effort, at least, to stop them ?— A. I do not know about that. TESTIMONY OF ADOLF CLUSS. 2237 Q. You say that these things were done so fast that you coukT not recovei' tVoni the shock of one before anotlier was done ? — A. Yes, sir. Q. You were hit so rapidly that you were down all the time ? — A. I was never down. I was always up. 1 am so still. Q. Were you upright ? — A, Upright, sir. Q. Xow, these estimates and measurements which you approved, are they right f — A. To the best of my knowledge. Q. You now say they were right. There was nothing wrong about auy of them ? — A, If an error occurred, it certainly is au exception, and correctness is the rule. Q. Including those which you stated the other day were wrong, and which you had never approved of, and never signed? — A. Yes, sir. ii. You consider that they are right iu)w. You now correct your tes- timony in chief by saying that these measuremens which you pro- noun(.'ed wrong, and which you declared you never had ai)proved, all are righr. and you did approve of them ? — A. I do not know what you have reference to. "Whose measurements? Q. I have reference to certain measurements and estimates ui)on which 5'ou denied that you had anything to do, and went back ujjon them and said you were not resi)()nsible for them ; that you had never signed any ap- proval, and when the paper was produced to you you admitted that you had ? — A. There is that single case in this large bundle of papers. When it was presented to my ofdce, no records being there, and having been made up there as au official formality, I was requested to sign those balances from avenues. They were balances ; they were not the metisure- ments themselves, to the best of my knowledge. Q. There was one paper, a very important one, which you said you had signed without understanding it, becau^^e you had only eight days to examine, and another which you said you had signed on the first of iSTovember, and which had been presented to you only on the Itist otf October, and you had sat up all night? — A. That is correct. Q. Aiul had not been able to understand, and you put your name to it, ncNcrtlieless. Now, when these papers were handed to you for ex- amination and api)roval, were they not handed to you with the under- standing that you were to approve and did approve of them as you would fiiul it right to do? — A. Anybody who sees that mass of figures, those volumes of figures, would see that it was impossible for me, and that I had to rely upon the confidential assistant, Mr. Oertly, whom the governor had done the honor of deputizing. Q. Answer in general terms, now, had you not just as good a right to say no as to say yes when you were asked if these papers were (-orrect? — A. 1 had a right, of course, to refuse, but my desire at that time was not to interfere with the operations of the government, because I had no positive i)roofs, in fact, no proof at all from which I could infer, that any- thing was ter of Job that I refer to. You recoUect it, don't you? The Witness. I do not know much of the IJible, I am sorry to say. I know more about mathematics; that is my branch. Q. Y'ou did not offer your evidence ? — A. No, sir. (}. You did not volunteer, in any senseof the word ? — A. I should have been glad to stay away from this [)lace if posslljle, but since for the last two or three weeks tlie newspa[)ers of the country have triun))eted it abi'oad that if there is anything wrong the nunnbers of the board are simon-pure, for it is the engineers who are at fault altogether. I lelt it a iluty to my associates in the engineer board, able, competent, and honest, men of integrity Q. jNIr. Forsyth and Mr. Oertly ? — A. I spoke of Mv. Barney and his associates, Mr. Danenhower and Mr. Franklin. I si>eak es[)ecially of those men under my six'cial (%ire, and who have a right to expect from ujc that I should vindicate their integrity, so that they are not to be blackened for life because enq)loyed in Washington City in making these Government nu'asurements. It is a duty 1 owe to these mumi. Q. It is for the i)ur[)ose of i>rotecting the innocent men charged with this offense that you want to throw the guilt where it belongs? — ^V* 141 D c T 2242 AFFAIRS IN THE DISTEICT OF COLUMBIA. Yes, sir; if there is any. They could not respect me if I were to allow tbem to be heralded as imbeciles. Q. This is the reason you volunteered ? — A. I did not volunteer. Q. Did you not furuish geutlemeu on the other side with a list of questions to be asked you, and tell them how you were going to answer them"? — A. I wish to say that that is an unmitigated falsehood, and say that I have not spoken to one of the memorialists. I do not know them ' persoually ; I do not know counsel, even, to speak to them ; I do not know the leading man of them ; 1 do not think that I have ever spokeu to any one of them during the whole investigation, except, about four or live days ago, when Mr. Wright Rives came to the board of public works' office and wanted to compare his tables with those of Mr. Oertly. I saw him then. 1 knew he was an engineer when he came there, and I was glad to talk with him and clear up his doubts. Mr. Christy. I will say, so far as I am concerned, that I have not ever had the pleasure of an acquaintance with Mr. Cluss, and have treated him throughout as the client of the gentlemen who are here to- day assailing him. It was a matter of surprise to me that, as a member of the District government and representing it, that that relation had ceased. Judge Black. We will get you on the stand directly, whenever you choose to volunteer. Mr. Christy. I want to testify ; I have a right when imputation is cast upon connsel. Judge Black. Not at all ; no imputation. The Chairman. No imputation has been cast, as I understand it. Judge Black. It is as bad to take offense unnecessarily as it is to give it without cause. Mr. Christy. The meaning implied in the question was that we had gone to clients of gentlemen representing the other side, when we have uever seen the witness until he came on the stand. Judge Black. You must not undertake to throw Mr. Cluss upon us. We have done with him long ago. The Chairman. I think it is a proper question for Judge Black to ask, to test the recollection and motives and knowledge of this witness. Mr. Christy. We are not objecting to that, but are objecting to the imputations. Judge Black. No, you are making explanations, and I give you the full privilege of doing so in any way you please. The Witness. I must repel the idea in the most definite form that I have, directly or indirectly, had any connection whatever with any of the memorialists, or counsel, or whoever they are. Judge Black. You did not furnish, to anybody concerned in this investigation, or anybody who is prosecuting this investigation, any l>aper containing a list of questions coupled with information as to the answers you intended to give ! Now answer that question. The Witness. What is that ? Q I ask you if you furnished a ])aper, to any of the counsel of the memorialists, or anybody else who was prosecuting this investigation, which paper contained a list of the questions to be asked you, and in- formation concerning answers that you would give ? — A. No, sir ; I have not done so. Q. You did not communicate, then, what your evidence would be, in advance, so that they could know beforehand what it was that you in- tended to testify ?— A. No, sir; I did not. TESTIMONY OF ADOLF CLUSS. 2243 Q. Did you fiiriiisU siicli a i)a|>er as that, and such iufornaatioii as that to any body ? — A. I did not. Q. Xever, to anyl)()dy ' — A. Xo, sir. Papers of mine, private i)a- pers, possibly, may have been got hold of surreptitiously, and they might be in somebody's hands, Q. Tiien nobody talked to you at all about the testimony you were to give before it was given ; there was no precognition? — A. Xobody at all talked to me? I talked with a great many folks about this whole investigation. I answered oke to Mr. Barney ; at the time Mr. Barney was about, but not in the; room. Q. I mean in the room, in the i)resenee of these gentlemen, didn't I ask you to (;ome, ui) here and testify ? — A. In favt)r of the wooden fences. Q. No, not in favor of anything. Didn't i ask you to come up here and testify ? — A. In favor of the Coltou fence. 2244 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Dill I not ask you to come up liere and testify in regard to grad- ing? — A. About a matter of hauling; not about a matter of grading. Q. Tlien 1 asked you about tbe matter of hauling? — A. Yes, sir. Q. You went on to explain about how many miles a horse could walk in a day ? — A. Yes, sir. Q. And the price fixed was all right? — A. Yes, sir. Q. Did not I state then that you were the very man to come up and explain it? — A. Yes, sir. Q. What did you say ? — A, I said I begged to be excused. Q. Did not you say yon did not want to testify ? — A. Yes, sir. Q. Did not you say you could not articulate ? — A. The reporter has found that out. I told you that I had the misfortune of wearing false teeth, and it makes me a little difficult to understand. Q. And you assigned that as the reason you did not want to come ? — A. Yes, sir. Q. I see the difficulty and appreciate it. But what I wanted to know was whether I did not ask you to come up here and testify, and whether you did not express reluctance to do it, and assigned that as one of the reasons you did not want to come. — A. One of the reasons was that you wanted to bring up the Colton fence matter, as one side of the mat- ter. Q. You insisted upon that fence matter. There was on the back of that voucher, Mr. Cluss, a pen and ink sketch of a panel of the fence made by you ? — A. Yes, sir. Q. With items going to show the cost of each item of material or labor that entered into the construction of it ? — A. Yes, sir. Q. W^ith the aggregate of the cost of the panel so many feet long, was not it an estimate of how much it cost a foot ? — A. Yes, sir ; but it was wire fence. Q. Then you undertook to explain to me what would be the differ- ence in cost between that wire fence and the wooden fence as actually constructed, did you not? — A. Yes, sir. Q. You made the figures on it? — A. Yes, sir. Q. Did not I tell you to explain that up here? — A. I did not care about doing it, because I think if such a fence was given out by a fair competition after advertisement, that it could have been done much less than under the architect's estimate and superintendence. Q. Did not I ask you to come up here and explain it as you have ex- plained it to me? — A. Yes, sir, you did that; but you wanted to leave out all other pieces of fence under the advertisement. Q. No, sir; and to show that I did not want to leave it out, I would like to have yoii look yourself for the documents of the board of public works relating to that matter that has been put in here in evidence, and you will find everything there. — A. No; the paper which contains the bids received under the advertisement for fence is not here. Q. But all the papers, including the paper on which was your sketch; they have not got that in print because they could not print it ; but all the papers relating to this Colton fence are in evidence. — A. A part of it is; this paper containing the bids for wooden fence received under adver- tisements, if you have got that, that will settle the case; where the lowest price was much lower than those we paid. Q. Did not you average those bids? — A. Yes, sir, I did; and I showed you that the lowest bid was much lower than that paid for the Col- ton fence. Q. And some of the lower bids were from very irresponsible persons, were they not ; or did not you tell me so ? Why did not you bring the TESTIMONY OF ADOLF CLFSS. 2245 papers lune ? — A. I did not like to come here, because I did not want to defend one side of the case. Q. Did yon assign any such reason as that I JMr. CiiKisTY, 1 desire those papers to he produced if the geutleiueu are going to proceed to i)rove the, contents of them. Mr. Mattingly. O, I am not proceeding to prove any contents. Mr. Christy. You are stating the contents. Mr. MATT1ISCTLY^ No, I am getting at Mr. Chiss's animus and motives in testifying. That is all. 1 see it stated that Mr. Chiss informed .Mr. Shepherd and ourselves that he had giveu information to the committee, or to some member of the committee, and was coming up here, at his in- stance, to testify'. The Witness. Whatever the newspapers say I am in no way respon- sible for. I did not talk with any newspaper man. 1 have never said one word to any of them. Mr. Wilson. What newspai)er did you refer to ? Ml'. MattinCtLY. To the statement in yesterday's New York Sun. The Witness. 1 have not read the New York !Sun, more than one or two copies, in years — perhaps, three copies. I have seen the New York Sun which contains my testimony of day before yesterday. Before that I have not seen it. Q. What I asked you was whether, at that interview down there in the presence of these gentlemen, you ascribed any such reason for not wanting to come up here as you stated just now ? — A. I said that I had a delicacy in coming here, and I knew if 1 came here the full state of the facts of Chat Colton fence would be known here, and I did not think it was agreeable to me. Q. Did you make any such statement as that as the reason for not wanting to come 'I — A. There are a great many things ; there is no use of talking to people exactly' about it; you could see from my manners. i\[r. ^lATTiNGLY. I saw you were very reluctant and did not want to come, but I did not comprehend it at that time, 1 confess. The Witness. I am sorry for it. Mr. IIiBBELL. What is his answer; did he make any such statement to you, does he say ? Mr. Mattinoly. No, sir. Q. [To resume.] State whether you remember of receiving this letter? [handing witness a letter.] — A. This letter was received by me at my own suggestion ; I requested that Mr. Earney be substituted for Mr. Forsyth in measjiring. Q. When you did solicit a thing of that kind, it was done ? — A. Yes, sir. Mr. Mattingly. Then read the letter. [It is as follows :] Br>.vi!D or Prnr.ic Woi;ks, Disiimct oi- Cor.rMiu.v, H'd-'iliiiif/toti, April ri, l^'T^. Dkak Hik : Yon will plpaso dotuil at onco Charles K. IJarney, assistant engineer, to ex- aniint! ciitically all nu'asnrdniiMits np ti) this tinn- for tho hoard, npon which have been made si'ttii'mcnts or payments. It is necessary that this shonld ho done, in order that any (-rrors may he corrected hel'ore a linal settlement is made. I (lesire that ho shouhl ent(;r at once on this duty, and prosecute it to an early completion. Very re«p(!ctfullv, ALHX. 11. SIIKriIKKl), ricc-l'nmdi'iit. A. Cl.l'SS, Esq., EntjUieer of the Board of I'ublic Works. True copy : FRAjS'K ,J. T. IiO^VE, Chit f Clerk. 2246 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Stewart : Q. At that time you had begun to suspect that Mr. Forsyth was not all right ? — A. That he was not exact enough. Q. As soon as you ascertained he was uot exact enough you asked a change ? — A. Yes, sir ; and last September Mr. Sliepherd wanted me to put Mr. Forsyth back again, because he was so much faster than Mr. Barney, and then I firndy resisted the demand, and saw that Mr. Bar- ney was kept at his measuring work. The occurrence took place in the open room of the board of public works at the time when they were short of funds, and they were anxious to have a hurry-flurry iu regard to assessments so that they could get some money. Q. Did you know at that time that you wrote that letter that these matters were going wrong in the board? — A. Well, I might not have been positive about it, but then I saw, you know, there was a great deal unnecessary, if I did not want to lose u\y reputation Q. Did you testify before the Starkweather investigation committee'? — A. I think 1 was there once. Q. You are down here as having appeared before that committee on the 11th of April, 1872 ?— A. Yes, sir. Q. You had been in ofidce then only some few months? — A. No, sir; I was not in office then — not as a member of the board. By Mr. Mattingly : Q. You made a rei)ort as engineer, which appears in the report of the board for 1873, on page 2 of the appendix ? — A. Yes, sir. Q. In your testimony the other day you alluded to the work being done at Seventh and F streets. You made some statements as to the heavy j^rice that had been paid for that work t — A. Yes, sir. Q. I lind in your report, which is published in the report of the board ior 1873, relative to this work, that you say this : SEVENTH AND F STKEETS XOHTHWEST. The improvement of these two business streets was nndertakeu this season. It was decided to chanoe the grades quite radically. Avoiding tills, heavy cnts hecame necessary. It was also determined to carry on the work in such a manner as not to interrupt the running of the street-cars. The difficulty of the work and, of necessity, its cost became thus verj' great. The lowering of water and gas mains and their laterals; of sewer laterals; the gradual lowering of car-tracks; the cutting of vaults, and shoring of houses was a work of unusual trouble, reflecting great credit on the energjf of the respective contractors, Messrs. Vandenburgh, Albert Gleason, and L. S. Filbert. It is all virtually completed now. The changes wrought by these improve- ments in the appearance of the General Post-Office and Patent-Office buildings, and the great improvement iu the grades of these streets, cannot fail to impress favorably. Are the statements contained in that true ? — A. They are virtually true. Of course I had to do the best I could. That does not say we have not paid too much for it. Q. No ; you give reasons for the great cost of it, and they are good reasons, too. — A. The report was written by a member of the board, and I was willing to co-operate, as well as my conscience would permit, with my associates. [Mr. Mattingly handed the following paper to witness and asked him to read it. The palmer is as follows :] May 22, 1874. PARTIAL MEASUREMENTS. E street, southwest, between Tenth and Thirteenth streets, southwest. Between Tenth and Eleventh streets 1,801 yards. Between Eleventh and Twelfth streets 3, 695 yards. Between Twelfth aud Thirteenth streets 12,505 yards Total 18,001 yards. TESTIMONY OF ADOLF CLUSS. 2247 18,001 yards earth, at 30 cents $5,400 30 18,001 yards haul, at 45 cents 8, 100 45 Mr. Barney's measurement 13, 501 05 CHAS. E. BARNEY, Frineipal Assistant Engineer. Mr. Oertly's measurement §17, 765 "25 Mr. Barney's measurement 13, 501 (*5 Difference 4,262 20 There is sufficient held against Albert Gleason to cover the overestimate of 84.264.20. J. C. LAY, Auditor Board Public JVorks. The Witness, [after reading paper.] If sufficient is retained, Mr. Mattingly, this does not justify the assistants iu my office in partial measurements giving 33 per cent. more. Q. I do not say it does. — A. I have a right to object to any such man. Q. But still I don't think it justifies his cliief in denouncing his meas- urement of the street without knowing how much the excess is. — A. I know it was a high excess, and I know it was a partial measurement of 30 per cent, more than it shoukl be. Mr. Christy. I wouhl like to ask in this connection, bj' whose autlior- rity Mr. Barney made the measurement of yesterday ? Mr. Mattingly. By the authority of Governor Shepherd. Mr. Christy". And not by the direction of the engineer of the board ? Mr. Mattingly'. Xo, sir ; the engineer of the board, 1 take it, can- not expect much further intercourse. By Mr. Mattingly : Q. You made some allusion to the contract for the wood i)avemeut on Fifteenth street, between S and Boundary. State whether that is the voucher signed by you? — A. Yes, sir; that is one of the first blank vouchers — 5,823 square yards of wood pavement, whicli will make, if you will put down the price, about 817,000. That is correct. Q. This same gentleman, you state, had a jiartial measurement, and had got his money and had gone. What did you say about that ! — A. I said that after he had his measurement he stopped work, and left that part of the street which connects with the city proper unfinished. He has left the city for a length of time, for parts unknown to me. Q. Did he not report to you before leaving ? — A. Xo, sir. Q. Look at this voucher of J. E. Gregg, for Fifteenth street between S and Boundary-. Did you sign that :' — A. Y'es, sir. Q. Mr. Cluss, just take these papers and state what they are. [The witness then read the papers and indorsements as follows:] Washington, January 6, 1874. Board of Public Works : Gkxtlkmex : I respectfully ask for a measurement of the grading of Now Hamp- shire avenue, from K street to Potomac River. Very respectfully, HUGH MURRAY. Board of Puiimc Works, District ok Cor.iMruA, Washinyton, January 7, 1874. Respectfully referred to the engineer in charge. By order of the board : FR.\NK T. HOWE, Chief Clerk. Respectfully returned with account for transmittal to auditor. .ADOLl'H CLUSS, Enyineer in Charge. January 16, 1874. Respectfully referred to the auditor. By order of the board : FRANK T. HOWE, Chief Clerk. 2248 AFFAIES IN THE DISTRICT OF COLUMBIA. Pavements for sideivaRs and carria(/e-ivai/s. Washington, D. C, January 15, 1874. Board of public Tvorks, District of Columbia, to Hugh Murray, Dr. 29,385 cubic yards gradiug. at 30 cents per yard C;a o-,- t-r, 29,385 cubic yards haul, 2,500 feet over 200 feet, at If, equal to SlV-V.'.".'.".". ^'9,182 81 I Less 20 per ceut ^.^^qq ^1 t: .3,o99 6b c3 _^ Deduct certificates 4847 and 8973 ^t'ltl 56 9 414 09 I hereby certify that I have measured and inspected the work done by Hu-h Murrav ou the improvement of New Hampshire avenue, northwest, between I street an Vh^ gima avenue, embraced in the foregoing bill, which work was doue under the order of theboardof public works and find it correct as to quantity and qualityTand that cati^*^ "' "' "''^*''^'''^ '^"'^ ^'^^^' furnished, as per contract^and specifi- Dated January 15, 1874. ^^^^- ^^ ^^^NEY, Assistant Engineer. Approved January 15, 1874. ADOLPH CLUSS, Engineer Board of FuhUc Works, in Charge. I certify that the foregoing bill is correct in form, and that the prices are accord- lefn ^^rSSL'ri'"' '' "'''^""' '^""'^''''^ ^" '^' ^""^ "^ ninety-four hundred and four- Dated January 20, 1874. Certificate No. .361. Board public works 187, vol. 1, 1S74. Pavements for sidew^Tk-« and carriage-ways January 15, 1874. Hugh Murray's'bill for woSne on New Sp- shire avenue northwest, between I and Virginia avenue, .$9,414.09. Partial measiu-e ment. Received January 20, 1874. Certificate No. 361 for $9,414.09. H. Murray The Witness. This is the voucher that Mr. BarDey and myself have exi)lameu the circmnstauces under which it was made. Q. What is the amount received f— A. $3,o99.6G, Q. This contract numbered 12S0,just state to tiie committee what that IS. — A. Andrew Gleason. Q But for what?— A. H street, northeast, from Delaware avenue to liightli street. Q. iloAv many yards of bluestone pavement are these ?— A That is all striken out, you see. ^_ Q. I see it is. How many yards were they ?— A. This is a canceled iq^inn^^''^^ 'Y,,^^^^!^!^;^— ^- There is the bluestone pavement, 13,000 yards, and then 113,777 yards. ' Q. That, however, is over an erasure, is it not !— A. It looks so Q. How much was there originally 1—A. I could not sav. It is the first time I have been shown this voucher. I have never hea'rd of it before Q. iou never heard before that you had made a mistake of 8100,000 m that contract of Gleason's ?— A. There was not the least doubt ^.3^ »"^Y^\"^ question, if you please. Did you ever hear of that Detore ^— A. JSo, sir. There must be something- Q. I think there must be. That 1,300 yards of blue-rock pavement- how much is the amount extended ?-A. Again, this left my office in blaifk and, therefore, I am not responsible for the amount carried out. i^. How much IS there carried out— $172,500 ?— A. Could the auditor HaA e been so ignorant in doing- that— 13,000 TESTIMONY OF CHARLES E. BARNEY. 2249 Q. What was there when the auditor ]nit the sl72,000 there ? That is what I asked you a little while a<;o. How many yards of blue rock would it take to amount to 8172,000 f— A. You can see that that is a clerical error, when anything- like this is said there. Q. But when the auilitor came to extend the amount, then he ascer- tained the error?— A. In the course of thino;s you have found a little error. Is it exactly the thin<,^ to bring such a little clerical error here . Q We do not bring here small errors, but here we have brought an error amounting to over 8100,000. Mr. Class has taken the ground m liis testimony that he ought to have the right of inaking the nu'usure- ment without the order of the board and sending it to the auditor's ottice.— A. I have not said so. I have said that I ought to have the insertion of the prices, so that the auditor afterward could go over them. The very fact of sending blank vouchers is just the thing to lead to such errors. Q. Do not you know, Mr. Cluss, that this was a mistake made by you !— A. 1 wish that Mr. Barney, who is the measurer of the board, should be examined u])on the subject. Q. Do not you know that that was a mistake which occurred in your office, and was corrected by the auditor ? rXo response.] A. Tht^re was nothing criminal in making the mistake.— There is a clerical error, no doubt, which you have had the courage to bring up here. I congratulate you upon the feat. It is all made correct now. This is the measurer's slip. If our clerk put down the same thing here it is a mistake, but it shows to the committee the wrong system of send- ing blanks down to our office. By Mr. Ha^milton : Q. Do you know whether those figures were on that paper when you signed your name there '^— A. No, sir ; not on it. Mr. Ha-\iilt()N. Then it was no mistake of yours. Mr. Mattingly. That is not it. The $172,000 was not there. But vou will notice the 13,000 yards is written over an erasure ; the original iiumber of yards was there, which justified $172,000. That is where the mistake was. Ml-. Hamilton. The mistake was in the yards. The Witness. It seems to be a clerical error, but the slip above shows it to be all right. But the clerk most likely mad.e the error. Mr. .Maj'Tingly". I supi)Ose it was a clerical error. :\Ii-. Wilson. The error is in the measurer's slip ; Mr. Barney will ex- plain it to vou. Mr. :Mattingly. I have no doubt it is a clerical error. I simply in- troduced it to show that Mr. Cluss is not infallible by any manner of means. :\lr. Wilson. Mr. Harney, will you be kiud enough to explain that, to save the trouble of calling you back ? Engineer Barney recalled. Tliis is a very natural mistake. This measurement w«a.s made by Mr. Dauenhower, ami in his sliji he has got one too many ciphers on it. He omitted to put in the decimal point; but where the clerk has made it out he has got the 13,000 there all right. Tliat 172,r,0O I do not know bow it got in there; 1 presuuie the auditor carried out his slij*. 2250 AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Mattingly ; Q. But he has got 115,000, has he not, Mr. Barney ? This slip of the measurer is 115,000 ? — A. Yes; but here is the voucher we sent dowu. Mr. Morris, (auditor's clerk.) But doa't you kaow it came down 115,000? The Witness. I do not know about tliat. Q. Woukl not 115,000 yards of blue-rock pavement amount to $172,- 500 ?— A. Yes, sir. Mr. Mattingly. Here is the measurer's statement of 115.000 yards. That is copied there, and 13,000 is written over it. The 115,000 yards would just amount to $172,500. That is signed by Mr. Cluss. Mr. Cluss. It shows that the system is wrong. Mr. Mattingly. It shows that a mistake made in your office will be corrected in the auditor's office. Mr. Cluss. If the figures were carried out in my office, then the aud- itor could look over them again. Mr. Mattingly. I do not believe I want to ask Mr. Cluss any more questions. Mr. Gloss. I am very glad to hear that. Adolf Cluss recalled. By Mr. Stewart : Q. When did you find that this system was such that it could not work well ? — A. This very system which is exemplified here — I have from the very first day when I thought— I am naturally a conser\ ative, and before I recommend a change I would be very slow, if I knew that a competent man has been before me at the same place, in recommend- ing a change. So it took me a long while until I saw that this was radically wrong, and then afterward it took me a long while until I could convince other members of the board it was wrong. Q. How long ; you went in as a member in October, 1872 ? — A. Yes, sir. Q. How long after that before you came to the conclusion that the system was wrong ? — A. This conviction gradually matured — slowly. Q. Was it six months! — A. I am learning every day. Q. When did you come to the conclusion that the system was wrong? — A. I am one of those progressive men who tries to learn every day ; so I could not say exactly. I am more confirmed in this view than 1 was six months ago. Q. Did you think it was a vicious system six months ago 1 — A. A bad system I said, not a vicious system. It was too complicated altogether. Q. Then the mistakes, errors, or frauds that have grown up are the result of the system ? — A. Most of the errors, I dare say. Q. And not the fault of the men who admiuistered'it ? — A. No, sir. Q. There have been two sessions of Congress since you became a mem- ber of the board of public works ? — A. Yes, sir. Q. Did you ever suggest this to Congress ; did you ever make any suggestion that this system should be changed '? — A. I did not do any- thing to create ill feeling toward the District government, as they seek to make up here. I have done, in a quiet way, my duty. About Mr. Forsyth and his doings I have spoken to you yourself personally many times. Mr. Stewart. Yes; you have spoken to me about Mr. Forsyth. You said you did not think he was a very competent man. I recollect that. The Witness. And when an opportunity would have occurred to speak about other matters I would, without doubt, have expressed my- self in the same way. TESTIMONY OF ADOLF CLUSS. 2251 Mr. Stewart. I know you very well, Mr. Class ; but I did not get the idea from any conversations that we have had — and we have had a great many— ^our intercourse, I believe, has always been pleasant — but I never got the idea that there was anything wrong about the arrange- ment of the aflairs of the District, so far as you knew. You certainly never conveved that idea to me. Did you intend to? The Witness. 1 could not say exactly. As I said, I told you— and you know Mr. Hildreth — there was a peculiar opportunity of speaking about this gentleman I have just mentioned, Mr. Forsyth. Mr. Stewart. 1 know we were talking about the grade down there, and you said that you thought there was a difference of oi)iiiion about where the grade had been, and you said you had been misled in the matter by Mr. Forsyth in regard^o Mr. Ilildreth's house. Jiut, then, did you say anything to me at any time that would lead me to believe that there was such fraud and corruption that the city was in danger ? The Witness. I have never said on the witness-stand that there was such frauds and corrui)tiou ; but I dare say as long as a year ago I thought there were irregularities. I meant to go this morning and see Senator Morrill and see whether he recollects an occurrence that took place a short time ago before he went away. I went to him as chair- man of the Committee on Public Buildings and Grounds, he being a man in whose good oi)inion I have great faith, and told him that I be- lieved that the board of public works' concerns were not done with that accuracy which 1 had been accustomed to before, and 1 had an idea of resigning. The Senator told me afterward to try and do the best I could, and to hold on. Q. If you had thought that your colleagues — I mean the members of the board of public works— had been dishonest men, you would have re- signed, would you not?— A. Yes, sir; if I had seen them steal. Q. If you had believed they were stealing, you would have resigned ? If you had believed, for instance, the governor was stealing, don't you believe you would have tendered your resignation? — A. I never thought of such a thing; never allowed myself to form such an opinion. Q. You believe him to be an honest man, do you?— A. I believe every- body to be honest until proved to be dishonest. Q. Y'ou have seen no evidence of his dishonesty ?— A. No, sir. Q. Then, if you had seen evideiice of dishonesty anywhere, you would have resigned ; you would not have been associated with them and taken this responsibility ? — A. No, sir. Q. When this investigation came on, and Mr. Mattingly suggested to you to come and testify, why didn't you do that ? Did not you think it was proj>er for all of us" to know — good, bad, or indifterent ? — Why didn't you come up and tell the story right out ? What was your objection ? We are all trying to tind out the truth about this matter. What was your objectioii to telling of any irregidarities or frauds, or anything of that kind that existed ?— A. I noticed there was an attempt to conceal things. I have seen a coui>le of times statements made uiuler oath — for instance, in the case of Mr. Sam Strong, the governor said he had never seen the i)aper when he had signed it. Then I did not like to be in this position. Q. Why didn't you come up and tell it right out ? You wen- under no obligation to k<'ei*) anything secret ?— A. 1 knew that you knew my direc- tion if you had wanted mc;. Vou know that I am not alraid to say anything anywhere. I believe you have always known me so. Mr. Stewakt. I don't believe you have been afraid to talk, now since you have got here — to state anything you ple;ised. 2252 AFFAIRS IN THE DISTRICT OF COLUMBIA. The Witness. Or on any other case. When I try to work for yon, I try to work for your best interests. Governor Shepherd. 1 have just this moment come in, and I should like to have the witness state what paper it was of Mr. Strong's that I stated I had not seen, but which I had signed. The Witness. Somehow or other a paper had been prepared np here, and had the signatures of Governor Shepherd and Mr. Magruder to it. It came down to the board of public works for my signature by Charles S. Johnson, who is here, I think. I don't know how it was. Governor Shepherd. I desire the record to be produced. I do not want such a statement as that to go out. It is false from beginning to end ; I never said anything of the kind ; or never spoke to this com- mittee about it. Mr. Stanton. The whole thing was gone over here, and fully ex- plained. Governor Shepherd. I demand that the record be produced. The Witness. I hope it will be. It was stated here that the governor had put his signature to that paper. Governor Shepherd. Mr. Harrington, one of the counsel of the Dis- trict, stated that I had, at his request to me, put mj signature to that paper ; 1 made no statement in regard to it whatever. The Witness. I should like to see the testimony. Mr. Christy. The whole matter appears in the testimony, and the point we nmde on it was this : that Mr. Magruder, called to make an ex- planation, did not state that his name was appended to the paper. That is the point I made as to Mr. Magruder at the time, as you will find it in the testimony. Gov^ernor Shepherd, fto Mr. Christy.] Did I make any statement about the matter? Mr. Christy. I do not think you did. Governor Shepherd. I made no statement in regard to it. By Mr. Stewart : Q. Is that the reason you did not come up to testify ? — A.. It was not for me to volunteer, as the counsel will say, state evidence. I came here when I was summoned. Mr. Stanton. Mr. Cluss has indicated that as one of the efforts at concealment. That is all. There was no concealment practiced. The Witness. I think it was an incorrect statement. Q. You would not come up here when Mr. Mattingly asked you. That seems to be a little strange. Why didn't you come up then ! — A. I have stated so. Q. You say that you were on friendly relations with them and are yet. You are a member of the board and liave high responsibilities. Did you decline to come then ? — A. I declined to come. I would rather be relieved from it, because I knew my testimony could not be of much use to them. Q. You were not going to occupy the position of defending or prose- cuting any body in any way, were you? — A But in that fence matter, there was an advertisement offering to do the work at much lower prices than were afterward given, and I did not like to expose those things before the committee. I did not like to come up here about my asso- ciates. Q. At the time they requested you to come, did you expect to come I — A. O, no, sir. TESTIMONY OF ADOLF CLUSS. 2253 Q. How long ago was it that the.v requested you to come ? — A. I do not remember. It was about five or six weeks ago. Q. You commenced preparing to come here though after that. Did you prepare this book then? [Keferring to memoranda-book of wit- ness.] — A. There are any quantity of notes which 1 thought possibly I might be asked about, and here are some more, and some nu)re are in this book, [referring to another book.j There are a whole lot of them here. Q. Did you notify your colleagues of these facts, and call their atten- tion to them t — A. Of which facts, Q. What facts you have collated here in those memoranda. Did you tell them how numy investigations you had made, and what you had found wrong? — A. They never asketl me about it, and so I thought tliey were able to take care of themselves. If they had asked me, I would certainly have co-operated with them to the best of my power, and would have fearlessly told them what I thought to be wrong. And I would have told them whenever there was any little irregularity to acknowledge it. Q. That is the way to do! — A. Yes, sir; because in matters and things of this kind, if you attempt any concealment, why a false motive may be attributed to you in not disclosing, and then the things them- selves will be exaggerated. Q. Y^ou say that you nuule these preparations. Did you tell anybody that you had made prepartions to come here 5 that you knew anything ? — A. No, sir. Q. Y'ou had no idea of what you were going to be called on to testify to; you had no communication with anybody, but came right forward here in this way.' — A. Y'es, sir. I had an idea, because I did iu)t want to see the whole press of the country just coming down on the engineers. I thought it was unjust to the committee not then to call upon me, so that I could vindicate my able associates, who are men of integrity and fearlessness. Q. Did you come to that conclusion before or after you were sub- poenaed ? — A. Before my subpoena. I should not have been subjected to the cross-fire of four learned attorneys if I had not recollected cer- tain facts. You kiu)w it is a number of years ago, and Q. Did the fact that the press ot the country charged you engineers with these things incense you at all against your colleagues '? — A. iNo, sir; I ha\"e no ill feelings toward anybody. Q. You have defended all your engineers except Mr. Oertly. Y^ou have not defended Mr. Oertly. — A. I could not well do it. W a man gives .30 per cent, more in a i)artial estimate, I cannot defend him. It is against my principles. Q. In how many instances has he made a mistake, and gi\en '.'A) per cent, more? — A. 1 find in all these partial measurements that they are too full. I find a good many cases of i)artial measurement where there are about say 1,000 or 1,500 yards below tlie partial measurement. If these were exce[)tional, then, of course, I could iiavc some indulgence, but when it hai»pens so often I could not. Q. Mistakes occur frefjnently on tlie part of engineers, do they not, even with you and Mr. IJarney ? — A. Of course, an error may occnr with aii>l)ody exeept the Lord liimself. (^>. Tlicn yon would not have made preparations to come here if there had been no attack upon your engineers ? — A. I do not know about tiiat. 1 am always that kind of a man, ready for emergencies, and so, of Course, 1 made my scribblings — made my notes alxMit the course of things. 2254 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. You prepared for emergencies? — A. Yes, sir. Q. Wheu you bad made up your mind to defend the engineers you commenced to make this preparation. Who did you go to ? — A. I didn't go to anybody. Q. Didn't tell anybody ? — A. No, sir. I have perhaps spoken to some of the young men that I hoped an opportunity would be offered to say a good word for my engineers, and that I should be very glad and very willing to do it. Q. You did not furnish anybody a memorandum of what you had made up here at all? You just made up your mind that you would defend the engineers! Don't you think you brought a little feeling into this matter ? — A. I have none whatever. Q. And you go away with no feeling ? — A. Yes, sir. Q. And you think that as soon as you found that there was anything wrong you would disclose it, without keeping it concealed f You have served on the board for nearly two years ? — A. Yes, sir. Q. How long is it since the Governor's Answer was out ! — A. Yes ; only I saw careless work was done from these Government measure- ments. I had positive proof then, and I was ashamed of it. Q. Did you call his attention to it then? — A. The Governor's Answer was out, and the governor didn't pay me the courtesy of sending me a copy, and my attention was only called to it when it was moved in committee. Q. What was there in the Answer that incensed you ? Just show me that. — A. I didn't see the Governor's Answer after it was published for several weeks. Q. Show me where it is. — A. These Government measurements. By Mr. Hubbell: Q. Don't you know Governor Shepherd didn't publish the Answer; that this committee published it? — A. I understand that the governor has been furnished with twenty copies. By Mr. Stewart : Q. If you didn't get your copy from him where did you get it from ? Did you ask him for a copy ? — A. In fact, I didn't know the volume of the document until several weeks after the whole thing was out; I didn't know, indeed, there was such a volume as a document out. Q. Did you ask for a copy of it ? — A. I didn't know at all ; it was a couple of weeks before, in fact, I knew there was a book compilation. Q. Did you ask for a copy when you found out ? — A. I think I got one ; now you ask me what points, last evening, on the question of Sen- ator Allison, I went over it. Q. You need not go over it again. — A. I find a mistake of $5,000 that he suggested to me yesterday ; that is on the flagging of B street north between Sixth and Sixteenth streets north. Mr. Hamilton. You need not go over that now. By Mr. Stewart : Q. Then when the Governor's Answer came out you made up your mind you would not have anything more to do with it — with the governor or the board of public works ? — A. Nothing of the kind. Q. You made up you mind you would not come forward and make a statement of it — clean breast of it — at that time ? — A. No, sir ; it took me some time until I got acquainted with the whole document. The docu- ment is so voluminous it takes a man a long time to read it. Q. Did it ever occur to you that, being associated with the system that you condemned so strongly, against which you have so much feeling, TESTIMONY OF ADOLF CLUSS. 2255 after eightoen months, being associated with tliat system for eighteen months without resigning and without communicating it to anybody, and signing a great many of these documents, appearing as the engi- neer, tiie responsible head — did it ever appear to you that you were in- juring your reputation in standing in that position so long! — A. I did cominuni(;ate it to friends — to Col. W, H. Phillips, who told me yester- day that he was glad to say at any time that as far back as one year ago he reciuested me to stay on the board of public works as a cham- pion of the United States and of the taxpayers of the District. He told me yesterday that at the time when I spoke to him and expressed to him some little doubts, that he had been speaking to Mr. W. W. Corcoran, and Mr. Corcoran remembered this conversation clearly. Q. Who appointed you '? — A. The President of the Llnited States. Q. You were somewhat responsible to him, were you not? — A. Cer- tainly. Q. He resides in the District ? — A. Yes, sir. Q. If this thing was wrong — you saw his message on the subject ? — A. Yes, sir. Q. Don't you think you ought to have suggested it to him ? — A. It was not in sufficient shape that I could tell him. Q. There was nothing yon could suggest to him ! — A. I had my mis- givings, you know, about the whole work, about the punctuality of everything that was done 5 it was not sufficient to make a positive charge. Q. Did you wait for a positive charge when the President had ap- pointed you, and you were made the engineer, a most important officer in this great city, where these improvements were being made, and he had commended tlie work in his message — don't you think you ought to have spoken to him and put him on his guard? — A. It was not suffi- cient, any of it; if it had been sufficient I woidd have resigned. Q. Then, after all, there is not much in it ? — A. There is more in it since the governor's answer was published ; since I saw Government measurements. Q. Not much in what was paid to private contractors? — A. Well Q. Was it a bad case or not? Have you been connected now with a bad case i cents 1,467 90 1873. July 9. 9,015 feet 6-inch new granite curb and setting, $1.42 12, 801 30 253 feet /J-inch new granite circular curb and setting, .$2.05 51s 65 23, 674 96 Those quantities were theones represented to me as being on the street, mine being only 7,491, I asked for the explanation of the difference, and Mr. Oertly said that in measuring the curb his impression was they had measured the returns that were put into the intersecting streets back to the building line instead of simply what was on the face of the street. Those spaces belonged to the'intersecting streets ; but he said the same contractor had put those in, they were measured in. and put into this voucher. Making allowance for that, I find the quantity is just about right. I do not recollect the figures exactly. That is all that I have on East Capitol street. Mr. Wilson. How much curb is really charged to that street? — A. The whole of this is charged to the street. The whole of this work. Q. And it was laid there by the contractor. Who did the curbing for that street as I understand you ? — A. There were several contractors as I understand. Governor Shepherd. There was a change of grade, change of work; The Witness. I asked the auditor whether this street had been credited with this material that was hauled off, and lie said there w;is no credit, but he supposed it ought to be done. This is all I have except (xovernor Shepherd. Did the auditor state to you that there had been additional work done on that street since the assessment was made, which would overbalance the amount of curbing overcharged I The Witness. No, sir. Governor Shepherd. That is the fact. Mr. Wilson has lirought this subject up before. Mr. Wilson. When .^Ir. Forsyth was on the stand, I asked him about this. The Witness. That is all I have in regard'to actual measurements, except another thing that came up incidentally. I will exjdain to the committee, and they can do with it what they have a miud to. I no- ticed in the report of tln^ boanl of public works, in IST.'i, that the tabu- lar statement of areas of reservations seemed to have been gotten up, as I understand it, with a view of making out a stat(Miu'nt of what was properly chargeable to these areas on the Government areas on account 2262 AFFAIRS IN THE DISTRICT OF COLUMBIA. of sewerage ; and walking over New York avenne, with a view of mak- ing some examinations there, I happened to get on some of these reser- vations, and they were very small, one especially at the intersection of H and Thirteenth streets, and it seems to me it was all in the streets ; so I turned back, when I got to my room, and looked at that table again, because I thought I had noticed that there was a considerable area there, and I found that there was considerable area there ; and then I went to work and measured some of those areas on New York avenue as I was going up and down, and calculated them, merely as a matter of comparison, with the tables. I have the results here. But otherwise than that I did not examine New York avenue ; indeed, I did not have any time to make an examination of quantities particularly, and I merely made these measurements as a sort of matter of curiosity. By the Chairman : Q. Do you regard them sufficiently accurate to test the accuracy or inaccuracy of what had been done by the engineers ? — A. Yes, sir ; they are accurate measurements. Governor Shepherd. It belongs to the Government in fee-simple, whether it is an avenue or reservation ; whether there is anything in the question after all. It is Government property, whether you consider it as avenues or reservations. Mr. Cluss. I think it is important to be shown to show the errors of the District. The Chairman. We will hear it. The Witness. I will state that I noticed, upon a further examination of the table, that the table purported to give the areas of all the avenues, of the streets, and the reservations in addition, .md if the areas of the streets and reservations are properly given in that table — ^that is, if that table gives the areas of the avenues and streets — why, then, these are unquestionably inaccurate, because I noticed, upon an examination of them, that the difference between the quantities that I made and those that I found in the table could be substantially reconciled by including the half of the width of the adjacent streets, as well as that which was within the building-line, then I would get about the area that was in the table. Q. Is not that probably what was done? — A. I suppose it was. Q. And then it is a simple question whether that much of the areas of the streets was duplicated or not ! The Chairman. Let us hear what you have got. Mr. Stewart. If it is on that theory, just that fact will enable us to investigate it. Mr. Stanton. It is a question then to be determined 5 not a matter of calculation. Mr. Stewart. Let them go in. [The Witness then read as follows :] Areas — ^reservations. K2 a 1^ a &(i; pq K Feet. Feet. 2,550 10, 500 3 2-10 5, 300 9,078 22, 360 8,168 22,950 2,700 Between New York avenne, H street north, and square 251 Between Kew York avenue, H street north, and Thirteenth street west Between New York avenue, I street nortli, Tenth and Eleventh streets west Between Xew York avenue, I street north. Eleventh and Twelfth streets west Between New Hampshire avenue, O street north, and Twentieth street west TESTIMONY OF J. BLICKENSDERFER, JR. 2263 By tlie Chairman: Q. "What would it be measuring as you have tbe other streets 1 — A. If you will take the fact of the width of the streets adjacent, you will get just about 10,500. 1 did not measure it accurately; but finding these differences, I took the map and drew the lines, and estimated by scale what the addition would be, and find it makes just about this, and I suppose that is what it is. That is the case I explained to the committee in my previous testimony. Indeed, that was one of the things that drew my attention to it. Q. What is your impression, as to whether or not these discrepancies can all be explained upon the theory of the New York avenue, taking in the other streets? — A. They seemed to be; I am not quite sure whether I examined them all. But I know I examined several. First I drew a line in the avenues to see whether that would reconcile it, but it did not ; and then I found by omitting the avenues and putting in half the adjacent streets — always two streets and an avenue forming the reservation — by omitting the avenues and taking half the adjacent streets on the two sides of the reserv'ation, calculating that in, seemed to reconcile the difference. Mr. Stewart. Have you reported all the cases you have examined ? Mr. Stanton. Have you requested any explanation in regard to this discrepancj' — this last table ? — A. No, sir; I only finished that yester- day, when I was here in the Capitol. By Mr. Wilson : Q. With reference to these last tables you have mentioned, I under- stand you that the tables you refer to are those tables that are made up for the purpose of showing the area, avenues and reservations, for which the Government should be taxed ! — A. I believe that is the caption of the table. If you will give me a copy of the report of 1873 I will refer to it in a moment. Q. Can you tell from your examination whether or not the areas have been duplicated by this mode of measurement? I want to know whether you can tell from your examinations whether or not the areas have been duplicated in this mode of making up these tables. — A. I can only tell by assuming that this table, on i)age 33 of this report, tiie caption of which reads the tabular statement of areas of avenues and streets in the drainage-sections of the city of Washington, then giving the square feet and the avenues, and the square feet and the streets — assuming that these are the areas of the streets and avenues absolutely By Mr. Stanton : Q. Including the reservations'? — A. No, sir; excluding everything else, that they are the areas of the streets and avenues. Assuming that to be true, then these quantities have undoubtedly been duplicated. Q. Is not that the same as assuming that they have been dupli- cated ? — A. No, sir. Q. I want to know whether you can tell if they have been du- plicated except by measuring the entire extent of the avenut^s them- selves ? — A. You cannot tell it as a matter of fact, but if this table, as I read it and as it purports to be, contains the areas of the streets and avenues, then tliis additional table, which purports to contain the areas of the reservations besides, has uniincstioiiahly , for which we propose to show vouchers and other things to cor- roborate the statements which have been set forth in detail. Q. These are the detailed statements ? — A. Yes, sir. Q. This is the recapitulation of the wliole amount of each avenue and the grand total '^ — A. Each avenue shows the voucher referred to, to- gether with the square, and it states the kind of work embraced on each voucher and when the work was done, and the amount. So that it can be referred to without any difficulty. You can have any vouch- ers for any one of these statements. By Mr. Wilson : Q. That commenced at what time ? — A. I think it commenced as far back as 1815. Q. And comes down to what period ? — A. To 1871. Q. The time the board of public works took charge ? — A. Yes, sir. Q. Have you made up in that a complete statement of all the amounts that were chargeable to the Government of the United States on ac- count of work done on avenues ? — A. Along the avenues and crossings. Q. From 181.5 up to the time the board of public works took posses- vsion ' — A. I understand it is up to the time the board of public works took possession. That is the way this work is done by the old corpora- tion, and up to the time the board went into operation. Q. How did you get at that ? — A. From the vouchers and accounts that are in these boxes, which the committee can see at any time. Q. You think you have omitted nothing? — A. No, sir: I went over them very carefully. Q. And you have put in all that you could find ? — A. Yes, sir ; all that was given to me by Mr. Forsyth. He went over the vouchers himself. . Q. Did you have to rely on Mr. Forsyth for what had been done on the avenues to see how much was chargeable to the Government .' — A. some of the vouchers were for different avenues ; some of them embraced 8ome streets with avenues, and he apportioned off' what was chargeable to the avenues and marked it on the outside of the paper. Q. The accuracy of your results, therefore, would depend on the accuracy of the information given you by Mr. Forsyth. — A. So far as those vouchers are concerned that have streets and avenues in them Ijoth ; but then there are some vouchers which are avenues alone ; that will show for itself. Q. 1 say that so far as he had to apportion this between the streets and the avenues, you had to take his statement, and you are not resi)onsible for any errors there might be there ? — A. No, sir, not at all ; that is a work of his. By the Chairman: i}. But you have the vouchers ? — A. Yes, sir. Q. The vouchers referred to hen; you have ? — A. Yes, sir ; and they can be referred to in a moment. Q. And those will verify his apportionment ?— A. I can verify his, 2268 AFFAIRS IN THE DISTRICT OF COLUMBIA. because it is in figures. He has it written clown in pencil on the back, how much for ^ew Hampshire and how much for Maine. One voucher may include four or five avenues. By Mr. Wilson : Q. In making up this statement, what you mean to say is this : you found some vouchers that embrace both streets and avenues ? — A. Yes, sir. Q. And Mr. Forsyth would tell you how much of that belonged to the avenue? — A. No, sir; he did not tell me that; he put it down himself. Q. He would put it down 1 — A. He would mark it on the back of the voucher. Understand me, Mr. Forsyth and a clerk in the oliQce, who was here, put down the amount as Mr. Forsyth called them off to him, picking out such vouchers as appertained to the avenues. He would call them out and put them down. After they" were down, I took all the l^apers and the vouchers, and with three or four clerks I called otf the vouchers and they checked off the amounts against them, and 1 went over them after that. But the original statements put down are not made by me ; however, I will guarantee that they are correct. Q. I am not talking about the accuracy of your putting down your figures. I am talking about whether you are in any way responsible, or have any knowledge as to the accuracy of the amounts that were put down by Mr. Forsyth, as to what appertain as to avenues. — A. No, sir. Q. You do not know any thing about it ? — A. No, sir. I will say this much, that the vouchers themselves, many of them, call for avenues alone. Some of them call for avenues and streets. He being familiar, of course, with that, went over the vouchers and apportioned out what was properly charged to the avenues. By Mr. Stewart : Q. Did he have any record ? — A. That I cannot tell you. By Mr. Wilson : Q. Bid he make that separation there in your presence I — A. No, sir ; not at the time; I was in the next room engaged in other work; but after he was done I went over the vouchers. There are his pencil marks on the vouchers. Q. Then you made up your statements from his pencil marks ? — A. Yes, sir. Q. Do you know in what way he made this separation — what data he had to go upon? — A. No, sir; I cannot tell you; that I do not know anything about. Q. In making up this statement, so far as the avenues are concerned, did you charge the whole amount of the voucher or t\vo-thirds ? — A. I think that I understood him to say that it was two-thirds or one-third ; I forget now. Q. Here, for example, there were some vouchers which you say were for avenues alone. Now, in those cases, you did not rely upon Forsyth's figures, but you took your own ? — A. Well, I relied upon them because his figures were there, and I checked off the vouchers to compare with those figures. Q. Did you take the full amount of the voucher, or two-thirds of the amount of the voucher? — A. I took the full amount of the voucher, i believe in every voucher where it says " avenue " that the whole amount of the voucher was taken. Governor Shepherd. The corporation paid the whole of the vouchers TESTIMONY OF THOMAS D. WINTER. 2269 under the old law. Whenever an assessment was made it did not go on to the books of the corporation at all, bnt on to the private-assessment books. The Witness. Then there are some items here not taken from vonchers, but from the ward books, which are here and which can be referred to. By Mr. Wilson : Q. What is there to verify the ward books, simply a chaise on the books ? — A. That is signed by the commissioners of the ward. Q. That is the way you made tiiat up t — A. I believe that is the way ; at least there are the books. It is made up from that, under the head of " paving, curbing, and grading," the usual form signed by the com- missioners for the work done. Q. Have you any items of payments on that statement of yours ? — A. No, nothing at all, sir. Q. It is simply a statement of the amount of work done by the old corporation! — A. Yes, sir, including grading and paving — all items; and there are one or two very large items there. Q. That is intended to be a full and complete statement of all the work that had been done by the old corporation on the avenues, from 1815 ? — A. Yes, sir, up to 1870, the time that the board went into ope- ration. By Mr. Mattingly : Q. Were not instructions given to reject everything that was doubtful or which could be caviled at ? — A. Yes, sir ; so I understood. I know Mr. Forsyth was very particular in regard to that matter. 1 had some conversation with him about it. if everything here was complete. Be- fore 1 made up the final statement in order to verify his work, I went over it myself personally and examined it to see that all tlie vouchers were there, and that the items were correct ; and he told me that he had gone over them carefully and taken out everything that apper- tained to the avenues, and nothing beyond that. The Witness. I wish to make an exi)lauation in regard to this as- sessment of Nineteenth street, which Mr. Class has si)okeu of, which he was unable to obtain. Some week or so ago Mr. Forsyth received a letter from the board requesting a copy of the assessment of Nineteenth street from E street to Boundary. The letter was referred to me. I did not exactly understand why the assessments were needed, and I went down to the board and made inciuiry. I found out that there was an item in connection with tbe expenditure for some sodding, which was not in<;luded in the auditors ex[)enditures, and was afterward called for from Mr. Barney, lie sent it up by me. I went down personally at the time the assessment was made, which was the last of Novem- ber. He gave the item in writing and signed his name to it. It was included as part of the expenditures. I took down this item, as I understood from the board that Mr. Class had not seen this thing. I produced a copy of it signed and certified to by Mr. Forsyth. He said he was not satisfied witii that but he wanted a statement made up. If you will give me an annual report,! will show you exactly wiiat I niean. It has been the habit always when an assessment has ix'cn made — the time that the first si)ecial assessments were com- menced — for the auditor of tlic board of public works to make out such a tal)ular statement as that. He said, " 1 want a taluilar state- ment." I told him I could not get that, because our olficc did not make anything of the kind all tliat we dcial in is dollars and cents, not meas- urements. He produced this l)t)ok in the oflice of the vice-president, 2270 AFFAIRS IN THE DISTRICT OF COLUMBIA. aod said that was what lie wanted. I told him we never got that up, that it belonged to the auditor's office ; but so far as the squares or front feet were concerned, that we gave. I then forwarded the expenditures. He not being satisfied with that, I gave him duplicates of all bills that had been forwarded by the auditor of the board of public works for assess- ments, and sent them down. I say I forwarded them to the board ', all the bills of expenditures that were assessed against Nineteenth street from E to the Boundary. Now, Mr. Cluss speaks about being refused assess- ments. The asesessments are of no value to him whatever; they are mat- ters of dollars and cents. In making up an assessment I don't look to measurements at all ; I don't care anything about them ; all I want is the money part. In speaking of assessments, he has misled you in one re- spect. He should have said that he wanted a tabular statement made out in that form by the auditor after an assessment was forwarded by the board. Now, Mr. Cluss himself understands this that when that assessment was made The Chairman. He understands that as well as you do, he says. The Witness. The reason he could not get that was that the assess- ment went in on the 19th of November last, and the annual report was made on the 31st of October, which included this tabular statement. I do not know whether the auditor has made out another form correspond- ing with that assessment or not, and giving the details which I gener- ally furnish him in regard to the general fund, the amount charged to the property-holders, and the United States, and all that, and the squares and front feet. But if he had gone to the auditor, I presume he would have obtained a coi^y, if it is printed. But so far as measure- ments are concerned, we do not care anything about it. We make it up from dollars and cents. The Chairman. This statement furnished by the auditor, I see in the margin " No. of voucher ; " does that refer to the voucher on file for the expenditures ? Governor Shepherd. Yes; all the vouchers are here — everything. RECAPITULATION. Maine avenue $786' 07 1,634 70 New Hampshire avenue 14, 451 49 9,317 16 Vermont avenue 12, 90'2 40 13,918 49 Massachusetts avenue 20, 291 43 38,278 41 Conuectieut avenue 28,611 46 11,742 92 Rhode Island avenue 21, 146 89 19, 366 93 New York avenue 8,954 13 29,585 00 New Jersey avenue „ 50, 404 81 36,475 34 Pennsylvania avenue 38,808 38 336,651 67 $2, 420 77 23,768 65 26, 820 89 58,569 84 40,354 38 40, 533 82 38,539 13 86,880 15 375,460 05 EXPENDITURES ON AVENUES. 2271 Delaware avenue 11,;V25 51 1 , 0:53 '30 12, 358 81 Maryland avenue 14,'il5 39 11,878 71 '^9,094 10 Virginia avenue 30, 945 68 17, 134 71 48,080 39 North Carolina avenue 20, 884 39 10, 137 (i4 31,022 03 South Carolina avenue 9, 135 10 6,029 58 15, 164 68 Georgia avenue 217 27 5,160 17 5,377 44 Louisiana avenue 64,279 97 4,640 84 68, 920 81 Tennessee avenue 48 00 Kentucky avenue 706 23 Missouri avenue 4, 997 27 2.878 90 7,876 17 Indiana avenue 76,428 20 2, 866 91 79,295 11 Ohio avenue 743 44 8,547 13 9.290 57 Sewer, Pennsylvania avenue, Twentieth to Twenty-sixth street 7, 467 64 Franklin Square 5,811 94 Grand total 1,010,861 60 The following documents, offered in evidence by Governor Shepherd, and ordered printed : iStatement of total expenditures on each and every avenue of the city of Wa,shi)Uffon made by the corporation of Wanhinyton since 1815, and by the board of public icorks, icith payments made on account of same by the United States Government. 1«:CAI>ITL'LATI0X. Balance due. Delaware avenue 828, :?54 58 New Jersey avenue 191 , 3;36 28 North Canilina avenue 17,981 11 South Carolina avenue 13, 129 52 Georgia avenue 1, 665 44 Virginia avenue - 9,240 57 Pennsylvania avenue 226, 0^6 00 Kentucky avenue 706 23 Tennessee avenue 48 00 New York avenue 36, OtHJ 84 Vermont avemu; 5s, 828 96 Connecticut avenue 3H, 156 02 Rhode l.sland avenue 97.297 19 New Hainiiwliire avenue 47,948 45 Ma.ssachusetts avenue lll.»86 31 Ohio avenue 13, 089 03 Louisiiina avenue 77,1)20 96 Indiana avenue 42,035 91 Mis.'iouri avenue 9. 9()2 55 Maine avenue 6, 075 38 Maryland avenue 791 73 1,029,039 86 2272 AFFAIRS IN THE DISTRICT OF COLUMBIA. Delaware avenue. Expended by corporation, (see detailed statement appended) $12, 358 81 Expended by board of public works, (see statement of auditor appended,) 24,743 36 Total expended 37,102 17 Less amount justly chargeable to private property 8, 247 79 28, 854 38 Payments made by United States to date Balance due 28, 854 38 Neio Jersey avenue. Expended by corporation, (see detailed statement appended) $«86, 880 15 Expended by board of iiublic works, (statement of auditor appended) 214,773 20 Totalexpeuded 301,653 35 Less amount j ustly chargeable to private property 71, 591 07 230, 062 28 Payments made by United States to date 38,226 00 Balance due 191,836 28 Maryland avenue. Expended by corporation, (see detailed statement appended) $26, 094 10 Expended by board of public works, (statement of auditor appended) 197,322 95 Total expended 223,417 05 Less amount j ustly chargeable to private property 65, 774 32 157, 642 73 Payments made by United States to date 176, 851 00 Balance due 791 73 North Carolina avenue. Expended by corporation, (see detailed statements appended) $31,022 03 Expended by board of public works, (statement of auditor appended)... 31,790 63 Total expended 62,812 66 Less amount justly chargeable to private property 10, 596 88 52, 215, 73 Payments made by United States to date 34, 234 67 Balance due 17,981 11 South Carolina avenue. Expended by corporation, (see detailed statement appended) $15,164 68 Expended by board of public works, (statement of auditor ajipended) 11,169 25 Total expended 26,333 93 Less amount justly chargeable to private property 3,723 08 22,610 85 Payments made by United States to date 9,481 33 Balance due , 13,129 53 EXPENDITURES ON AVENUES. 2273 Georgia avenue. Expended by corporation, (see detailed statement appended) .s5, :j77 11 Expended by board of pnblic works, (statement of auditor appended) Total expended ."», :!77 14 Less amount justly chargeable to private property 5,377 44 Payments made by United States to date 3, 712 00 Balance due 1, (Kju 44 Virginia avenue. Expended by corporation, (see detailed statement appended) S48, 080 39 Expended by board of public works, (statement of auditor apjieuded) 70, 509 17 Total expended 118, 589 56 Less amount justly chargeable to private property 36, 449 C6 8-2, 139 90 Payments made by United States to date 72, 899 33 Balance due 9, 240 57 Pennsylvania avenue. Expended by corporation, (see detailed statement appended) S^82, 927 09 Expended by board of public works, (statement of anditor appended) 557, 953 47 Total expended 940,881 16 Less amonut j nstly chargeable to private property 122, 168 37 818,712 79 Payments made by United States to date 592, 020 79 Balance due 22(i, 080 00 Kentucky avenue. Expended by corporation, (see detailed statement appended) §706 23 Expended by board of public works, (statement of auditor appended) [ Payments made by United States ' Balance due 700 23 Tennessee avenue. Balance due jS;4S oq Xeiv York avenue. Expended by corporation, (see detailed statement appended) / X^' ^"i^ P ^ ^ (29, 58;} 00 Expended by board of public works, (statement of auditor appended) 209, 094 51 Total expended 1108, 233 64 Less amount justly chargeable to private property 7^ 850 36 229, 383 2^ Payments made by United States to date 19:5, 283 44 Balance due 30,099 84 T'ermont avenue. Expended by corporation, (sec detailed statement appended) ^ '^i.']'!|\o n Expended by board of public works, (statement of auditor appended) r<2', S52 32 Total expended lo;(^ (;7;{ oj Less amount justly chargeable to private property 27, 017 44 82,055 77 Payments made by United States to date 2'.\, 22() 81 Balance due 5H .'^oji y^ 143 DOT 2274 AFFAIRS IN THE DISTRICT OF COLUMBIA. Connecticut avenue. I '111 742 02 Expended Ly coriioration, (see detailed statement appended) < "^^^ ^.^^^ \q Expended by board of public works, (statement of auditor appended) 171, 175 35 Total expended 211,529 73 Less amount justly chargeable to private property 53, 107 44 158, 422 29 Payments made by United States to date 120, 2G6 27 Balance due 38,156 02 Bhode Island avenue. Expended by corporation, (see detailed statement appended) < ''oj' j^g gg Expended \fy board of public works, (statement of auditor appended) 123, 782 55 Total expended 164,316 37 Less amount justly chargeable to private property 41, 260 85 123, 055 52 Payments made by United States to date 25,758 33 Balancedue 97,297 19 Neic Hampsliire avemie. Expended by corporation, (see detailed statement appended) \ |^' ]j.^ ^^ Expended by board of public works, (statement of auditor appended) ... 120, 160 43 Total expended 143, 929 08 Less amount justly chargeable to private property 40, 053 48 103, 875 60 Payments made by United States to date 55, 927 15 Balance due 47,948 45 Massachusetts avenue. Expended by corporation, (see detailed statement appended) < ^20*291 43 Expended by board of public works, (statement of auditor appended) 530, 548, 76 Total expended 589,118 60 Less amount justly chargeable to i^rivate property and intersections 162, 157 14 1426,961 46 Payments made by United States to date - - 315, 375 15 Balance due 111,586 31 Ohio avenue. Expended by corporation, (see detailed statement appended. ) < *' ' -.^g ^^ Expended by board of public works, (statement of auditor appended.)-- - 13, 969 07 Total expended 23,2.59 64 Less amount justly chargeable to private property - 4, 656 36 18, 603 28 Payments made by United States to date 5, 514 25 Balancedue 13,089 03 Louisiana avenue. Expended by corporation, (see detailed statement appended) < 64^279 97 Expended by board of public works, (statement of auditor appeuded) .. 35, 068 74 Total expended 103,989 .55 EXPENDITURES ON AVENUES. 2275 Less amouut justly cbargable to i)rivato property 87, 145 86 9G, 843 69 Payments made by United States to date 19, 222 73 Balance due 77,620 96 Indiana avenue. Expended by corporation, (see detailed statement appended) $79,295 11 Expended bj" board of public works, (statement of auditor appended) Total expended 79,295 11 Less amount justly cbargeable to private property 79,295 11 Payments made by United States to date 37, 259 20 Balance duo 42,035 91 Missouri avenue. Expended by corporation, (see detailed statement appended) < '*■ .' yy-. ,,7 Expended by board of public works, (statement of auditor appended) 24,502 11 Total expended 32,378 28 Less amount j ustly chargeable to private property 4, 083 68 28,294 60 Payments made by United States to date 18, 332 05 Balance due 9, 962 55 Maine avenue. Expended by corporation, (see detailed statement appended) < '^ ' ^^r. q« Expended by board of public works, (statement of auditor appended) 24, 066 13 Total expended 26, 486 90 Less amouut justly chargeable to private property 4, Oil 02 22, 475 88 Payments made by United States to date 16, 400 50 Balance due 6, 075 38 Statement of expenditures hy the hoard of public ivorks on account of the avenues in the city of Washington, D. C. Mtllvf To whom paid. Kind of work. Amoamt. 1 CONNECTICUT AVENUE. 1872. 1 Street $12,000 00 25.'J9 do do 20,000 00 2658 do do 10.000 00 2T;:{ do do 10, 000 00 2 do ....do 3746 ...do ....do 5, 000 00 3,000 UU 3821 do ....do 2276 AFFAIRS IN THE DISTRICT OF COLUMBIA. Statement of expenditures hij the hoard of puhVic ivories on account of avenues, . Hannan William Hussey. , do ■-. P. Brenna do William Hussey. D. Hannan A. S. Pdchards... William Hussey. do ;.. do I). Hannan William Hussey. do ■.. Simon Carmody.. Kind of work. ...do . ...do . ...do . ...do . ..:do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . Sewer Street. ...do . Sewer. ...do . Street. ...do . ...do . Street,ItoK Sewer, B to C Street,! toK Street, B to C Rep'g water-service, B to D Lowering mains, B to D Street,BtoC , Hauling curb Removing old material Amount. S2, 4.50 49 500 00 635 20 50 00 332 50 224 70 5, 600 00 983 16 1, 863 64 1, 808 37 5,000 00 8, 600 00 2, 155 98 7, 053 80 5, 000 00 700 00 245 36 358 15 214 00 2, 500 00 171, 175 35 ^1,189 63 1, 430 26 3,261 97 10. 000 00 331 80 845 25 7, 408 62 130 08 145 75 24, 743 36 Street ...do ...do ...do ...do ...do ...do Sewer- work ...do Street ...do ...do Repairing water-service Side-walks . Street ...do Repairing water-service Street ....do Total. Sewer ...do Street Repairing water-service Street ...do ...do ...do Repairing water-service Street ....do ...do 15, 000 00 600 00 4,787 11 5, 993 49 765 97 120 00 4, 686 50 117 96 1, 542 98 35 80 481 15 907 78 30 00 74 |2, 500 00 851 16 500 00 135 25 300 00 500 00 2, 018 13 51 00 1,012 44 309 52 246 60 500 00 500 00 3, 989 40 34 95 9,137 40 111 03 1,369 25 24,066 13 EXPENDITURES ON AVENUES. 2277 Siatemenf of expenditures hy the hoard ofpuhlic works on accountof avenves, .J-c. — Contiuued. Number of voucher. To whom paid. Kiml of work. Amount. 1872. 128 1322 1715 2015 2542 25G0 2742 2770 2796 2987 3044 3108 3343 3843 1873. 234 287 315 686 and 687 809 to 812 1185 1276 1813 and 1814 1935 to 19.39 1975 and 1977 2144 2243 2282 to 2284 2285 to 2288 2359 2360 and 2361 2500 2502 2534 25S4 2632 2703 2837 3092 3275, 3471 I and 3472 5 4575 4762 to 4765 1874. 544 and 545 556 and 557 MARYLAND AVENUE. 543 918 '327 477 1663 1664 1618 1700 1858 1958 2087 2264 2539 2555 2900 2974 2978 3029 3208 3244 3282 3398 3425 3558 C. C. Scriber Andrew Gleasou M. Murijhy Andrew Gleason M. Murphy R. Rothwell Andrew Gleasou M. Murphy Andrew Gleason G. W. Goodall . . . Andrew Gleason M. Murphy Andrew Gleason G.W. Goodall... S.S.Rnsk Audi ew Gleason do H. McLinden M. Murphy do...' G. W. Goodall S. S.Kusk ., Albert Glea.son Andrew Glea.sou Page & Fletcher M. 'Murphy Andrew Gleason do do do M. Murphy do Jauie.s Ragau H. L. Gallaher & Co . Brennan & Hutton . . D. Haunan Page& Fletcher H. V. Colton L. A. Bartlett & Co. W. Fitzhngh M. J". Laughlin Page Sc Fletcher "W. H. Fitzhugh . G.W. Goodall.... H.V. Colton Total. MASSACHUSETTS AVENUE. John p. Hurley. R. G. Campbell . Evans Concrete Company R.G.Campbell do , do D. A. Connolly do '. -do. .do. -do. .do. Evans Concrete Company . D. A. Connolly Evans Concrete Company . LS. Filbert '... John F. Sullivan Evans Concrete Company . L.S. Filbert William Fee L.S. Filbert ThoiiKus Joyce L. S. Filbert Thomas Joyce Street . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . Sewer . Street . ...do . ...do . Sewer . Street , ...do ...do Repairing water-service Street ...do Se^er Street ...do ...do ...do ...do ...do ...do ...do ...do ...do ...do Repairing water-service Seweis ...do ...do Street ...do .do .do .do .do, do "Water-service and sewer. Street Water-connections . Sewer Street Sewer , ....do . ....do . Street . ...do . ....do . ....do . ....do . ....do . ....do . ....do . ....do . ....do . ...do . ....do . Street . ...do . ....do . $1,000 00 8,000 00 2,500 00 6, 480 88 2, 000 00 345 30 3, 000 00 2, 369 (JO 5, 000 00 600 00 1,000 00 3, 500 00 500 00 250 00 200 00 5, 000 CO 4, 362 61 159 28 5, 133 89 649 10 1, 388 28 764 05 1, 000 00 12, 200 31 21, 421 30 12, 577 20 45, 020 91 2, 763 67 3,069 62 2,223 90 806 20 24 60 104 70 1, 592 98 298 98 49 30 1,331 00 636 00 30, 000 00 256 00 7, 000 00 76 79 239 10 185 00 242 80 23 40 2, 000 00 3, 000 00 2, 000 00 255 78 4, 140 45 1, 000 00 1, 500 00 2, UOO 00 3,218 27 1, 929 57 3, 37() 20 13,800 00 5, 000 00 7, 500 00 10,000 00 40 00 10,000 00 2, 000 00 88 80 1, 500 00 800 00 2 9 8 22 ' 500 00 2278 AFFAIRS IN THE DISTRICT OF COLUMBIA. Statement of expetiditures of the hoard of puMio works on account of avenues, ij-c. — Continued. Knmbor of vouchor. 3572 371-2 3713 3747 374S 3749 3814 1873. 37 85 119 265 395 r)05 815 930 975 976 to 978 1270 1409 1417 1419 & 1420 1515 1567 & 1568 1801 1868 &. 1869 1882 1906 1933 to 1926 1998 2013 2045 to 2047 2049 2055 2093 2094 2335 1873. 2352 2380 2390 2391 2392 2393 2418 2439 2582 2589 2646 & 2649 2663 2«6G 2702 2703 2770 2873 2918 3048 3085 &. 3086 3092 3253 & 3254 3267 3319 to 3333 3337 3338 3339 3457 & 3458 3477 to 3486 3569 3634 3657 3947 to 3851 4000 to 4005 4152 3691 4217 4296 4329 4368 4369 To whom iiaiil. Kind of work. D. A. Connolly j do L. S. Filbert . '. do do [ do Evan.s Con'?reto Company I do do do do do do do P. Bronnnn MorselK'i.- Dosriiig. Thomas Joyce John Eaedy O. O'Hnre & Co. Sewer . Street . ...do . ...do . ...do . Evans Concrete Company \ do . Sewer . Street . ...do . ...do . ...do . Thomas 1'. Morgan . L. S. Filbert . . . Thomas Joyce. do........ W. A. Wroo . . . Emniart, Smith Sc Co ' Sewer service do I Repairing water service do I ao D. A. ConnoUv j Street L. S. Filbert . ' j ... .do P. Crowley I'i: Co do D. A. Connolly .do K. G. CamplH'il Sewer D. A. Connolly ! Street L. S. Filbert . ". j .... do P. Crowley & Co do 1). Haunaii Eopairiug water-service L. S. Filbert do do Street. P. Breunan Sower Thomas Joyce Street . do do O.Onare ifc Co ...do Dufoiir & Co Street. Evans Concrete Company do . Thomas Joyce '. Sewer. .do do . do do . do Street L.S. Filbert do . Evans Concrete Company do . G. H. Boston, president do . P. Crowley & Co do . .do • L. S. Filbert. James Itagan do..:. D. Hanuan do James TIndson H. V. Colton P. Brennan L. S. Filbert O. O'Hare&Co H. V. Colton Emmart, Smith &. Co do do Evans Concrete Conipiiuy , P. Crowley & Co do do do James Kagivn Evans Concrete Company N. Acker F. McGhan N. Acker Himber it Groat George H. Boston Albert (ileasou AV. llankes D. A. Connolly do : -. W. Whelan Thomas Joyce do....' Repairing water-service. ...do ..." ...do ...do Street ...do Sewer Street ...do ...do Repairing water-service. do ...do Street ...do ...do ....do ....do Moving water-maiu Street ....do Repairing water-service . Street...". Sower Street ...do AYater-service Street ...do Reparing water-service. Street ...do Amount. 1500 00 58,079 78 18,000 00 5,000 i;o ,5,000 00 5,000 00 17,000 on 192 84 20 00 521 00 191 20 400 00 500 00 217 62 000 00 000 00 000 00 60 90 13 02 254 52 400 55 17-< 38 1)00 00 COO 00 000 00 368 45 980 00 000 00 320 00 100 05 795 81 731 77 150 20 000 00 000 00 000 00 171 35 000 00 527 42 534 25 085 94 9,-8 65 000 00 000 00 000 00 000 00 424 71 75 45 47 75 31 75 16 50 85 CO 069 60 867 76 000 00 5(;2 80 122 37 483 10 7 00 28 95 676 15 448 36 426 35 46 50 31 50 (i3 25 000 00 100 00 53 70 594 87 180 98 417 82 474 07 43 25 000 00 492 94 31 62 495 18 190 40 EXPENDITURES ON AVENUES. 2279 Slatement of exijenditures ly the hoard of pnhUc tvorks on account of avenues, ^c — Contirnu-d. Xntnber of voucher. To whom i»ai(l. Kind of work. Amount. 4377 4502 & 4503 4C27 4053 4728 4735 1874. 51 80 115 lie •)Z>(i Sl, D'tl J. Brooks Sewftr George r. .Schafler | Kepairing water-8er\'ice Albert Gleason I Street... J. 15. ■'■Vickei sbani 6c Sons I do Evans Concrete Company ! do do , do , 13 40 60 74 1. 687 'M 4, 600 00 81 00 1,032 50 28fJ 00 341 00 1, rm .50 194 m 1, .>45 40 2, f:(X) 00 Total *4:ir,,rAi) 31 Thomas H. Williamfl ' do B. F. Lloyd , |....do Evans Concrete Company do do I do L. S. Filbert do H.V. Colton ...do Evans Concrete Company . . . — , as I j MI.'iSOL'lil AVaSLE. | 2642 Albert Gleason I Street 187.3. i I 3684 and iifMl j do , do.. 472 : William Hnssey do . 17.54 George Follansbee I Sewer 2143 Page 24 970 971 1019 185 220 380 438 5f;2 .511 r,-/.) mi', <.m 986 1219 1-265 1372 1422 1453 1.530 16.56 1674 1701 1712 lH.55 1899 19(J0 1998 2rjlO 2fjl3 1937 2023 2051 Samuel C. "Wroe i — do . Total. XEW i'OKK AVE.SL'E. | G. "W. Martinet Street G.W.Gwjdall 1 Sewer T. Thora pson ! Street J. V. W. \''andenbnrgh Sewer James A. Xelson Thomas Joyce T. Thompson , M.F.Kees J. A. Xel.son L.S. Filbert , B. Hutching T. Thompson L. Clepliane A. S. Kesmith do J. A. Xel.TOii B. Uutcbirjs Thomas Kirby J. A. Nelson Pay-roll A. .S. Xesmith Albert Glea.son A. S. Xe.siiiitb Tboma.s Kirby L. S. Filbert.'. A.S Xesmith J. V. W. Vandenburgh L.S. Filbert -do. Street , ...do ...do "Wat^rr-service Street ...do Se-H-er Street ...do ...do ...do ....do ...do .Sewer Street ...do ... «lo ...do ...do Sewer .Street ...do Streets and sewers. Street do. George W. Goo 100 OO .5.000 00 15. 'X'O 00 111 00 1, 500 fX» 3 30 719 40 ' The alKive amount is in fnll for all settled accounts, settled, aggregating $.530,548.76. ?93,9(h2.45 .shonld be added for accounts not yet 2280 AFFAIRS IN THE DISTRICT OF COLOMBIA. Statement of expenditures by the hoard of imhlic iiiorlcs on account of avenues, if-c. — Continued. Number of ■voucher. To ■whom paid. Kind of ■work. Amount. 2055 H.Natei- Street ....do Sioo 00 2143 L.S.Filbert arijo do 2(M0 L. S. Filbert .'. do . 7 000 00 2057 H. Nater do 26:i5 G. W. Goodall 961 55 2872 Thomas Kirby Street 2 500 00 2880 Repairing ■water-service Street 1 000 00 3103 4 000 00 3530 3559 D. Haniian Itoj)airing ■water-service Street Eepairing water-service 15 05 200 00 3738 G. r. Schaffer 4 00 3814 Evans Concrete Company .' 13 500 00 1873. 71 L.S.Filbert Street 9 901 27 72 do do 2 871 51 362 1 536 60 363 & 364 do Street 40 890 96 367 do ....do 1 673 12 368 do ....do 809 40 369 do ....do 647 35 668 J. V. W. Vandenburgli ...do 5.58 12 671 do do 135 80 686 & 687 H. McLinden Repairing water-service Street . 6 90 072 1 850 51 1668 John Sinclair do 602 40 19.55 Jones & Collins. 864 12 2161 Thomas Kirby Street 39 622 25 2162 do 9 738 08 2163 do Street 3 504 08 2494 do ...do 1 139 28 2702 Repairing water-service 24 98 2872 n. V. Coitou 2,011 76 1 690 00 2875 do do . 3092 do ...'.do. .. . 731 51 3182 J. V. "W. Vandenbargh do 1 757 71 4284 267 38 4623 & 4324 L. S'. Filbert do 216 05 Total 269 694 51 NEW HAlirSIIIRE AVENUE. D. Hudnell Street 1871. 570 4 726 85 719 ....do 302 17 721 . . .' do do 240 28 852 do ....do 361 99 1872. 664 do ...do 1 094 93 669 do . . . .do 1 573 13 709 do do 475 00 715 do do 1 012 05 754 do do 2 301 95 789 do ....do 1,516 02 1420 R.S.Hulse ....do 1, 996 08 1960 do ....do 500 00 2235 do do 3 176 32 2.572 J. "V. "W. Vandenburgh do 2, 000 00 2,500 00 923 30 2808 do do 187,3. 1121 & 1122 S. Strong 2969 to 2973 L. S. Filbert Street 30,000 00 3106 & 3107 do ....do 12, 000 00 3169 do ....do 7, 000 00 3268 & 3270 C. H. Moultou 2 900 00 4095 to 4098 L.S.Filbert Street do 5 000 00 4696 to 4709 do 20, 000 00 4847 & 4848 4,984 86 1874. 259 C. n. Moultou 1,282 32 361 Street 9,419 82 .523 L. S. FilbLi-t 1,287 91 613 56 00 614 &615 do . do 1, 520 72 Total 120, 160 43 NEW JEUSEY AVENUE. K. IT.Rvan do Street 1872. 3410 1.000 00 3704 & 3705 ....do 4. 000 00 EXPENDITURES ON AVENUES. 2281 Statement of expenditures of the board of public works on account of avenues, ^c.—Contjiuiied. Number ot Toucher. 1873. 85 ■2-x) 2?-! to -Ssf) est) ^t Gi7 897 i S9S 157-2 1()3S) 1930 & v.y.i-2 2375 2395 2528 260G 2937 it 2938 3057 3058 & 3059 3187 & 3206 3221 3222 & 3223 3229 t.) 3231 3392 >t 3394 3499 Sc 3500 3789 3839 to 3848 3877 to 3878 3889 3944 3900 to 3964 4124 4136 4279 to 4280 4332 to 4339 4367 4370 to 4373 4404 to 4405 45.16 4654 4656 4781 to 4782 4828 4833 1874. 135 to 137 544 to 545 568 Sc 569 To ■whom paid. Kind of work. Amount. 1871 Morsoll & Dearing Street !).&. Kllothwell.. do K. H. Kvan do H. :^icLiIuleu! <}o John Harrv ■*}" A. S. Kichaids do 11. H. Kyan *}o do' tlo A. S. r>ichard.s do Thomas Joyce Sewer John Banv Street L. A. Bartlett & Co do Z. Jones James Ragan do K. H. Kvan David Iveppel do W. C. Whitney R. ll.Kyau Z. .Jones do AV. C. Whitney Z. Jones - K.H.Kyau [ Sewer do I. ...do . Z. Jones ! Street do I.... do . John BaiTy I do . J. S. Baldwin do A.S. Pdchards do Thomas Joyce Sewer do Street Thomas Kirby do W. C. Whitney do do ■- do do Ao\ M.Cole t do do 5 000 00 32011 ,lo do 5 (100 00 32'.I8 I). lludufU ....do ' 400 00 3J30 30.r0 .1. (). Evans ....do ....do 13, 372 00 2, 007 05 1 500 00 3842 .. do 1873. 214 J. F. Acker do 250 87 21.") DcGolver & McClellaud do 000 00 220 to 222 do ...do 22' 662 20 250 •119 to 423 P. McXaniara 1). Hudnell ....do ....do ' 400 00 14 710 2.3 424 do ....do 405 79 440 477 1'. JlcXamara do ....do ...do 10, 000 00 2, 712 01 643 do . 812 66 700 Kot b well &, Holden 891 19 707 & 70S do do 2 225 29 771 do do .. 51 00 772 Street Sower Street Sower Street do . 97 60 901 Ciilds \- Nevill(5 1 630 23 920 10, 000 00 4 883 PO 1005 1039 3, 703 7o 3 167 70 1040 do 1007 do Sewer Street 492 45 1374 do 1,200 00 1400 528 82 1430 do do 287 00 1481 do ....do 1 000 00 1559 do ...do 267 29 1570 do do 823 70 1044 do ....do 10 000 00 1CS8 to 1095 do do 5 729 46 1745 do ....do 1 200 00 1822 Sewer Street do 348 10 1331 1). niidiicii 015 00 2209 W. II. WrislJt 16 27 2572 to 2574 DeGidyei- &. McClelland ....do 8 267 00 2593 M.Colt! 13 00 2027 2043 P. McXamara DeGoIycr & McClelland Street Street ....do 130 49 544 23 2854 to 2800 49 377 38 3017 to 3021 do 5 006 54 3092 H. V. C(dton ...do 2 548 00 3018 ....do 8,080 15 162 90 3709 M.Cnl.3 1 4111 ....do 32 50 4702 to 4707 Street 6 500 00 4780 to 47H2 M.Col.^..? 23 50 4830 to 4832 Street ....do 3, 500 00 764 65 1674. 354 459 to 461 do 15 827 30 513 Ghild.s & Neville Sewer 3 04 544 &. r^4:, 540 & 547 G. W. Goodall do ....do do 14 .50 254 23 550 iSi 557 11. V. Colton Street 86 40 Total 557,953 47 UlIOUK 1.SLAND AVENLK. Street ilo 1671. 498 1 500 00 1008 T. 11. Williams 300 00 1005 ....do 42;j 20 1872. 107 ....do 4.50 00 130 .... do 2, 000 00 367 5(i 135 ....do 2()5 T. H. WilliaiiiH do 298 40 11 1.'; do 201 45 28M9 do 500 00 2933 do 300 00 3131 Street ...do 400 00 3295 do .300 00 3392 Grav l"c Kim: Sewer 500 00 2284 AFFAIRS IN THE DISTRICT OF COLUMBIA. Statement of expenditures hy the hoard of^piiblic tcorks on account of avenues, 4-0. — Continned. Number of voucher. To whom paid. Kind of work. Amount. 3435 Street $500 00 3719 Sewer 2 500 00 1873. 272 Street 500 00 273 do ....do 1,291 92 274 do ....do 71 26 727 ....do 1 200 (10 883 E. Eothwell ....do 132 45 1486 Sewer 9, 664 70 1487 ....do .....w 579 30 1509 do ....do 365 60 1511 H. Mil rray .57 60 1823 ....do 607 58 2122 to 2128 ....do 7, 2.i3 00 2380 ....do 4, 000 00 2439 do . . . do 3 000 00 2487 T. H. Williams ....do 950 40 2988 3, 943 88 1 135 47 3146 T. H. Williams ....do 3245 to 3251 J. S. Baldwin Street 6, 816 00 3271 to 3272 ....do 9, 500 00 3477 to 3486 ....do 1,5,000 00 1, 150 95 3658 to 3660 Riley & Clark ....do 3706 951 00 3786 to 3788 3, 292 00 3, 922 02 3966 ....do 4205 to 4210 J. S. Baldwin ....do 28, 348 92 40 00 4211 do 4223 Street 1, 608 29 4332-9 ....do 158 60 1874. 173 Eiley &. Clark ....do 86 70 182-7 ....do 2,780 80 431-4 L. S. Filbert ....do 1,700 00 485 7 . . do 800 00 638-9 ....do 2, 333 50 Total 123 782 55 SOUTH CAROLINA AVENUE. W. A. Fletclier Street 1871. 1074 497 57 1872. 2685 W. E. Vermillion ....do 1, 000 00 2772 do ....do 1,000 00 2917 do ....do 500 00 3072 do ....do 500 00 3408 do ....do 350 00 3514 do ..do 1 710 00 1873. 550 do ....do 500 00 1715-17 do do 5, 032 26 1807 do ...do 79 42 Total 11, 169 25 VERMONT AVENUE. Street . .do 1871. 595 5, 000 00 1872. 8 E. Dubant 78 00 280 White & Brother do 291 25 446 E. Dubant . . do 18 00 599 P. Brenuan «,. 900 00 1097 5, 000 00 1145 20 00 1304 do 4,370 99 1305 ..do 22 80 1476 D. Hannan ..do 67 62 1511 J. McKenzie 104 00 1668 ....do 5, 000 00 1863 do ....do 5, 000 00 1872 E. Dubant ....do 54 00 1922 do 108 00 2549 Thoma.s Lewis & Co ....do 10, 715 82 3667 ....do 16 10 1873. 302 Thomas Lewis &, Co do 2,235 93 1184 187 20 1155 43 00 EXPENDITURES ON AVENUES. 2285 Statement of expenditures hy the hoard ofimhlic works on account of avenues, tjc— Coutinued. ^unibfT of voucher. To -wliom paid. Kind ol' work. Aiuouut. 2371 2372 2381 27-^1 27S4 3632 3633 1874. 530 535 556 and 557 L. S. Filbert. do do I'. Brennan. . do F. McGhaii.. do Street. ...do. ...do . Sewer Street Sewer ...do. L.S. Filbert. do H. T.Colton. Street ...do. ...do. Total. VIKGIXIA AVEXL'E. 1070 C. C. Scribcr. Street. 1873. 43 563 )2;<3 1501 1857 2012 2238 2572 2G52 2818 2977 32-26 3617 3752 1010 2823 .do. .do. J. T. W. Vandcnburgh. do do A Ibert Gleason .J. T. W. VandenburKh do do do do do do do ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . ...do . Sewer vr. Bucklej' . . W. H. Adams .do .do 341 Samuel C. "Wroe , Street Total . 82, 388 61 34,263 44 839 77 1, 001 'J2 241 00 89 50 36 00 3, 498 13 245 00 1, 016 24 82, 852 32 500 GO 500 00 2, 138 50 8, 000 00 7, 000 00 12, 000 00 40 00 17, 800 00 2, 480 00 5, 128 57 2, 500 OO 4, 250 00 1,091 01 2, 560 00 611 25 1, 121 73 700 00 ' 2,088 11 70, 509 17 RECAPITUL.VTIOX. Connecticut avenno filTl, 175 ^.> Delaware avenne ~f) ^^^ 3(i Louisiana avenue "''•») 01)8 74 Maine avenue 24,0ri6 i:} Maryland avenue ^:,*V*r~^ "'^ ^Maissacliusetts avenne -l-'*^'! 'j-l^' 31 Missouri avenne '-^^i -JOS 11 New York avenne 2(ilt, (594 51 New Hanipsliire avenne l' 160 43 New Jersey avenue ~_l-l. ^~3 20 North Carolina avenne ■'! ; *-'0 63 Ohioavenu.-, .IL''*'-'^ ^"^ I\'nnsvlvania avenne or>7,i»53 47 Rhode Ishmd avenue 123,782 55 South Carolina avenue H. 169 25 Vermont avenue ^■*' 8''^"^ ^2 Virginia avenue 70,509 17 Total 2,410,179 55 Anditot .1. ('. U.W, 2286 AFFAIRS IN THE DISTRICT OF COLUMBIA. Theodore B. Samo recalled : Circle at P and Nineteenth streets. The asplialt carriage-way, as measured by Mr. Blickensderfer, is 11,696 square yards- In the circle proper there are 6,775 square yards, being the lueau circumference of the carriage-way multiplied by the width, 45 feet, and divided by 9. The private proijerty fronting on P-street circle is as follows: Square No. 113 36,\ feet. Square No. 135 43 ,4^ feet. Square No. 136 128i^ feet. Square No. 137 36 j^j feet. Square No. 115 43,^ feet. Square No. 114 128f^ feet. Total • 416 feet. And the total carriage-way in front of private property is (416x45—9) 2,080 square yards, of which -j is chargeable to private property aud the balance to the United States. And the total carriage-way chargeable to the United States is as follows : 2,080 square yards, Less one-sixth, 346f square yards 1,733^ yards. Balance of carriage-way in circle (6,775 — 2,080) 4,695 yards. Balance of carriage-way (11,696 — 6,775) 4,921 yards, Less one-sixth, 820^ 4,100'g yards. Total carriage-way chargeable to the United States 10,529e yards. And the estimate, using Mr. Blickensderfer's quantities, will be as follows : Asphalt carriage-way, 10, .529^ squai'e yards, at $3.20 $33, 693 33 Wood carriage-way, 116 square yards. Less one-sixth, 19^ square yards. 96f square yards, at $3.50 338 33 Asphalt sidewalks, 1,837 square yards. Less one-sixth, 306^,square yards. 1, 530t square yards, at $1.35 2, 066 62 Brick sidewalks, 446 square yards. Less one-sixth, 741- 371| square yards, at $1 371 66 Flag sidewalks, 21,195 square yards, at $L25 26,493 75 Straight curb, 2, 694 linear feet. Around the circle, 1,213 linear feet, at |1.50 1, 819 50 Balance of curb, 1,481 linear feet. Less one-sixth 246f . 1, 234Jf linear feet, at $1.50 1,851 25 Circular curb, 927 linear feet. Less one-sixth, 154§. 772^ linear feet, at $2.50 1,931 25 Sewers, 1, 083 linear feet. Less one-sixth, 180|^ linear feet. 902* linear feet, at $4.70 4,241 75 Parking, 136 square yards, at 50 cents 68 00 Grading 4,325 00 Total , 77,200 64 TESTIMONY OF THEODORE B. SAMO. 2287 Add f.nljrick sidewalk, which was hud when I measured the work and which was taken up only a short time before Mr. Blickeusderfer meas- ured it §429 50 Add for 1,'2V.\ linear feet of curb around the circle jjroper, estimated by Mr. Blickensderfor at sl.oO per foot, proper price $2.bO per foot, differ- ence sl.UO 1.213 00 Total 78,84:5 14 Charged to the United States 78,540 I'J Balance due board 202 95 Scoit Square. Mr. Blickeusderfer estimates of as- phalt carriage-way 7, fil2 square yards. Deduct , 1,112 siiuare yards inside of square, G, ."JUO square yards around the square. Less one-sixth 1, 0S:5f square yards. 5, 416^ square yards. 1, 112 Total C,528i square yards at 83.20 $20,890 66 Wood carriage-Atay 2, 221 square yards. Less one-sixth 370^ 1,S50§ at $3.50 6,477 91 Brick sidewalk 4, Ui lO square yards. Of which 1 , 462 sc^uare yards adjoiu the square. Leaving 2, i>?>S on opposite sides- Less one-sixth 423 2, 115 1.462 Total 3, 577 square yards at $1 3, 577 00 Asphalt si de walk 65 s, 828 cubic yards. 99, 656 cubic yards, at 40 cents $39, 86-2 40 No haul is charged, f, 34t» 66 .'.2.693 34 111 1) C T 2290 AFFAIES IN THE DISTRICT OF COLUMBIA. G street, uorthwest, between Twenty-fourth and Twenty-sixth streets, I estiiiuited the j^radiu"- on the gronnd. It iuchided the reservations formed by the intersection of Viro'inia avenue and New Hampshire avenues. I made the amounts as follows : Cubic yards. Grading on G street 17,21(5 Grading on the reservations 16, 5'J3 Total 33,809 Which was charged as follows : Grading, 33,809 cubic yards, at 40 cents $13, 523 GO Haul, 33,809 cubic yards, at 36 cents 12,171 24 25,694 84 Less one-sixth 4, 282 47 Paid by the United States 21,412 37 It now appears, from the investigations made of this locality by Mr. Blickensderfer, that the cross-sections of Virginia avenue include that portion of New Hampshire avenue between H and G streets and the reservations at the intersections of these avenues with G and Twenty-fifr,h streets. I was never informed of this till a few days ago, and I do not believe that either Mr. Oertly or Mr. Forsyth was aware of the fact. The result is that a part of New Hampshire avenue and the reservations have been estimated twice, and the total quantities of grading charged to the United States are as follows : Cubic yards. Virginia avenue • 104, 000 G street and reservations 33, 809 137, 809 Cubic yards. Less one-third of Virginia avenue 34, 66()f Less one-sixth of G street and reservations 5, 634-;; 40,30U Charged to the United States 97,507^ Mr. Blickeusderfer's quantities are as follows : Cwbic yards. Virginia avenue 102, 657 Deduct amount included in New Hampshire ave- nue 23, 279 97,378 Less one-third 26,4.59* 52,918J G street .12,402 Less one-sixth '2, 067 10, 335 63, 253| Differeuce "^4, 253j, In regard to the overcharge for sewers in G street, I measured the length as shown to me on the ground by the board of engineers. On the map given to Mr. Blickensderfer by the chief engineer of the board, it appears that the board built only 730 feet. The United States are charged with 2, 066 linear feet, less one-sixth, 344^, making l,721f linear feet, or an overcharge of 1,112^ linear feet. Maryland avenue. I measured the grading of Maryland avenue from First street east to the Boundary, and I believe that I measured it correctly. The amount of grading is 238,643 cubic yards. I also measured the grading at Stan- ton Place and made the amount 12,932 cubic yards, or a total of 251,575 cubic yards. The amount charged to the United States is as follows : Grading, 238,643 cubic yards, at 40 cents 195,475 20 Haul, 238, 643 cubic yards, at 15 cents 35,796 45 Total 131,271 65 Less one-third 43, 757 21 4 87,514 44 TESTIMONY OF THEODORE B. SAMO. 2291 Orading;, GS8 cubic yards, at 30 cents S20G 40 Less one-sixth 34 40 81T2 no Cfrading, 1-2, -244, at :!0 cents 3, (j72 20 Total cbar;,'ed to United States Ul,359 G4 Mr. IJiickensderfer states that the amount charged to the United States is 2'y7,7S'> ies IDTO and 2(102 of testimony.) and 3,177 yards of rock, at 70 cents, less one-third, niakinjr total eliar<;e to the Uiiited States S cubic yards, less 7i),()(i2^ cnhie yards, leavinj;- 171,i,)12^ cul)ic yards, and not 2.'J7,7^5 cubic yards, as stated b}- Mr. lilickensderfer. Kock excavation does not appear in anj' part of uiy es- timates, and I have neither measured, estinnited, nor charj^ed for any, and it would puzzle Mr. Hliekensderfer to jtoint out, either in my estinrates or in the (iovernor's An- swer, this item of 3,177 yards of rock at 70 cents, two-thirds of which he states has been cbarircd to the United States. He has evidently got the contractors' estimates and the United States estimates mixed, and his testimony as printed is the hrst and only place where I have seen this item of rock excavation. In measurinj;; tbe jrradini;- of Maryland avenue I took the sides of the avenue as I found them. I had neither profile nor ero.ss-seetions, and I am informed bj' Mr. Gleasou, the contractor, that he did a large amount of grading before the cross-sections were taken. My measurement of this avenue includes whatever excavation was done before the cross-sections were taken, whether done by the board of public works or the old corpo- ration of Washington, and I believe it is correct. In regard to the resi>rvation at O and Twentieth streets and New Hampshire avenue, ^Ir. Diiekensderfer does not give tbe details of his measurement. On page 199- of his testimony he states that the overcharge to the Government is s9i')7.90 after deducting S/14.()7, and that taking the same basis that they (the engineers) have the ditfereuce is §353.23. The measurements and estimates of work done oi)posite and around Government property and Government reservations, were made by me in consequence of the fol- lowing acts of Congress: First. "To enable the Secretary of the Interior to pay the expenditures made by the l)oard of puljlic works of tlie District of Columbia for leaving roadway, and curbing, and paving sidewalks, grading, sewerage, and other iini)rovements upon and adjoining the i)roperty of the I'uited States in the District of Colnmbia, §1,241,920.92." (See Laws of Forty-second Congress, 3d session, 1873 ; ch. 18, p. 40.').) Second. "To reimburse the board of ])ublic works for work done around Govern- ment reservations, not heretofore paid, $106,533.00." Third. " To coni])lete the iin]n'ovtMiients of streets and avenues now in progress oji- posite and around (lovernment ])ropeity, §913,497.26." (See Laws of Forty-second Congress, 3d session, 1873; ch. 227, ])p. .526 and 527.) Neither of these laws states that one-sixth or any other proportion shall be deducted, but before I commenced making the measurements the |uecedent had been established of deducting one-sixth of the cost of improvements pertaining to private propertj' op- posite Government ]uopcrty. Mr. Forsyth and I accompanied Mr. IMiekensderfer when his assistants niadethiir measurements at "P " str('et circle, reservation at <) and 'i'weiit ietli streets. Scott .'^iiuare and Kawlins S(|uare, and at my request -Mr. F(usytii explained to him fully the method of measuring that had been establisluMl ; stating tbat we measured all the improvements within the building lines, and charged to the United States all. the side walks, eurlting, and other improvements in front of govi-rnment luoperty. and five-sixths of the sidewalks, curbing, carriage-way. and other imiuovements in fnmr of i)rivatc property. There was no disiiosition on the part of Mr. Forsyth to witliliobl information or to conceal anything. He oti'ered Mr. IJlickeiisderfcr the exclusive use of a room in liis olhce.s at the City Hall, and told him he could have, access to every map, estimate, and paoer ot wliatsoever nature in his iiossession. He gave him ii complete set of maps of tbe entire city, and a printed table showing the width of every street and avenue. He also tendered to him the use of his two horses and carriage. Neither of us was witii Mr. Hliekensderfer when he estimated New Hain])shire, Virginia, and Maryland avenues, for the reason that he did not notify us, though his assistant, Mr. Ulmore, promised nie tbe day In- finisiied the me.asuremeuls of liawlins Square, that if be measured any more work he would give me due notice so that I could be present, and I understood that it was the decision of the committee that Gen- eral Babcock should have the jnivilege of having his engineer present on any work that was to be measured or examined by Mr. Bliekensderfer. (ieneral Babcock was at Scott S()uarethe day Mr. Elmore was taking nu-asuremcnts 2292 AFFAIRS IN THE DLSTKICT OF COLUMBIA. for Ml". Blickeu.sdfit'fr, iiud General Babcock, iu presence of Mr. Blickeusderfer, directed me to tnve Mr. Blickensderfer all the information and assistance in my power, and he- told Mr. Blickensderfer that anj^ information he wanted he had only to ask for and it would be cheerfully furnished. Mr. Blickensderfer told me that he would, before submitting the results of his- measurements and calculations to the committee, let me see them. I called upon him a number of times ; the last time I told him I had called at the request of General Babcock, (it was the same day that the general called.) He then showed me the cross- sections of Virginia avenue and G street, and the result of his calculations of the exca- vation of New Hampshire avenne, Virginia avenue, and G street, but did not show me his calculations of any other work whatever. THEODORE B. SAMO. By the Chairman : Q. You measured all this Goverinuent work, did you uot ? — A. No ;. there was one uieasureuient made before I measured. That was the tirst measurement made iu 1872, before this $1,240,000 was appropriated. Q. Who made that! — A. By au assistant engineer on the Washington Aqueduct, named Mr. Aldrich. Q. What instriTCiious did General Babcock give you with reference to these measurements ? — A. To make them accurately, and to be as^ careful and particular as possible. Mr. Mattingly. Will the committee allow this testimony of Mr. Oertly's, as to Mr. Rives's testimony, to be printed ? Mr, Christy. We should object to that, Mr. Chairman. Mr. Oertly had better be here. Mr. Mattingly. He will be here on Monday. I desire to get it iu print so that Mr. Rives should have au opportunity to examine it. He desires that it should go in. Mr. Christy. If Mr. Oertly will attend for the purpose of beiug inter- rogated iu regard to it I have no objection to it. [The statement of Mr. Oertly is as follows :] New York avenue. Mr. Rives presents, on pages •2024, 202.^, 2026, and 2027, various figures on this avenue. The results of the same sum up as follows : 1, page 2026. That the Government paid .$118,215.30 for the avenue from Ninth to Fifteenth street. 2, page 2027. That the Government paid ,|13.5,.519.84, or $14,047.96 more than the entire cost of the street, which he states at $121,471.84. To this may be added his former statement : 3, page 1307. That the Government overpaid on this avenue $11,862.24. Now, Mr. Rives's statement of what the board did receive for New York avenue, between Ninth and Fifteenth streets, is incorrect. It is clearly enough stated in the Governor's Answer, pages 413 and 414. The measurement (413) of the avenue from Ninth to Fifreenth streets foots up $137,572.80. From this is deducted, (so as to sepa- rate the portions of the street on which live-sixths or sis-sixths was to be paid,) J age 414 — ((. Reservation at Gurley's church. Total amount of reservation, $7,989, of which is chargeable to avenue $5, 717 70 h. Reservation at Twelfth street. Total amount of reservation $11, 141.75, of which chargeable to avenue 8, 471 35 c. Reservation at Tenth street 750 40 (I. Reservation at Tenth street. Total of reservation $19,146, of which chargeable to avenue 7, 000 00 The reservation at New York avenue, Thirteenth and H streets, has no frontage on the avenue. 21,939 45 Total of avenue 137,572 80 115,633 35 STATEMENT OF B. OERTLV. 2293 From tbis one-third is deducted (414) s3,^, ')\i 45 Amount paid by Government on the avenue, on those portions border- in >; on i)rivatf i)n)iierty entirely 77, OdS 90 Amount i>aid by tiie Government on tlie avenue, on portions borderiujf on reservations (the above) " 21, 939 45 Total amount paiuby the Gover nment 99, O-^H 35 Total cost of avenue to board (see table '24, lf*72) 1"21, 471 ^'4 Mr. Kives (paj^e 'JdvJo) refers to the fact that, in tlie above table of 1872, the Go%ern- nient Avas only charged 73, the Government A\ as credited with $17,210.05, and not :$14,939.45. Ponixijlraiiin avciim: Pages 2023, 2025, 2026, also 1307, 2028. I am nimble to state the results of Mr. Rives's figures on this avenue. Page i:!07, he states that the Government overpaid $57,248.91). In my statement, pages l(i72-73, I said that the Government did not overpay, but that there was a balance actually due on the avenue of $1,13(). 39. I jtreseuted in that statement the only true method to arrive at correct and satisfactory lesnlts, theenfireexiienditnres for tlie work then being known. Mr. Rives does not find fault svith the method, but points out the following mistakes, as he ttMins them : 1. Page 2028, " And again (Oertly) he has charged, if you will examine that table, take for instance, page 1072, north of Fifteenth street, six-tenths of an inch — 39 feet. That is one of those Government spaces, what they call such. Now, that is entirely covered by a wood ]>avenient." The space referred to is north of square 15, and not Fifteenth street, and is not cov- ered by a wood pavement. Mr. Rives will find brick footwalks ail around it, and the center parked, if he will take the trouble to inspect the locality. 2. Page 2027, Mr. Rives says, " On I'ennsylvania avenue, for instance, in the testi- mony, page 1()73, he has got 5,937 feet of private property. The total amount of pri- vate property is (),031 feet 9 inches." My statement was derived from the assessment-table (table 24. 1872) and page 156 of the Hoard Report for 1873, and the latter are undDubtfdly correct. Tin- dirt'erence occurs in sipiare west of s(|uarc 14 and square north of square 4. If Mr. Rives will measure the frontage of those squares, as the same now are, he will find that the lengths given in table 12, 1875, viz : s(|uare north of square 4, 23() feet 2 inches; stpiare west of square 14, 178 feet 3 inches, are the lengths from Twenty- sixth street west to the A, Governor's Answer.) Bnt.Mi'. Uivesforgets tliatthceharge, page 4111;. includes 1* street anil Massachusetts avenue to Twentit!th stri;et, that is, opposite to tlie trian- gular reservation west of the P-street circle. In my statement I could only deduct so much of the P-street circle as the auditor had charged to and included in his statement of th(! cost of Connecticut avenue, it would have been wrong to d.-dnct more. 2294 AFFAIRS IN THE DISTRICT OF COLUMBIA. Afassachusctts avenue and Vermont avenue. Mr. Rives, page •2024 does uot refer to luy statement of those avenues — pages 1673,. 1674, and 1675. He merely refers to errors in single iteius, vrhereas I have shown, conclusively, that despite these errors, there is clearly a balance due on Massachusetts avenue of .$53,016. 47, and on Vermont avenue $1,476. 35. Tu-elfth street, southwest. Mr. Rives, page 2024, says that $12,929.03 was charged to private pro])ert.y for sewer, whereas the Government paid .|7,050 of the same. This is incorrect — the .'til2,929.03 is, entirely for sewer between B street south and Potomac River, and B street north and. Penusylvauia avenue, whereas the charge to the Government is for sewer across the Mall. Mar'ket space. The assessments, as per Table 10 of Board Report. 1872, were prepared long before any appropriation was made for the reservations abutting on Market space. The property-holders, as he states, ought to, and undoubtedly will, receive their just draw- backs. Mr. Rives refers to overcharges on sewers on Seventeenth street, (page 2023.) city hall reservation, (2024.) The overcharges are all in consequence of the assumed average price, $4.70 per linear foot, with regard to which I respectfully refer to my sewer state- ment, (1169, 1170, 1171,) which shows that there is still a balance due to the board ou sewer account, and which statement is correct. B. OERTLY. Thomas D. Winter recalled at bis own request. The Witness. I would like to luake a little correctiou before the com- mittee adjourns. Mr. Barney has called my attention to the fact that I stated that it was for sodding- done that he gave that account. 1 should have said for sodding to be doue. The committee adjourned to 10 o'clocli a. m., ^Monday, 25th instant. Monday, May 25, 1874. Committee met at 11 a. m., pursuant to adjournment. Job W. Angus having been sworn, testified as follows : By Mr. Wilson : Question. Where do you reside ? — Answer. In Washington City. Q. How long have you resided here ? — A. For twenty-five years, with the exception of the last two years ; for two and a half years I have been in Chicago. Q. What official position have you held, if any, in the District of Co- lumbia ? — A. I was assistant commissioner of the public buildings under B. B. French. Q. For what length of time ? — A. I think nearly six years. Q. State if you know whether during that time any work was done by the United States on any of the avenues of this city; and if so, on what avenues, and how it was paid for. — .A.. There were api>ropriations passed every year while I was with Major French for repairing and fixing the avenues — repairing of the pavements, grading, laying, flag- ging, &c. I paved Pennsylvania avenue, repaired it its whole length, for that number of ^ears. I laid new flagging from the President's House to the Capitol, or from Fifteenth street to the Capitol, ou both sides of the avenue, the last year I was with B. B. French. Q. Did you do any work ou any of the other avenues ? — A. I did a great deal of work on Virginia avenue. TESTIMONY OF Ji»B w. A\(;rs. 2295' Q. Wiiat kind of work did you do there .' — A. ^Mostly }j;r;idiiij^'; cut- tini;- down and tilliiiji' from the navy-yard to Fourth-arul-a-half street and Seventh street, along in that section. Q. Any otlier avenues '? — A. I did some little jrradin;? on Maryland avenue ; not nnich, however. 1 did a considerable on South Carolina aN'cnne, where it intersects witli Vir.<;inia avenue. All 1 did was . You did work every year for five years ? — A. Yes, sir. <^^. In pursuance of ai)propriations made by law ? — A. Yes, sir. Q. Do you know tin; amount of those a|)propriations ? — A. I do not. (^. Do you know whether you cxiicnded them? — A. Yes, sii; they were all exi>ended. Q. They were all exi)endcd ? — A. Some years there was >!-"),0(>0: 1 think the last year there was eigiit or nine, <;r mayl)e ••r'l(>,(HM», but the com- missioner's otlice will have that all in ; the reporr, bills, and voucher.^ are there. Q. Then while you were assistant superintendent of ]»nblic buildings and grounds, you spent upon avenues and sidewalks whatever ap[)ro- l»riations were nmde by (.'ongress for the purpose ? — A. Ves, sir. r>y M\\ C II HIST V : (^>. Have you ever been intereste(l in an.\ m. liters connected with the improvements of the city since the organization of the present District government? — A. No, sir. (). Non«' whatcn'cr ? — A. No, sii-. (}. You liad no connection with any ofthesi- matters? — A. No, sir. '229G AFFAIRS IN THE DISTRICT OF COLUMBIA. By Mr. Stanton : Q. Yon have not been residing here for some time? — A. Not for two and a half years. By Mr. CiiRlSTY : Q. Were you here in the latter i)art of 1871 I — A. Yes, sir. Q. Did yon have any conversation with John O. Evans, Hal let Kil- bonrn, or William S. Huntington, in regard to the formation of a com- bination or ring to lay pavements under the board of public works ? — A. I had none with Mr. Kilbourn, and not any with Mr. Evans. I had a little conversation with William S. Huntington. Q. Did you have any with any other person on that subject? — A. No, sir ; not in relation to that matter. Q. Were you one of the bidders on the 1st of September 1 — A. Yes, sir ; before the board of public works came into power. Q. I mean on the 1st of September ; that was after they came into ])0wer, and it was the proposed letting of contracts ? — A. No, sir ; when I bid it was under the commission of Micliler, the Secretary of the In- terior, and the mayor of Washington. Q. Did you meet any other persons beside Mr. Huntington ou the subject of this combination ? — A. No, sir. Q. You spoke to no one else ? — A. No, sir ; my dealings were all with Mr. Huntington. Q. Did Mr. Huntington explain to you the existence of a combination at that time? — A. Yes, sir. The Chairman. You need not state what Mr. Huntington told you. Mr. Christy. He says Mr. Huntington did explain to him there was a combination. The Chairman. I say that he need not say what Mr. Huntington said. Mr. Christy. Well, I desire to be heard on that subject. Mr. Hamilton. It is a subject which has been pretty well ventilated, has it not? We cannot take time to go back into it. It seems to me, Mr. Christy, you ought to have exhausted the subject while we were upon it. Mr. Christy. There has been testimony, I take it, offered upon both sides, and there has been no very strict adherence to rules. Mr. Hamilton. AVe want to wind this examination up some time. We do not want to continue it all summer. Mr. Christy. I desire to show, if I can, an admission made by Mr. Huntington as against his coconspirators. The Chairman. We cannot permit that ; you can see that he could not bind anybody but himself. Mr. Christy, But if we can prove the existence of a conspiracy we may prove the acts and declarations of each. The Chairman. For myself I only speak now, and I doubt the pro- priety of that. Mr. Stanton. And Mr. Huntington is dead also. Mr. Christy. Well, that is not material, I presume; we will not, how- ever, press it. By the Chairman, (to witness :) Q. Have you any papers, letters, or documents of any kind on that subject?— A. From Mr. Huntington? Q. Well, from anybody ? — A. 1 had two letters in relation to the matter from Mr. Huntington, but I have but one of them now. Q. Have you it with you? — A. No, sir; I have not. TESTIMONY OF TlIEOliOKE 15. SAMO. 2297 IJy 31 r. Wilson : Q, WIktc is it ? — A. One letttT tli;it I jncsuiiie 1 ^ot from liiiii. I tliiuk, is lioiiie iiiiion^' my piijx'is. 1 liave not seen it for the hist year or ei^iliteeii months. Tlie other one I had I .navetoa friend of mine eon- -c'crned with mc in The bidding. He had also one or two, and I gave liim my letter, lie was Mr. Si)icer. 1 ilo not know where he is I heard that he was in New York. I have not seen him for two years or better. Q. Who weie those i)apers from ? — A. Mr. Huntington. Q. Have you any other papers than those to which you refer ! — A. Ilsot from that source; not from Mr. Huntington. Q. Have you from anybody ? — A. 1 got a letter sent to me a short time ago from Chicago in relation to a private matter. Q. 1 am not si)eaking about what individuals may have written to you recently. 1 am speaking of ])ap(Ms pertaining to the transactions to which your attention was called awhile ago? — A. None, whatever, ex- cept those two letters. Q. That is all you have :'— A. That is all 1 have. Q. And you have not either of them here now ! — A. No, sir. Q. And onl}' one of them is in your possession ? — A. That is all, sir. By Mr, Mattingly : (). Do those letters relate to the subject-matter of your bid ? — A. To the subject of laying the i)avement, which was done by that committee of three. Q. Ivclating to the laying of wood pavements on Pennsylvania avenue, under that commission, before the board of public works was organized, and your conversations ' — A. Yes, sir. The CiiAiiniAX. These two letters were written before the organiza- tion of the board ? — A. Yes, sir. Mr. Stanton. And the conversations also, lie says. Theodore B. Samo recalled. By Mr. Wilson : Q. Do you desire to make any change in your testimony given Ibi- merly as to the manner in which \ou made the measurement on which the money was i)aid bv the (iovernment ? — A. Not that 1 know of, sir. (»). The statement that you Ibrmerly gave to the committee as to the mode in which you made these measurements is as you desire it to remain ? — A. Y'es, sir ; I think so. (^. 1 have not had time to read your statement which you read to the committee last Saturday, but if I undeistood it you seeiiieart of New ilampsliire a\eiiue with me. (}. What distance over it did he go.' — A. From I'street circle to the boundary, and, I believe, from r-stieet <*ircle to Pennsylvania avenue. I do not think we walked the wlntle distance of Peimsyhania axeniie, but i)art of the ilistance i>etween I'ennsyhania a\enue and P-street circle. 2298 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Did you explain to biai liow yoa arrived at all the quautities you bad put down over that portiou of the avenue? — A. I did. Q. You explained that all to him ? — A. Yes, sir. Q. Are we to understand from the statement which you make that the Government has iu no case been overcharged as stated by Mr. Blick- ensderfer ? — A. No ; you are not so to understand. Q. What are we to understand in regard to it ? — A. Virginia avenue and Xew Hampshire avenue, where the streets cross, there is certainly an overcharge ; also in G street. Q. Is there any other place where there is an overcharge ? — A. At Scott Square. Q. Any other place ? — A. Xot that I have examined. Q. Those you say were overcharges, and that the Government has been overcharged at those places, and you ditfer with Mr. Blickensderfer in reference to the balance of it? — A. Yes, sir; that is, those that he has referred to in his testimony. Q. Can you tell how it happened that before any appropriation was made, or any direction was given by Congress to measure this work, you were sent out to measure it ? — A. I can. Q- What is it 1 — A. I was ordered to measure it by General Babcock. Q. That is the only explanation you have to give f — A. No ; the ex- planation is this : This appropriation, as I uiulerstand it, of $1,240,000 was pending in Congress, had passed the House, and I believe had passed the Senate with an amendment, and jiending this amendment the two Houses adjourned. It was believed that the ap|)ropriation would pass, and Governor Shepherd requested General Babcock to have the measurements made, so as to be done and read}' as soon as the a]ipropriation passed ; therefore I commenced the measurement un- der General Babcock's orders the 23d of December, 1872, and completed them. I am speaking from memory of these dates now — the 10th of January, 1873. Q. Ic was for the purpose of having the measurement ready to get the money as soon as the appropriation was passed ! — A. Undoubtedly. Q. Turn to page 9 of the report of 1873, if you please. When you were on the stand before I called your attention, you will perhaps remem- ber, to your letter given on page of that report, and which seems to be in answer to a letter of General Babcock to you ; was wliat you dul, which you refer to in that letter, also in anticipation of and for the purpose of procuring an appropriation, or do you know what tl'e purpose was t — A. I will tell you what the intention was: Governor Shepherd wrote a let- ter to General Babcock to detail an engineer for the purpose of estimat- ing the amount of work that had been done since the last appropriation had been expended. General Babcock detailed me to do this work. This was in November last. 1 commenced making these measurements, but found that there was not going to be time to make a proper meas- urementin timefor the governor's annual rei)ort. 1 told General Babcock so, and suggested to him that we take from the vouchers of the board the amount that had been expended on this Government work since the last estimates had been made. General Babcock acceded to it with this proviso, which I was to state to the governor, that in case Congress should make an appropriation on this estimate that he was to send in, that he would reserve the right to remeasure the entire work. Acting on that, either myself or General Babcock wrote to the governor — I think I wrote a letter and General Babcock signed it — to furnish us with certified copies of the vouchers in the office of the boai'd of jiublic works pertaining to this work, showing the amount expended. These vouchers were fur- TKSTLMONY OF TIUOODKOE 15. SAMO. 2299 uisbed to iiie — tbo identical vouchors presented here Satunhiy — and on them and other vouchers 1 based this estimate, together with the lew measurements I had made in the month of November. Q. Now, you say in this letter of yours that "the estimates of work done by the board of pul)bc works are based ])artly upon actual measure- ments and i)artly on estimates made by the engineers of the board. Copies of the latter, showing tiie various items of the work in detail certilied to by the chief engineer of the board, with the amount ai)[)ro- priated by Congress . In other words, when these tables that are presented here in con- nection with your letter come iiere to this committee, they do not come here with any indorsement of yours as to their being correct or incor- rect ". — A. Practically not, (^. You sim[)ly hand them here to the committee as they were handed to you, and you have ap[)lied no test to determine whether they arec(U'- rect or incorrect ' — A. No test of actual measurenuMit with the exception of these few streets that I di. And it was l)ecause. ;^ou had made no measurmuMits yourself that you lecommended that after api»roi)iiations had been made, if any were made, the work should be reineasured before there w;is any [)ayment made en' any tliial settlement .' — A. I'artly for that reason, l)ut I)rincipally because I ha General llabi-ock. do you mean .' 2300 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Yes. — A. Mjmemory of that is that I went t^ the board of engineer's office, to Mr. Clnss. Mr. Cluss Avas examining- tliese vouchers and sign- ing them. When he got through he transmitted them with a letter to the vice-president of tlie board — I am speaking entirely from memoiy on that point — and the vice-president of the board gave them to me. Q. Thai is all that you know in regard to them, is it?— A. Practically, that is all. Q. Now, if you will turn to ]»age 20 of that re])ort yon will see there an account aggregating $r)73,171.7.j ; that is for work done at va- rious places. 1)0 you know whether that is correct or not? — A. I believe it is a correct transcript. I have not really compared this with the manuscript. Q. But do you know anything about whether the work has really been done which amounts to that amount of money; whether those things are correct or not ?— A. Not from actual measurement; uo, sir. I know that all this work has been done around the Capitol here since my last measurement, but I could not certifv, of course, as to the ex- act amount. For instance, it mentions $283,000 for the work around the Capitol. That I have not remeasured yet. Q. Then I find a cumber of tables here of the areas of Government reservations, streets, avenues, values, &c., that seem to have been pre- pared by Mr. Forsyth, surveyor of the District of Columbia. Do you know anything about the correctness of that ?— A. No, sir. Q. You have never tested that in any way to know whether it is ac- •curate !— A. No, sir; that is not a table of mine. Q. I understand none of these are tables of yours?— A. I think this estimate is copied from what I sent to General Babcock. I presume that is a copy of it. I have never compared it, however. Q. Now, here, on page 32 there is a tabular statement which purports to show that there is $1,050,574.30 due from the United States Govern- ment. From whom did you get that table, if you got it at all ?— A. I got it from the board engineers, I believe. Q. Do you recollect who gave you that table ?— A. I could not say which one of them did now, positively. Q. Was ic made up by Mr. Oertly, do you think ?— A. Mr, Oertly Iiad something to do with it, I believe. I think this was one of the papers that accompanied those vouchers. Q. Do you know how he made it up — the manner in which it was done? — A. I cannot remember now. Q. Did you make any measurement of date of March 26th, 1873? You will find in that table a measurement of March 26, 1873.— A. Y^es, sir. Q. Did you make a measurement of that date? — A. I cannot say as to the date precisely ; I would have to refer to my memorandum. Q. I have never l3een able to find any such one, and if you have one I would like to see it. I spoke to the governor about that sometime ago. — A. I see, following it out, it is Pennsylvania avenue. Yes, sir, I made that measurement. Q. When was that made ? — A. I think this date is correct ; the esti- mate does not appear in the Governor's Answer, does it? Mr. Wilson. No, sir ; I cannot find it. The Witness. Well, it was left out either by the Treasury Depart- ment or by the Public Printer; the measurement and estimate were made of the amount of work done on Pennsylvania avenue, from the ■Capitol to the Treasurv — made by me, and I believe was paid for by the United States. TESTIMONY OF THEODORE JJ. SAMO. 2301 Q. It lias been paid for by the United States? — A. Yes, sir. Mr. AYiLSON. 1 have never been able to tind that nieasnre'iient, and I wonld Hke to have it bron<;ht before the eoinniittee. The Witness. The estimate has no donbt been left ont accidentally from the estimates, because there was another left ont which I had to go to th(^ Treasury J)epartment myself and ha\e supjilied, and if 1 had noticed this was left out I would have had it supi)lie(l. Q. You will tind further down that that ai)pli('s also to Lauisiaini and Indiana avenues '. — A. They are all in one estimate. (}. They are all in one estimate, and all have been paid for .' — A. I believe they have. I will furnish you a copy if you want it. Q. I do not know how it happened, but at the outset of the examina- tion I asked the Treasury Department, and that I did not get. — A. ^Yell, it took me sometime to get the one 1 tried to get from the Treasuiy. (}. Kow, here is a measurement, March ]4, 1873, likewise ap]>licable- to Pennsylvania avenue. Can you tell me where that can be found i There seems to be two measurements of March 14, 1873. — A. 1 cannot explain that now from memory. (). ^Vhat do you know in regard to this additional work that is in the next column of that table ! — A. That was from the statement prepared by Messrs. Forsyth and Oertly. Q. Do you know what that has reference to; what that additional work means; when it was ])erlbrmed ' — A. It means work performed since I made the measurements on which the Government paid. Q. That is what that refers to ?— A. 1 think so. Q. Are you aware of the fact, or have you ever noticed whether in the tirst column and the second column work done by the District prior to tlie board, a measureuient March 14, 1873, embraced the same thing •? — A. ifo, sir. I do not belicA e I ever looked at those tables before — that is, in print. Q. J)id you examine it and scrutinize it when you sent it to General Babcock with a view to ascertaining its accuracy ? — A. It' this is the table, 1 certainly did, with the excei)tion of this old work done by the corporation which was compiled from old \ouchers: that 1 did not ex- amine or pay any attention to. I took that statement Just as it was made out and given. Q. IS'ow take the Governor's Answer and look at page 411 ; did ^oa make the measurement on which that voucher is predicated ; that is the voucher drawing $1,0U0,()U0 api)ropriation ? — A. Y'es, sir. Q. Y'ou made those measurements. Now do you remember whether in making those measurements yon embraced in them the work that had been done by the old cori)oration, or whether you simply embraced the work done by the board of jtublic works '. — A. Intentionally I have- never embraced any work dcuie by the old corporation. (}. AVho was with you at the time you made that measurement '. — A. Mr. Forsyth and Mr. Oertly, J beli«'ve. Q. In what way did you make that measurcMuent .' — A. By going into the street. (^. ^Yhat kind of data had you with which to make it ? Did you ha\e any cross-sections ! — A. No, sir; I have ne\er had any cross sections of any street. Q. How were you enalded, then, to get at the (juanlity ' Foi' instance, you will tind 0,'J3S cubic yards of grading. J low weie you enabled to get at the (juantity on Louisiaini avenue, tor example f 1 oidy give you that as a specimen. Also, 0,238 cubic yards of liaul antini;' that it wascoi)ied from their records ? — A. a!^othins,' whatever. Q. Did yon see them copy it from the records, or did you simiily have their statement to that effect ? — A. I did not see them copy it. Q. You relied upon thein, and took it for granted that you could rely upon them, and acted accordingly? — A. Yes, sir. Q. You say in this letter, "The estimates made under your direction during the past year amount to over three and three-quarter millions of dollars, and Imve been made generally while the works Avere in progress and unfinished.*' What estimates are those which you refer to asmadeduring the i)ast year? Do you mean the 81,240,000, the 8013,000, ami the 81,000,000 ! — A. Ves; and one or two smaller ones — all 1 nnide. Q. Now you say the resiUt of the ])resent estimates shows that the previous estimates are largely umU'r the a<;tnal amount done ! — A. Yes, sir. Q. 1 suppose you mean by that, it shows that, according to the state- ments made by Forsyth and Oertly to you, and not from any knowledge that you had? — A. i!so, sir. Q. You do not pretend to have any knowledge from any actual work that you have done or insi)ection that you have made that that is cor- rect : but you make that statement upon the faith of the statements of Messrs. Oertly and Forsytii, made to you ? — A. Exactly. Q. You do not know the actual amount that had be(Mi done excejit as they informed you ? — A. I could not know that positively witliout re- measurement. By the Chair ]VIAN : Q. You say that you went with Mr. Blickens.lerfer over Xew Ilamp- shire avenue ? — A. Over a part of it. 0- Did you have with you at that time the residts of Mr. Blickeus- derfeFs measurement or computations I — A. I did not. Q. Had he '. — A. 1 believe .Air. Ijlickeusderfer had; 1 will not be i)Os- itive. Q. There were discrepancies between your measurements and his, were there not ? — A. Yes, sir. (}. Did he ask you to make exjjlanation with a view to reconciling your measurement and his? — A. At one i)oint between I'-street circle and the Boundaiy I had made a mistake in putting down the names of two streets. 1 i)ut it down K and S, when it should have been Q and li, I believe, and had a mistake theie. Q. State all the exi»Iaiiations you made to Mr. Ulickensderfer at that time in relation to New JIampshire avenue, as you renu*mber them. — A. J told Mr. lilickensderfer generally how 1 have arrived at the results, and it was at Mr. JJIickensderfer's room at the ]"]l)bitt House when he told me that he (;onld not make this amount of grading between 1'- street circle and the IJonndary. He showed me his detailed statement of that ]>art of New Hampshire axcnuc; and between these two streets he said he could wot tind that cxcaN ation. I told him ! was ])ositive it 2304 AFFAIRS IN THE DISTRICT OF COLUMBIA. was there. I asked biiu to go out with me there. He went out, and I found that I was wrong, and he was right at that point — that I had put down the names of the streets wrong. Q. You asked him to accompany you to New Hampshire avenue ? — A. I did, and he went. Q. At Mr. Blickensderfer's room at the Ebbitt House, did you not go over all the measurements made by him? — A. All what ? Q. All the different computations in relation to Government work ! — A. 1 went over no measurements w ith Mr. Blickensderfer whatever, ex- cept Virginia avenue and New Hampshire avenue and G street. Q. Did he not show you all the work that he had done ! — A. No, sir. Q. He did not show you Maryland avenue ? — A. No, sir; he told me how he had arrived at the results on Maryland avenue. Q. What did you sny to that ? — A. I do not remember. I think I told him how 1 had measured ; that I took the street as I found it, and that my measurements would include all work that had ever been done on that avenue. Q. Old and new ? — A. Old and new. Q. Then he told you about JMaryland avenue as well as the other avenues ? — A. Yes, sir ; he told me that there was a difference there between him and me. Q. And you told him that you had included old as well as new work ? — A. Yes, sir. Q. You see the point that I desire to get at by this question ; it is simply this : Did Mr. Blickensderfer in any manner seek to withhold from you the result's of his operations here ? — A. He did not. Q. Did not he evince a disposition to give to you, fully and thoroughly, the results of all his measurements ? — A. Only on those avenues that 1 have mentioned. Q. Did he make any measurements around Government reservations, or on avenues, about which he did not communicate with you at allf — A. I did not see Mr. Blickensderfer make any measurements. Q. I understand that ; but, after he had made these measurements, and you called upon him or he upon you, did he not talk over generally with you all the measurements that he had made? If he did not, what were omitted f — A. Mr. Blickensderfer told me that he was going to make a tabular statement, (this was previous to my last interview with him,) saying how he was going to put it down. In one column he would put my measurements, and iu another column his measurements ; but I have never seen these tabular statements, until I saw them iu print ; neither have I seen any of his calculations in regard to any work whatever ex- €ept those avenues. Q. Including Maryland avenue ? — A. I do not think I saw the calcula- tion for Maryland avenue. Q. Well, he told you generally that he differed with you, and he stated the amount of the difference ? — A. Yes, sir ; it was not probably necessary for me to see that. Q. Your explanation was that he had included work which you did not include, was it not "i — A. No ; my ex[)lanation was that I had in- cluded all the old work, and he told me that his cross-sections would not include old work, but that the cross-sections indicated that there had been old work done in the avenues ; and I think he said if that was included it would probably come somewhere in the neighborhood of the quantity I made. Q. In other words, your mutual explanations were such as in your TESTIMONY OF THEODORE B. SAMO. 2305 judgment made it nnuecessary for you and be together to go over Mary- land avenue f — A. Yes, sir. Q. lie evinced a tlesire to furnish you fully all the information he had, did he not ? — A. On those avenues i Q. With reference to the Government work generally, with reference to the work which yon yourself had measured ? — A. Xo, sir. Q. AVhat omission did he make? — A. I certainly expected, when I made my tinal call on ]\ir. lilickensderfer, which was at General Babcock's request, that he would invite me to see the results and calculations on those reservations — P-street circle, Hcott Square, and llawlins Square. Q. Which he did not show yon t — A. lie did not offer to show me. Q. Did you ask hiui for them ? — A. I did not. Q. Then you did not call for them I — A. No, sir. Q. Did you not call on ]Mr. lilickensderfer at (General Babcock's re- quest i? — A. I did. Q. He having previously communicated with General Babcock? — A. Yes, sir. Q. I nnderstood you to say awhile ago that you desired to make final measurements of all this work except iiawlius S(]uare? — A. 1 certainly did. Q. Do you mean byjliat to say that all these other measurements were partial measurements only ? — A. A greater part of the measure- ments that I have made in the last two years have been made while the work was in })rogress. Q. Upon which these vouchers were based ? — .V. Yes, sir. Q. Then those measurements of yonrs, or estimates, were upon un- completed work ; do you mean to say that ? — A. In many instances. Q. In every instance except Kawlins Square ? — A. No, sir ; O, no. Q. Then, where you had made final measurements would it be neces- sary to make further final measurements, did you thiidi ? — A. I have not made final measurements. For illustration, take one street, B street. I would measure the pavement at one time, as far as it was done ; then I would go at the next measurement and measure what was done afterward, and so on, as long as there was any work there. Q. But is it or was it your purpose to go over work that you had pre- viously measured .' — A. Every bit of it. By Mr. Mattingly : Q. State whether you have made a written recommendation to that effect. — A. I have. Q. It is in the report of 1873, is it not ? — A. Yes, sir. Mr. Wilson. I have put that already into the record. The Chairman. That is what 1 am asking about now. Mr. Mattingly. Yes. The Chairman. That must have been done while I was out. Mr. Mattingly, (to the witness.) Show it to I\Ir. Allison. Q. I understand, of course, that the work that has not yet been paid for you were to make measurement of; but there have been payments made from year to year. Now I understood you awhile ago to say that it was your intention to go over that entire work, except Ilawlins Square,'and remeasure it '? — A. Tluit is my intention and wish, if I ever have an opportunity. Q. You say you want to make those measurements, ^^'lly ? — A. Be- cause I know some errors have occurred, ami I knew that before this investigation commenced. I wanted an op[)ortunity to remeasure all the work and correct any errors tliat had been made. xVny engineer would 145 D c T 2306 AFFAIRS IN THE DISTRICT OF COLUMBIA. want opportunity to do that after measuring over three million dollars of work without makiug final measurements. Q. Then you mean us to understand that you had made no final meas- urements as yet of any work except at Eawlins Square ' — A. Yes, sir. By Mr. Mattingly : Q. I would like to ask you one question in this conn ection. You state here in the report of 1873, at page 10 — Office of Washington Aqueduct, Wasliivgton, D. C, A'oveinber 28, 1873. * » # # # # « The estimates of work done by the board of public works are based partly on actual measurements, and partly on estimates rn^ade by the enfrineers of the board. Copies of the latter, showing the various items of the works in detail, certified to by the chief en- gineer of the board, with the amounts heretofore appropriated by Congress deducted, are herewith submitted. The estimate of the amount of work done by the corporation of "Washington for the improvement of avenues is copied entirely from the records of the board. The estimates made under your direction during the past year amount to over three and three-quarter millions of dollars, and they have been made generally while the several works were in progress and unfinished. The result of the present estimate shows that the previous estimates are largely under the actual amount done; and as many of the improvements are now either fin- ished or gradually approaching completion, I respectfully recommend, in the event of Congress makiug additional appropriations for the board, that the entire work be re- ineasured after such appropriations are made, and before a final settlement. Very respectfully, your obedient servant, THEODORE B. SAMO, Assistant E)igineer, Washin(jton Aqi(educt. General 0. E. Babcock, Colonel of Eiighicers, U. S. J., Chief Engineer of the Washington Aqueduct. Did you have reference there by "entire work" to mean that which you had already previously measured ? — A. I did, sir ; and mean what- ever entire means in the whole acceptation of the term. By Mr. Wilson : Q. You were aware, were you, that the board was seeking to get appropriations from the present Congress for work that they had been doing since you made your last measurements? — A. Yes, sir. Q. You were aware of that. — A. I was. Q. Why did you not proceed to make accurate measurements of the work that they bad done, to the end that Congress might know what it would be proper to appropriate '? — A. I think 1 answered that question, Mr. Wilson, but I will state it again. It was in November when Gover- nor Shepherd requested General Babcock to detail his assistant engi- neer to measure up the work that had been done, and I commenced to do that with the intention of remeasuring all of the work. I found that there was not going to be time by several months. I told General Bab- cock it would be impossible for me to do it, and advised him to let me get a copy of the work that had been done by tbe board since the final mea.surement, and put it into these estimates. lie said, " I will do so with the understanding that, in the event of Congress making another appropriation, I shall have the right to remeasure the entire work." That is as near as I can remember the conversation. Q. But how was Congress to make an appropriation of this money to pay for this work, without knowing what the work would cost ? — A. They had A^ouchers of the board. Q. Exactly, but were you, as a Government officer, willing to have Congress make appropriations to pay for this work upon mere state- TESTIMONY OF THEODORE B. SAMO. 2307 inents of the engineer ot the board as to wbat it would cost .' — A. Cer- tainly. Q. And take their statement as to the amonnt ot" work and the cost of the work ! — A. Certainly, with this proviso, that we should have the privileire of nieasurin,i»- it. Q. Do you know of any authority anywhere for General Babcock or yourself to make a measurement for the board of public works, with the view of procuring from Congress an appropriation ? — A. I do not know of any authority. Q. Do you know of any authority that you had to make any meas- urement of this wcrk, which was measured last summer, or to take any action whatever with reference to it? If there is any anywhere, I would like to know where it is. — A. My authority was General Babcock. Q. Do you know whether he had any or not ? — A. I do not. By Mr. Stanton : Q. Do you know of any law that it would violate ? — A. I do not. Mr. Wilson. I am not talking about laws that it would violate. Mr. Stanton. I asked the question, sir. By Mr. Christy : Q. You said in your testimony as follows, page 2292 : Mr. Blickensderfer told me tliat he would, before submitting the results of his meas- urenieuts and calculations to the coniinittee, let nio see them. I called upon him a number of times ; the last time I told him I had called at the request of General Bab- cock ; it was the same day that the general called. Q. Are we to understand you as intimatingor suggesting, by your testi- mony, that 1 have read, that ]\Ir. Blickensderfer did withhold information from you that you asked specifically or generally for? — A. 2sot exactly that. I had called a number of times on Mr. Blickensderfer, and had not seen the results that he had arrived at, or his calculations, and theu I called the last time at G(Mieral Babcock's request, and I think immedi- ately after — certainly within a very few days — his testimony was in l)rint. Q. The question that I intend to ask is this : Whether you requested of Mr. Blickensderfer to submit any matter of calculation to you which he declined to submit! — A. iso, 1 certainly should not make "such a re- quest of ]\Ir. Blickensderfer. Q. You therefore made no request which was denied by ^fr. Blickens- derfer ? — A. Not in regard to your partif'ular (piestion. I did not. (^. Did you, in regard to any other mattei', make a request that he de- clined to grant ' — A. I asked ^Ir. Blickensderfer, at the beginning of this measurement, that before submitting his results, if he would show them to irie, and he tiien told me that he would. Q. That is in another jtart of your testimony ; but after that time you made no re(pu\st of ^Ir. Blickensderfer in any of these calls that you made upon him, that he refu.sed to grant ? — A. No, sir ; I did not. Q. Ilow often have you stated the answer that yon have Just given to me or to the committee, that Mr. Blickensderfer did not comply with your request ' Have you been asked that question a half a dozen times, colonel ? — A. I do not think I have. Q. You say, also, to-day, in your testimony, that the reason why j-ou desired to make remeasurements was, that certain mistakes came to your knowledge. Would you be kind enough to indicate to us the mistakes to whicli you refer, the mistakes which came to your kiu)wledge before the beginning of the investigation? — A. There was but (Uie — that was llawlins S(iuare, which I fortunately had the pleasure of correcting. 2308 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. And that is the reason why you desired to take those precautious that you have indicated ? — A. 1 did. I supposed this : that if I had made a mistake in one piece, I might possibly have made some others. By Mr. Stanton : Q. How long before the examination of Mr. Blickensderfer did this interview occur at the Ebbitt House, when you called upon him at the instance of General Babcock ! — A. I could not fix the date except by the fact that it was the same day that General Babcock called — within the same hour, I think. Q. It was within a day or two, was it not, of his first examination be- fore the committee? — A. A very short time after I saw the whole thing in print ; and I certainly thought that 1 should have seen the calcula- tions and results generally before they were given to the committee. Q. No^^, if these measurements, concerning which you took the esti- mates of the engiueer-offlcers of the board, had related to the actual disbursement of money, would you have remeasured the work your- self! The AViTNESS. Which remeasurements do you mean ? Mr. Stanton. The measurements which were made as the basis of the application to Congress for an ai^propriation at this session f — A. Most undoubtedly. Q. As they did not concern the disbursement of money, and as too short a time intervened, you were compelled to defer the making of re- measurements ? — A. 1 considered them sufhciently near for jnactical l)urposes to base an appropriation on. Q. But you would have made a more careful remeasurement if it had covered the actual disbursement of money? — A. I would have remeas- ured everything I was asking an appropriation for, if 1 had to disburse it. Q. There seems to be some difference in the extent of the territory measured by yourself and Mr. Blickensderfer in relation to the inter- section of streets. Will you please explain fully what that is ? — A. I measured c'^ei.ything within the building-lines, and so stated to Mr. Blickensderfer, when his assistant commenced making the measurement at the P-street circle. I understood from Mr. Blickensderfer's testi- mony that he Q. And at intersections the building-line is extended? — A. Yes, sir. Q. And not the curb-line ? — A. The building-line. Q. That is extended ? — A. Yes, sir. Q. If one-half of that intersection is made the basis of a charge against the Government is there any reason why the other half should not be ? — A. Not that 1 know of; it certainly would not cover the ground that I measured. Q. You considered that when you were including that tract between the building-lines you were making the proper measurement ? — A. Cer- tainly. By My. Wilson : Q. Mr. Blickensderfer measured it both ways, I believe — the same way you did, and then his way ? — A. He does not include, in all cases, the work that I measured; one item, at Kawlius Square, at the inter- section of Eighteenth, E, and New York avenue, 97 yards of wood pave- ment, does not appear in his measurements. Q. But I am speaking about this mode of measuring intersections. He has measured it both ways ; first your way and then his way ? — A. I do not know Avhether he has measured both ways. If he measured TESTIMONY OF J. BLICKEXSDERFER, JR. 2309 my way he would iuclude, of course, the other way, and it woukl be then simply a matter of deduction. Q. Exactly. Has not he dotie that in every ca.se, so as to present both his and your mode '? — A. llis assistant, Mr. Elmore, included this wood pavement at Kawlins Square. Q. I am not talking about that; 1 am talking about intersections. — A. This is an intersection. Mr. Mattingly. Just explain it. .Mr. Blickensderfer omitted any wood pavement. The Witness. It is witliin tlie lines of Rawlins Square. By Mr. ^VILSON : Q. I think his statement explains itself in regard to that. We will go away from that now to some other intersection. Is it not the fact that he has measured both your way and covering the same territory that you covered, and tlien measured it in addition to that in the manner in which he thinks it ought to be measured ? — A. With the single excep- tion of P- street circle and that I mentioned at Rawlins Square, I think he went over the same ground. On P-street circle the map that he had did not show the building-lines as I had measured it on the ground. On the contrary, the building-line of P-street circle, in some instances, ran outside of the curb line into the street; but I do not know but what 3Ir. BHckensderfer corrected that himself on the ground. I think he did, to a certain extent. I think he stated, however, that he did not measure the entire curb-line to where I had measured it. By Mr. Stanton : Q. On the last table T think that Mr. BHckensderfer does not make that deduction. The corrected tables submitted by him on pages 2000 and 2001, it seems to me he did not. When he tirst testitied he certainly did make that allowance and exi)lained it, but I think afterward, in the revised result submitted at his secoiul examination, it was not given. I may be mistaken, but I think not. Mr. Blickknsuerfek. There are no revised results witli the single exception of Kawlins Square. ]Mr. Stanton, (to 'Sh\ Samo :) Q. At Rawlins Square I find you have measured for 97 yards wood pavement, and that Blickensderfer has measured for none. Is tliat wood pavement tliere ? — A. Yes, sir. Q. Within the building-line ' — A. Yes, sir. By Mr. Stewart: (}. On what point were you invited by .^Ir. Blickensderfer to go with him ': W'liere did you go with him, and where did you not ? — A. I went with Mr. Blickensderfer to P-street circle and Scott Square; reservation at New Ilamjjshire avenue and O street ; at Rawlins Square, and to no other work. (}. J)id you go witli him to those places on his invitation ? — A. Yes, sir. (^>. Did you laiow when he madf the other surveys ? — A. I did not. J. Blickensderfer, Jr., recalled. By Mr. Wilson : (Question. You heard the statement made by Colonel Samo in regard to the manner in wliich you measured P-stniet circle. State whether or not you did make tlie allowanees to wlii(;h he has refeired, — Answer. I heartl the statement of Colonel Samo; 1 am not quite certain that 1 under- 2310 AFFAIRS IN THE DISTRICT OF COLUMBIA. stood him ; but the fact in regard to P-street circle is this : that on the adjoining property the building-lines of a portion of it occupy one position ; but at certain other portions, between other streets, they oc- cupy another position more remote from the circle ; and if Colonel Samo meant that I probably only measured to the nearest building-line, whereas he went to where the building-line actually was in all cases, lie is mistaken, for I did the same thing. I moved back when the building-line moved back. My measurements moved along with it and included the whole of it, and the difference which it will be remem- bered I stated in my examination in the first instance — the only differ- ence that I recollect of that I made with Colonel Samo in that resi)ect — was this, that in measuring the curbing I only measured to tiie building- line in each case, wherever it was, whereas he, as I understood him to say, had measured back to the end of a certain granite curb that was laid, which, in some cases, went be^^oud the building line. Q. "When you testified in regard to P-street circle you stated, I believe, that you found more sewer there than had been measured by Colonel Samo. Am I correct about the place ? — A. 1 do not i ecollect what I stated on the subject, but I think my tabular statement shows more sewer there than he did, if I recollect aright. Q. Did you measure all the sewer that was there at the time you made the measurement ? — A. All that I could find. Q. Have you made any investigation since that time for the purpose of knowing- whether any j)ortion of that sewer had been put down since Colonel Samo made his measurement I — A. I have made no additional investigation upon the subject. I stated in my examination at that time that my recollection or impression was that I had asked the engi- neers in reference to that matter, and that they had stated to me that there had been additional sewerage laid. Mr. Mattingly thought that I was mistaken upon that subject. I stated that I was not sure in re- gard to it, for it was only an impression. I think I have heard that repeated since, but I cannot tell by whom — that there had been addi- tional sewer made or put down since. Q. I have seen it stated in the testimony here, and you probably got it from that; but you measured all the sewer that was there at the time you measured f — A. All that 1 could find. Q. So that if there was additional sewer put down since he made his measurement, that would account for the excess of yours over his'? — A. I suppose so. I Avill state further that I had as a guide to my measure- ments a map which was furnished to me by the engineers of the board of public works, which I had requested that they should furnish, show- ing the position of the sewers in that vicinity. Q. One further question. What steps did you take for the purpose of reconciling your statements or your measurements with Colonel Samo's; what did you do; with whom did you confer? — A. I conferred first with Colonel Samo. I may say this, that during the progress of making my measurements, and up to the time or the day on which I saw General Babcock, Colonel Samo and I were in the habit of con- stantly or frequently communicating with each other. He frequently called upon me at the hotel, and I once went over to his office. 1 did not find him there, but left a note, and he came promptly to see me, and in the course of this interview — I am not able to say positively all that passed, but my distinct recollection is that when I arrived at re- sults, I requested him to give me his method of getting at these same results for the purpose of comparison, stating that my results were not as his were, and my impression is that before I communicated with TESTIMONY OF J. BLICKENSDERFER, JR. 2311 Genoral Babcock, alt'limigli I cannot say wlien, that I liad communi- cated to liim every result that 1 had arrived at, or certainly every one that he asked for. Then after I had made u}) my conclusions in regard to the first examination I sought an interview with General Babcock. I wrote him a note tirst, requesting an interview. He being out of the city, did not receive that note, but as I heard nothing from him I called upon him on I\Ionday morning the 10th of ^lay. lie said that he had just returned to the city, and liad opened my note not tive minutes be- fore I called ui)on him, and granted an interview at once. lie stated that he Mould call at my room, and did so. Then the interview took place that 1 described in my previous testimony. I gave him all the results, every information that he asked for, and stated that he was probably in possession of some information that might reconcile these things, or explain them, that I had not, and had no means of getting; and, if so, 1 would be glad if he would furnish them, as I did not want to make a statement until I gave him that opportu- nity ; and then he took his notes, as I stated before, and, I presume, notes of everything. Not long after he left me Colonel Samo called upon me, as he states, at the request of General Babcock. I understood him to say that he had seen General Babcock. I did not understand him to say that he had called at his request, but that he had seen Gen- eral Babcock since he had seen me, and then s])oke of these discrepan- cies, and we referred to a pai)er that he had furnished me previously, showing his (quantities on different parts of i^ew Hampshire avenue. He said that certainly those quantities were there ; that I was mis- taken about that. I said, " Ko, I think not." I said, '' I have been there." "Well," said he, "will you walk with me up to the avenue and see?" Says I, "Certainly, by all means." We went up, and walked over the avenue back and forth from P-street circle a part of the way down, and my recollection is that on the way down from P-street circle to Pennsylvania avenue I made the request. Said I, "Do you want to go over the whole avenue, or will you go back to my room '?" I made that inquiry. Said he, " I do m)t care about going over the whole of it." " Well," said I, "if you do not, I will take a car and go to my room," because I was a little lame. I had been sulfering from rheumatism, and could not walk as well then as I can now. Said I, " Will you go along f " No," he says, " I think I will go to my oflice," and thereupon we separated. Prom that day to this, 1 think, Colonel Samo never called upon me again. Q. Did you have tlie papers in your hand when you walked over that avenue '? — A. I cannot say what pai)ers I had further than this, that I had his papers — the paper which he had furnished me showing the quantities at the dilferejit points, as he had made them, which I had said that I could not hnd at those points. Q. Did you or not ask him to find those ((uantities for you.' — A. Cer- tainly; we walked over the ground together. Q. Was he able to do it ? — A. I exi)lained that, I think, pretty fully in my previous testimony. In ecrtain i)laces he saiayment on Twelfth street ? — A. 1 think 2314 AFFAIRS IN THE DISTRICT OF COLUMBIA. it was Mr. Forsyth ; that is my recoUectiou ; I have a copy of the voucher in my room ; I haven't it here. Q. I would like to see that voucher ? — A. I received that copy on ap- plication to Mr. Johnson ; that was from F to P, on Twelfth street. Mr. Barney has placed in my hand notes of Twelfth street ; I do not know that they are of any consequence particularly. Q. If Mr. Barney made the survey Mr. Forsyth certified to it, and final vouchers were certified to by Mr. Forsyth ; I want to know if that is the fact ! — A. That is my recollection, but I would rather refer to the l^aper. Mr. Stewart. I will wait for that paper. By the Chairman : Q. If I remember rightly, I think Mr. Samo said yesterday that you only measured the sewer around three streets on Scott Square, while he measured around the entire square; that he measured also a sewer on the west side. Do you remember whether you measured the sewer on the west side ? — A. I cannot state that without referring to my detailed papers. By Mr. Stewart : Q. I think he explained it before, that the sewer on the west side was an old sewer, and you did not mention that for that reason. — A. That is my recollection. I do not remember — maybe I did. Mr. Stewart. That is my recollection of your testimony. The Witness. I will just say this : that I have my measurements in detail, in the most minute manner from top to bottom, and they are open to anybody who wants to look at them, I do not care who. I can- not answer that question at the present moment. By Mr. Mattingly : Q. You reported a large discrepancy on Second street in the grading. Was any member of the engineer corps or the board of public works with you when you measured that street ! — A. ]S"o, sir. Q. I understood you to say, the other day, that Mr. Henry S. Davis was with 3'ou ? — A. He was. Q. The voucher you remember, I suppose, in that case called for Second street, from Pennsylvania avenue to H ! — A. I believe it did. Q. You only measured, I understood you to say, from Indiana avenue to H ? — A. I went over the whole street, and finding there was no ex- cavation below Indiana avenue, of course I had nothing to measure there ; I measured only where there was excavation. Q. Did Mr. Henry S. Davis at that time tell you that Second street, from Indiana avenue to Pennsylvania avenue, had been an open abyss some 50 or GO feet wide and 10 or 15 feet deep '? — A. I have heard that, but I cannot say whether it was Mr. Davis who told me at that time or not. Q. In your estimate, then, for grading on Second street, you allowed nothing for filling or embankment, as you call it ? — A. Xo, sir. Q. But merely for excavation ? — A. Yes, sir. Q. Did you not know that the embankment there largelj' exceeded the amount of excavation ? — A. I did not know ; I might have found it out if I examined it, probably ; but I will tell 3'ou why I did not meas- ure any embankment ; it was this Q. You have said that already. — A. 'So, I do not think I have. The reason I did not measure anything except the excavation there was, the contract specified that the work should be measured in exca- TESTIMONY OF J. BLICKEXSDEKFER, JR. 2315 vatioii only; and I found that in the voucher he was allowed for exca- vation and for hauliuij-, and so 1 did not i>ay any attention to the embankment except to walk over it and satisfy myself that there was 110 excavation there. Q. Did you make any iiKjuiry before you ])ut your statement as to Second street into evidence as to the cause of tluit apparent discrep- ancy? — A. I do not remember what particular incpiir}' I may have made ; but I know this, that 1 was in communication with the engin- eers — the engineer department — in regard to Second street. Just as well as in regard to others, and asked whether thej^ had notes on it, and stated that I could not make the amount correct ; that I could not make it so much by a great deal as was in their vouchers, and I wanted to know what information they had that they could give meou the subject, and they said they had not any. Q. Can you state to whom you applied relative to Second street — to whom you si)oke in connection with it'' — xV. I am not sure that I can state it positively, l)ut my impression is that I spoke to both Mr. liaruey and ]Mr. Cluss. I will say generally, as I have said before, that my formal ai)pli('ations were always made to what I considered the head of the establishment, ^Ir. Cluss, and he referred me to ])ersons, sometimes to one and sometimes to another — generally to Mr. Barney. Q. Understanointe(l it out to me. Jiut, with all due delV'rence to ]\Ir. Davis, I found that I had to rely upon my own Judgment much more than 1 could rely upon'his. or anybody else in regard to the (luantities. 2316 AFFAIRS IN THE DISTRICT OF COLUMBIA. Mr. Mattingly. We do not doubt that, sir. Mr. Christy. Mr. Chairmau, you will find in the charges that we made that we have indicated to the committee several of the matters that we wish to inquire into. For instance P-street circle, Scott Square, Eawlins Square, and East Capitol street, for which measurements have been made and estimates made by Mr. Blickensderfer. The inquiry was suggested why he had made certain measurements. I am only ex- plaining the fact that attention was early called to our desire to have these measurements made. The Chairman. Perhaps I ought to say in the beginning that the committee instructed Mr, Blickeusderfer with reference to several of these streets, and, so far as I know, they were taken rather at random. In the charges there are, perhaps, twelve or more streets indicated. It was not thought worth while to measure all of them, as that would take too much time ; therefore we indicated several streets ; and afterward Mr. Blickeusderfer being here, I think the committee stated to him that he might take two or three other streets, and look them over, and select them for himself. By Mr. Stewart : Q. This voucher is signed by Mr. Forsyth as assistant engineer, and approved by Mr. Phillips, who was then"^ engineer-inchief. Now, you say, Mr. Barney made this survey ? — A. He furnished me the notes. I cannot say that he made the surVey. I have understood that either he or one of his assistants did. Q. He did not furnish you the notes of the survey, he merely furnished you the notes of the cross-sections ? — A. Both. Q. The notes of tbe cross-sections and the notes of the measurements of the work after it was done — I want to see how they did it ? — A. Per- mit me, then, to explain. They went over the ground with an instrument, took the levels at different portions for the purpose of being able to plot if you please, or for the purpose of ascertaining the actual elevation of the surface on different parts of the street all the way along. Then the measurement is sometimes made months before the calculation is made, because the measurement constitutes the taking of these notes and the reduction of them. The calculation may be made five years afterward, and it won't affect it any at all. Then these notes were in part plotted upon these cross-section papers and in part calculated. So far as they were here plotted and calculated, I took all the original notes on to the ground but these cross-sections, to save me the necessity of two comparisons, and I noted the heights as nearly as I could estimate to make up my mind as to their credibility and correctness. I made up my mind they were right. Then I went to work to examine his calculations to see whether he had re- duced them right, and I made the amount the same thing with trilling exceptions. I noted one or two slight errors. Then for a portion of the street that he did not have plotted on these cross-section papers, he furnished me here a copy of the notes, although I had the original notes, but I did not compare the original notes with this. I took this, however, upon the ground, and compared this with the ground, and made up my mind it was credible, and then I reduced these myself with- out plotting. Q. Then, in your measurement, if nothing was included in the work besides what was originally measured or plotted, you were absolutely correct ; but suppose, now, that there had been an intersection, or a piece of ground that had been included in the work, as you have found TESTIMONY OF LEWIS CLEPIIANE. 2317 iu siHoral instances, then that would change tlie result, would it not? — A. If there was soiiictliing that was outside of tliose notes it would. Q. AVell, you ])ave found several instances where there was something outside of the notes, or where that was the explanation ; for in- stance 1 — A. 1 do not remember such a case. Q. On Yirj^inia avenue? — A. Yes, sir; so far as the claims against the Government were concerned, but not with reference to the con- tractors. I do not remember any case of that kind with reference to the contractors ; but 1 will Just say that in this quantity there is in- cluded here a small amount, 744 yards, if I recollect aright, that is not included in these notes for work at the intersection of Massachusetts avenue, that this uuin did outside of the notes as was explained to ine; that is, that statement was stated to jue. 1 did not go to have them show me where these 7-t4 yards were, how they were made up, or anything about it. The amount being so small, I received their statement and l^ut that iu. Q. Then you put something in besides what was in this original meas- urement. — A. I did. Q. Do you not thiidc that the quickest way would have been to have had Forsyth there to close the whole case and make it absolute, and ascertain if there was anything else outside, and then we would have had everything without calling witnesses to have a further examination ? There is uo doubt about your calculation determining with certaintj' so far as you went, and probably it is accurate throughout ; but then, if you had called on Mr. Forsyth, you would have known whether he had any further explanation — whether he had put anything else iu besides that 700 yards. — A. I suppose if 1 had called on Mr. Forsyth, and he had made an explanation of that kind, it would have made it unnecessary to examine n)e. rerha[)S it would, and perhaps not ; I do not know about tliat. Q. You cannot say ? — A. I cannot say about that ; but I certainly thought when 1 had communicated with the engineers of the board, without knowing that ^Ir. Forsyth was concerned in that matter until after I was done, that they would send to me the man wlio was in- terested in the subject. 1 will Just say one thing further, so far as I am concerned, individually, Mithout retlecting, with all due deference to the committee and everybody else : that if 1 were expected, when called upon to make examinations of this kind, to hunt ui) every subordinate engineer that was interested in the matter, I should beg leave to be ex cused. Mr. Mattingly. !\[r. Clephaue, who was a contractor on Twelfth street, desires to make an exjjlanation of that, to show that he did not profit by the mistake. Lewis Clepuane recalled. I simply desire to state, as a matter of fact, I do not know whether there is any error or not in that measurement. I wish simply to state that I gave that work out to Mr. Gk'ason to do, and paid him precisely what was paid me by the board. I made nothing in it whatever, in any way, shape, or form. If there is any err h-, 1 do not know anything about it. That was ^Ir. Albert Gleason. Uy :Mr. Wilson : Q. Did you do the paving ? — A. Yes, sii. Q. You got the contract for the grading and [laving, and h't out the 2318 AFFAIRS IN THE DISTEICT OF COLUMBIA. grading to Mr. Gleason ? — A. Yes, sir. The grading was given pre- viously. By Mr. Christy : Q. Do you know who composed the finance committee of the Freed- man's Bank in the fall of 1871 ? — A. I was one of them. Q. Was not Henry D. Cooke another ? — A. Yes, sir. Q. And William S. Huutington ? — A. Yes, sir. The committee here adjourned to 2 p. m., and, upon re-assembling, adjourned, without taking any additional testimony, until to-morrow morning. May 20, 1871. Tuesday, May 20, 1874. The committee met pursuant to adjournment. Moses Kelly recalled. By Mr. Wilson : Question. Have you made out a report in accordance with the subpoena that was submitted to you! — Answer. I have, sir. The following is the report: Statement of suins lorrowed by the commissioners of the sinJcingfund. 1873. July 2G. Loan for 60 clays, at 7 per cent, interest, from German-Ameri- can Bank, New York City, upon 30-year funding-bonds as security $100,000 Of which $10,000 was paid at matiirity, and new notes given for the remainder, as follows : October 14. One payable October 31, 1873, for 20, 000 One payable November 15, 1873, for 5, 000 One payable December 1, 1873, for 5, 000 One payable December 15, 1873, for 10, 000 One payable January 1, 1874, for 50, 000 All of which has been paid. All these notes bore interest at the rate of 7 per cent, per annum. July 30. Loan for 60 days, at 8 per cent., from Jay Cooke & Co., upon 30-year funding-bonds as collateral, for 40, OOO Of this amouut we have paid $1,000. July 30. Loan for 45 days, at 8 per cent, interest, from J. C. Willard, upon 30-year funding-bonds as collateral 24, 000 Which w as paid at maturity. August 1. Loan for 60 days, from National Metropolitan Bank of Wash- ington City, at 8 per cent, interest, upon 30-year funding- bonds as security 50, 000 Of which one-half was paid at maturity. October 3. Loan for 60 days, at 8 per cent, interest, from the same bank, upon same security 25, 000 Which was paid at maturity. August 11. Loan for 60 day, sfrom Lewis Johnson & Co., at 8 per cent. interest, upon 30-year funding-bonds as security 25, 000 One-half of which was paid at maturity. October 10. Loan for 30 days, from same house, on same terms and secu- rity 12,500 Which was paid at maturity. August 11. Loan for 60 days, at 8 per cent, interest, from Washington City Savings Bank, upon 30-year funding-bonds as security 40,000 Of this we have paid $10,000. TESTIMONY OF CHAKLES S. JOHNSON. 2319 1873. August 10. Loan for GO days, from Bank of Washington, upon 30-year fun(linhin. Q. These entries, you say, were not made in these books by you ? — A. No, sir. Q. Where is the material out of which the man made the entries, or from Avhich the man made the entries; who did make them ? — A. As I say, in these matters of routine they were made up from the press letter- book of the office ; this, of course, contained everything. Q. All these matters where there is uo record of any person being present — were they made up in that way, in all of those cases ? — A. Xot all of them, sir. Q. Can you tell any one that was not? — A. I cannot recollect any now. Q. Were they generally so made uj) ? — A. Generally so ; yes, sir. Q. So that, as a general rule, the committee may take it as a fact that those entries where there is no si)e(titication as to who was present, they were made up from the letter-book and current papers of the office ? — A. Yes, sir ; some portions of them. Q. That is the way they were made up ? — A. Some portion of them. By Mr. Stewart : Q. You say that you were in the habit of meeting there — droppingjiuto the office ? — A. Yes, sir. Q. Now, how was that with regard to their getting together, when there was a regular meeting of the board 1 In the tirst place, where was the office kept where these regular meetings were held 1 — A. Fourth- and-a-half street. Q. Have they an office for the board there ? — A. Y'es, sir. Q. Who occupies that office when the board are not in ? — A. It is oc- cupied by the vice-president and Doctor Blake. Q. When none of the members of the board are there, who occupies the office ' — A. The room is in my charge, when there is no one present. Q. You are in the room ? — A. Yes, sir. Q. Then it is the office of the vice-president ? — A. It is the office of the board as well. Q. And the vice-president occupies it ? — A. He has a small room ad- joining the main office. Q. W^hat cai)acity does the vice-president occupy in regard to the business? — A. It is his duty as executive officer to transact all the busi- ness of the board, in the absence of the board. Q. Was there any authority of the board to him for that purpose ? — A. Yes, sir. Q. Can you turn to that authority ? — A. It is dated October 9, 1871, page 150, I think, of the record. Q. State who was i)resent at that meeting. — A. ^Ir. E, L. Stanton, at that time the acting governor, and ^lessrs. Shepherd, Mullett, Brown, and Magruder. The order is as follows : Board or I'riii.ic Wokks, Distkict of Columiua, U'anliiiiytoii, 1), C, October l>. IH71. Tlieboanl met at tin; usual hour. I'reseut : — Edwin L. Stanton, (actinj^ jjovernor,) and Messrs. .SlHi>luid, Mnllott, Blown, and Magruder. # » ' )t • » » • The followinjj order, ref<'rring to tin? or;:;anizati()n of the board, was adopted : Ordrnd, That the vicc-prcsith-nt of tliis hoard sliall hi- tlie executive! olhecr thereof; he shall be iu attendance at theollice of the board daily, .between 1 o'clock j). m. and 2324 AFFAIRS IN THE DISTRICT OF COLUMBIA. 4 o'clock p. ui., to receive all persons having business with the board, and to dispose of such applications as may need immediate attention ; he shall sign all orders of the board, and submit at each session thereof an abstract of all business transacted by him since the preceding meeting. It shall also be his duty to have all papers properly briefed and prepared for consideration by the board, and generally to arrange its busi- ness in jiroper shape for action ; he shall see that the reports of the different officers are promptly made, and orders to them shall be issued through him: he shall require that the A'arious officers properly perform their respective duties, and may dismiss anj- employe of the board, subject to its approval. All requisitions for work or material nuist be approved by him, said I'equisitions to specify the particular improvement for which it is needed, and the nature of the work for which it is to be used. He shall also perform such other duties as may from time to time be required of him by the board. # * ' * * * * # Q. Theu how was tbe business transacted ? I see by your journals that you have, between the meetings, where you have recorded who were present, entries, " Board met," and such and such things were done ; liow was that made u^) ? — A. Nearly every day there is a majority of the board present. The board does not always hold a formal meeting, but matters of consequence are talked over between them, and the result of that, as communicated to me through the vice-presideut, has been entered upon tlie journal. Q. Wheu you had your regular meetings, or, in other words, when there was a majority prei-ent, what was the habit in regard to what had been done previous to that time"? How did they manage to bring that before the board ? How was it brought before the board "? — A. It was uever formally brought before the board. The minutes of the preceding- meeting — it has never been the practice to read and approve them, as is the custom elsewhere. Q. Not the minutes of the preceding meeting, but the routine business that had been transacted since the former meeting ; how was that brought before the board f — A. Well, in a general conversation. Q. Was attention called to the business that had been transacted ? — A. So far as matters of any moment were concerned. Q. What do you mean by matters of any moment f — A. Well, of course there were a great many matters of mere routine ; as, for in- stance, the reference of papers, the approval of requisitions, and things of that kind ; ordering of repairs, defects in pavements, &c. Q. Those were matters of routine, but when you came to the letting of contracts, what was the habit in regard to that ? — A. So far as I know, the habit was to consult at least a majority of the board on those matters before entering upou the work. Q. You were present, then ; you know as a matter of fact whether that was done or not ? — A. Generally, sir. Q. Do you know of any exception in the letting of contracts ? — A. Yes, sir ; my knowledge does not extend beyond what actually came under my observation. Q. Do you know of any contract let where the matter was not let by the board ? — A. I cannot say that I do positively. Q. You say that almost daily a majority of the board would be pres- ent ? — A. Yes, sir. Q, Was Mr. Cluss in the habit of coming there ? — A, Not so frequently as the other members of the board. Mr. Cluss said the other day that he believed that he was present whenever he was notified ; that may be so, but, as I stated a while ago, it was not customary to notify members of the board to meet, excepting to consider special matters ; that has occurred very rarely since I have been connected with the board ; they generally met when they got together. TESTIMONY OF ( IIAKLES S. JOIINSOX. 2325 Q. Did Mr. Class ever come to the board to look over matters I — A ]S^ot to my knowledge. Q. Did be ever make any iu(|uiry of yon Avitli regard to any of the entries on the books '.—A. lie never asked to see any portion of the records, es])ecially the Journal. Q. And he never asked to see the Journal ? — A. Xever, in my life, that I can remember. The Journals, as well as all other records, were open, of course, to the inspection of every one that had authority to examine them. Q. Where were the Journals kept ' — A. They were kept in a room ad- Joining what was commonly known as the vice-president's oflice ; it is where the majority of the clerks are. Q. It was kept in that room ? — A. Yes, sir. We have four rooms in that immediate otllice — vault-room, No. 1(5, room Xo. 13, and room Xo. 9, uhich is occupied by the vice-president. Q. Were any other members of the board in the habit of examining therecord and taking" aninterestinthe business ? What members of the board did take most interest in the business ' — A. I have from time to time shown the Journal to different members of the board. (j). AVho was there most ! Who took the most interest, outside of the vice-president, whose duty it was to be there daily under that rule which you have read .' — A. Of course my memory serves me better re- cently than it would to go back any great distance. Dr. Blake, Colo- nel Magruder, and ^Ir. Willard have been in the office there together nearly every day. For some months past scarcely a day elapsed wheu they wiu-e not present. Q. Mr. Clussj^aid less attention, you say, than the balance of them ; ho was there less, I mean ■ — A. He was in the building in his own ottice. Q. Did he have an oflice in the building ? — A. Y'es. sir. Q. How about Dr. Jjlake .' — A. He makes it a point to be there nearly every day, i)retty much all day. Q. It was made the duty, under that resolntion, for the vice- ])resident to be there every day; how was it with Mr. Shei)herd ? — A. He was there as often as his outside duti3S would permit. IFe did not get there, perliaps, within the hours specified, but he was in and out nearly every day. Q. AVas he in tlie habit of attending there daily ? — A. Well, that was his intention ; he was not ahva^s there every day. We had an order issued to that effect, that the vice-president should be at hisollice daily, between certain hours, but peoi)le got in the habit of coming to his store, while he was there transacting liis i)rivate business, keeping him there so that he would not always reach the ollice between those hours. Q. How much of his time did he devote to this business.' — A. I think his whole time was devoted to it. (,>. His w hole time devoted to this business of the District ? — A. Yes, sir. Q. How has it been since Mr. Willard got in ; has he given his atten- tion to it' — A. Mr. Willard was there regularly every da\ ; he has scarcely missed a day since he has been connected with the board. Q. You say that Dr. BhUce, sinci^ he came in, has attended to it pretty well ? — A. Yes, sir. (}. How has it been with Mr. INIagruder '. — A. Mr. Magruder is there generally every day, some tinu' dui-ing the day. (},. Has there been free consultation there every day on anything of importance? — A. Yes, sir ; 1 thiidc there has. (i. Has there been any attempt on the part of the board — you would 2326 AFFAIRS IX THE DISTRICT OF COLUMBIA. know it, as you liave charg-e of the papers — to keep anytliiug from auy member of the board ? — A. Xever, sir. Q. Full coutideuee extended to all ? — A. Every one had opportunity of inspecting' the papers that were under my charge. By Mr. Wilson : Q. Did Mr. Shepherd transact business down at his private oflflce and then report it to you at your ofdce? — A. Yes, sir, sometimes. Q. Then it was entered upon the records ? — A. Yes, sir. Q. As though it had been done in board meetings * — A. Sometimes there were meetings there. Q. ^ow, let us know a little more about those meetings there. You say these parties dropped in there every day ; is that the fact '? — A. Do yon mean the members of the board ? (J. Yes. — A. Yes, sir. Q. And they had a sort of general talk about matters, and these things went upon the record as you have heretofore stated ? — A. Yes, sir. Q. That is what you have entered here as board meetings? — A. I have entered the results from these conversations, as I understand them. Q. Do you say that there were no entries made in those books except what was the results of these conversations aniong these members when they would drop in there? — A. I so understood, with the exception that I have stated — that the vice-president, in his capacity as executive officer, has directed certain things to be done, which are also entered upon this book. Q. So that this does not, then, represent formal meetings of the board, but informal meetings of the board ? — A. Xot altogether formal meet- ings. By the Chairman : Q. That book and that class of books purport to be the books of entry of the proceedings of the board ? — A. Yes, sir. Q. Is that book in your charge ? — A. Yes, sir. Q. And in your custody ? — A. Yes, sir. Q. 3Ir. Cluss's office was above yours ? — A. On the tloor above. Q. How often was he in the habit of being in that office of the board of public works proper ? — A. It would be i>retty difficult to answer that question. Q. Frequently or infrequently ? — Q. Well, frequently. i}. Was he ever sent for. that you know of? — A. Yes, sir. Q. For what purpose ? — A. As I said a moment ago, notices were sent to each member of the board when it was specially desired that there should be a full meeting, but generally that was not the case. Q. Did you ever send a messenger for Mr. CUiss at those informal meetings of which you speak : would you send for 3Ir. Cluss to be pres- ent ? — A. Yes. sir : there have been times Q. Was that often done ? — A. There have been times ; not often, sir. Q. When you had these formal meetings of the board — that is, upon notice — they were for a special purpose, were they ? — A. When it was generally desired to have a full attendance of the members. Q. Were they for a specitic purpose, indicated in the notice? — A. Xot indicated in the notice — not generally so : simply formal notice : " You are requested to be present at a meeting of the board at the office of the vice-president." at such a date and such an hour. Q. At those informal meetings did the members take their seats around TESTIMONY OF CHARLES S. .JOHNSOX. 2327 tbe table and look over papers, or what was done at those informal meet- ings! — A. The room is a large one, and we have but one desk in the room, which is an ordinary-sized desk ; it is generally occupied by the vice-president, or, wlien the governor M'as presiMit, by himself. Q. They were meetings, then, at which they sat around and jalked matters over? — A. Yes, sir. Q. Not around the table? — A. Xo, sir. Q. And did not examine papers? — A. O, yes; all our matters now, at present, of considerable consc. The record was generally made np from directions given to you, theu, from those ])ress copies ? — A. Yes, sir. (^), That is, when there was not a full meeting of the hoard? — A. Ordinarily. By Mr. Mattincsly : Q. As I understand it, those minutes, or an abstract of the current 2328 AFFAIRS IN THE DISTRICT OF COLUMBIA. l)rocceding\s of the board of public works, whether done at regular formal meetiugs of the board, or doue through the vice-president, as the executive officer of the board, aud that is all f — A. Yes, sir. By Mr. Stanton : Q. These press-copies are of letters and of indorsements of papers ? — A. Not of indorsements 5 those are always mere matters of routine. S. P. Brown sworn. By the Chairman : Question. Have you at any time been a member of the board of pub- lic works; aud if so, state when, and from what date to what date? — Answer. I was a member from, I think, the 16th of April, 1871, to some time in June, 1873, when I resigned. Q. Has your attention been called to the testimony of P. H. Rhine- hart, as affecting yourself! — A. It has, sir. Q. Have 3'ou any statement with reference to that matter ? — A. I have. I handed you a statement which I will read. This is the letter I addressed to the chairman of this committee, which I will read, aud it is all I wish to say in relation to the matter : WashiN(;tox, D. C, May 26, 1874. SiK : Mj' attention lias been called to the testimony of P. H. Ehinehart, ojiveu before your committee on Friday last, in wbicb be sajs tbat Mr. D. C. Forney told bim tbat be was to paj' me one-tbird of oue-balf of tbe profits realized from a contract awarded to Mr. E. F. M. Faebtz. I desire your conmiittee to examine Mr. D. C. Forney aud Mr. E. F. M. Faebtz in relation to said cbarges, wbicb, as far as I am concerned, are basely false ; and, iu connection tberewitb, I beg leave to state tbat I never bad to tbe value of one cent's interest in tbis or any otlier contract under tbe board of public works or tbe District government, and tbat I bave never received a dollar, directly or indi- rectly, from any contractor or from any person connected witb any contract under said board of public works or District government dnriug tbe time tbat I was a member of said board or siuce my retirement from said office. By commuuicatiug tbe foregoing statement to your committee, you will greatly obli>e, Very respectfully, your obedient servant, "^ ^ "^ S. P. BROWN. Hon. Wm. B. Aixisox, Chairman Joint Conijrcssional Committee Investigating Didrict Affairs. Q. That you give as your statement under oath? — A. Yes, sir. Charles E. Barney recalled. By Mr. Wilson : Question. Have you seeu the original papers, copies of which purport to be set forth on page 2204 of the testimony ? — Answer. I have seen the Unal estimates for that work. Q. Have you seen those original papers that are set forth there ? — A. O, yes, sir ; I have seen those. Q. Did you assist in making any measurement of that work f — A. No, sir; I think not. Q. Why did you not ? — A. I suppose it was not called to my attention. Q. Did you know anything about it at all ? — A. Well, I am not able to say positively, but I think not. Q. Have you any recollection of ever having seen that until your attention was called to it during this investigation? — A. No, sir; I think not. Q. You will see there the indorsement made on this paper is: "Messrs. Oertly and Barney will have these measurements made at once, and report. (Signed) A. B. S." Did those papers come into your hands lor TESTIMONY OF CHAKLES E. I5ARXEY. 2329 making any such measurements '?-^A. "Well, I would not like to swear positively that I never saw that, lor I may, possibly ; but 1 have for- ,i;otteu it, if I did. I certainly did not assist in making the measure- ments. Q. If you had been called upon to measure as many streets as are set forth in "that document, do you thiuk you would have been very likely to have foruotten all about it,^sir ?— A. Xo, sir; 1 do not think I should. Q. What do you know in regard to any such measurements having been made, if you know anything about it ? — A. 1 do not know any- thing about it. Q. Do you know whether 'Slv. Oertly was making measurcineuts or not .' — A. Yes, sir; I think he was. Q. Do you know how he happened to go out to make measurements ? — A. I suppose he was directed to do so. Q. By whom ? — A. Well, sir, I am unable to say who directi'd him to make those measurements; I suppose some member of the board. Q. What is your impression about that ?— A. I presume Governor IShepherd did. Q. Do you know of other instances where Mr. Oertly was sent out in like manner to make important measurements .' — A. Yes, sir; all these tinal measurements were made by Mv. Oertly and signed by myself, iind a great many measurements, or some measuremenrs of Taylor and Filbert ; some of Albert Gleason ; a few, I think, of (Jeorge Follausbee, A\ere made by ^Ir. Oertly. (}. Who sent him out to make them .' — A. I presume the vice-presi- ilent. Q. It was not done, then, regularly through the engineer department, and in the ordinary usual course of business ? — A. The linal vouchers were- Q. But I am speaking about those other \ouchers ? — A. Xo, sir ; I think not. Q. The linal vouchers, I presume, went through your ottice ? — A. The thing might be regular and not go through my hands; the thing might be regular and go through ^Ir. Oertly's hands. Q. But I am trying to get at who it was who sent ^Ir. Oertly out to make these measurements ". — A. I presume it was Governor Shei)herd ; I do not know \)Ositively about that. Q. Have you looked through Mr. Cluss's figures that he presented to the committee in his testimony ! — A. Y'es, sii'. Q. What do you say as to their accuracy or inaccuracy ? — A, The fig- ures which he presented on these avenues are co[)ies of our vouchers. Q. Tliey are correct'.' — A. Y'es, sir; 1 presume they are. (^. What do you say as to the other figures that he has presented to the committee? — A. if you will specify some particular matter, 1 will reply. Q. Y"ou have seen statements and tables that he made out here in regard to sewers, «S:c. ; have you examined those ? — A. Y'es, sir. Q. Are they correct or incorrect ? — A. They are correct. Q. Do you know who made the measurements of flagging lor John O. Evans ? — A. ]\Ir. (Jertly, I think, made most of them. 1 have made one I am sure of, that is B street; that is the only one 1 rccoHect of making myself. (). ])k\ you see the testimony of Mr. Cluss, in making up the cost of tlagging at B-strcet circle — did you see a statement as to the kind of Stone that was to be used iu that flagging ? — A. I may have seen it, but 2330 AP^FAIRS IN THE DISTRICT OF COLUMBIA. I liave forgotten about it now ; in fact, I know but very little about that flagging; it was something entirely out of my way. Q. But you have been about this city a good deal, I presume ! — A. O, yes, sir. Q. I will read to you this, as appears on page 2182 of the record : New York, Jjml 28, 1873. Gentlemen: We have a lot of selected bluestone flaggiug, say about tweuty to twenty-five thousand feet, from 2^ to 4 inch thick, even 4 feet lengths, and from 2i^,- feet to 4 feet wide, planed to an even surface, such as is used here for first-class work. We will deliver the same to you on wharf, Washington, D. C, at seventy-five cents per scxuare foot. Delivery to be complete within thirty days. Awaiting your reply, We are, geutlemen, very respectfully, your obedient servants, VAN BRUNT & BROTHER. Hon. BoAKT) OF Public Works, Washington, D. C. [Intlovseniout.] Board of Public Woi:ks, District of Columbia, Washington, April 30, 1873. Respectfully referred to the engineer in charge for report. This will be necessary for the P-street circle, if the price is a proper one. By order of the board : EDWARD JOHNSON, Chief Cleric. Board of Public Works, District of Columbia, Washington, May 0, 1873. Gentlemen: You are hereby requested to ship to this board from twenty to twenty- five thousand feet of bluestone flagging, from 2^ to 4 inches thick, even 4 feet lengths, and from 2^^ to 4 feet wide, and to be delivered at the wharf in this city within thirty days, at seventy-five cents per square foot. 13 y order of the board : EDWARD JOHNSON, Chief Clerk. Messrs. Van Brunt & Bro., 7.5 South Street, Xew Yorl: True copy : CHAS. S. JOHNSON, Secretary. The P-street circle is completed; otherwise the price is reasonable, if (quality is as represented; it will cost us only about 15 cents additional per linear foot for jointing. ADOLF CLUSS. Q. Now, I wish you to state to the committee whether the kind of flag- ging that is specified in this letter of Van Brunt & Brothers is the kind of flagging that has l)een put down by John O. Evans in his work about this city? — A. Judge Wilson, I am not familiar at all with the different kinds of flaggiug, although I would like to answer the question if I could. Q. Have you not seen the flaggiug down on B street north ? — A. Yes, sir. Q. There is a large quantity of it laid there ? — A. Yes, sir. Q. Is that plain flagging, or has it a rough surfocef — A. 1 think that is a rough quarry-faced flagging. Q. How is it across the mall ? — A. I think that is the same. Q. How is it about the Botanical Garden and down here on Mary- land avenue"? — A. 1 think that also is quarry-faced flagging. Q. How is it at Mount Vernon Place I — A. 1 do not know ; I have for- gotten. Q. Did you see the flagging that was put down on P-street cii'cle ? — TESTIMONY OF CHARLES E. BARNEY. 2331 A. I may have seen it at the time, but I did uot pay any particular at- tention to it. Q. This tiago-iuo- tliat we have Just been talkinf^' about — is that of even four feet lengths, from two and four-twelfths to four feet witie, or is it miscellaneous sizes '. — A. I have never noticed this flagj^ing ; I am not able to speak definitely about any of it. I know that there is a ma- chinery-dressed llao'ging and a rough flagging, but as to the difterent sizes I am not able to say. Q. How much machinery-dressed flagging have you ever seen about this city ? — A. I have seen some in front of the I'atent-Oiiice and around the Post-Oiilice ; that is the only ])laco I recollect. Q. Have you seen any in anj' place else about this city ? — A. I do not think of any other place. This matter of flagging I actually have had nothing to do with. Q. I only asked you the question with regard to it, because of your familiarity witli this city. — A. I never made any measurements of flag- ging. I have had very little to do with it. I have noticed nothing of the sizes. If 1 had been over it and made the measurements, I could probably answer that question intelligently. By Mr. Stewart : Q. You say that this measurement, made by Mv. Oerth-, you suppose was made by order of the vice-president ? — A. Yes, sir. Q. And tiiat you never knew the fact that in the indorsement on the back of it, directing a survey to be made, it was referred to ^Nlr. Oertly and Mr. Barney for that purpose ? — A. Mr. Oertly may have shown that to me; I would not sa^' that he did not. Q. You and Mr. Oertly were in the same office ? — A. Yes, sir ; he may have shown that to me, but I am certain I never made the measure- ment. Q. You are both engineers in the same office ? — A. Yes, sir. Q. When you were jointly ordered to do a i3iece of work, would you let the other know about it ? — A. I would, certainly ; yes, sir. (.}. You knew that he was doing the work? — A. Yes, sir; I presume I did. I have forgotten the circumstance ; I presume I knew of it at the time, but I have forgotten it. Q. There was nothing about it to attract your special attention so as to make you remember particularly ? — A. No, sir. Q. Nothing of an unusual character that would make you remember it specially ". — A. No, sir. Q. It was for preliminary and partial measurement, was it? — A. I am unable to say about that ; I i)rcsume, however, it was. Q. It appears to be a partial measurenu'ut. ])o you know whether there has been a final measurement made of that work ? — A, 1 think there has been a final measurement made of the most of that work, for 1 think I have approved and signed most of these vouchers. Q. You .say you sometimes signed vouchers of ]\lr. Oertly's work? — A. Yes, sir. Q. Were they correct or not — those you signed ? — A. I suppo.sed them to be correct. Q. You would not have signed them if you had not thought they were correct? — A. No, sir; 1 should not, by any means. Q. Have you any reason now to sup[)ose they were not ('(irreet.' — A. No, sir; J have not. Q. Tlien there is no i)artienlar point in their ha\ing been made by Mi'. Oertly, and signed by you .' — .\. No, sir. As a matter of courtesy, I 2332 AFFAIRS IN THE DISTRICT OF COLUMBIA. would sign the measurement of Mr. Oertly, and I suppose he would do the same thing for me. I think he is capable of making a proper meas- urement as much as I am myself. Q. You do not know that anybody has been injured by it ? — A. Xo, sir. Q. That was a habit in the office ; he would sign yours and you his, as a matter of course! — A. Yes, sir. Q. You were working together in the office? — A. Yes, sir. Q. Did Governor Shepherd ever rc<]uest you to survey up work your- self ? — A. Yes, sir. Q. He was the executive officer of the board ? — A. Yes, sir. Q. And the application for surveys came to him directly, did they not f — A. Yes, sir. Q. If he hap]>ened to meet either one of you, would it not have been a ver}' natural thing for him to hurry you about your surveys ? — A. Yes, sir ; he would usually send me a note on the back of a card, perha[fls, and tell me that he wanted some one measurement hurried up, or some- thing of the kind. Q. Would he send it to you or Oertly, or both of you? — A. He usually sent those things to me, because I usually made the measure- ments. Q. He usually sent them to you ? — A. Yes, sir. Q. Did he ever direct you at all how to do it, except to get it done? — A. No, sir. Q. Did you ever know of his giving any direction as to how surveys should be made, except to hurry you engineers up so that the settlement could be made ? — A. jSTo, sir. Q. Did you ever hear of his intimating to any engineer any way to make it except to hurry it up and do the work? — A. Xo, sir. I will say, however, in this connection, that whenever Governor Shepherd, as vice-president, and since Mr. Willard has been vice-president, and when Mr. Mullett was chief engineer, Mr. Phillips, or Mr. Cluss, whenever either one of those persons sent me a request to make a measurement, I invariably consulted those persons, and then, if the thing was not right, I had the responsibility off my shoulders. Q. When Mr. Willard, or Mr. Shepherd, or any of the members of the board sent you an order to survey, you did whatever A. When- ever they sent me an order directly, giving my name, I would invaria- bly consult Mr. Mullett, Mr. Phillips, or Mr. Oluss about it. Q. You consulted with your chief? — A. Yes, sir. I knew it was my duty to do that, so that, if there was anything wrong, I might be freed from responsibility. Q. You do not think there was anything wrong about a request to make a survey? — A. Certainly not, sir, in the least. 1 only did that as a matter of formality. That is the way I have been brought up. Q. Suppose he spoke to you as you were going along, and asked you to hurry up the survey. — A. I should do that by all means, or oflter to do it. Q. Suppose he spoke to you about there being other work ahead that ought to be done, if he met you, or any one of you, would you go to Mr. Cluss to speak about it ? — A. No, sir. Perhaps after I had it done I would tell him that the governor ordered me to do so and so, and that I had done it. Q. Then the executive officer of the board is in the habit of calling upon the surveyor's office, and hurrying them up pretty constantly for work? They were pretty well i^ressed, were they not? — A. Yes, sir. TESTIMONY OF CHARLES E. HARNEY. 2333 Q. And lie was pressed l)y applications for those surveys 1 — A. Yes, sir. Q. AVben a contractor bad some work ready for measurement be was very anxious tbat it sbould be measured ' — A. Yes, sir. Q. Tbe final certificates were all si<;iied by you, were they?— A. They have all been signed by me, neaily all of them, since xVpril, 1873 ; I think about a year ago.*^ Before that time Mr. Forsyth was measurer for the board. Q. Before that Mr. Forsyth did so .'—A. Yes, sir. Q. It was his duty ? — A. Yes, sir. Q. It has been your duty since you have been the head of it ? — A. Y'"es, sir. Q. Xobody has signed a final vonclicr without yonr approbation '. — A. I think in some cases. I think ^Ir. Forsyth was detailed last summer or fall by the governor to make some measurements for C E. Evans ; those 1 know nothing about. Q. Final measurements? — iV. Yes, sir. Q. Who certified to them ?— A. :Mr. Forsyth. Q. ^Vere they not certified also by Mr. Cluss ' — A. 2So, sir; 1 think not. Q. What was that? — A. For most of the Evans concrete work on Connecticut avenue, M, N, and L, and the streets in the First ward. ^ Q. Have you tested it to see whether it \\as correct or not? — xV. Xo, sir; I have not. Q. Have you paid any attention to this measurement on Twelfth street? — A. No, sir; none whatever. Q. Have you looked it over? — A. Yes, sir; at the request of Gov- ernor Shepherd I did that with Mr. Blickensderfer. 1 went to the Eb- bitt House Saturday night, 1 think. Q. Have you remeasured it ? — A. No, sir ; 1 have not. Mr. Forsyth made that measurement. Q. Who made the cross sections ? — A. I did. Q. In making the cross-sections, what did you do at the intersections ? How were those cross-sections made; what did they include? — A. The cross-sections were commenced at rennsylvania avenue and running all the way through to the Boundary. Twelfth street was one of the first streets finished, and Mr. Clephane laid the intersections of all the other streets; consequently, we laid the cross-sections right straight through across the other streets. Q. And the cross sections show that? — A. Yes, sir. Q. So that includes Twelfth street, right straight through the whole of it? — A. Yes, sir; with the excei)tion, 1 think, of New York avenue, which was laid before. In fact, there was no grading dcme there, at any rate. Q. There is a i)retty heavy cut through Twelfth street ? — A. Yes, sir. There were two points, one between (i and H, a cut of about 8 feet, and a point between K street and M street. That was something like G or 7 feet in some i)laces. Then the measurement ran up to 1* street. Q. What shows the depth on that i)rofile? — A. The cross-sections show that. Those I find I have not here. At the corner of L street the center of the street was '.>L' feet and ^''\, ; that is the elevation above tide- water. The new grade now is .S.")|',,, showing thcie is 7,\, feet cut at that point. That would be about '.>.\ feet cut on Massachusetts avenue. The deei)est cut is between K afid .M streets. This knoll was cut right off. 2334 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What was the greatest depth at the middle! — A. I think about 8 feet was the greatest depth at any point. Q. Has it been done precisely according to that survey ? — Yes, sir. These grades which I have shown you were taken within the last six months, and checked over to be sure they were right ; we have checked them over to get a correct record of them ; we have a map showing all the grades of the city ; the work was done according to the grades there provided for, and we have checked it over since. Q. Do you know anything about that contract, as a matter of fact — whether tliere was an extra grading outside on other streets that was included? — A. I only know at the intersection of Massachusetts ave- ]uie, but I do not know the circumstance. I simply know that Mr. Cle- phane cut away there, I thiuk, at the southeast corner of Massachusetts avenue and Twelfth street ; he cut out to the building-line or beyond the building-line, for the accommodation of some one of the property- owners, and at the time we were setting curb-stakes there we made a measurement of that, and it is 744 yards. Q. In measuring, this grade goes to what point, as far as the side- walk or to the building-line 1 — A. To the building-line. Q. The grading goes through the streets, then ? — A. Yes, sir ; it goes all the way from one building-line to the other. Q. There are some places in the city, you know, where they have only graded it to the sidewalk ? — A. There is one place on Twelfth street, between G and II, the property-owners objected to having it cut down square to the building-line, and there was a small terrace put in — some 3 or 4 feet, I should judge. Q. Then this measurement goes from building-line to building-line ! — A. Yes, sir. Q. You have not reflgured the work to see how you came out? — A.. I never figured it until Mr. Blickensderfer sent this to me. Since he sent to me for the cross-sections I have plotted it up and worked it out, and gave him my figures ; these cross-sections were taken in January or February, 1872, and I have done nothing with them ; they have been lying in the office. I have done nothing with them until Blickensderfer came to me and wanted them. Whenever he has wanted any informa- tion of that kind about cross-sections we have always plotted them for him — made a little map for him, figured up the contents ourselves, and then passed them over to him, to save him work. He could go over the figures afterward, and if they were not right he could make them right. Q. The figures agreed ? — A. Y'es, sir. Q. How do you account for the ditference between the voucher and the survey "? — A. Well, sir, I do not know ; I suppose Mr. Forsyth used his own judgment, as I should have done if I had had no cross- sections. Q. How did he make the survey; did he have your cross-sections? — A. No, sir ; I think not. By Mr. Wilson : Q, Could he have had them if he wanted them ? — A. He could have had them if he had applied at tlie office for them. By J\lr. Stevi^art : Q. This was under Mr. Phillips ; he was the engineer ? — A. Yes, sir. Q. What relations were there between your office and Mr. Folrsyth's office? — A. I thiuk the relations were very pleavsant. Mr. Philips and Mr. Forsyth used to have a spat occasionally, but I do not think there were any hard feelings between them at all. TES'ilMONY OF CHARLES E. J5ARNEY. 2335 Q. When ^Ir. Forsyth made a measurement, did he take your cross- sections usually to li>:ure it up from ?— A. No, sir; 1 think not. Some- times I have given when he has requested it. 1 have sometimes made a measurement of a grading, and handed it over to him, and he has iji- corporated that in his vouchers. Q. But on this occasion he did not have the cross-sections at all? — A. No, sir. Q. How did he make the measurement wliicli he uieasured after the work was done — how did he make the measurement without the cross- section? — A. I have had to do the same thiug myself, sometimes, and I have done the best I conhl ; I supi)ose he did the same. Q. There is just as much eviden(;e now to show what it was originally as immediately after the work was done? — A. No, sir; I think not. The banks have been cut down more or less. Where the street has been terraced the terraces have been reduced two or three feet, so that they would not show the height of the origiual cut. Q. Immediately after the work was done, or at the time he measured, could he see the height of the original cut ? — A. Yes, sir ; I presume so. Q. You took cross sections on the street ; how did the street compare with the banks at that tiuie; had it been graded at all, or was it level with the natural ground ? — A. The street was uniform with all the old streets, of al)out tlje same character ; the curbs were set, and the street in the center was crowned nj) about a foot and a half. Q. Was it lower or higher than the ground on either side, taking the average ? Now, I want to ascertain if a man went there, attempting to get at it, whether, there being no cross-sections, he would be most likely to make the quantity less or greater — that is to say, would the sur- roundiug ground furnish a good imlex or not ! — A. 1 think it was a very ilitiicult street to measure without cross-sections, from the fact that the street was — that there were short, sharp rises and grades. For instance, there would be a cut of eight feet in the middle of the square and noth- ing at either end, and a man would have to average that all over the street the best way he could, which was a very diflicult uuitter. Q. Without cross-sections at either end there might be none at all, but the surrounding ground wouhl indicate that it was pretty nearly level ? — A. Y'es, sir. Q. And they would not know the fact that the intersection had been graded up from the surrounding ground accurately ? — A. No, sir; I do not think they would. 1 think it was a very hard i)iece of work to measure. I think any man was liable to err who used his own judg- ment. Q. Did you ever call the attention of Mr. Forsyth to the fact that you had thesecross-sections; did he ioiow you had them ? — A. One of the first orders 1 received from ]\Ir. ]Mullett, when I came here, was to make cross-sections, and 1 think Mr. MuUett directed I\Ir. Forsytii at that time — I will not be positive about tliat, but I think Mr. Mullett direct- ed Mr. Forsyth to use these cross-sections in his measurements. As 1 say, 1 will not be positive about that, but I know tiiere was something- said about it ; but very often, if !Mr. Forsyth had come to our otiice tor a cross-section, lie would not Inive got it, because we did not have it. (}. A great many times you did not have it ? — A. A great many times we would not have it, because it was im[)ossible for us to get them on account of want of tinu;. (}. Did you have this in the otiice where he could have got it at the time he made the measurements ? — A. Yes, sir. This was in the oOicc at the time he made his measurements. 2336 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Have you any reason to suppose that be knew it? — A. I do not know whether he did or not. Q. They weie sort of independent institutions, these two offices? — A. Yes, sir. What difference did you make in the amount? — A. I have not that amount here, sir. Mr. Wilson. It will be found on page 22G0. The Witness. Mr. Blickersderfer makes it 20,437 yards, aud Mr. I'orsyth 41,000 yards. Mr. Stewart. He makes au overestimate for grading, supposing all the grading is to be paid for to the grading contractor, 14,44L yards? — A. Yes, sir. Q. "Allowed to contractors, 43,870 yards ?" — A. "Allowed to con- tractors, 41,000 yards." You are looking at East Capitol street. This is just above that. Q. Without deducting two feet, it is 14,000 yards? — A. Yes, sir. Q. That would be just about what you would flud, averaging it up ? — A. I am unable to answer that question, Q. How near would it come ? — A. I see Mr. Forsyth made a general average ; I suppose the same as I would. He, for instance, would go over the street, aud, looking at it carefully, may have said the grading there was three or four feet deep all over it; and I may have said, walk- ing over it, that it was 2i or even 5 feet. Q. What depth would it make it to bring out his quantity on Twelfth street — what average depth ? — A. About four feet. Q. Did you ever measure up for contractors' work that they had doue? You say that you have measured it frequently when you had no cross-sectious ; did you ever measure up wheu you did have cross-sec- tions? — A. Doubtless. Q. Did you ever allow them any more than was coataiued in the cross-sections? — A. No, sir. Q. Wheu you did not have cross sections, you had to guess? — A. I had to do the best I could. I had to use my own judgment. I think my judgment is perhaps as good as any one's on that, and I suppose every other engineer thinks the same. Q. It is a mere matter of judgment ; anybody in the world might be mistaken without cross-sections ? — A. Yes, sir. Q. Is it possible to go out here aud measure the amount of grading upon any one of these streets without cross-sectious ? — A. No, sir ; not accurately. Q. You might approximate it very nearly and you might be a good ways from the mark ? — A. Yes, sir. Q. In this instauce you do not know whether he knew you had any cross-sectious or not ? — A. No, sir ; I do not. Q. There was no communication between the two offices, so that what you had would be in his possession as a matter of business routine ? — A. No, sir. By Mr. Wilson : Q. Was Mr. Forsyth no part of the engineer's office ; was he an out- sider measuring up work ? — A. Mr. Forsyth had au office in the city hall, and used to do most of his business there. Q. Was he au outsider, entirely disconnected with the engineer's de- partment? — A. O, no, sir. Q. There was no particular difficulty in his getting hold of these cross- sections ? — A. He could have had them if he had come for them. TESTIMONY OF ('liAJ^.KS E. IJAKXKV. 2337 Q. But be dkl not coino for them ? — A. Xo, sir, Q. Was be one of the assistants of tbe eng-ineei's department 7 — A. Yes, sir. Q. Has be been measurinii- up a good deal of work :' — A. Yes, sir; be lias measured uj) considerable work. Q. Lie is tolerably familiar with tbe atfairs of tbe engineer's ollice .' — A. Yes, sir; I tbink so. Q. Is be frequently tbere ? — A. AVell, of course, not as mucb as tbe rest of us : but be is tbere, out and in. Q. Tbere was no ignorance on liis part about wbat you bad about tbat office ; you did not conceal from bim that you l)ad cross-sections '? — A. No, sir ; not by any means. Q. Wbat do you say about East Capitol street? — A. East Capitol street was one of tiiosc unfortunate tilings, like New Hampsbire avenue. Tbere were tbree or four contractors down tbere. Tbe first contractors got quarreling among tbemselves, and tbe contract was taken away from tbem, and Mr. l)anenbower was sent out to make a measurement. lie made tbem a measurement of about 1 1,()(K) yards. As I understand it, afterward tbat contract was awarded to Walsli & Glea- son, and ^Ir. Forsytb made a measurement of of 32,000 yards. They were both partial measurements, and, in making up tbe final measure- ments, both those partial measurements were added together, whereas they should not have been. Q. That is the way that came about 1' — A. Tbat is the only explana- tion I can make of it. Q. Well, it is wrong, is it not ? — A. O, certainly, sir. (i. And tbe proi)erty-holders have been largely overcharged, then, for work done on that street ? — A. Yes, sir. Q. Is there any (juestion about that? — A. No, sir; I do not tbink there is. Q. There is a large overcharge for curl)ing, is there not, as well as on Twelfth street ?— A. Yes, sir. Q. Mr. Forsyth happened to get mixed into tlmt thing in some way or another? — A. I do not know about the circumstances. I was away at tbe time. I have bad it called to my attention since. Mr. Oertly, I think, signed tbat voucher, and he and I have looked tbe matter over, and I think that is the way it occurred. I think there is no doubt about it. l>y tbe Chairman: (}. AVho made the final estimate? — A. The final estimate is signed by 3Ir. Oertly ; but tbe estimate was made linally in portions; that is, the grading was made final at one time. The curb and tbe wooden pave- ment, and all of those partial estimates, were put together, and made a hnal estimate of. In that way the thing got very much mixed up. By 31 r, Wilson : Q. You say 3Ir. Oertly signed tbat paper. Is it or not the fact that the engineer is compelled necessarily to lely upon his assistants ? — A. Yes, sir ; of course it is. (i. And is it or not the fact that when one of your assistants has gone out and gone over the street or the avenue and made ai measurement, and he comes back to you for your in). Did the vice-i)resident ever direct you in any of those orders, either verbally or written, not to comnumicate with Mr. Cluss ? — A. ^S^o, sir. Q. How do you account for his communicating directly with you rather than sending these orders through Mr. Cluss ? — A. Well, sir, I do not know, unless he was in a hurry, i>erhai)s, for it. Q. He never explained to you in au}' way why it was '. — A. Xo. Q. I suppose, if those orders had been addressed to the engineer in charge, Mr. Cluss, they would have been proper orders then, would they not ? — A. Y'es, sir. Q. What would jNIr. Cluss likely have in, or directed sonu; of the boys, if any of tlu'in were there, to make the nu'asnrenH'ut, and |>r()bably ho would Iiunc told me. about it the next time he smv me. 2342 AFFAIKS IN THE DISTRICT OF COLUMBIA. Q. Do you tliink be would ever have asked Mr. Oertly to make meas- urements ? — A. Yes, sir ; I know no reason why he should not. Q. Did Mr. Oluss communicate to you any doubt as to the ability or integrity of Mr. Oertly as an engineer 1 — A. No, sir. Q. Did you ever communicate to him any doubt upon that subject ? — A. Xo, sir. Q. Turn, if you please, to page 2129 of the testimony. There is a voucher, or estimate, rather, which seems to have been made by Mr. Oertly. — A. I observe it, sir. Q. Is that a partial or final estimate"? — A. That is a partial estimate, I presume ; all final estimates are put on regular vouchers, and go through the office. Q. This is a partial estimate "? — A. Yes, sir. Q. Now, will you call my attention to the particular street that you measured the other day, as indicated upon that voucher ? — A. " E street, southwest, from Tenth to Thirteenth, grading and hauling to the canal, $17,765.25." Q. That is the work that you measured recentl}", is it ? — A. Yes, sir. Q. Did you measure the whole of the work done'? — A. No, sir; I did not. Q. AVhat work did you measure? — A. Only E street, southwest, from Tenth to Thirteenth. Q, Did you measure all the work done on that street "? — A. Yes, sir. Q. All the work that has been done up to this time ? — A. Y'es, sir. Q. Y^ou found an overestimate ? — A. I will correct that statement. I did not measure all the work that I found down, but I measured the work which Mr. Oertly told me he measured. Mr. Oertly was with me at the time, and iiointed out what he had measured, and that made the same measurement. Between Twelfth and Thirteenth streets was a large hole, from which sand had been taken seven or eight or ten feet below the grade. I have nothing to do with that. Q. You did not measure that ? — A. No, sir. Q. Has there been any over-work done there since Mr. Oertly's meas- urement ? — A. No, sir ; I think not. Q. How much of an overestimate was made there ? — A. I have for- gotten. I think it was somewhere between four and five thousand dol- lars. Q. Did Mr. Oertly accompany you when you made this measurement ? —A. He did. Q. Did he assist you in making it ? — A. He did ; yes, sir. Q. What explanation did he make of his mistake "? — A. Well, he simply said it was a mistake, and that he had taken the street as 90 feet wide, when in reality it was only about 50 feet. I think he said that Glea- aou told him that he would have it all dowii before he asked for another estimate, or something of the kind. At any rate, something of that kind led Mr. Oertly into that mistake — some promise that Gleason was to do the M'ork. By Mr. Wilson : Q. That is to say, he made the mistake of taking Mr. Gleason's word for it, that he would do the work, which was not done ? — A. Yes, sir. By the Chaieman : Q. This is the piece of work that Mr. Cluss testified to as being so far wrong that it amounted to a fraud, is it not? — A. Yes, sir; I be- lieve so. TESTIMONY OF CHARLES E. 15ARNKY. 2343 Q. You say that you have ii(»t mfasinvd any of tlic rcmaiiidcr of tliis work ''. — A. No, sir. Q. Has there been any rtnal estimate made of any of this work .' — A. No, sir. Q. Do yon kuoAv liow iimch Mr. Gleason has been i)ai(l upon this work ? — A. The auditor informs me that there has beeu paid $14:0,000 of $148,230 ; so that he has over $8,000 left on tliat work. By Mr. Hamilton : Q. That is the usual per cent, kept l)ack, is it ? — A. No, sir. I pre- sume this $8,000 may apply to that jirading ]»articn]arly, orto sonie par- ticular portions of this. 1 see included here is F street, between Sixth and Ninth, 1 think that has beeu finally settled for. By the Chairman : Q. Do you know how much of this work has l)cen tinally settled for ? lias this large item of $50,000 been finally estimated ! — A. Yes, sirj F j^treet, between Sixth and Ninth, and Seventh street, from E to G-, have been finally settled, I think, and also Khode Island avenue ; making some $03,000. Q. Are you still in the engineer's office? — A. Yes, sir. (}. You made some allusion to tables and statements made up by Mr. Class in answer to Mr. Wilson's question ; did yon assist in making up rliese ? — A. Yes, sir. Mr. Cluss, I think a week ago last Saturday, in- formed me that he had been summoned before the committee, and that he had some questions to answer, and directed me to helj) him or assist him to get these up. Q. Which you did ? — A. I did, sir. Q. Then you made up these tables and statements from the records in your office i — A. I did ; yes, sir ; and assisted him as well as I could. Q. That included, of course, the cost of these main sewers ? — A. Yes, sir. Q. And the cost of the avenues ? — A. Yes, sir. ii. And the work generally ? — A. Yes, sir. i^. There was a skeleton-map thrown out before the committee that day; did you assist in the making of that? — A. That was an assess- ment of Pennsylvania avenue. .Air. Cluss directed myself and Mr. Danenhower, and our computer, ]\Ir. Alexander, to make an assess- ment on Pennsylvania avenue east, from First to Seventh street. We did make sncli an assessment. j\Ir. Cluss brought the plan up here ; the jjriiicijile is tlie same as that ui)on which all the assessments have l)ecn made, excepting that it is a simplilication or modification of it. By the Chairman : Q. I remember now what yon allude to; you made two assessments? — A. Yes, sir. (). This work on Twelfth street, that Senator Stewart inquired of you about, you have no knowledge of, wliatever '. — No, sii. Q. You never measured it yourself? — A. No, sir. Q. Could you have made an accurate measurement of that work if you had been ai)plied to at the time ? — A. 1 could : yes, sir ; 1 could have jnade the same one that 1 furnished Mr. Blickensderfer. (^. Did you make the measurement for Mv. Blickinisderfer .' — A. J plotted the cross-sections and calculated the (|uantities, and turned them over to Mr. Blickensderfei- for him to examine. Q. Now, sir, explain, if you i)lease, how you made that assessment. — A. In tiie lirst place, we want to determine exactly what the Coveru- 2344 AFFAIRS IN THE DISTRICT OF COLUMBIA. meut pays tlie wliole cost of. For that purpose we drew the center-line around this reservation between Fourth and Sixth streets ; we charged to the Government everything within those lines. And then we took the cost of the street from First street to Fourth street, and from Seveutli to Eighth, the total cost, and two-thirds of that amount we charged to the Goverument direct. Then we took the number of front feet from the center-line of Sixth street to the center-Hue of Seventh street ; also the number of front feet from the center-line of Fourth street to First street, includiug all the intersections of streets. The number of dollars, or rather one-third of the cost between First and Fourth and Sixth and Seventh, was divided by the total num- ber of front feet, intersections and all ; that gave us a rate of, I think, about ten dollars a foot. Then we charged private property teu dollars, intersections ten dollars. Government property ten dollars, wherever it may be. Take, for instance, the intersection of Third street, that is 90 feet wide ; the cost of the intersection would be ten dollars a foot, or $900. One-half of that we charged to Third street, and the other half to the avenue. In our other way of assessing, the difficulty is that there are so many intersections. There are three streets coming in to- gether, and we have to tiud the quantity of paving and grading, &e., in that intersection, and charge one-third of it to each street. By the Chairman : Q. Have you ever had any directions with reference to the measure- ment of Government reservations and avenues as to exactly what should, or should not, be included ? — A. No, sir ; I will simply state that this is only my opinion of how an avenue should be done. I will say that the statement of Mr. Oertly, w^hich he made, of the assessment ou Pennsyl- vania avenue east, and this assessment of ours agree, except we have charged to the intersection of streets $20,000, and they have only charged $7,000. In other words, the amount due the Government by our assess- ment is $232,000 ; but we have charged $20,000 to intersections, and they have only charged $7,000 ; so that it brings that up to $14,000 more, or makes it $240,000. By Mr. Stewart : Q. You have been over all these mistakes that were ascertained by Mr. Blickeusderfer yourself, and you know where you can get at them readily in the record? — A. Yes, sir. Q. Cau you make up in a little while a statement from the record of these errors which have been detected, and ascertain how much money has been overpaid to contractors where they are finally settled with, so that the District has lost ; how much the contractors have got by reason of the mistakes that have already been discovered in this testi- mony f — A. I will do so. You mean the mistakes discovered by Mr. Blickeusderfer ? Q. All you have discovered in the work where contractors have been paid ; all that have been testified to here by you or him. — A. I have not tested any of those. Q. I mean all that are in proof before the committee. I want to see what the aggregate of these errors is in payment to the contactors, how much contractors have received in consequence of these errors that have been discovered during the investigation, above what they ought. — A. 1 will do so, sir. By Mr. Stanton : Q. In some of the instances in which vou have furnished cross-sec- TESTIMOMY OF CHARLES E. r.ARXEY. 2345 tioiis to Mr. r>lickeiisderfer, luul tlu've not been sonic work done before the cross-section was taken ? — A. Yes, sir. Q. That was the case in respect to New Hanipjliirc avenne, to some extent ? — A. Yes, sir. Q. And it was the case, also, on ]\[aryhind avenne, was it not? — A. Yes, sir; I presume so. Tlie cross section shows a depression in the center of the street; I suppose it was cut out before. Q. May it not have been so in others also ! — A. Yes, sir; I presume so. By Mr. ^Mattincilv : Q. Do you know anything about alteration of figures over Mv. Cluss's signature, in the account of 8e\'cnteenth street? — A. I know I asked our clerk about that, and he said that ^Ir. Oertly Imd put down the fig- ures on Seventeenth street, and he had inked those figures over just as they were by JNIr. Oertly, so that he would know how it came there. Q. That was all the alteration that was made ? — A. That is all that I know of; yes, sir. The Chairman, [to Mr. Mattingly :] I do not think Mr. Cluss said that it was an alteration. He stated that the amounts were inserted, I think, after he had made his certificate. ]\Ir. ^Iattixcily. That is Mhat I understood him, and I understand Mr. Barney's statement, it was not an insertion afterward. The Witness. 1 will not say that I do not know. 1 asked the clerk about it, and he said those figures were put in pencil, and he inked them over; when lie did that I do not know. By Mr. Mattingly : Q. Do you know anything about the mistake testified to by Mr. Cluss as made by Mr. Forsyth on M street ? — A. The only recollection I have of that was, that myself and one of my assistants made a measurement and Mr. Forsyth also made a measurement, and 1 think we came out within two yards. How the mistake occurred I do not recollect, or what it was. I know there was some trouble about it. Q. It was two yards and not 2,000 yards ? — A. I do know that I and ]\Ir. Forsyth made a measurement, and we came within two yards of each other. Q. Well, sir, was not that coming pretty' close for two engineers ? — A. I should say it was. Q. Was that not the amount that was returned, and on whicli the street was assessed ? — A. 1 really have forgotten. Q. Y'ou do not remember i)ositively ? — A. Xo, sir; I would not like to say, because I do not recollect. I know that we made the nu'asure- ment, and avc came out within two yards of each other. Q. Mr. Class testified as to an error of !Mr. Forsyth in the measure- ment of the De (iolyer pavi-ment east of the Capitol ; do you know anytliiiig about that? — A. I know that there; was such an error discov- ered, an()ai:d ok Plhi-ic Works, DisTracr ok Columhia, Washington, 1). C, December 29, 1-71. Sn: : I have directed Charles E. Barney, esq., assistant engineer, to take cross-sec- tions every 100 feet before conimencin7 by 20 cobblestone = ."U0 yards, at 02 cents a yard, •'^210..')8 ; 1~>1 feet by 25 and 15 = 772 yards of grading, at 1!) centsa yard, $13S,i;>; 157 sixteen- iuch fiagging and gutter, 15 cents a foot, .*7(l.()5. Total, ><8.'5;3.;iG. Q. How do you know that was on the avenue ? — A. liecause I meas- ured it there. (i. What is there on the book to show you it was there ? — A. Because the heading of it reads so: "Fhig footway and gutter across North Carolina avenue and 1) street, west side of Tliird east." r.y the CilAir.iMAN: (^. ^\'hen was that work done.' — A. If was measured l)y me on the 11th of May, 1.S71 ; that is the dat«' in this book. 2350 AFFAIRS IN THE DISTEICT OF COLUMBIA. By Mr. Htewaet : Q. This is the measuremeut across North Caroliua avenue and I) street. How do you know it should uot be charged at D street '? — A. It is a street intersection, they all being counted as avenues at these points. Q. It is the intersection of North Carolina avenne and D street, the intersections being charged to the avenues f — A. Yes, sir. Q. And that is for the intersection 1 — A. Yes, sir. In the old vouchers, by turning to the papers that Mr. Winter has on file, the number of the voucher will correspond. Now, here the first flag foot- way and gutter across Maryland avenue and D street, southwest, south and west side of Third street east, is the one I have already; the first one in this account is the one I have just read, [refer- ring to paper handed to him by Mr. Winter.] The second one, across South Carolina avenue, west side of Third street, flag footway and gutter across South Carolina avenue, west side of Third street, 512 feet of flagging Q. I do not care about that ; I simply want to know if you made these separations from memory or from a book memorandum? — A. They are all separated in the book. Q. That is the data on which Mr. Winter bases his estimate, and that which applied to the avenues was taken from record evidence, and uot from memory? — A. From records altogether, as far as I found them out. By the Chairman: Q. That is the book of 1871 ?— A. Yes, sir. Q. How far back does that book go f — A. This book goes back to work done in 1870 and 1871. Q. How did you get at the amount of work done, for example, in 1824: on the voucher t — A. We got that from the vouchers that are fur- nished from tlie auditor's ofhce, and from the office of the collector, and from officers connected with the city government. Q. Do you find the exact data then separating avenues and cross- streets as now f — A. Just the same ; every paper there will show what was done on the avenue at that time ; you will find them marked on the bills themselves. Q. You will find, then, the exact data of the amount of work done on the avenues as far back as 1815 ? — Yes, sir. Mr. Winters. Here, for instance, here is a bill of 1837, in which the whole amount is chargeable to the avenue. The Chairman. Mr Winters, will you give me one where the work is divided ? Mr. Winters. I will do so, [witness proceeding to look for the same.] The Chairman. While you are looking for that I should like Mr. Forsj'th to explain to the committee something about the measurement on Twelfth street that Mr. Blickensderfer has been looking at. Mr. Forsyth. The measurement has been made by me. I believe it is right. The work has been done there in several places two or three u to be governed by that. — A. The letter directed ]\lr. Jiarney to furnisli me, and he never did furnish me with them. Q. Where would be the place for them to furnisli these cross- sections to you ? — A. Furnisli them to me as that letter directed. Q. Ill the engineer's oflice f — A. At my office in the city hall. Q. Are you not an assistant engineer of the board of public works ? — A. Yes, sir ; but my oilice is in the city hall. Q. Did the engineer of the board of public Avorks have two offices '! — A. The office of the records of the District of Columbia is in the city hall, and all the records of the whole county. Q. And if you were directed to measure the street and wanted to have it correctly done, wliere would it naturally occur to you you would find the data — the cross sections, or whatever data there might be ? — A. Get it from the engineer's office. Q. Would not that naturally be one of the first places you would goto ' — A. Well, he was to send this data to me if he had it. He did not do so. Q. Y'ou would hardly expect Mr. Barney to furnish you with •a large list of cross-sections at your office in the city hall. AVouldnot it require the work of two or three clerks to do that — to furnish you copies of cross-sections of every street. Did you understand that to be the mean- ing of the order ? — A. I did. Q. And you never applied at the engineer's offici' for cross-sections 1' — A. 1 have frequently got the (piantities from Mr. Barney to insert in the vouchers where the}' were prepared and ready. Q. And you would go there and inquire t — A. I would. Q. Did you, in this i)articular instance ? — A. I do not know that I did. Q. Do 30U know wliether you did or not 1 — A. I do not think 1 did. By Mr. Stewart : Q. Have you figured down this witli these cross-sections to see how your figuring' comi)ares ? — A. No, sir. (}. How did you ascertain that process .' — A. By the measurements along the line of the street, the height ot the banks as they appear now, and the actual digging that had been done in consequence of these changes that wen- pointed out to me. Q. Who pointed out the changes ? — A. Mr. Gleason. He was doing the work for Mr. Clephane at the time. By Mr. Wilson: (^. He was the man who was to get the money I — A. I ]»resume that is so. Q. He is a good man to ai)ply to to get accurate information ? — A. AVell, whatever I did, iMr. AVilson, I wish you to understand I did it conscientiously aiul fairly. I don't want to be considered 2352 AFFAIRS IN THE DISTRICT OF COLUMBIA, Mr. Wilson. I am not controverting that, Mr. Forsyth. The Witness. If yon had been a contractor, I avouUI have done the same for you. Q. Since you were on the stand there has been some testimony given in regard to the mode of making assessments, and I desire you to state hoAv you went to work to make those assessments against the property holders on the various streets and avenues in the city. That is a matter that has been i)eculiarly within your cliarge, as I understand it.— A. The whole cost of the street was given to me by the board, and half the intersections of the different streets were deducted, or added in, as the case may be. The neb cost was divided. One-third of the whole cost of the street was divided by the front feet of property bordering along the line of the street, which gave the rate per front foot. Q. Then, according to that, before you could make an assessment on any street or avenue, you had to know the entire cost of that street or avenue ? — A. Yes, sir. Q. It had to be completed, and the work done, and you had to know what the cost was before you could make an assessment against the propert}" ? — A. That is so. Q. i^ow, will you tell me how you managed to make the assessment of Massachusetts avenue, Avhen the avenue is not finished f — A. I got the estimate of the balance between Twenty-second street from Mr. Barney, of the cost of the sodding and other work to be done there. Q. There was not only sodding to be done, but footwalks to be laid ; grading to be done, and carriage-way to be laid, so that in that case you did not wait until the street was completed, and got the actual cost : but you made your assessments in advance of the finishing of the street ; is not that so ? — A. That is so. Q. Now, did you make the assessment against the property of Mr. liiggs, Mr. George W. Kiggs, on that street 1 I do not know what street he does live on. The WitneSvS. Wherever he had property — yes, sir. Q. Do you know of any case w^here you changed your assessments after you had made them; found that they were too large; and have given statements to property-holders that their assessments were erro- neous ? — A. Eeally, I cannot call to mind now; there may be. Q. I mentioned Mr. Eiggs, because I thought, perhaps, that would enable you to remember. The Witness. Mr. Winter, have you any idea? Mr. Winter. There were some streets. The Witness. I have no recollection of any, except it might be, per- haps, on C or D street ; probably-. Mr. Wilson. If you do not remember, I will not press the matter. Q. Do yon know any other streets where assessments have been made against the property-owners before the street had been completed ? — A. There has been an assessment made on Nineteenth street. The parking has not been done; that is all. Q. Do you know any other street where that has been done ? — A. I think not. I have no recollection of any other. i}. Do you know of any case Avhere you have made assessments against proj^erty which j'ou ought not to have made f — A. I do not. Q. How do you manage it about the tre^s — the number of the trees that are on the street or on an avenue — a great many of these have not been planted yet ? — A. That is the business of the auditor. I only get the bills from the auditor. They allow a tree, I think, to every TESTIMONY OF WILLIAM FORSYTH. 2353 twenty feet, so that if yon take the whole length of the avenue, and divide it up by twenty, you get the number of trees. Q. That puts trees at all the street-crossings, and then, when you come to one of those angular spaces, you plant trees clear across that, do you not '? That is to say, there are imaginary trees furnished, and which are charged for at the rate of six or twelve dollars a tree ? — A. I have nothing to do with that. Q. Is not that so ? — A. It may be so, but I have uothiug to do about that. Q. AVhat is your best impression ? — A. To count them, as I say, tak- ing the whole length from the map ; of course it may be so. Q. Do you not think that is the fact? — A. I do not know, indeed. It may be so. If they take the whole length of the avenue and divide it by twenty, to get the number of trees, oue of the trees might fall iu some of the streets. Q. Is tliat the way to do it ! — A. There is no other way that it cau be done. Q. That is the way — about the way it is done ? — A. Yes, sir ; I think so. Q. Who furnished the auditor with the cost of thCvSe streets? — A. The engineer's department. I suppose all the work of construction comes fiom the engineer's department, and then all the other incidental expenses come from the pay-rolls of the parties employed there as superintendents. Q. Have you looked over East Capitol street ? — A. No, sir. Q. I asked you once about the curbing when you were on the stand efore.— A. The curb of that street is exactly rigiit— 0,015 feet or 0,005 feet. The whole of the side foot- ways were measured by my assistant, Mr. Wilson. It was not entirely complete, so it required remeasure- ment afterward. Q. You know that curbing is nu^asured correctly? — A. Yes, sir. Q. Unfortunately, the street is charged with a great more than that ?— A. I know all about that. Q. How is that? — A. I have nothing whatever to do iu relation to that. There has beeu some 0,000 feet more of the old corporation curbing taken, and some curbing put iu place of the parking, and prob- ably some of the curb may have been taken up and used by different changes of the grade, or something of that kind, but 9,015 feet is the actual amount there now. Q. There is no controversy about that, but the fact is, there is a very large anu)uut of curb charged to that street that is not there. — A. Yes, sir ; that is so. Q. And that curbing has been hauled away, and used elsewhere ?— A. "Y*ps sir Q. And these people on East Capitol street have been assessed for it? — A. Yes, sir. Q. How about the grading? It seems to me you made some measure- ments for the grading there.— A. I made about 30,000 yards on that street entirely. Q. You measured the whole of it ?— A. Yes, sir. Q. From N to M ?— A. Yes, sir. Q. And somebody has got pay here twice?— A. I know nothing about that. I only know what is tinder my own signature there. Q. How did you make that measurement of the grading ?— A. From my general knowledge of the street. Q. Hid you put any levels on ?— A. Not one. 118 D c T 2354 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Had no cross- sections ? — A. No, sir. Q. You made tlie best guess you could! — A. Well, sir, I guess it xA^as pretty near the thing. Q. You made the best guess you could ? — A. Yes, sir ; if you choose to say so. By the Chairman : Q. You were superintendent of assessments? — A. No, sir. Q. Haven't you the direction the assessments'? — A. I make all the as- sessments, and the record of all the lots and lauds of the whole District of Columbia are iu my office — the sizes of all the lots ; consequently all the official papers are there, and I make them in consequence of that. Q. In making up the amount the Government is to pay ou any ave- nue, and the method of measuring that avenue, together with the cross- streets — the intersecting streets — from whom did you receive instruc- tions, if from anybody"? — A. I never got any instructions from any per- son, except that i was directed to go and point out this work belonging to the United States to Mr. Samo. Q. I know ; but what I want to get at, Mr. Forsyth, is this : How did the board of public works and the Government of the United States arrange as to the proper proportion that should be charged to each ? — A. I cannot inform you. Q. You do not know ? — A. No, sir •, except the regular custom was adopted ; I do not know by what method or how they arranged it. Mr. Oluss has made a statement here the other day in relation to some work on Pennsylvania avenue and H street. He stated that I made an error there. Well, the error was made, it is true, but it was by not de- ducting the amount of yards that was occupied by the railroad, which amounted to the difference. When my attention was called to it, I had it corrected. By Mr. Mattingly : Q. Then it was not an error in the measurement, but an omission in failing to deduct the amount occupied by the railroad-track ? — A. That is it; also down on B street north, between First and Third streets. It was a mere clerical error, as the committee can see by reference to this book. The square feet in that street were added by me to be 39,993, instead of 33,933. It made a difference of some three or four hundred yards; that is all. In relation to New Hampshire avenue, the voucher I had from New Hampshire avenue I got from the engineer's office — the amount that was to be charged in Hulse's work, which you will see. Q. About M street. — A. On M street my measurement as assessed was exactly right; the figures were never changed, as Mr. Barney stated when he went out. Mr. Cluss made a mistake there in taking the street as 32 feet wide instead of 40^ feet; that is about the difference that he says there is in the street. Mr. Winters recalled. By Mr. Stewart : Question. Do you know whether the people of East Capitol street by this error have been overcharged or not"? Have you figured it up so as to ascertain? — Answer. I figured it myself, some weeks ago, just before I was called up here. While the property-holders have been over- charged for this curb, they are indebted now to the board of public works over $3,000 for the parking — for the trees that were put in there, that TESTIMONY OF MR. PHILLIPS. 2355 were never put in the assessments. The assessments were made pre- vious to that time. Q. Indebted after having deducted that error ? — A. Yes, sir. Q. So that they liave not been really overcharged .' — A. No, sir; rhey really owe the board now some 83,000. Q. This parking on the street you say was never included in the as.sessmeut ; That work has actually been done, and is there now ? — A. Yes, sir. By Mr. Hamilton : Q. They are liable to be assessed for tliat ? — A. They can be assessed for that, 1 presume. I do not know what the arrangement is about that. Q, You mean that will be equivalent to the error in the overcharge for excavation, too? — A. I do not know anything about excavation. I am only s])eaking of the curbing that was overcharged. Mr. Phillips recalled. By the Chairman : Question. Mr. Cluss wanted us to ask you a question in relation to some conversation you had with him about a year ago as to a matter connected witli the board of public works. Will you relate it briefly f — Answer. Yes, sir. 1 can only say that Mr. Cluss, about a year ;igo. was doing some work for me })rofessionally, and had charge of some ware- houses that I was then building, and 1 had occasion to see him fre- nt there is no such thing as I call a record." He said the system is a peculiar one, and I do not like it. In tact, he said, it is no system. And 1 remember of liis tlnn rcnmiking, also, that he would resign — would retire. I said to him, •' We knosv you to be a good engineer; we have confidence in your integrity and ability, and I beg you will do no such thing. As a property-holder and a tax-payer, 1 say to you that we would rather have you there, because there are very large improvements being undertaken, great changes ot grade, and so on, and so on, and I think you can be of service to the city and to the i)roperty-hi)Iders by remaining exactly where you are." He said, " Well, 1 willthink of it." 1 do not think* I saw Mr. Cluss again to converse with him certainly until my retiun from the country, in November. It was then a very casual conversation, and anuuinted to about the same thing. (}. That was in November ? — A. Yes, sir; but I will say, if you will 2356 AFFAIRS IN THE DISTRICT OF COLUMBIA. permit uie, in additiou — aud I say this in my own vindication — that since November, or thereabouts, 1 do not think I have ever seen him nutil I met him in this room — until after the investigation com- menced; nor have lever spoken of the matter to any member ot the committee, directly or indirectly. I do not think 1 ever mentioned the conversation to any person except to my personal friends at that time. The Chairman. I will state that I had this subpoena issued at the request of Mr. Cluss. Frank H. Smith sworn. By the Chairman : Question. Where do you reside ? — Answer. In Washington. Q. What is your occupation ? — A. I am a reporter. Q. You are the official reporter of the House — the stenographer ? — A. I have a contract for a portion of the House reporting. Q. Have you had any contract with the board of public works of this city ? — A. Yes, sir. Q. What contract have you had? — A. One year before last for some Phillips round-block pavement on M street and Nineteeutb, I think, aud a pontract last fall for laying a sewer in an alley adjoining which my stable is, amounting to two or three hundred dollars. Q. What was the extent of the first contract you had ? — A. I do not remember the amount ; I should say some fifteen or twenty thousand yards. Q. Had you ever been a contractor prior to that time "? — A. Not for that kind of work. Q. For what kind of work had you been a contractor? — A. For the reporting of the House, and various other matters. Q. Have you ever been engaged on any sort of public improvement in the way of taking contracts? — A. No, sir. Q. Now, Mr. Smith, will you just state to this committee everything that you know, and withhold nothing in regard to the manner in which you procured that contract, and the purposes for which that contract was let originally? — A. I returned to the city, I should say, about the first of September of that year; having nothing to do, for three or four months, until the meeting of Congress, I made some intjuiries, as I have jilways done before, for reporting to employ myself. Finding nothing in that direction, I had a conversation, as I remember, with Mr. Lewis Clephane, who was an old friend of mine for twenty years' standing, asking him whether he knew anything that I could do to employ myself until the meeting of Congress. I have no recollection of the details of the conversation, but the result of it was that he stated that he had some engagements, in the early part of the year, for laying round-block pavement ; that he expected to have laid a very large amount of it ; that in that expectation he had procured a large amount of material; that he had failed to receive contracts to use up tlie material ; that he understood the board of i^ublic works were not going to give any further contracts of that description, but that two or three contracts had been given to parties who, in his judgment, were not going to do the work ; that if I could make an arrangement with one of those parties, he would be very glad to furnish the material; and that if I would furnish the capital and do the work, it would be an advantage both to him and myself, stating that he had already engaged in con- tiacts to as large an extent as he was able to furnish capital. I think I asked him to see the parties and see what arrangements he could TESTIMONY OF FRANK H. SMITH. 23 'i 7 make, and that lie made arrang-oments with one of these parties to give up his contract. I took the contract. It was transferred to ine, and executed in my name. I furnished the capital, y;ave my attention to it wliile the work was goiiif;- on, and drew the proceeds, whatever they were. That is all the statement I can make in regard to it. Q. Who was the party from whom you got this contract! — A. I am not quite sure whether 1 remember bis name or not. It seems to me it was Patrick O. Haws. Q. He had the contract, had not he, awarded to him ? — A. I did not know. I have stated the information as it came to me. Q. Was the contract assigned to you, or was it a new contract issued to you after you got control of this matter? — A. My impressiou is it was a new contract issued to me. Q. Do you know whether Patrick O. Haws bad a contract in his own name at that time ? — A. I don'c know. Q. How long had you known Patrick O. Haw^s ? — A. I never knew him before. Q. Do you know what his business is here ? — A. I don't know any- thing about him. . Q. Had you ever seen him about the Capitol — about any of the com- mittee-roonis of this Capitol ? — A. I don't think I have ever met him half a dozen times 'before or since. Q. Don't you know Patrick O. Haws is a gentleman from Nebraska, and has beeu about the Capitol for some time past? — A. No, sir; I don't know anvthing about him. Q. What did you pay Mr. Haws !— A. About $2,000. Q. How long did he have this contract?— A. I don't know. Q. Who negotiated between yourself and Mr. Haws ? Did you carry on the negotiations yourself ? — A. My impression is that the negotiation was made by Mr. Clephane. Q. Did you pay him two thousand dollars in money? — A. Yes, sir; I gave him a check for it. Q. On what bank?— A. I think the National Metropolitan, Q. Had Haws done anything witli this contract? — A. No, sir. Q. What did you do with it after you got it?— A. I employed the parties and did the work. Q. In what way ?— A. I employed Mr. Albert Gleason to do a portion of the work. Q. What portion of the work did Mr. Albert Gleason do ? — A, I think he graded the street and laid the pavement. Q. What did you receive out of it as your share of the business? — A. I received the entire amount of the contract, whatever it was: I don't remember what it was. Q. What «lid you pay Gleason ? — A. As I remember, 50 cents a S(iuare yard. 1 don't remember the aggregate amount. Q. For doing what ? — A. What I have stated. Q. For laying the pavement ? — A. Yes, sir. Q. And tiie grading, too ?— A. Yes, sir. Q. What was yonr [trotit out of that contract .'—A. >Somcwhere in the neighborhood of .'«f;5,000. I don't remember. That was, however, witli- out Computing interest for the use of the money during the time the l)ayments were in abeyance, some of which were a year or more. Q. In the Governor's Answer it is stated you received $4.^,741.75. — A. Probably. (). That seems to have been the cost of the work to the board ot 2358 AFFAIRS IN THE DISTRICT OF COLUMBIA. public works, according to this report. Have you any writings between yourself and Gleason ! — A. Yes, sir. Q. Where are they now? — A. There was a contract, I think, in writ- ing. I think he has a copy of it, and that probably I have. At least I had. Q. Could you furnish us a copy of that contract ? — A. I have nc« doubt I can find it among my papers. Q. Cannot yon remember what the arrangement was between your- self and Gleason ? — A. I think I have stated the arrangement in full. Q. ^Yhat was Gleason to do ? — ^He was to lay the pavement and do whatever grading was required. Q. Did the contract stipulate for any grading ? — ^A. It was desigTiated as grading or trimming. Q. Had not that street been graded before yon got the contract? — A. I think the heavy grading had been done. Q. Had not it all been graded down except merely the trimming just necessary to put the blocks down °? — A. I think, for a portion of it, the excav ations were probably as much as two feet or more. Q. Who furnished the wood ? — A. Mr, Clephane. Q. What did he get out of this contract ? — A. He got the price of the blocks, whatever that was ; 1 don't remember. Q. What did yon furnish ? — ^A. I furnished the money and superviseil the work, and had general arrangement of the whole matter. Q. What money was necessary for you to furnish f — ^A. Money for the purchase of blocks, and money for the payment of the hands and ma- terial. Q. Did Mr. Clephane get his money for his blocks at the time they were delivered, or did he get it from the board of public works f — A He received it from me from time to time. Q. Is not this the way it was done: that Mr. Clephane furnished the blocks, and then you drew certificates or money from the board of public works, and you turned it over to Mr. Clephane ? — A. j^o, sir. Q. Did you give Mr. Clephane orders of the board of public works for this money ? — A, No, sir. Q. Jn what way did you pay him ? — A. In money. Q. How did you pay Gleason ? — A. In money, from time to time. Q. Money drawn from the board f — A. No, sir. Q. Did you advance money to Mr. Gleason "? — A. I did. Q. In advance of your receiving it from the board of public works ? — A. I think the entire amount I received from the board of public works was $5,000 before the work was done and for some months afterward. The entire cost of the work had been paid by money advanced by me as the work went on. Q. Looking at these vouchers, I see they were originally made out to Mr. Clephane. How did that happen, and his name stricken out and yours inserted ? — A. I don't know. It is the first time I have been aware of it. Q. Did Mr. Clephane have any interest in this contract with you f — A. No ; not except as I have stated. Q. I see, from the records of the board of public works of Washing- ton, D. C, September 28, 1872 : Board of Public Works, Washirigtoti, D. C, September 18, 1872. The board met at 3 p. m. Present, Messrs. Alexander R. Shepherd and James A. Magrnder. * * * (The chief engineer was notified,) also, to make contract with Patrick O. Haws for paviug the carriage-ways with Philips round-block pavement — of M street, from TESTIMONY OF FRANK II. SMITH. 2359 Twenty-sixth street bricl i)ront is just lying arounshire avenue there are about 1 10,000 yards of earth, and it lies between ^lajor Vandenburgh and Mr. ^Inrray. I am perfectly willing that tlie\ should swear it out. 1 do not know anything about it. I supposed at the time 1 made the cross-sections that ^fr. N'andenbnigh had taken it all out, but Mr. Murray informs me that he had taken a p(ution of it. Mr. Vau- denburgii says he has not. That is for these gentlemen to decide. 2364 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Turn to page 21G5 of Mr. Class's testimony. I ask you how long it would take you to have those measurements for the purpose of verify- ing those statements that came to you. I will call your attention to that. The first item there : " Balance due on the last measurement." — A. Do you mean that this is the balance of all the measurements that have been made? Q. I just gave you that ; you see what it is there. — A. In order to as- certain the correctness of this balance, I would have to go over every- thing. Q. How long do you think that would take you ? — A. Probably six months. Q. That would be a very excessive measurement, w^ould it not ? — A. Yes, sir. Joseph H. Fletcher sworn. I see from a portion of the evidence given by Mr. Cluss, in speaking of the excessive prices x)aid to me for my contract for old tlaggiug, I would like to make a statement in relation to that, and about my contract. I would state that after 1 was awarded the contract there was no price fixed for the work whatever. I addressed a communi- cation to the board requesting them to fix the price in order that I might be able to sign the contract. After a few days I went to the office of the vice-president, and I inquired of one of the clerks with regard to my communication, and he informed me that it had been referred to Mr. Oertly. I then saiw Mr. Oertly, and I requested him to attend to it as soon as possible, because I wanted to know what I was to receive. 1 was then working blind. I do not know what I have to receive for the work. He fixed the price, and I then signed the contract and bonded. It was in last July. In regard to the price of old flagging — the excessive price — I wish to state that the old flagging cost me more in proportion a foot to lay than new. I also want to mention what I read in one of the papers last night — a New York paper — in reference to my being an unwilling witness, and also in reference to my being settled with and paid for my work, which is not the fact. The work has been measured, and I have been paid in certificates for all the work that 1 have done. I have done this work cheaper than any one else. All others who have done this work have received much better prices than I have. By Mr, Wilson : Q. How long have yon been engaged in this flagging business ! — A. I believe I have only done — I have worked at flagging — I served my apprenticeship at it, and I have worked at it as a journeyman, and I worked for Mr. MuUett at the Treasury Department. I received a con- tract fioni Mr. Clark last year. I did some work for him at flagging at First street. Q. The flagging you did for Mr. Clark, did you furnish the stone ? — A. A portion of it; only a small quantity, that I got here in the city. Q. What did you get for laying the flagging there ? — A. Ninety cents a foot. I only jointed it and set it. A portion was jointed that I laid. He furnished the stone. Q. What did you understand it to be worth to lay flagging and to fur- nish the sand and cement ! — A. That would depend entirely upon cir- cumstances — what I was to receive in the way of money, bonds, or cer- tificates, or how I was to receive it. Q. I am talking about money. — A. Well, of course, like everybody else, I wanted to make as much as I possibly could. TESTIMONY OF JOSEPH H. FLETCHER, 23G5 Q. What did you consider a fair price ;' — A. What I consideie. Is there any difference in going around a circle and laying a straight line !— A. I think at B-street circle the stoue is superior. 2366 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. In laying a circular form of flagging, is there any difference in the l^rice between that and the other? — A. The face of it is dressed. Q. Bat I mean in laying it down to make it fit square. — A. I do not know as it is any better job. Q. That is not what I ask. I ask is it any more of an expensive job ? — A. Not any more expensive to lay it. Q. The only additional expense is the dressing of it ? — A. The dress- ing. Q. Is not there wastage in laying around a circle where it concentrates toward the center ? — A. There may be wastage of the stone. Q. In laying stone around a circle such as P street circle, does not it have to be concentrated toward the center, and is not there a little piece of it cut off of each stone ? — A. Yes, sir ; a small quantity. G. W. EiGGS sworn. By Mr. Wilson : Q. Have you had assessments made against your property, in this city, for street improvements ? — A. Yes, sir. Q. Do 5'ou know by whom those assessments were made 1 and if you have had any interview with any person in regard to them afterward, I wish you would state just what occurred. — A. I do not know by whom ])ersonally they were made. I got the information from the board of public works. The usual written notice I got, or i)rinted notice, I forget which it was. Q. Did you make any complaint as to the incorrectness of the amount stated in those notices ? — A. I (^d in some instances. Q. What was the result? — A. I complained of the assessments, which I claimed were too large, and they admitted they were wrong, and told me I should be allowed a very large i)ortiou of it. They told me I should have credit for it. I have not paid the bill. I hold the corre- spondence that I had with the board of public works, admitting that they had overcharged me. Q. You have that correspondence with you now ? — A. Yes, sir. Q. Let me see it. " [Witness produces it.] — A. This is in regard to one case in front of my own house. Q. Just give the committee a history of this matter. — A. This notice was served on me on the 9th of November. I think it is about that date. Q. What is the amount you were assessed ? — A. That is, the amount in front of my dwelling-house? I was assessed for 8856. Q. What year is that? — A. November, 1872. I had, previous to that — in order to explain my making objection in connection with the ma,jority of the property-holders — I had, when I understood they were going to take up the carriage-way, which was a remarkably good one, of stone, handed to Governor Cooke, then the governor of the District, a written protest against changing the street. I objected to it because they were going to put an inferior one down. He said that was a matter of opinion. But I found that the protest did no good, and they took up the pave- ment and then laid one of those tar pavements in front of my premises. When the bill came in, I took exceptions to the amount, and inquired whether I was charged the same as the rest of the street. I was in- formed that it was so. I then addressed a communication to the board of public works, and told them that in front of my house there had been no sewer laid — there is no sewer on the square on which I live at all — and that I found that I was charged for a sewer which did not touch TESTIMONY OF G. W. RIGGS. 2367 my square. I thought that was obicctionablo; that I shouhl not pay for improvements which I couhl not derive the benelit of; in fact, was not on my square at all. I also objected to the fact that they charged me for curbing, when they used my old curbing. - They Just moved it out two feet and used the oW curbing. 1 objected to their charging me for a new curb, when they usent bill for improve- ments in front of your premises, in square 185, you are respectlully informed that you are entitled to a deduction for 21:5' 2", being tlie front of lot G, say my taxes. I have never failed to jiay any that I did not take exception to. Q. This you did take exception to? — A. I dirt. I told the cashier of the bank 1 intended to dispnte this bill ; and I think I told him I would fight him, and he said he would not tight with me. Q. Has this assessment against your property been transferred to a bank in Xew York ? — A. I understand so. Q. Do you know for Avhat purpose — whether sold or hypothecated? — A. I do not — I do not remember. I understand that they hold them. That is all I kuow about it. They told me they held some assessments. Q. Was there any other property of yours used there than that you have mentioned ? — A. They took np a good pavement and put down a bad one, which I took exceptions to, and I protested against, before they commenced. Q. Where was that? — A. Do 3"ou mean other property? I have property all over the city to which I take exception. Q. Did they carry away any of your sidewalks or curbing ? — A. Yes, sir. I am now asking for the returns for those things. Q. In what way did they give you this assessment — in certificates or by — you say all ? — A. All I know about it is they merely communicated to me they would refer to the auditor to audit. Q. That is the last you know of it ? — A. Yes, sir. By Mr. Stewart : Q. Do you contest the whole of it — the whole assessment — as illegal ? — A. No, sir. Q. I mean the whole special assessment. — A. I may as well state in all fairness to the bank, I stated another point which I would dispute under legal advice. I told the cashier of the bank that the certificates issued — I thought I had a right to pay in the certificates which the board of public works have issued to pay contractors. The construction 1 put upon the law was I could pay with these certificates. Q. You could buy certificates they issued and exchange them ? — A. I told him I thought I could pay them : that I had the right to pay them whenever I ascertained the aggregate amount and pay the aggregate amount of these certificates, and that I was advised I could do so by the best legal authority. Q. That is the reason you have not paid any of them ? — A. No, sir ; I have paid a great many of them. I have paid some of them where, I have no doubt, there was an overcharge, but I did not care much about it. I thought I would get rid of it. By Mr. Mattingly : Q. What is the date of your first letter to the board ? — A. A few days after they sent me the notice. I received the notice on the 9th or 12tli of November, I do not remember which, and on the 21st of November 1 wrote them a letter. Mr. Christy. I desire to call the attention of the committee to what is on page 2252 of the record, where there was a difference of recollec- tion and not a question of veracity between us. It is merely to settle, by a reference to the record, a question of recollection that has arisen. The Chairman. In reference to what ? Mr. Christy. About this matter of controversy growing out of the execution of an offer to arbitrate the matters in controversy between TESTIMONY OF ADOLF CLU8S. 23 G 9 the board ami Daniel Strong', in wliicli Mr. Class tliou.uht proper to make a statement which was denied with a S.(»r». There is only one other larger sewer in fieorgetown. This is on Bridge street. However, since this sewer on liridge street lias been assessed to the street proper, it cannot be im;luded also as a main sewer. Even if this .sewer was to be included, it would not amount to more than only >* 10,000. 1 have the voucher here for this sewer, though I just mean to say. in kind- ness, that memory fails others as well as me. I ha\e got another page liere. Sin(;e yesterday a very extraordinaiy document was circulated, and I was juesented as a periurer to the I'resident of the I'liited States ami the country. I have had little lime to look o\er these things. [The witness tlieu read from page IOl'O of the record, to the ellect that 149 D C T 2370 AFFAIRS IX THE DISTRICT OF COLUMBIA. Goveruor Shepherd stated that Mr. MuUett had received ouly 85,000 in the aggregate.] The Witness, resnming-, said : ]S'ow, Mr. Mullett received about $5,000, aud I have the voucher for it. He did not receive it in gross, as Mr. Shei»herd states. [The witness then read the following paper :] Washingtox, March 12, 1S73. The Board of Public Works, To A. B. Mullett, Dr. For services as chief engineer, from May 17, 1871, to AngUvSt 24, 1S71, and from December IG, 1871, to April 30, 1872, seven months and twentv-oue days, at So.OOO per aunnm ". 83, 208 33 For services as consulting engineer, from August 24. 1871, to December 16, 1871. and from April 30. 1872, to October 14, 1^72, nine mouths aud six days, at $2,500 per aunuui 1, 916 67 5, 125 00 Appioved: H. D. Cooke. Alex. R. Shepherd. James A. Magruder. Adolf Cluss. S. P. Browx. Received pavmeut. A. B MULLETT. By Mr. Mattixgly : Q. How much do you make it he was paid in gross ? — A. I say he was paid in detail, and not in gross. The Chaikmats". I don't think it is worth while to spend much time over that ; that is all in one voucher. The Witness. Yes, sir. M\\ Stanton. He was paid, in the aggregate, $5,000. Mr. Cluss. 1 have a couple of more references, but what I have read are enough. I just waut to show what Cliristians these gentlemen are who have branded me as a perjurer throughout the country. By Mr. Mattingly : Q. Did not you certify on the voucher for that certificate, that that was certainly curb ? — A. I do not know. Bring me the voucher and then I will show it to you. Q. Don't vou recollect von did f — A. I do not recollect. Q. Will you Mr. Wilson. Mr. Mattingly, I believe I have the witness; I was going to examine him myself. Mr. MattinCtLY. This is a voluntary statement, as I understand, made by him of his own motion. The Witness. I believe the curb is one of those vouchers that Mr. Forsyth has passed, you know. I do not think that, to the best of my recollection and belief, you know . I do not want to retaliate. I have six children and a wife, aud I do not like to be branded as a perjurer by gentlemen whom I do not consider as Christians. I am sat- isfied. By Mr. Wilson : Q. I understood you to say the other day that you had seen Senator Morrill in regard to the manner in which the board of public works, or the business of the board of public works, was being carried on some- thing like a year ago. State whether or not you made any suggestions TESTIMONY OF ADOLF CLUSS. 2371 to liiiu with reforonce to your resi<;nin,n- your position. — A. I spoke to Senator Moriill of the iriej;iihir way in which this hoard business was done. I do not know as I have ui)on this stand chari^cd any fraud, but I charged inat-euracy — want of punctuality in the diifcreut movements of the board. This I suggested to Senator Morrill — whether it was a suf- ficient reason for me to resign. The Senator told me to try and get along- as long as I could — to do the best that 1 could. Yesterday after- noon I took an oi)i)ortunity to ask the Senator whether this was so. He said, "Yes; you have not charged any fraud, you know; but you said that you felt uncomfortable from the way the Itnsiness was being- done." I then requested the Senator to be kind enough to state to the chairuian of the cummittee the fact. I do not know whether he has done so or not. By ^Ir. ITuEBELL : Q. Did you inform the President, who api)()inted you, that you were not satisfied with the way things ^^ere going- on f — A. There was not sufficient reason. Q. I ask you if you did. — A. 1 did not. If there had been fraud, of course I would have felt it mv duty to have informed the President, but about a mere matter of the manner of transacting- business, I did not think it would be well to bore Senators and Congressmen; but, at the same time, if of their own volition they inaugurate such an investiga- tion as this, I feel it a solemn duty not to shrink from the solemn responsibility, and then feel dis{)Osed to say what I have said. 1 have done it, and I have satislied my conscience. 1 am willing- to take the cons('quences. Mr. HuBHELL. I am not talking with you about cousexpiences. I asked you a simple question, and now that you have answered, I am satistied. I do not care about your entering- upon a vindication of your motives to me. I asked a simi)le question, and you answered ; that ought to be sufficient. By :Mr. ^YILSON : Q. Y^ou spoke formerly about the records of the board of public works, and have spoken about the irregular manner in which the busi- ness of the board has been done. !Xow look at the record, and say whether the entries in that record indicate regular board meetings, or whether they indicate something that was done when there was no regular board meetings, and of which you had no knowledge. — A. These entries do not certainly indicate board meetings, as far as I understand them. November 21, November 22, November 24, November 25, 20, 2.S, there seem to be daily entries, and I am positive about it tliat I was not in- formed that such meetings were held. In thatrespe(;t I might, i)erha[)s, enlighten the committee a little, since we are talking about these meet- ings. ^Ir. dohiison, they said, has stated tliat fre(piently theie was a majoiity of tiiree. How that is I can very easily understand. I7p to the 1st of January the vice-presidenr had not even a room for himself. He occupied a little desk in the clerk's room, but when, since danuai-y this year, I persisted in Inning some weekly board nu'ctings, then a little room was set apart where we had meetings. Before that, e\er since Dr. Blake was appointed, he was active; ex'er since he resigned in the bank, he came every day. Mi-. Willard would be there, and Mr. Blake, and Mr. Magruder, who occnpi<'s the next room, ha])pened to (lro[) in, there would be a majority, and tlu^ board meeting was held. Yon spoke yesterday in your formal examination about Mr. Oertly being desig- nated by the vice-president to nmke measurements on which moneys 2372 AFFAIRS IN THE DISTRICT OF COLUMBIA. were paid. Now, I called on Mr. Magruder for some vouchers to-day, and he hands me some, of which this is one. Q. See if that is a specimen of what yon have been talking aboat. The Witness. This is one of those vouchers. Q. Wbat is that f — A. That is the second of the series of three vouch- ers. The first bears date July 2, 1873. It is marked informal. 1 have to correct former testimony. I am not positive whether this informality was there when I first saw that voucher. Now the second voucher is this voucher — $190,000. Ah, excuse me, that is C. E. Evans & Co. This is a voucher I don't know anything at all of; I believe it was the second voucher of John O. Evans ; it bears about the same date ; this is something I saw the first time. Q. Just read what you have there. Washington, D. C, July 30, 1873. Mr. Oertly : Please make an estimate of what is due Evans Concrete Company, reserving enough to secure the board. A. R. SHEPHERD, r. P. B. P. W., D. C, TTasMngton, D. C., July 29, 1S73. Hon A. B. Shepherd, Enq., Fice-Pres't B. P. W. : Sir : I find the following amounts of work have been performed hy C. E. Evaus & Co., since and in addition to the work embraced in schedule dated December 23, 1872, viz : Total, §71,175.75. • Resp'y, B. OERTLY, B'y Eng. James A Magruder recalled. By Mr. Wilson : Question. Just in that connection, Mr. Magruder, I will ask you if you paid money on that voucher, — Answer. I cannot tell you, sir. I can tell you by going over my certificates, [examining voucher.] Yes, sir, that is paid ; receipted. Q. Now, give me that, if you please, a minute. — A. This paper that is handed to Mr. Class a moment ago bears date July 30, 1873, does it not! Mr. Wilson. Yes, sir. Q. What amount of measurement has Mr. Oertly made? — A. 71,- 175.75. Q. On how many different streets ? — A. Nine different streets. Q. That is what you call a schedule on which you make payments ? — A. Yes, sir. Q. Now, on the 30th day of July, 1873, was there a certificate issued for that amount of money ? — A. No, sir, for $25,000. Q. That certificate was issued on that measurement "l — A. Yes, sir. Q. And that measurement was requested to be made on the same day that that certificate was issued ? — A. Yes, sir. Q. When did you i)ay it? — A. It seems to me here the measurement don't bear date of that measurement ; bears date July 29, and this the 30th. Q. That is not a very regular way of doing business ? — A. That is a very singular thing. This must have been made out before, or that date might have been wrong. TESTIMONY OF ADOLF CLUSS. 2373 Q. You think the goveruor might havo put in tho wrong date ? — A. Yes, sir; from the fact that measurement is dated July 29. Q. AVliat do you tind on the back of that i — A. " Mr. Johnson, direct the auditor to pay $25,0(K) on this, and see Mr. Clephane, and Mr. Ma- grudt^', and ask him to attend to it and give certificates." Tliat is July 30. That is very pro])er on that, lint this note, if that is what he meaut — that belongs to this — this note ought to luive been dated, prob- ably, before it is. 1 do not understand why dated 30th when the nu^asure- meut was already made out. Q. Whose nan'ie is it on that?— A. A. R. Shepherd, July ,30, 1873. Q. That is pretty quick work ? — A. I sui)pose he could nuUce those measurements, probably, from data in the ofiice. I have seen Mr. Cluss make them from the map. Mr, Wilson. That may be. 1 am not asking whether he did or not. By Mr. Hubbell : Q. Did this pay all that was due ?— A. No, sir ; $25,000 on $71,000 measurement. Mr. Hubbell. That is all. By Mr. Stewart : Q. It is not yet paid in full ? — A. He is not paid in full.j Mr. Cluss. It will take the balance due him to repair his streets, ■which are entirely out of order. Mr. MaCtRUDER. I believe you were asked to find out what it would take before we agreed to obligate ourselves to pay him any more money. Q. You kept back enough money? — A. Yes, sir. Mr. Stewart. That is all right.*^ Mr. Cluss recalled. By Mr. Wilson : Question. I understand you to say that here is another of those same irregular voucliers. On the 2d of Septcnd)er, 1S73, Albert Gleasou asks for a measurement. Look at that paper and see what it is. Shall I read it '? — Answer. Yes, sir. [Witness proceeding to read, tho chairman stated that there was no necessity for his reading that voucher, as it was already in evidence on page 2130 of the record. Q. That is the kind of vouchers of which you say you have s})okeu as being an irregular mode of doing business? — A. Yes, sir; and I have referred to. Q. In other words, your complaint has been this: that the vice-presi- dent wouhl direct some subordinate of your ofllice to go and nudce meas- urements, on which money would be i>aid! — A. Yes, sir. Q. Or certificates be issued? — A. Yes, sir. Q. Without going regularly through your ofiice? — A. Yes, sir. And this is the first I ever saw as to how the money was i>aid to Gleasou for lilling up the canal. This is the first I knew of it. Before passing from that vouc'hei-, since that voucher is just in your hands, I would like to itnpress you more earnesfly with my serious doubt about its regularity. In that same xoucher there is — and I found ^lary- land avenue, fronj Thirteenth to Fourteenth street, filling — Mr. Oertiy measured 1,074,41.">; and again, Maryland avenue, from Seventh to Eleventh street, gratling an(l haul to canal, 4~)S,2()0. ()u page 103 of these so-called minutes tho chief engineer was directed to cancel con- 2374 AFFAIRS IN THE DISTRICT OF COLUMBIA. tract No. 800, of James Alma, and prepare a contract with ^h\ Albert Gleasou for grading and setting curbs, and so on, between Marjiand avenue and Long bridge, southwest, with blue rock, which will be fur- nished by the board, to be applied for within thirty-five days. Now, gentlemen, here was a contractor who took off the crust of the road and left it there during the winter, instead of doing it in thirty-five days. He had the money in his pocket for doing the work, which was not done. He left the street in a miserable condition, and so it is to this day. In the same voucher there is another one. This case is disposed of. In that voucher your competent and faithful engineer, Mr. Blickens- derfer, has here again found in this high-priced work of Gleason at Seventh and F streets. Now, he finds that excavation cost about 8200 a yard. Now, in this very voucher, without my knowing of it, and without the price being fixed for Mr. (&leason for doing this work, I find, without my knowing of it, the work on street from Sixth to Ninth, and from Seventh, E, and G, $50,121.00. Looking this matter np, I found afterward that he had just paid the pay-rolls on the days' work. Q. Where is that voucher to which you refer? — A. I refer to this Glea- son voucher which is here in evidence. Now, when this final voucher was made for this work np there, nothing remained for me but to pay the $1,000 in addition to this, the whole of which was in his pocket already, or at least went already to the auditor's to be put in his pocket; whether in whole or in part, I do not know. He said : " I had to pay my hands in cash, and you pay me in all sorts of paper." So when he came to me I could not do less than allow him fifteen per centum on these paj-rolls, which have been paid for in this voucher, and this settlement was made. That is the whole responsibility I had for the extreme cost of this work on Seventh and F streets. I have done. By the Chairman : Q. Did you sign a final voucher for that ? — A. Yes, sir. The money was already handed over. All that remained for me to do was to sign the pay-rolls. Q. Did you not pay him more than that ! — A. I paid him one thous- and dollars in addition to that. I paid him according to the pay- rolls, which I assumed to be correct. He had to swear to them as being correct. He claimed that he paid his men in cash, and wanted 15 per cent, additional, having to take paper which was 25 to 30 per cent, be- low par. I did not see how he could do his work honestly, pay his men in cash, and take paper which was at so gr^at a percentage below par. Q. I see on that voucher he only received 800,000 at the time. — A. But you must see that in this voucher is included the payment of another voucher. Q. I understand it now. By Mr. Wilson : Q. Look at page 2129 in your testimony, and you will find the meas- urement made there by Mr. Oertly for Albert Gleason, 814,823 : now, uas there any part of that work that was not done at that time ? — A. I could not say. Q. Is there any explanation that you desire to give in regard to any portion of that work ? — A. I have said before, that this east and south- west from Tenth to Thirteenth street grading and hauling to the canal, 817,705.25 — this work was done without grades being given by the en- gineer, and, iu fact, after the work was done, they dug a hole which I have invited you to look at, which cost us some thousand dollars to fiU up. TESTIMONY OF ADOLF CLUSS. 2375 Q. Tlint I undorstand; I do not care anythinjj about tliat. — A. Iliave given this explanation of F street north and Seventh and G streets ; that is what I had reference to. I had furtlier reference to this Mary- laud avenue, where 85,000 — so much given for Just tearing up the street and leaving it afterward. Q. Are there any matters in any of these vouchers that have been brought out in your testimony with reference to which you wish to make any explanation '? — A. Xo, sir ; I just wanted to impress more earnestly the irregularity upon you and the impossibility for the engi- neer to do his duty under such circumstances. Q. That work on Maryland avenue, between Thirteenth and Fourteenth streets, aiul from Seventh to l^^leventh, grading and hanliug to the canal, was that work done at that tiiiu», do you know? — A. I do not think, by looking at this now, the engineers gave any grades there, and indeed I am not positive whether there are any cross-sections there since he stopped all at once — by the time 1 noticed that the whole thing was in a bad state. For sure that filling ouglit to have been paid. It was certainly wrong to the citizens of Maryland avenue; for between Seventh and Ninth streets some grading was done, and then again the earth was not taken away for filling on Twelfth street, but instead of that it was hauled to the canal. Q. Have you the papers in reference to this flagging matter ? — A. I have received these papers a little while ago, but they are not in full yet. I noticed on Jaiuiary, I believe, the 24th, about 822,000 have been paid to Mr. John O. Evans for flagging, and I have not been furnished ■with any data showing me evidence of the order under which it was done, and under what agreement, and I desire to have these transac- tions in full. There is nothing at all ; but the first thing I see here is a voucher for twenty-two odd hundred dollars on two dirterent days after the appropriation of one million was realized, and nothing previous to show how this man comes to furnish any such flagging. The vouchers are in, but the transaction is not complete. I have seen various irregularities in the few minutes afforded me to examine them. I have noticed, for instance, that Thomas P. Morgan was I)aid 81.24 per square foot for flagging — for rough flagging, as rough as you can find anywhere. It is in that little sijuare opi)ositQ Seventh street, or rather on Seventh street oi)posite Mount Vernon Scjuaie — mind you, on Mount Vernon S(|uare — where Mr. Morgan was pushed ofl' and Mr. Evans was pushed in to lay that flagging. Then he was given the little reservation just across tiie street. He laid, to the best of my recolleetion, about 10,000 feet of flagging, for which he was i)aid 812,400, instead of, at the highest rate, 8^,500. In the few minutes aflbrdcd to me to look over these i)apers, I request the committee, if the nu'cting is to close to-day, that I be allowed to make a report in writing, and furnish it to the committee for a record of the whole transaction. Q. Now, ^Ir. Cluss, at a fornu^r part of your investigation there was some discussion here in regar(l to the grading of i>rivate lots. State how they came to be graded; who was responsil)le for it, and what connection yon had in regard to it. — A. If the committee ask me, according to my nmxijn, I shall answer. Here is in that very voucher, square 212, grading and hauling to the (sanal, 810,000. This is for the charge for grading of tiiose lots belonging — I do not remember to whom — but just a few lots west of Senatoi- Uayard's and Senator Edmunds's. It was done to reconcile the property luddeis :inil to indem- nify them for change of grade. 1 tliinU .ludgc \VyHe is the owner. Q. Do you know of any other cases in which pii\ate jactjicrly lias been traded ? 2376 AFFAIES IN THE DISTKICT OF COLUMBIA. By Mr. Mattingly : Q. Where was thatf — A. It is ou Massachusetts avenue, between Fourteeutli and Fifteenth, where the board of pubbc works injured the property, and then afterward, in order to pacify the indignant property- hoklers, tbey had to do this as a matter of justice to them. Q. Do you know of any other private property being graded down? — A. If my eyes had not happened to have fallen upon this very item here, 1 would not have remembered this one. I think there have been others, but I cannot recollect them just now. Q, Do you know of any cases in which earth was taken off private property for the purpose of filling up lots f — A. I was speaking just now of cutting down private lots. Q. I am speaking of where they took earth fi"om public lots and filled up private lots with it. — A. No, sir ; this I do not know anything about. If it has been done, it has been done without my knowledge ; that is, to the best of my knowledge and belief. I might be mistaken. The Chairman. Gentlemen, we expect to close this case to-morrow. We will sit to-morrow till we close the testimony finally. We hope every gentleman Tvill come here to-morrow with this in view, so that any little matters you may have omitted you will put in to-morrow. The committee then adjourned till 10 o'clock to-morrow morning. Wednesday, May 27, 1874. The committee met at 10 a. m., pursuant to adjournment. GeoeCtE H. Williams, Attorney-General, having been duly sworn, testified as follows : By the Chairmam : Question. Mr. Attorney-General, there was some question that I believe you wanted to explain to the committee relating to some grading in the neighborhood of your house. Please to go on in your own way, and make sacrh a statement as you wish. — Answer. Mr. Chairman, I am ad- vised that an attempt has been made to make it appear that Messrs. liiley and Clark graded my property at public expense, and I desire to make a brief statement upon that subject. My house is situated on lots 8 and 9 of block 159 of this city. Prior to the construction of the house Mr. Riley did no work at all upon those lots. Subsequently he made api)lication to take the gravel from these lots in the rear of the house, which he Avas permitted to do as a matter of favor, and with the under- standing that he should level down the lots so as to fill up the holes made in digging out the gravel. He accordingly took out of the lots a large amount of gravel, digging deep holes in the lots for that purpose, and then removed dirt from the other i)arts of the lots so as to fill up the holes thus made. Several persons applied for the same privilege, and it was given to Eiley as an act of favor. This is all the grading he ever did upon those lots inside of the streets and alleys — the streets and alley bound- aries — and I say emphatically that he is not, and never was, entitled to receive from anybody one cent for this work, for it was done with the express understanding that he should have that gravel, and for it should level down the lots. I understood the gravel to be worth at the time about 25 cents per load. TESTIMONY OF GEOKGE H. WILLIAMS. 2377 Ou the west side of Connecticut avenue there are several lots tbat were 8 or 10 feet below the street, and in which there was stag-nant water for the greater part of the time. Tiiese were \n\hVut nuisances. Eiley was anxious to o.se tliis to be the letter that was written by Mrs. Wil- liams, at the instance of liiley. 2378 AFFAIRS IN THE DISTRICT OF COLUMBIA. By tlie Chairman : Q. Do you wish to put that iu as part of your statement "? — A. She writes to Governor Shepherd in the first place, in reference to supplying the street with gas, and then adds : I hope not to be obliged to trouble you agaiu for some time. The bigli ground lying next our lot needs lowering some, and as tliere are in the vicinity several lots to be filled, I should be glad if the dirt for that jiurpose could be taken from our laud, as it is the nearest point for obtaining soil. Accept my thanks for past favors, and believe me, with high esteem, most faithfully your friend. By Mr. STEWART : Q. That was the letter to which you referred ? — A. That was the let- ter to which I referred. By the Chairman : Q. Have you stated all that you desire! — A. I have stated all that I care to state upon that subject. Mr. Wilson. I do not wish to ask you any questions. There are some documents here of the board of public works in reference to the same subject, which do not affect you at all ; but, in order that there may be a complete understanding of the whole matter, I think it advisable to put them all iu evidence. The indorsement on the back of that letter is this : " Mr. Johnson : See that these things are attended to ; call special attention. A. R. S." That letter bears date the 7th of October, 1873. On the back of it is this : " Respectfully referred to Col. Clement Hill, general inspector, who will please attend to these matters at once." This was on the 8th of October. " By order of the board : Edward Johnson, assistant secre- tary." Then, " October 15, 1873. I have to report that the gas company have placed the gas up to her house. Messrs. Riley & Clark have com- menced to do the grading that Mrs. Williams requested done, and I will see it completed to her satisfaction. " Very respectfully, "CLEMENT HILL, " General Inspector. ^^ Then on the 14th of October, 1873, which is the day before Hill makes this report, occurs this : Board of Public Works, District of Columbia, Washington, Octoher 14, 1873. Gentlemen : You are hereby requested to grade and fix the property of Attorney- General Williams to the satisfaction of Mrs. Williams. This work must be commenced at once, and finished without delay. By order of the board. Very respectfully, CLEMENT HILL, General Inspector. Messrs. Riley & Clark. TESTIMONY OF GEORGE H. AYILLIAMS. 2379 The next dociinieiit that appears here, in order, is tlie following: A. Washixgton, D. C, Sepiemher 4, 1873. Board ofpithlic works, District of Colnmhia, io Rileij cf Clark, J)r. To 236 cubic yards of filliug on premises Xo. 1129, belouging to Mis. Annie Connor $70 80 To 297 cubic yards of filling on premises No. 1127, belonging to Mrs. Serena Bowman 89 10 Total amount 159 90 Total cubic yards, 533, at 30 cents per cubic yard. I hereby certify that I have measured the above work performed by Riley & Clark under my supervision, and by order of the board, and find their account correct. The haul of this earth was 700 feet. L. G. CLOSE, Street Superintendent, Eighteenth Street. [Indorsement.] The within work was done by order of the board to fill in front and rear of the two houses raised. CHAS. W. CUNNINGHAM, Inspector. Also : B. Washington, D. C, October 4, 1873. Board of public rvorks. District of Columbia, to Riley ^- Clark, Dr. To filling lots condemned by the board of health, situated in square IGl, be- tween Eighteenth street and Connecticut avenue, 2,642 cubic yards, at 30 cents §793 60 I certify that the above measurement was made by me ; that the work was per- formed under my supervision, and by order of the board. Very respectfully, L. G. CLOSE, Street Superintendent of Eighteenth and N Streets. October 4, 1873. N. B. — This haul was made from Attorney-General Williams's premises, say 700 feet distance. L. G. C. [Indorsement.] The within bill is correct. I was ordered by Mr. Shepherd to get rid of the dirt from Mr. William.s'.s lot. As this was a near haul, and condemned by the board of health, I had it filled. Dr. .J. B. Blake is the agent for lots filled. CHAS. W. CUNNINGHAM, Inspector. Also : C. ExECUTivK Office, District of Columiua, Washington, December 18, 1873. Dkai: Sri: : Tlie governor directs me to request you to have the work done by Riley & Clark around Geiujral Williams's property measured, &c., so that a settlement can be effected at once. Very respectfullj', WM. TINDALL, Secretary to Governor. Hon. IIkn'ry A. Wn.r.Aia), Vice-President Board of Public JJ'orks. 2380 AFFAIRS IN THE DISTEICT OF COLUMBIA. [Indorsement.] Board of Public Works, District of Columbia, WasMngion, 12, 19, 1873. Respectfully referred to the eugiueer in charge. By order of the board. FRANK T. HOWE, Respectfully returned for file. Chief Clerk. A. CLUSS. 6, 1, 1874. Account transmitted with 13,850, board of public works, 1873, vol. 5. File. Also: D. Board of Public Works, District of Columbia, Washington, December 20, 1873. To the Hon. Board of Public Works, Washington, D. C: Gentlemen : His excellency Governor Shepherd verbally directed uie, early in Octo- ber last, to see Mrs. Attorney-General Williams, and have her premises put in order to suit her taste. To accomplish this, I tried four contractors, and Messrs. Riley & Clark were the only ones willing to undertake it, which I directed them to do as instructed by a written order from the board, No. 9962, vol. 4. My impression is that the improvement of her immediate residence was only contemplated by all parties. Very respectfully, &c., CLEMENT HILL, General Inspector. [Indorsement.] Board of Public Works, District op Columbia, Washington, Decemher 22, 1873. Respectfully referred to the engineer in charge. By order of the board : FRANK F. HOWE, Chief Clerk. Respectfully returned for file. 6, 1, '74. Accounts transmitted with 13,850, board of public works, vol. 5, 1873. A. CLUSS. Also : E. Attorney's Office, Distiiict op Columbia, Washington, October 27, 1873. Sir: It appears that Riley & Clark have filled lots condemned by the board of health, and that they presented to the board of public works bills for the amount claimed to be due them. I have heretofore, on several occasions, furnished opinions to the efl'ect that the board of health and the bo^rd of public works are entirely distinct, and in no respect liable for the acts or obligations of one another. Of the correctness of this opinion there cannot, I think, be any doubt. I have, also, in several communications, stated that the powers of the board of public works (ex- cept as they may be enlarged by acts of the legislature) are confined to the streets, ave- nues, alleys, and sewers. Filling of lots is, therefore, no part of the legal duty of the board. The bill of Riley & Clark, as presented, cannot, then, be paid by the board, nor can the board charge the amount against the lots filled, for it is not authorized to fill lots which the board of health may regard as nuisances. The form in which the bill is made out, however, is inconsistent with the statements of Inspector Cunningham in- dorsed on it, as well as with the indorsement in your office. Mr. Cunningham states, in indorsement, that the filling was ordered by Mr. Shepherd, and the dirt hauled away from a lot of Attorney-General Williams, between Eighteenth and N streets, and then adds the statement that, the lot being condemned by the board of health, he had it filled, and afterward that the work was done by order of the board of public works, to fill up in front and rear of two houses raised by it. TESTIMONY OF W. L. RILEY. 2381 I cannot reconcile these statements or arrive at any correct conclnsioii as to the an- thority by which the work was done. If tiie liaiilinlill to Riley & Clark, and is not upon our records. The au- thority under which it was done is i)robably an indorsement upou the paper which you readjust preceding it. Q. Is there anything upou the minutes of the board showing any- thing about this transaction ? — A. I did not examiue further than that. Mr. Wilson. See if you can find any records here in regard to it. It is stated to be by order of the board. [Pending the witness's search for the order for this document,] W. L. KiLEY was recalled. By the Chairman : Q. You tilled up these lots of which Dr. Blake is the agent ? — A. Yes, sir. Q. And you put in a bill for it ; do you remember the amount of it ? — A. It was 81,150.05. Q. Here is a bill for $793; what is that?— A. That was Dr. Blake's lot and these two women's lots ; ma^'be they nuide out a separate bill, but they [»aid me all together. (^. The bill is, '"The board of i)ublic works of the District of Columbia to Kiley & (Mark, Dr. For tilling lots condemned by order of the board of health, >f7!)3.()0."— A. 1 think that is the lot that Dv. Blake was agent for, and the others were put together. By Mr. Stewart : Q, Was that the lot Dr. Blake was then acting as agent for f — A. Yes, sir; it must be this way: The three lots were all measured together, and it came to 81,150.95. It is one bill. AVe never put in but one bill. By the Chairman : Q. This was all for tilling those lots ? — A. Yes, sir; 81,150.95 was for filling those. 2382 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. What was the price 5 30 cents? — A. 30 cents for the filling. Q. How much for the haul ; did you get anything for the haul? — A. Yes, sir; we got 700 feet — no, there was 700 feet haul, and we got 6J cents — 700 feet haul and 200 feet off. We got 500 feet at a cent and a quarter, making 6| cents. Q. Where did yon get this dirt ? — A. The dirt came, most of it, from the English minister's cellar, and a portion from Mr. IngersoU's lot, op- posite the Sumner school-building. He gave us permission to get the gravel and stuff, and we had to take the dirt off the top. Some little dirt may have come from in front of Attorney-General Williams's. When they were fixing the pavement for concrete or artificial pavement, I hauled some dirt from there. Q. Into this lot? — A. Into that lot, yes, sir ; but no dirt came from Attorney-General Williams's place to go into that lot ; that came out of that order Q. Bnt here is a bill for $793.60. — A. Most of that came from the English minister's cellar. Q. It reads : " I certify that the above measurement was made by me; that the work was performed under my supervision and by the order of the board. L. G. Close." Do you know him ? — A. Yes, sir. Q. " This haul was made from Attorney-General Williams's premises, 750 feet distant ?" — A. He added that to it, but that was not the dis- tance of the haul ; it was farther, and he asked me how we would come at it ; I said, ^'Jnst make it from where the dirt came in front of the Attorney-General's." The other was a hundred feet farther; and he supposed the other was farther. It was a thonsand feet from our place up to the English minister's from that cellar. Q. Then this statement is incorrect; this dirt did not come from Attorney-General Williams's at all ? — A. ISTo, sir ; none of it hardly ; very little. As I told you, a little of it in front did. Q. Do you say that this was charged to Rhode Island avenue ? — A. Yes, sir. Q. How do you know ? — A. It was written on the certificate. Q. On this certificate? — A. No, sir; on the certificate that I got; I got certificates. By Mr. STEWART : Q. Have you those certificates with you ! — A. No, sir ; the report of 1873 will show it. Mr. Christy. It is in evidence there. The Witness. You can see it in the report. The certificate was charged to Khode Island avenne, and after the report came out I hunted it up, and it shows in the report that it was charged on Rhode Island avenue, between Seventh street and New Jersey avenue. It is on the certificate where the work was done. Mr. Mattingly. That was in evidence before, w^hen you were on the stand. The Chairman. Exactly, but I am asking again about it. [To the wit- ness:] I am trying to find out now, sir, what connection all this had with Attorney-General Williams's property. — A. Well, Attorney-General Wil- liams's property — this work was done in August, and the Attorney-Gen- eral's order never was in for work until the 14th of October. It does not attach to this at all ; it has no relation to this at all. It was given on the 14th of October, and I went to work on the morning of the 15th. This work was done in August. Q. Let me see if I understand you. What did you do on the morning TESTIMONY OF W. L. RILEY. 2383 of the 15tli ? — A. I weut to work at Attorney-Goneral Willianis's place gradiii*;' down bis yard ; tlieu grading tlie lot and cntting the alley up through the square — up through Sijuare 159, 1 think. A portion of that dirt went into square 1-tO, and a portion I sent to B and Seventeenth streets. Q. AVhere is square 140 ? — A. It is a square or two to the left of that. Q. One of those lots to be filled ? — A. Yes, sir. There was some to be filled up, and most of the dirt went into an alley. There was au alley to be filled up in this place. A big "T" alley went into square 140."^ By Mr. Stewart : Q. Was it a public alley ? — A. O, yes, sir. There was a very large alley that goes through it ; an alley, if I mistake not, that is to be paved; a G foot pavement one way, so 1 have been informed. It is a 30-foot alley. By the Chairman : Q. Where did the rest of the dirt go to ? — A. I sent — I think the carts were running from three to four days. I had 18 or 20 carts running. Mr. Clark was filling at that time at the corner of Seventeenth and B streets — way down at the canal, nearly three-fourths of a mile haul — and he asked me if I could assist him in giving him some dirt } that he would not have enough from N street to finish, I did so, and 1 never got any- thing for that haul. I think it is a thousand feet. Q. Have you made out a bill for this work of which you speak now I — A. They sent the engineer up and measured it when the work was done, and paid me a portion of it. It is there; I think I gave it toyou. Q. A bill for this work 'I — A. Yes, sir ; I have a little memorandum here showing what 1 was paid on it, and what the \vhole thing cost. i}. AVait a moment and let me see if 1 can understand it. This is " Washington, 1). C, March 26, 1874, board of public works. District of Columbia, to Riley and Clark, debtor." This is a very late bill. Who made it out ? — A. 1 had that made out myself since the committee sat. Q. ^\'ho made it out for you? — A. Mr. Thompson, I believe; Dr. Thompson. You have the order for the work there, haven't you ? I gave it to you with the papers. By Mr. Wilson : Q. That order that w'as made by Hill? The Witness. Yes, sir. Mr. Wilson. Yes; that has been read. The Witness. I just had it made to show what 1 had been paid, and what was coming to me. By the Chairman : Q. Wait a moment ; 1 want to get at this, if 1 can. You have charged in this bill 9,487 yards of grading, at 30 cents a yard. Where did that dirt go .' — A. Into sipiare 140 and to Seventeenth and B streets. Q. You have charged 9,487 yards of haul, at 12.;^ cents a yard ? — A. Yjes, sir; they allowed me a thousand feet haul ; but the dirt I sent to B street was near three-fourths of a mde, but I never claimed anything, and let it go in with the other. When I went to do this work I asked Mr. Hill if he had any place designated for me to deposit this dirt. "Damn the dirt," he says; " put it wherever you please; make it the shortest haul you can get." S(]uare 140 was the shortest ; ami when I sent the other down to B and Seventeenth streets, I didn't claim any haul 2384 AFFAIRS IN THE DISTRICT OF COLUMBIA. for it, because I thought they would say I wauted to make as long a haul as I could. Q, Had you a contract for filling square 140? — A. No, sir; uo con- tract at all. There were some parties there that had some lots that they wanted filled, and all 1 have charged them for it was — I have to tear down a back building and take the lumber and lay it up for them, and then take down their yard-fences, wood and coal sheds, and privies, and all such things as that, and furnish the men there, and shove the dirt in under the houses — I do not think any man paid me over $60. It would not amount to paying for tearing down the buildings, and the men for fixing the dirt in there. Q. I see here that $86.70 of this was charged to Rhode Island avenue. Why was that! — A. It was given to me in fiv^e different certificates. There was one certificate— — ~ Q. Just answer my question. — A. That is the only way I can explain it to you. Q. "^Well, I want you to explain it ; $86.70 of this was charged to Ehode Island avenue. — A. Yes, sir. Q. Was that because some dirt was put upon Ehode Island avenue ? — A. None of it at all. It was all done clear inside of the pavement. I did the terracing right up in front. Q. 1 am asking you where this dirt went to ; did any of it go into Ehode Island avenue ? — A. No, sir ; it all went to where I have told you — square 140, and Seventeenth and B streets. Q. Then there is $353.10 charged to alley in square 159. — A. That is all right, sir. Q. Did any of the dirt go in there ? — A. No, sir ; it came out of that ; I cut that alley. Q. One thousand seven hundred dollars is charged to square 140. — A. That is right. Q. You filled that? — A. Yes, sir ; the larger portion of that dirt went in that alley in square 140, which it needed ; it needed a good deal more for it; there was dirt enough there to fill the whole thing; I had to stop; there was a good deal of grumbling among the neighbors; there was a good deal of dirt there ; the alley was very badly needed. Q. Then uo part of yours went into Dr. Blake's lot? — A. No, sir; it was that filled along in the latter part of August. By Mr. Stewart : Q. There is $1,892.17 not paid? — A. Yes, sir; the governor refused to pay me. Q. What did you do at Attorney-General Williams's, outside of this lot; you graded an alley ? — A. Yes, sir; I graded an alley, and took his yard all down. Q. You graded the alley? — A. Yes, sir, and graded the yard. Q. How much was there in that alley f — A. Indeed I don't know. Mr. Franklin measured it altogether. Q. That was a public alley? — A. Yes, sir ; that is, he measured, sir; but he made the bill out altogether. I don't know how much there was in the alley. Q. Then you terraced the front? — A. Yes, sir. Q. The street was a good deal below the house, wasn't it ? — A. The street is still below the house 8 feet. Q. So that the street was actually below the house ? — A. Yes, sir. Q. You terraced the front? — A. Yes, sir; there was a bank of gravel so high, [indicating.] I took that off" and hauled soil and put there. I TESTIMONY OF AV. L. RILEY. 2385 fluinped the gravel into sijuiire 110; it wa.s this red gravel, loam, of no belied t. Q. That was in a street, that terrace? — A. It was clear inside of the pavement. Q. Was it in the street, or iu on the jirivate property ? — A. On the l^rivate property, but in front of the bnihling-line. Q. Was it inside or outside of the. biiikling-line .' — A. It was between the building-line and the jiavement. Q. Between the bail ling-line of the street and the pavement ? — A. The building-line where the house sets on. The house sets back, I think, of the building-line; any way, it was between the house and the pavement. Q. The board of public works have been parking, have they not ? — A, Xo, sir. Q. In different places over the city ? — A. O, yes, sir; in some places. Q. Between the sidewalks and buiUling-line '? — A. Yes, sir ; frequently. But that is not the case there. Her terrace comes right out to it. She is not going to have her iilace cut in at all. Q. But, instead of cutting it down, as they do in many places, grading it ott' on a level with the street; this was terraced up f — A. It was a great deal above the street, and was cut down. Q. Was it graded with the level of the street! — A. Xo, sir; it was terraced there — First and Second. Q. Then this work iu front, you did not grade it down the street, the full width of the street, but, instead of that, you terraced it down, leav- ing A. Yes; it comes right up around to the building-line ; then there is a flat place and then another terrace. Q The board of public works paid you for this? — A. Yes, sir; that is, they charged -880, and I suppose that is just what that is for. There were five certificates given. Q. You had no difficulty with the board of public works, then, so far as this alley was concerned, and this terracing in front of the i)roperty ? — .V. 1 do not know how they designate that. They measurfed it all together. Q. Have you got your pay for that? — A. I got a portion of the pay for the work. Q. Have you got pay enough to cover that ? — A. Xo, sir ; not to cover my work there. Q. That is not what I ask you — that particular part of the work? — A. They j)aid me some 21.000 and some odd hundred dollars. Q. Was the amount of money received enough to cover the terraces and i)aikiiig in front of Attorney-General Williams's ? — I suppose it was. (). Then, you say, you paved a iniblic alley somewhere? — A. Yes, sir. Q. Where was that?— A. That is in scpiare 110. Q. Did you get pay for that ? — A. They charged 81,700 to this. Q. The board allowed you ioi filling that alley? — A. Yes, sir; they charged to the sijuare 110; it don't say alley. It leaves it open to an assessment to every poor )>r(»perty-holder in there. If they had put it to the alley it would be a ditlerent thing. Q. It was proper to be charged to that alley ? — A. Yes, sir ; that is my opinion. They could have said her ])lace as easily as they eould have said square 110, and I think that would have been the impartial Avay of doing it. Q. Then the dirt you hauled down to B street, for what purpose wns that hauled ? — A. ^Ir. Clark was to [>ut the i»avemeiit there and had 150 D C T 2386 AFFAIRS IN THE DISTRICT OF COLUMBIA. the filling to do. He came up to ask, if I could spare the dirt, to let bim have it. His son and he were partners. Q. That went into the contract and the contract was paid for, was it uot ? — A. Ko, sir ; there was no contract. Q, Yon did not get anything for it? — A. No, sir; not any contract ; I did not get anything for it. Q. Mr. Clark had a contract ? — A. I do not know whether he had or not. Q. Was he doing it for nothing? — A. I do not suppose he was. He is not so liberal. Q. Do not you know that he was executing a contract there, and wanted this dirt to help bim carry it out? — A. Bat that was not paying me for it. Mr. Clark was ordered to put the dirt in there just the same as we were doing. He was getting paid for N street. Q. You were getting paid for fill in every instance when you took the dirt away ? — A. No, sir. I took no pay except for a number of yards I took from Attorney-General Williams's place. Not one cent any- where else. Q. Did not you at the time want pay for filling this alley ? The Witness. What alley? Q. In the square you speak of — 140. — A. No, sir ; I never asked pay for it. If they had given me the alley, I should have charged nothing for the other. Q. When you were doing this you supposed they would pay you for the fill ? — A. No, sir ; I went to do Mr. Williams's work, and I expected to be paid for the other. Since 1 have been a boy nine years old I have been an orphan, and have had. to work myself along, and I never met Avith any party that treated me so badly, and deprived my family of my earnings, as I have been done in this case. I do uot see any use of your cross-questioning me about it. Q. There would not have been any difficulty if the board of public works had paid you.for the filling of the alley ? — A. No, sir. They were to \)i\y for the work done in and around Attorney General Williams's l^lace. I asked pay of the board for taking off that hill, and nowhere else at all. Q. Who told you to take the earth down to the fill on B street under Mr. Clark's contract ? — A. I had the privilege from Mr. Hill when I took it tbere. I never claimed any haul, or ever got anything for it. Mr. Clark had the contract for N street, and deposited his earth there. He got nothing for that haul down there. His haul was measured from N street to about Seventh and B. I never got anything, and I never asked anything; but when I was doing this other work, I went to Mr. Shep- herd and told him. I said, "I am in need of a little money." He said, '' Iwill give you a note to the board, and they will make a settlement with you. When you have it measured up, that can be deducted from it.'' He called some man, whom they styled doctor. They all rank from brigadier-generals down to captains, colonels, and so on, there. By Mr. Mattingly : Q. You know Dr. Tiudall, do you not? — A. No, sir; but he was a little man, and was a very clever little fellow. The governor called him and told him to give me a note ; and he gave me a note. He says to me, "Do you understand that?" I says, "No, I do not." He says, "When you go down there just call that off to whoever you give it, and it will be all right." I carried the note to Mr. Johnson and gave it to him. When 1 went to see^Mr. Willard, he said he did not know anything about the work, and would have nothing to do with it. TESTIMONY OF D. C. FORNEY. 2387 A day or two afterwards I called to see the .uovernor ajjain. He said it was ver^' singular, or soiiietliinij" to that amount. That ho would see about it. So 1 went down there and saw ]Mr. Wilhird and asked him if the governor had said anythiui;- to him. He said, "Tiiisis twice you have been runiunj;- to the governor about this work." I said " Yes, and twice more if necessary .■■' So eventually Mr. Class came up and knocked us ott' from the work, and said that it was wrong that the work had ever been done, and there was too much done now, aniJ told me to quit that night. I said I would do so. lie sent an engineer up and nu'asured it. 1 then went to see the governor, and told him about it. He spoke in very emphatic language, and said that the work should m)t be i)aid for while he was governor. He said that Clem. Hill was an idiot if he ever ordered it to be done. Q. AVhat objection had the governor to i)aying for this work '! — A. I do not know. He said lie would not pay for it. I showed him the or- der for it, ami he said he did not care anything about the order. i). It never occurred to you when you were doing tlie work that there could be any possible objection to the board of public works paying for it, did it ? — A. No, sir. I di< 1,81)2.07. Q. How came you to (piit the work ? — A. Mr. Cluss came up and knocked us off from work. That was just about the time they talked about having an investigation up here. Everything went on well up to that time. Mrs. Williams herself told me to go on with the work until tlie board told me to stop. She was perfectly willing to have the whole place taken down. ]). C. Forney sworn. By the Chairman : Q. There was a gentleman by the name of Khinehart here a few days ago, who brought your name somewhat beibre this committee, and I un- 2388 AFFAIRS IN THE DISTEICT OF COLUMBIA. derstaiul yon desire to make some explanation. — A. Yes, sir; I just wish to state, in that part of liis testimony wbere he says 1 shared proiit witli Mr. Brown, lie is mistaken. I never shared any profits, or had any money transaction with S. P. Brown that had any connection with the board of pnblic works. Q. Is there anything else ? — A. No, sir ; that is all I know of. Clement Hill sworn. By the Chairman : Question. Were you superintendent of this work done by Riley & Clark? — Answer. I was, and gave them the contract. Q, State now what you did. — A. I received a communication from the board authorizing- me to introduce gas into the premises of Mrs. Williams as soon as I could, and have such grading on the premises as might be requisite. Xow the word " premises" led me into a mistake. I thought "the premises" included on or about two lots on which her house was built. Acting on that I put this work out. When that work was about being tiuished, a bill for alleys and avenues was sent in by day's labor, or what 1 call '' piece-work." I approved it, but the board rejected it, and sent Mr. Franklin to measure it. The two approximated so nearly that I do not know which was paid, but it was arranged to the entire satisfaction of all parties interested. Then, now here comes my mistake. The work was still continued. At the time I did not know Mrs. Wil- liams owned property above. I see my fault now. I should have gone to work as general inspector to ascertain who was carrying that work on, and by whose authority, and who was to pay for it. That I neg- lected to do ; conse(piently I assume the entire blame from beginning to end. The board of public works have nothing to do with it in any shape or form. All that Mr. Riley says is correct. He and 1 got on very well together. When the work was' stopped the bill was sent in, amounting to the sum he has named. Governor Shepherd refused in the most em- phatic terms to i)ay it, and sent for me. It is unnecessary to repeat what he told me, but what he said to Mr. Riley was, that I was an idiot if I had ordered the w ork. I did not order the work ; conse(iuently, I am not an idiot. Mr. Willard sent for me, and asked me if I had ordered it. I said, "No, that I misunderstood the order." I told him that I should have ascertained who was doing that work, and that I assumed all re- sponsibility for the mistake. He upbraided me as severely as did the governor. Riley and myself were getting along very comfortaWy and quietly together at that time. Q. i do not quite understand yet how you made the mistake. Just repeat how it came that Mr. Riley continued on this w^ork after this period that you speak of.— A. Simply, I think, that when the bill was handed in and paid, I regarded my services as closed; from that time forth I gave it no attention. 1 used to pass there backward and for- ward, and used to talk with Mr. Riley— Mr. Riley still going on with the work until he was stopped by Mr. Class, under order of the board or by Mr. Cluss's own order. You understand, 1 wish to be explicit as I go along. Now, here is where my fault was, and I hold myself re- sponsible for it. I should have ascertained who was doing that w^ork, and notitied the parties that it was not the board of public works. That I did not do, and when the bills were ignored and refused, I was con- siderably alarmed about it. To be very candid, in the first place, I Avished to keep up a good feeling between everybody, Mrs. Williams, the xUtoruey-General, the contractors, myself, and all. That is what I TESTIMONY OF CLEMENT HILL. 2389 was trvinjT for. and then, to be very candid, self controlled all my actions. I tlioii<;lit it |)()ssil)le 1 might be a big loser, and I went to work to en- deavor to manage it, and worked it along, I tiiink, very judicionsly. 1 eoinmenced first with three iinndred apiece — that is tor the two con tractors, Mr. Jiiley and ]Mr. Clark. Mind yon, I never spoke to Mr. Clark except to old Mr. Clark. They offered to compromise; after that. Mr. Iviley bronght snit against the board. 1 went to see Mr. Critten- den, his lawyi'r, and by a statement that Mr. Riley and I made, we agreed to a compromise by i)ayment of .S-~>0, making- >?,">()() apiece. Minil yon, J never saw yiv. Ciark to my knowledge except once, possibly. It was Clark, the elder, with whom I was talking. The transaction was car- ried along- throngh him ; and in this very building- Mr. Riley told me that he would take cheerfully 8l*()I) and (juit the whole thing. He said if he could get -S-JOO, he would then give the whole thing up, and thank God for it. Put him on the stand, and he will not deny it. Q. The board refused to pay that t — A. The board had no more to do Avitli it than you gentlemen. Don't I tell you why I did it ? I was afraid of getting into a lawsuit, and the board ignored it in the most euiphatic manner. Q. Who was to pay the money ? — A. I did think Mrs. Williams would ])ay sonu'; and, to be very candid, if Mrs. Williams had not [)aid, rather than to Imve a lawsuit, I do not know but that I myself would have done it. 1 am telling you God's truth. Self governed me out and out, and good feeling also. Q. Wliy was not the 82^0 i)aid ?— A. I would have paid the 8200 from my own pocket. I could have gotten along very well with Mr. Clark and Mr. Riley both, but when we got up to this 8200 money was very scarce, and actually and truthfully we had not the money to i^ay the 8300. Theti when we came to 82r)0, we had not that, and when we got down to 8200, I would have i)aid mine, and then I thought if I did it might loak a little fishy. I have always borue a gooil character in this community ever since I came into it, and I want to go out of it as 1 canie in. By Mr. Wilson : Q. Do you recognize this letter as being the one you sent to the board of i)ublic works? [Handing witness a letter.] — A. Yes, sir; that is mine. i}. You say in this letter that Governor Shepherd directed you ver- bally to do this work in a way that would suit the taste of ]Mrs. Wil- liams. Is that the fact ? — A. Yes, sir; it is. I may have gone a little farther than (iovernor Shepherd, since, when I am writing about ladies, I go along a little on the fantastic. Q. Tills is the report of your i)roceedings to the board of public works ? — A. Yes, sir. If you go and look over my reports, some of them to Vice-President \Villard, you will find some of them are very funny. Q. I don't see anything- funny about this. — A. 1 don't say Governor Shepherd told me tiuit: — " to suit her taste." (.}. You did say so in this repint to tlu^ board. — A. It may be so that he told me. I think if he did not say that he meant it. (^. You reported it according to your understanding of this order ?— A. Yes, sir. My idea was that the two lots occupied by the house, and not the whole sipiare. 1 think that letter is allconect, with the excej)- tion, perhaps, of what is said there about .Airs. Williams. J>y :Mr. Mattingly : Q. State as to what you understood by the word " premises ; ^ whether 2390 AFFAIRS IN THE DISTRICT OF COLUMBIA. It was the inside of the lot, or the outside, over which the board had terraced. — A, I think it was what the board had terraced outside. If there is any mistake I assume the entire responsibility. Adolf Cluss recalled. By Mr. Wilson : Question. What do you know about this work, that these witnesses have just been speaking of, having been ordered to be done ? — Answer. Well, sir; to the best of my recollection, some time about the middle of November Mr. Riley and Mr. Clark came and brought a bill for days' work done on that square up there ; and I did not know anything of it, and I went out there. I took Mr. Barney out. As soon as we got there we found that this bill of about $1,600 was only a bill up to the 1st of that month, and that already there was another bill of about $1,100, and the work was still going on ; so I told him to stop at once. I sent out an engineer to measure what had been done, so as to be able to come to some conclusion. Mr. Franklin went there, and brought the following statement: "Grading by Riley & Clark on square 159, from alley, 1,177 cubic yards; north of alley, on the lot, 2,826 yards; south of alley, on the lot, 3,160 yards ; terrace on Rhode Island avenue, 289 yards; Attor- ney-General Williams, 2,035 yards ; which make altogether 9,487 yards." Well, I consulted with the members of the board as to what this was, and by and by we found that the order, most likely unguardedly, had been given to Mr. Hill. Under the circumstances, I construed that order that the alleys around Mr. Williams's property should be graded, and so proposed to make out the bills. There seemed to be some difference of opinion about it, and they wanted to do the best they could under the circumstances. So, several weeks afterward, on December 12, I re- ceived the following letter : Board of Public Works, District op Columria, Washington, December 12, 1873. Sir: Yon are requested to propose ,i contract with Messrs. Riley and Clark for tilling alleys in square 14U and for parking Rhode Island avenue, (north side,) between Seven- teenth street and Connecticut avenue. By order of the board. ■ CHAS. S. JOHNSON, Secretary. Hon. Adolf Cluss, Emjincer in Charge. I put in iiencil under it, " This refers to the order of October 14." The letter ^^'as written in order to make the record straight for his work which had previously been done, and a contract was made so as to cover it. Q. Before you proceed further I will ask whether you knew anything about this work being carried on by Messrs. Riley & Clark until the time you went up there as you have said ? — A. That is the first I knew of it. Then on January 5th the following bills were made : " Riley & Clark, Rhode Island avenue." This was for terracing in front of the street line. Q. Was that contract made ? — A. The contract was executed on De- cember 14th, and it hung on until some time in January 5th. These bills were made, one for this terracing, which is nearly in the street line ; and it is a right and proper charge. The second, for 1,117 yards of grading, which was taken out from the alleys in Attorney-General Williams's square, and is again a proper charge. But then, again, in this order of the board, December 14th, I have to fill up alleys, which took, instead TESTIMONY OF ADOLF CLT'SS. 2391 of 1,177 yards, 4,000 yards more; and then this 4,000 yards more, since Messrs. Kiley & Clark had another contract awarded, was to be made; so, of conrse, he had to obtain tliis dirt from private sonrces. And so he was paid for 4,000 yards for this which was done npon the lots. By Mr. Stewart : Q. Filling np that public alley ? — A. Yes, sir ; tliat is that transac- tion. That is all I know of this ; but then we come to another point. I have read here that my name is on sonu? former voucher that refers to the same transaction Q. Before you leave tliat. Then the chariies made out and paid by the board were for terracing Kliode Island avenue within the street hue, and for the alley, and then you also allowed him for tilling this public alley, all of which belongs to the city ? — A. Yes, sir. Q. Those are the items in the bill wliicii were paid ' — A. Yes, sir. Q. And that makes the transaction so far as the bill that was paid is concerned a proper charge against the District governnuMit ! — A. We did the best we could under the circumstances. We thought, perhaps, it was unguai'dedly made. Q. That is as near as you could arrive at it ? — A. Yes, sir. But [ didn't know until 1 read before I was coming here — I did not know that I had already paid from the same lot $1,150.95. The Chairman. That turns out not to be true. I washiboring under the same impression, but I find 1 was mistaken. It was not from this lot at all. The Witness. Y'ou see it is charged on that bill to Rhode Island ave- nue. When this bill came to me I i'ound on it that this work was ordered in part by Mr. ^yillard and in i)art by ^Ir. Shepherd, and so 1 sent Mr. Oertly out when this bill was referred to me, as to where to charge, and Mr. Oertly re[)()rts back Ilhode Island avenue. Khode Island avenue was at that time being graded, and so it is not unnatural if my assistant reports this dirt cauie from Rhode Island avenue.' I could not say it did not come from there. The indorsement is in Mr. Oertly's hand- writing. Q. Now, is that the earth that Mr. Kiley speaks of as having come from the English minister's lot, and being put into these private lots? — A. Yes, sir. Q. Is that the way you account for that being charged to Rhode Island a\'enue? — A. Yes, sir; Rhode Island avenue was at that time cut between Fourteenth and Sixteenth streets. So when my assistant reports that this comes from Rhode Island avenue it was very natural that I should believe it. (). ])o you think he believed it, or did not? — A. I hav cents ]icr loot 2, 2 4 10 Feb. 7. 'J,70:i s<{uare feet of bluestone Hayginjif, at 5.') cents o, IJSli U5 2392 AFFAIRS IN THE DISTRICT OF COLUMBIA. Dec. 29. 57,.581 square feet of blnestone flagging, at .50 cents ,$28, 790 50 Sept. '30. 13,739 square feet of flagging, dressed and laid at Farragut Square, at 60 cents 8,243 40 Sept. 30. 17,490 square feet of flagging, dressed and laid at P-street circle, at 60 cents 10,494 00 Sept. 30. 3,760 square feet of flagging, dressed and laid at reservation west of P-street circle, at 60 cents 2, 2.56 00 Sept. 30. 18,154 square feet of flagging, dressed and laid at Scott statue, at 60 cents 1 10, 892 40 Sept. 30. 23,760 feet furnished, dressed, and laid at Mount Vernon Square, at .$1.24 29,462 40 Sex)t. 30. 18,000 feet smooth flagging, furnished and laid at B street, be- tween Twelfth and Seventeenth streets, at 90 cents 16, 200 00 Sept. 30. 31,997 feet smooth flagging, furnished and laid at Seventh street across mall, at 90 cents 28, 797 30 Sept. 30. 36,780 feet smooth flagging, furnished and laid at Twelfth street across mall, at 90 cents 33, 102 00 Sept. 30. 38,300 feet smooth flagging, furnished and laid at Fourteenth street across mall, at 90 cents 33, 470 00 234,213 85 Deduct 7,754 square feet flagging, furnished by Board for Mount Vernon Square, at 50 cents 3, 877 00 230,336 35 Note. — The above transaction includes Older of December, 1872, 112,.566 square feet flagging furnished $61,296 35 February, 1873, 60,897 square feet flagging, dressed and laid 31,885 80 May, 1«73, 125,077 square feet flagging, furnished and laid 111,569 30 July, 1873, 16, 006 square feet flagging, furnished, dressed, and laid 19, 847 4 4 July, 1873, 7,754 square feet flagging, dressed and laid 5,737 96 Total as above 230,336 85 Vax Bkxjnt & Bro., Siiip-Bhokers and Fkeight-Agents, 75 South Street, Neiv York. Furnished, under orders, the following flagging : July 31, 1873, 68, 132 square feet smooth flagging, at 50 cents $34, 066 00 21, 915 square feet planed flagging, at 75 cents 16, 436 25 90,047 sqnarefeet 50 502 25 Note.— The above flagging was mainly consigned to John 0. Evans, who paid the freight and then assigned it to the board of public works. Nicholas Acker furnished 20,500 feet of flagging, at 55 cents $11, 275 00 The following minor account, will be substantially correct and complete, the abstract : 23, 805 square feet flagging around Patent and Post Offices, laid by Barker & Muxwell, at 34 cents ' $8,093 70 40, 100 square feet tlagging around United States Capitol reservation, laid by M. Laugldin, at 34 cents.. 13,634 00 17, 205 squai'e feet flaggnig, laid by Nich. Acker, around circle at Thirteenth and P streets, at 65 cents 11, 183 25 10, 030 square feet flagging, on Seventh-street plats, opposite Mount Ver- non Square, at 60 cents 6, 018 00 30, 532 square feet of flagging, on Third street and Maryland avenue, around Botanical Garden, by G. H. Fletcher, at 34 cents 10,380 88 121,672 square feet 49, 309 83 Summary. J. O.Evans $230,336 85 Van Brunt & Co 50, .502 25 N. Acker 11,275 00 Miscellaneous 49,309 8.j 341 423 93 Figures compared with Mr. Morris, of auditor's oflice, by consent of iuyestigatiug committee. TESTIMONY OP ADOLF CLI'SS. 2393 If these sidewalks, instead of llaj;<^injif, would have been laid wltli this superior arti- cle, the Xeiifeliatcl asphalt rock, at a piici^ of S'i.ad per s(|iiare yare about 8--i-i,arcd compilations, the sum of §1,1)00,000. ADOLPII CLUSS, EiKjineer, Mcmlnr Board of Public Works. ]May "27, 1874. ]So\v, here is tbe account of Yau Brimt & Brother, and other papers rehitive thereto : Nkw York, Jitli/ 31, 1873. Board of ruhlic If'orks in account with Van Brant cj- Brother. To 8,1 19 feet of 4-foot Hag., per W. M. P: verett, at .50 cents .$4, 0.59 50 To "), 79:? feet of 4-foot flag., per Ann Dole, at 60 cents 2, 396 50 I'd 14.998 feet of 4-foot flag., planed, per Katie Ranger, at 75 cents 11,248 .50 To 211 feet of 5 foot flag., smooth, per Katie Ranger, at .50 cents 105 50 To 1,853 feet of 6-foot flag., smooth, per Katie Ranger, at 50 cents , 92ii 50 To 3,156 feet of 4-foot flag., smooth, per J, Ferris, at 50 cents 1, .578 00 To 19, 705 feet of 4-foot flag., smooth, per A. G. Ireland, at 50 cents 5, 352 59 To 9,512 feet of 4-foot flag., smooth, per Ida A. .Jayue, at 50 cents 4,756 00 To 5,799 feet of 4-foot flag., smooth, per .). Rommel, jr., at 50 cents 2, 899 50 To 6,()50 feet of 5-foot flag., smooth, per Ida A. Jayne, at 50 cents 3,325 00 To 13,804 feet of 4-foot flag., smooth, i)er O. Wells', at .50 cents 6, 902 00 To 2,530 feet of 5-foot flag., smooth, per O. Wells, at 50 cents 1 , 265 00 To 6,151 feet of 4-foot flag., planed, per General Sheridan, at 75 cents 4,613 25 To 382 feet of 5-foot flag., planed, i)er General Sheridan, at 75 cents 286 00 To 384 feet of 6-foot flag., planed, per General Sheridan, at 75 cents 288 00 Error 500 00 50, .502 25 Ck. Bv cash $22,000 00 To balance 28,002 25 50, 002 25 To balance 028,002 25 Error 500 00 28, 502 25 E. & O. E. AuDiTOu's Officb, August 1, 1873. Note. — Audited for $28,.502.25, an error of $500 appearing in the cargo of the schooner Ann Dole, on second line. J. C. LAY, Auditor Board of Public fVorks. Board of Public Works, Office Supkrintexoent of Property District of Columbia, Washiu(jion, July 12, 1873. Board of Public Works, Washington, IJ. C. : Ge.\tlk:mi;x : I have the honor to report that I have inspected and received, on the 5th instant, from Van Brunt &. Bro., per schooner W. M. Everett, and consigned to J. O. Evans, and by him assigned to the l)oard, the following material : 8,118 square feet of 4-foot bluestone flagging. Broken and rejected : 46 square feet of 4-foot bluestone flagging. Very respectfully, E. B. TOWNSEND, Su2)eri n ten den t Property. [Indorsement.! ]?oARi> OF Public Woijks, D. C, Washington, July 21, 1^73. Respectfully referred to the auditor. By order of the board. CHAS. S. JOHNSON, Assistant /Secretary. 2394 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. In what way or by whom were the contracts made for the purchase of this flagging? — A. The other day Mr. Mattingly brought up certain papers, in regard to which I think Mr. Mattingly as well as myself have been led a little astray. I find, but have not been able to trace it yet, that reterence is made to the order of December 24, 1872, which is pre- vious about six or eight weeks to the time when it was mentioned to the engineers. In fact you will find, January 20, that |24,90o had been paid for flagging, and then these very papers he brings in here are later. Here is the price-list of the board of public works f and I find on the fourth page flagging for three crossings per square foot 48 cents, lay- ing 12 cents; total, 60 cents. Most likely this 48 cents have, some time or other, got to be 55 cents ; and in that specml order, whenever we can trace it, and I have in vain asked it, so far most likely occurred that for common street-crossings 48 cents; and most likely this flagging a few cents more. That is the only way I can account for it. Q. iSI^ow, if there is any order of the board, Mr. Johnson, in regard to the purchase of this flagging, I should be glad to have you introduce it. 1 should like to see the minutes of the board upon the subject of the purchase of this flagging. The Chairman. While waiting for it, I will ask the witness one or two questions. Q. Does that statement you have read include all the flagging that has been laid ? — A. Yes, sir ; I don't think I missed anything. Q. It is only confined to one year I — A. You see, in the first year not much flagging was laid. It seems to me that year flagging must have sprung up in December, 1872. Before that there was no flagging laid, except Q. This covers all the flagging that has been laid*? — A. Yes, sir; ex- cepting for crossings and the gutter, flagway, and the like. Q. What do you know, if anything, in regard to the board making any contracts for the purchase of flagging from John O. Evans, or any- body else ? — A. I have asked for the paper, but it could not be produced. Q. Do you know anything about it ? — A. ISTothing whatever ; that is, besides these later dates. This I know, they made a contract with him for flagging, because the material in all the contracts after once the price is fixed for the material it is routine matter and inserted after- ward. Q. In these prices I find John O. Evans is paid some 60-odd cents for the flagging upon P-street circle. — A. For the laying. Q. Does that embrace the cost of the material, or just simply the dressing and putting it down "I — A. Dressing it and putting it down only. Q. And then the board furnishes the material in addition to it ! — A. Yes, sir ; he is the furnisher, also, under a different head. Q. Tell us how that is. Did he sell that flagging to the board? — A. Yes, sir ; so it appears from the record. lie first furnished the flagging ; then he got 60 cents for laying that first flagging down. By the Chairman : Q. Where is that shown by the record 1 I did not happen to catch that. The Witness. Mr. Evans was paid on January 20, for 45,682 square feet of flagging, at 55 cents per foot, and then afterward he was paid for hauling it to Farragat Square and to P-street circle, and to Sixteenth street reservation, at 5 cents a foot. If I go further down here I find that he is paid here for 13,739 square feet of flagging dressed and laid TESTIMONY OF ADOLF CLU8S. 2395 at Farragut Square, and then the same at P-street circle and Scott Statue. Q. At what rate was he paid for puttiiiii' that down ? — A. Sixty cents. So that the whole price would be 5") cents; the cost and .") cents for haulino; makes (K) cents, and GO cents a^aiii for i)uttinjn' it down — -^l.^O; and thus, in fact, I did not understand myself the other day. By Mr. Wilson : Q. Before you leave that I want to get the record on the subject. The Witness. Here is the letter that I was looking for. It is dated Washington, D. C, and at ask foi' it at that time, did you ! — A. I had nothiug to do with tlie puichase of materials at all, and I do not kM(»w. (}. That letter of Mr. lOvaus's was rel'erred to you to uiake the report, if all was right — everything was '' O. K. :'" — A. Yes, sir. 2396 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Befwe you made the contract ? — A. Yes, sir. Q. And the natural inference is that you thought it was " O. K.," is it not"? — A. Of course ; but what we are looking- for is the correspond- ence in regard to the purchase of flagging, and not the workmanship. Mr. Stewart. This is the workmanship ? The Witness. Yes, sir. Q. Do you mean to say that the workmanship was all right — that that was a fair price — CO cents 1 — A. If we paid in certiticates worth 30 cents belpw par, it was all right. [Witness then read the following letter :] Washington, D. C, December 23, 1872. Gentlemen: I have about sixty thousand square feet of "extra large" bhiestone flaggiug, say 36,000 feet 6 feet long, aud 24,000 feet 5 feet long ; 95 i>er cent, of the lot, is from 2^ to 6 feet wide, balance from 2 to 2+ feet wide, running from 2 to 3 inches thick, which I propose to deliver at our wharf, free of wharfage and expense, at 55 cents per foot. About three-fourths of the lot are here aud can be delivered at once. Very respectfully, yours, &,g., JOHN O. EVANS. Hon. Board of Public Works, District of Columiua, WasIiitKjton, D. C. The Witness. There is no indorsement on this letter at all, it seems. Q. Please refer to the minutes, and read what is there stated. [Witness did so, aud read the following :] Extract of minutes of the meeting of the hoard, held Devemher 24, 1872. John O. Evans was notified that the 60,000 square feet of the extra large bluestone flagging, to wit: 36,000 square feet 6 feet long, aud 24,000 S(i[uare feet 5 feet long, and 95 per cent. 2^ to 6 feet wide, which he proposes to deliver at his wliarf, free of wharf- age and expense, at 55 cents per foot, would be accepted by the superintendent of property, for use around Farragut Scjuare, P-street circle, Sixteenth street, and Mas- sachusetts avenue. Superintendent of property aud the auditor notified. Q. Who was present at that meeting of the board '? — A. The board met in the usual way. It is oue of those constructive meetings. Charles S. Johnson recalled. By Mr. Wilson : Q. I should like to ask Mr. Johnson how these minutes were made out. — A. That particular item, I think, was made up as I explained yesterday. The entry was made from the proof of the letter sent to Mr. Evans, notifying him of that transaction. Q. Do you know by whose order that was done; by whose order that letter was sent; by whose order that entry was made on the record t — A. The letter was sent, probably, by the order of the vice-president. Q. By whose order was that put on the record ? — A. There was no order given. Q. AH that was made up of your own motion, from the i^apers, as you explained on yesterday ? Mr. Cluss. The record itself shows that this is not a regular board meeting. Adolf Cluss recalled. By Mr. Wilson : Q. Kow, Mr. Cluss, is the flagging that has been laid down the kind of flagging that was described in that letter ? — A. Well, I would have to read that letter a little more carefully. TESTIMONY OF ADOLF CLUSS. 2397 The rii.viRMAN. It is describc^d in that letter you have Just read. The WiT]NK8S (again reading the letter.) The letter is dated December 23. It says here running tVoni two to three inches long. I should think that is about tiie quality ; two inches is the least that you can split. CuARLES S. Johnson recalled. By Mr. Wilson : Q. Xow, ^Ir. Johnson, is there any estimate of John O. Evans for any other tlagging ? * The Chairman. Let nie see if I uiulerstand this. On December 23, 1873, John O. Evans writes a letter to the board of public works. That letter is referred by the vice-president. Witness Cluss. No, sir. Q. What is the date of that letter ? Witiu^ss Cluss. Five weeks later. Q. What is the indorsement upon that letter — the letter you have just read. Witness Cluss. There is no indorsement whatever, but the minutes of the board give the key to it. Tlie vice-president directed the order to be made on the minutes of the board. The vice-i)resident accepted this and notitied the superintendent of property to inspect it, and ordered it paid. Q. Does he do that entirely on his own responsibility ? Witness Cluss. Always, or gets it done. That has been the rule. By Mr. Mattingly : Q. State what was the i)rice there, and if there is anything wrong about it. — A. I thought it a little odd that they should have gone to a ship-dealer in Xew York City — to a ship broker and a freigiit-agent, in- stead of going to the quarrymen on the North Kiver, when a large job "was to be done. AVhile the price miglit be ordinarily 60 cents, yet for a large job like this, if it were put in competition, you could get it at almost half that sum. Q. A few weeks after this, when another letter of John O. Evans was referred to, awarding a flagging — that letter with JMr. Shepherd's iu- ilorsement on it, if O K to make a contract — why didn't you advise them at that tinie that you thought they could get this flagging much chea[)er by buying it direy -Mr. Wilson : Q. Whendid tJi is matter of p!irUing(;onie up in connect ion with these flag- ging-contracts, ami how was tliat tiling disposed of? — A. 1 have looked over the correspondence, and the correspitndeiuce in that whole concern. The very fact here that flagging has never been mentioned so far as the engineer's oflice is concerned, it seems most likely that the contractor and the vice-president talked together, and thought it would be well to include that parking, because certainly from this coirespondence — there must be a letter ot May there — the parking is not mentioned, and I men- 2398 AFFAIRS IN THE DISTRICT OF COLUMBIA. tioned 84 cents a foot, and Mr. Townsend, on his own responsibility, concludes I have got CO cents, and he puts it at 90 cents. I thought it very improper, and ought to be deducted from him. Q. Have you made any examination of E street, between New Jersey avenue and Fourth, as to measurements ? — A. I have. I have done it at the request of the governor, but after it was made the governor did not see fit to use it. Q. Where is it ? — A. I have it at home. I will send for it. (t^. While that is being brought here I will ask what it is that you have measured with reference to that street? — A. Well, the whole assessment was in such a shape, that is to say, Mr. Rives, I believe, had made certain statements about it, and then the governor requested me to look over it. I saw that the original measurement was in rather an indigestible way, and I took a similar course as I did on east Penn- sylvania avenne. I went together with Mr. Danenhower, and meas- ured the whole work over, and put in an assessment-sheet in such a shape with all the iutersections described properly, and some items which were left out I put in, and others which were in too high, of course I put iu at the correct figures. Again, there was New Jersey avenue at that time which was not paved, but it is paved now, and so I considered it right and proper to include New Jersey avenue that was in it. Q. Do we understand you to say that the assessment had been made up against the street before it was completed ? — A. No, sir ; the assess- ment had been made, and then afterward Mr. Wright Rives comes before you, it appears, and makes certain charges that it is incorrectly stated. After that the governor refers it to me and I had the whole thing gone over. Q. Who assisted you in going over it ? — A. Mr. Danenhower. He is one of the assistant engineers. We corrected the whole. For instance, 1 found that the old bluestone pavement had been \ying there. This old bluestone pavement — 20 cents a yard was charged for taking it up, when no credit was given to the old material, so as to leave it to every individual citizen if he wanted to get anything for his old stone. I think such things ought to go into the assessment-slieet ; at least if you charge a man Q. We will not discuss the philosophy of this thing. I simply want to get at what has been done. — A. I just made an assessment-sheet with all the items that 1 thought were legitimately belonging to it. Q. Do you know whether Mr. Baruey has been over this sixme work ? — A. Yes, sir. Q. Since you went over it ? — A. Mr. Baruey was along also. Q. Did you and Mr. Barney agree about it? — A. O, yes, sir, fully. Q. How do 3'ou gentlemen and Mr. Rives agree? — A. I do not know that 1 showed it to Mr. Wright Rives. Q. You have seen his statement? — A. Yes, sir. Q. Did your work differ from his ? — A. Well, it does differ some from his. For instance, in that street there is in one square a Colton fence that cost 30 cents a foot, and in the next square there is a stone coping which cost $3 a foot. Now I did not think it was right and proper to charge the whole street all through — the one who gets the Colton 40 cents a foot, to let him pay for the brown-stone coping in the next square. I made a general estimate for each square, as to what was a proper as- sessment for eacii square — for that which belonged to that square. Q. Were there, or not, any other charges there in regard to paving or anything of that kind ? — A. Yes, sir. TESTIMONY OF ADOLF CLUSS. 239;) Q. Do yon recollect the ninonnt of tliem ? — A. I tliiiik, yon know, tbere were about !,(!()() S(iuare yards too jniicli brick pavement tliere. Q. Vou were interrojifatetl by ine when 1 examined yon before in re- gard to the account n|>on which the ai)i)ro[>riation of 8L,L*K),()0l) was ])rocured. If I understood your subseijuent statements in rej;"ard to it, you say that you were referring in your answer to my question to tlie voucher upon which the money was drawn and not the account upon wliich the appropriation was obtained ' — A. That is it. Q. Did you ever look over that account upon which that approivi- ation was made with a view of ascertaining whether all the work tliat was specilied in that account had been done 1 — A. Yes, sir, I have ; but I lind there glaring omissions and very glaring inaccuracies. I fiud for instance there is Fifth street, fronting Judiciary Si^nare, where it says there is new concrete pavement, new brick work, new curbing, new brick, when there has nothing of the kind been furnished. By Mr. Mattingly : Q. Let us understand this. Do you mean that applies to the state- ment on which the money was obtained ' Mr. Wilson. O, no, I am calling his attention specially to the state- ment upon which the appropriation was based, and not to the one upon Avliich the money was diawn from the Treasury. ^Ir. Mattingly. I understood him to say, in answer to your question, as 1 did on cross-examination, that, in answer to yourcpiestion on direct examiinitiou he was referring to the statement upon which the money was paid. Mr. Wilson. Not at all. ITe ,933.75. That is $20,000 out of the way. The Witness. How is that? Mr. Morris. There is the total — you have got vouchers for 90,000 feet, amounting to $50,502. You have doubled that again. Part of that account is John O. Evans's. You have taken the report of tiie superin- tendent of the property. We paid Evans for that 5 we didn't pay Van Brunt. Mr. Cluss. It came under Van Brunt's name. Mr. Morris. No, you will find Van Brunt's name here; that is just $26,000 out of the way. Mr. Cluss. I will look over it, and see if there are any errors. I have here some items, which I will submit to the committee, which I should like to call the attention of the committee to. [Mr. Cluss then submitted the following papers:] The repairs of the Pennsylvania-avenue wood pavement, laid in the fall of 1870, cost last year, iucludiu<^ the entire relaying of half a square, $20,990.25. The men in charge of repairs of wood pavements have lately reported that their efforts to repair the wood pavements on Seventh street, southwest, laid hy Linville &, Co., in 1871, between the mall and the river, have jiroved futile, and about three-fourths of all the blocks are rotten. MAIN SEWERAGE. Th-e board of public works have expended in the fourth (or intercepting) sewer dis- trict as follows; Sam Strong, outlet at Seventeenth street |5, 625 70 Sam Strong, B street, between Fifteenth and Seventeenth streets J58, 096 80 Gantz & Appleman, B street, between Seventh and Fifteenth streets 93,500 00 Old canal laterals 2,938 62 140,171 12 Contingencies, 5 per cent 7, 008 56 Total... 147,179 68 On which they received from United States, undisputed, the foHowing amounts : Page 430 Governor's Answer $100,398 43 Page 456 Governor's Answer 22, 825 27 123, 223 70 Eemains actual outlay 23, 955 98 TAXATION. Area occupied by private lots in fourth sewerage district, 15,989,854 square feet, at 20 mills $319,797 00 Deduct 5 per cent, for churches and other property free from taxation 15, 989 85 Total. 303,807 15 tp:stimony of adolf cluss. 2401 Gcorfjctiiini. Actual outlay, h<'yoncl snch sewers as have been assessed with street collections : Beall-street sewer, $22,798.0.'). Asssi'ssiiu'ut, as per Foixvrli. (report of 187;J, paj^ :>M.) 19,18:3,;{(>7 square feet, area of biiildiii^I-lots, at seven miiis, sl:?4.-28:5..56. ])iauu,htsinau Wriy Mr. WiLSOX: Q. You liiive retV'ncd to inoasiironiont mnde by yon, uiulor the direc- tion ol' Goxernor Sliepliord, of E street north, from New Jersey avenue to Fourth street west ; how does that ditfer from the cost of the street as it liiis hcmi reported by the board ? — A. In the end there is not much ditfen-nce, but then the ek'ments are ditferent. The result is about the same. P.y Mr. Stewart : (}. Is tliis remeasnrement the same amount as measured by Mr. ^Vri^■ht Rives? — A. Yes, sir; of the whok^. street. The Ciiair:man. It is proper, perhaps, that I shonhl correct a wrong impression which yon seem to be hiboriuo- under. Mr. Wright Rives di(l not make any measurement at all. He made up his statements from the ])nblished reports of the board. Mr. Rives. That is so. By Mr. Stewart : Q. Have you been retneasuring the streets on which he made his estimates? — A. Yes, sir; very carefully, every nook and corner. Q. How did you And the board, right or wrong? — A. The board is wrong, l)ecause the quantities are ditferent from what they are, but the result is al)Out the same. I bring the measurements not verv n^ufh down, lint at the same time tliere is not that exactness that t.hpro ought to be in assessments. Q. You say the board was wrong; is ^Mr. Wright Rives right? — A. T have Just gone over the thing hurriedly. R. Flow far wrong is the board ? — A. 'Sir. Wright Rives, as far as I remember, is in so far right that he said biick pavements had been overcharged, say 15,000 to 10,000 square yards. Q. I ask you how far wrong the board was. — A. I was called upon to make this five weeks ago, and it has passed from my tnemory. ]\Ir. Stewart. Then, perhaps, you had better put in your measure- ment. The measurement was ordered to be inserted, and is as follows : 151 D c t 2402 AFFAIRS IN THE DISTRICT OF COLUMBIA. '^ •}SOJ IL'^OX •;goo •901.1 d^ •Hnippos ■n — O CO o f- :c o n ^^ ?3 TCOCOOOm^CO -^OOC^ i-HOO Tr(7i:coorHC:co c» in cj to o o lo Ci i^ CO C^ O CO o» Ci :o COC5Q0f-iC0CTr-lr-l i^ CO C^ O CO 0» Ci :o C» l^ -v to lO O i^ o ^ o c; C» (TI O CO CO O I O CO o> ~- -r OOOtOCOCi OOOIOCO •pTBi ^ngraeAB J jniiUBjj •SnipBJO jeinojjo 9!HUT?JQ c: a c3 a » fc.il 5 E^ - ^ ^ Lj * '-"a — '? y^ - a -= -n o =^ !c -2" ^ i ;--:=« S- 3 ^ < <- in cj CO \ri CO ira (N *A =s TESTIMONY OF ADOLF CLUSS. J4()3 By Mr. Christy : Q. State whotber there is a main sewer on Eleventli street. — A. There is a sewer on Twelftli street east. This runs along Pennsylvania av(;- nue from Tenth to Twelfth street, and then again it runs from Tenth street up to South Carolina avenue, where it branches off into a pii)e sewer. On Eleventh street there is no main sewer. I speak from the map before me. By the Chairman : Q. You have given a statement about the sewers. Did you include in that the sewer of the Botanical Garden ? — A. You know the Botan- ical Garden has nothing to do with that of the intercepting basin — basin JSTo. 4. Now I consider it wrong for the citizens — there is not a bit of main sewer ever laid in here, and, ac;cording to our law, we have no right to tax them except for the work done. But there is no contract for it, even. All that has been done is this main sewer here, [indicating. These sewers running np here | indicating] have been paid for by the citizens themselves — tlie old corpoi-ation, some time since. Q. That is one of the 20 mills districts t — A. Yes, sir. I do not say that there was any intentional error, but 1 say there has not been that care observed which there ought to be. By Mr. Wilson : Q. The chairman has asked you about the sewer of the Botanical Garden. You have made up the statement of what the United States has paid on account of the main sewers ? — A. Only since the last two years. Q. Does that statement embrace what the United States has paid for the construction of sewers through the Botanical Garden ? — A. No, sir; not as paid by theuK There is one running across Judiciary Square which Dr. Blake constructed while he was commissioner of public build- ings. There is a sewer 8 feet wide, and again another sewer on Xiiith street, running from the present B-street sewer up to the Pntent-Oliice and Post Office : I believe, also, one in Fifteenth street. Various sew- ers have beiMi built by the Government for the accommodation of the Departments, because at that time the water-closet arrangements were confined more to the ])ubiic departments, and not to private houses. The General Government needed the sewers first. Q. Then this statement you gave does not embrace all the money that the United States has paid on account of the construction of sew- ers ? — A. No. sir. Q. AVhat does it embrace '? — A. That statement contains the money which the board of public works has spent, and pro[)oses to spend, to complete the main sewerage, and on the otlier side the money which the (roveinment of the United States has paid to the board of public works for these very sewers. 1 iuive al~o a statement showing, from our oldest surveys, liow many old sewers were in when the board of public works took charge, but 1 believe I took it home again. Q. AVliere is your statement a\)()ut old sewers ' — A. I have it at home. Q. Is it in a condensed form ? — A. Yes, sir. Q. Does it show tlie old sewers destroyed by the new system of sewers ? — A. No, sir. Tlie old sewers that have been destroye»l are not of any account. The old sewers have been made to cooperate with the new sewers. Q. Bring it in as condensed a form as you can. — A. I will do so. 2404 AFP^AIRS IN THE DISTRICT OF COLUMBIA. By Mr. Mattingly : Q. Yon stated yesterday tbat you thought this cironhir curb on P- street circle was certified to by Mr. Forsyth ; state whether this is not signed by you and jMr. Barney? [Handing witness the foUowing voucher :] Washington, D. C, Ocfoher 18, 1873. Board of Public Works, D. C, To Evans Concrete Company, Dr. Couuecticut avenue northwest, between H and P-street circle : 6,458 feet straight eni-b, trimmed and jointed, 20 cents $1,291 60 3,316 feet circular curb, trimroed and jointed, 30 cents 994 80 342f^ feet, 6 by 20, bhiestone curb, hauled from G-street wharf, 9 cents 30 80 57i% feet, 6 by 20, bhiestone curb, hauled from Sixth-street wharf, 10 cents .. 5 77 307-/V feet, 5 l)y 20, bluestoue curl), hauled from G-street wharf, 8 cents 24 60 300-iV feet, 5 by 20, bluestone curb, hauled from Sixth-street wharf, 9 cents .. 27 00 49-i^y feet, .5 by 20, bluestoue curb, hauled from Fourth-street wharf, 10 cents 4 94 2,311fV feet, 4^^ by 20, bluestoue curb, hauled from Sixth-street wharf, 8 cents 184 91 341-1^ feet, 4^^ by 20, bluestoue curb, hauled from G-street wharf, 7 cents 23 91 2, 588 33 I, , superintendent for improvement of street, from to , in , hereby certify that the work embraced in the bill of , dated , was done under the order of the board of public works, (contract No. , 187-,) aud has beeu done iu couformity with the contract and specilicatious. . ^ Si(2)eri)itc)Klent. Dated , 1873. I hereby certify that I have measured and inspected the work done by Evans Con- crete Company, on the imiu'ovement of Connecticut avenue, northwest, between H and P-street circle, iu , embraced iu his bill dated October 18, 1873, which work was done under the order of the board of public works, (contract No. , 187-,) aud iind it correct as to quantity and quality, aud that tlie work has beeu done aud labor and material furnished as per contract aud speciticatious. chas. e. barney, Asbistant Engineer. Dated October 18, 1873. Approved October 18, 1873. ADOLF CLUSS, Engineer li. P. W., in charge. I certify that the foregoing bill is correct in form, and that the prices are according to contract, aud is therefore audited iu the sum of . Auditor B. P. TV. Dated , 1873. (Indorsed :) Cert. No. . Account . B. P. W., 9662. Oct. 18, 1873. Evans Cone. Co.'s bill, for work done on Conn, ave., N. W., bet. H and P-street circle — 12,588.33. Hauling aud dressing, curb measurement. Board of Public Works, D. C. Oct. 24, 1873. A. This is again a bill of hauling. Q. No, it is not a bill of hauling; it says 3,316 feet of circular curb, triiniued and jointed ; that is not hauling. — A. Yes, sir; that is so. I have been taken in, and Mr. Barney has been taken in by that. Q. You and Mr. Barney uere both taken in ? — A. Well, let me see ; I must look our price-list over. [The witness proceeds to do so.] It is not in this price-list at all. It is dressing and jointing, 20 cents, here. But I wish to say that this is a bill, most likely, that reached us from the sui>erintendent of property. This is mainly a hauling-bill. Q. No, I am not talking about hauling; I am speaking about the cir- cular curb up there at the top. — A. Yes, sir, it is as you say. TESTniONY OF J. B. BLAKE. 2405 Q. That is not lianlin.u' ; that is for triminiii.i? and Joiiitins" tl)at curb. — A. i>iit the whole is a bill that conios to us from the sii|H'riiiteii(leiit of ])roi)ert.v, but it mij>ht be inserted in our ofllce, and the rest of the bill has eoiiie from there. But 1 think both of us mijiht have been misled. Q. In ease both of you have been misled, ami that you eertitied there as to the quantity and (Quality of that circular curb, the board was Justified in receiving- it and charging for it as circular curbing, was it not 'i — A. If my attention had been "Q. I am not talking about that. When an engineer and one of his assistants certify that so much circular curb luis been laid around that P-street circle, and jointed and trimnu'd, is not the board Justified in assuming that it was circular curb, and all right "? Can you answer that question ? — A. Yes, sir; they are right in assuming such to be the fact. Mr. ^r.VTTiNGLY. So I supposed. The Witness. Since Mr. Mattingly conies up, he reminds me of some- thing. :\Lr. Mat'^ingly the other day said he could not understand it that the board was not aware why I should uot kuow everything of the smallest details. Here is a letter dated " Washington, April 15, 1874. ''3[y Deaf^ Sir: I have taken the liberty, in your absence, of direct- ing- ]\Ir. Oertly to get up a statement oi measurements. ]S'o one else can do this. I hope it will meet with your approbation. " Very respectfully, " HENRY A. WILLARD." And addressed to "Adolf Cluss, engineer." There is a postscript to the effect that the statement referred to is for the committee. You know very well that these Governuu^nt matters, and things of that kind, come up, and I had no means of knowing exactly all the details, otherwise he could not say nobody else can do this. Q. In the statement you put in here this morning as to flagging, you take the opportunity there to say that if, instead of flagging, this Neuf- chatel rock had been used, it would have cost so much less ! — A. Yes, sir; I do, most assuredly. Q. If bricks had been used, they would have cost a great deal less? — A. I say Xeufchatel rock, without impairing the beauty or stability, could have been used. Q. That is your opinion of the Neufchatel rock"? — A. Yes, sir. Q. That is an ex])eriment in this city, is it not? — A. It has been no experiment. It has been used for a length of time, and in terraces it is the order of the day in the best places about the Tuileries. Concrete ])avements have been introduced here, cheaper concrete pavements, where they have tried to improve upon the Neufchatel rock, but I have always held that you can im|)rove ujion nature if you have angels for mechanics; but as long as you have to deal with mortals there will in many cases be carelessness and neglect of one or the other little ele- nuMits wliich are necessary to make a success. Dr. J. B Blake sworn. By the Chairman : (^)iicstion. I may not have undeistood the testimony tliis morning, but I understand it as you stH'in to, that this filling of lots of which you were the agent is charged to KMiodc ishnid avenue .' — Answer. Yes, sir. (}. And i»aid for by the ]»oard '.'—A. Yes, sir. . 2406 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Charged to a street. Will yon explain wliyf — A. I understood that I had been charged with having the lot, either mine or which I have the custody of as trustee, filled at the expense of the board of l^ublic works. Such a thing as that has never occurred. I am the trus- tee of the estate of the late Johnson Hellen, of this city, a gmtleman well known in thisconiinunity. About a year ago, perhaps a liffte less, I was notilied by the board of health that one of these lots was in a con- dition that rendered it a nuisance, and they requested me to till it up. I was then contined to a bed of sickness. I had a letter prepared ad- dressed to the board, requesting them to defer action until 1 could get out of bed to look after it, and as soon as I could get out I would em- ploy a party to till up the lot. They filled it up, and 1 paid them the bill for It. This was long before I ever dreamed of becoming a mem- ber of the board of [)ublic works. Q. Who did you employ to do that ? — A. A man by the name of Evans and some one else. I can send him to you. Q. I did not ask for that purpose. You did not emi)loy Riley & Clark? — A. No, sir; I think it was Evans. Perhaps it might have been Evans & Riley. I will not be certain about that. But both of them 1 hav^e seen since, and both have expressed a desire to explain the transaction. 1 said if necessar}' they would be sent for. The Chairman. It is not necessary. The Witness. But it was long before I had any idea of being a member of the board of public works, and how it should have ever been charged to me I don't know. I have paid several huiulred dollars, and I was never notified of anything of that kind. Mr. Wilson. You are laboring under a wrong impression, doctor. oSTobody has charged here at all that you did anything of this kind. There is no intinnition of the kind. The only testimony that has beeu brought before the committee upon that subject is that Mr. Riley, of the firm of Riley & Clark, or that firm, did deposit the earth on those lots, and were paid for that by the board of public works; that earth that was deposited there having been charged to some other streets. There is no statement that there was any complicity on your part at all. The Witness. Thank you; I am much obliged for that explanation. By Mr. Stewart : Q. How long have you been a member of the board ? — A. I have been a member of the board, I think, about seven mouths. I was ap- X^ointed in September, and I think 1 qualihed as a member of the board on the 2od of Sei)tember. Q= Have you [)aid attention to the business since you have been a member ? — A. Yes, sir. After the first four or live weeks I gave pretty general attention to the business. I have been there and endeavored to inform myself thoroughly in regard to it. I was i)resident up to the 1st of January of the National Metropolitan Bank; and until i closed my connection with the bank 1 was not as often at the board as I have been since. Q. About how often do you attend now? — A. I attend every day. Q. Is it necessary, in order to an understanding of the business, to attend to it pretty much every day? — A. I always find plenty of busi- ness there every day. Q. You gave up your private business? — A. Yes, sir; that is, the banking-business — I gave that up. I have none other than my indi- vidual business. Q. And you meet there every day and consult? — A. Yes, sir. We TESITMONY OF J. B. P.LAKE. 2407 consult thus far: whciu'vor any question comes up to Mv. Willaid, the viee president of the l)oar(l, he is very a])t to come to me or send for me, and we confer in re-^ard to it. Tiie business he attends to is nu)stly routine business, such as referrin<;- papers, «S:c. Any question requiring" decision I do not think he decides without consultation with myself or other members of the board of public works. By Mr. Wilson : Q. Are those matters the matters that are entered up upon your min- utes as being- the i)roceedings of the board ? — A. When we have a meeting of the board now — when I first went there there was no regu- lar day appointed for tlie meeting of the board. Since then we have had a regular day ai)pointed. When we meet tiiere and get a quorum, we meet and proceed reguhirly as any other board would do, noting down all the proceedings as they occur, everything that comes before tlie board. I understaml that that journal is made up — I inquired about it wlien I went into it — tliat journal is made up from the current busi- ness of the board, from the letters that are written, &c. But it is a journal so far as it notes the proceedings of meetings at which 1 have been present. Q. Does it contain meetings of the board ! — A. Yes, sir. Q. And prior to that time it was simply the record of the current transactions made up in the manner, 1 presume, that Mr. Johnson stated! — A. Yes, sir, very much. 1 read his testiuiony. By Mr. Stewart : Q. And made up of the meetings? — A. Yes, sir; that was one of the first things that struck my attention when I went there, that we ought to have regular meetings of the board and deliberate upon the measures that came u[) and discuss them freely. It was ultimately determined upon. Since then we have gone on very regularly with it. By the Chairman : Q. You do d(diberate now ! — A. I think so. I never belonged to any body when I did not deliberate in regard to any matter that was sub- mitted to my judgment. Q. I do not speak of you personally. I mean the body of which you are a member. Are you letting contracts now ? — A. No, sir; not what you would call an original contract. Some matters that require fixing up, where the origiiuil contractor had either abandoned the work or was really unable to go along with it. In those cases, it being necessary, the board has given the work to somebody else. (}. Have you any plans for improving the streets that have not been imi)roved tlius far, or are you only (iompleting old work '! — A. We are only completing ohl work. I do not know of any ]»lans. Q. I mean you have no disposition or understanding that new con- tracts are to be made? — A. None whatever, sir. 1 do not think it would be very wise in us to do so. We have no means to fulfill any contracts. By Mr. AViLSON : Q. Have you niade any contracts when you have had no means ; when did your means run out? — A. Well, I cannot exactly tell you that. (}. Had it run out before you came in t — A. Well, I rather think that it had, sir; although I won't be ])ositive on that point. (). Frouj your investigation ol' lln' allairs of the board, about what time do you think the meaus did run out' — A, Indeed I cannot tell you, sir; 1 cannot answer that (juestiou to save me. I do not know 2408 AFFAIRS IX THE DISTRICT OF COLUMBIA. aDytliing- about it, except what came under my observation. I know one of the most annoying things to me in regard to it is that we are not able to pay our debts. I have, myself, wherever I have been — I have been commissioner of public buildings under two administra- tions — always have had plenty of money to pay a bill whenever it was presented ; always took care to ha\e money on band ; and now when a bill is presented and 1 cannot pay it, I feel that it is almost a personal matter. Q. When you became a member of this board did you or not find it to be a fact that the board was very largely in debt without any means •whatever of jjayiug it f — A. Well, I believe that was the conceded fact, sir. Q. Have you any idea, or had any member of the board any idea of the extent of that indebteduess I — A. I had none ; I cannot answer for others. Q. Were you or not aware of the fact that there had been a very large amount of certificates already issued when you came in, for work that had been done, and for which there was no means to pay? — A. When I came in and had been there a little while, I had ample 0[)portunity of knowing something about it. People made application who had their certificates. I never went into the market to see about certificates, and I do not deal in such things. Q. But you found a very large indebtedness without any means to pay f — A. Well, the contractors would come there with their certificates and they wanted to get the money. Q. Have you made any investigation as to the financial condition of the board? — A. I have not, sir, in regard to that matter. While I saw many things that I thought in time might be corrected advantageously, I proposed not to move in the matter until everything was quiet and then we could do so dispassionately. I did not want to do so while an excitement was prevailing. I have noticed among the members of the board nothing but what was frank, open, square, and honest. Q. Well, 1 am not discussing that; but what I want to get at is this : I want to know whether in all your consultations you hav^e taken any steps to ascertain the exact financial standing of this board, its indebtedness and its resources, with a view of settling with the parties whom you owe ? — A. I never have, sir ; such a thing has never been before us that 1 am aware of. I thought that would all be dis- closed in the report that would be made here. We had no data to go upon immediately, unless we had a general examimition of the whole affair. Q. Certificates are still being issued, are they not, from time to time ? — A. Well, I believe they are, but you have had the auditor up here, and I do not know whether I am correct in tliat assertion or not. Q. The measurements of work are still being made ? — A. Yes, sir. Q. Is there or not any considerable amount of work done and not yet measured so far as you are advised ? — A. Well, I cannot answer that question ; that probably pertains lo the engineers. Whenever any question comes up before us that relates to the engineer department, we call upon them for information. There are a great many calls made for information upon all the different branches. I will say here that the divisions of the board of public works are organized separate and dis- tinct trom each other ; they seem to me to be perfect, but they want a regular connection so as to make it a perfect whole, and those are the points to which I intended to give my attention. Q. You intended to straighten this thing out as soon as you could? — TESTIMONY OF J. 15. 15LAKE. 24O0 A. Yes, sir; I intoiulcd to have cveiythiiig' straiglit, if 1 could possibly accoiiii)lish it. Q. Do you know wiiether there has ever been, iVoin the organi/zitiou of the board down to tiiis day, any settlement with Mr. ]\Iagi uder as treasurer of that board, or any in vest illation made with a view to ascer- tain whether or not his accounts are all straij;ht and ri<;ht ? — A. Xoth- ineen done; therefore I ask you that question, whether there is any check upon the treasurer ? You say that you do not know of any. — A. Well, I should not think that there was any check from my observation from day to day ; tliere may be ; I am not aware of it ; there is no check upon him. But, I think, when he comes to settle uj) his accounts, the auditor would have to determine whether they were correct or not upon such evidence as he could ol)tain. (,). Now, thei'e being no check upon the treasurer, is there any mode by which this couimittee can ascertain the true state of his accounts, ami the true condition of the financial affairs of this board, irom its organization down to this time, other than by going through the whole thing? — A. Well, I am not familiar enough witli the business to answer that (piestion in the manmu' 1 W()uld like to do. (^. Oan you conceive of any way in whi(di we can arrive at the exact state of the imjiietary affairs of this board other than by going through the accounts of Mr. Magruder and the auditor in detail ? — A. I do not know of any. The superintendent of assessments keei)s a regular ac- count of moneys that he pays over to Mr. Magruder of all descriptions; 2410 AFFAIRS IN THE DISTEICT OF COLUMBIA. the balance of the money that he has in his hands, as the result of these bonds, things of that kind — that is, they are put there by law. He gets possession of them. I do not know of any account that is kept that would enable you at once to determine whether his accounts are accurate or not, but I have no doubt of it from my knowledge in regard to the matter and the man. Q. You do not approve of the manner in which this thing has been done, if I understand you ? — A. No, sir. If left to me, I should have endeavored to have had a different arrangement, certainly ; I should have endeavored to have had a different arrangement, so that there could be no doubt about anything, and where you could lay your hand upon anything in a nioment; where I could take you to the books and you could see exactly how the last settlement was and everything in regard to it. Q. Were you aware of the fact that Mr. Magruder's checks upon the bank do not at all correspond with the charges that he has made against himself in the reports that he has made with the board from to time? — A. No, sir. Q. You were not aware of that ? — A. No, sir. Q. Were you aware that in order to get at the items for which any check was issued, it was necessary to go into an examination of a lot of vouchers? — A. Well, I do not know how a case of that kind could arise unless some question originated in regard to the payment of a check and then it came before the board. The board would have to investi- gate the matter in order to determine. Q. Were you aware that Mr. Magruder was presenting his reports to the board in that way — keeping his accounts in that way and pre- senting his reports in that way to the board ? — A. I never suspected anything wrong, nor do I. Q. I am not asking you, sir, as to any suspicions; I do not suppose you did, but were you aware of the fact that he was keeping his ac- counts in that way "? — A. No, sir ; I was uot aware of the fact. I do not know how I should have ascertained unless I had instituted an in- vestigation myself individually into the matter. By Mr. Bass : Q. There was a check drawn July 15, 1873, for $50,000 to the order of L. S. Filbert. That is one case. If you take the report of the board of public works for 1873 you will not find under the date of July 15, or at any time thereafter, any entry made of any such expenditure of money as $50,000. Or take another case, as I understand, as stated by Colonel Magruder, and I understand he has the check here this morn- ing, that that $50,000 purports to have been paid in bonds and therefore there is no entry whatever of that as I understand it in his account. Mr. jMag RUDER. O, yes, there is, Mr. Bass. Just let me explain. Mr. Bass. [To the witness.] Would you know, doctor, where to' find in his published report a statement of such a transaction as that to which I have just referred? — A. I have never examined his published report and I do not know anything about the auditor's office or the manner of conducting his business at all. The whole subject has been a subject of conversation between Mr. Willard and myself in regard to matters there and what we contemplated doing, and hoped to accomplish in the course of time. I should think that Mr. Magruder would be able to show some charge corresponding with the check. Mr. Stewart. His explanation of it is this: he says that, for instance, he wants to pay off a dozen certificates that have been issued- — TKSTB[ONY OK J. li. I5LAKE. 2411 IVfr. Bass. That is not this case. Mr. Stewart. Well, lor instance, he draws a check for 8.~>0,0fl0; that is the gross «nni ; draAvn to A. !». ; then, when they send it n|) in the rej)orts here, we (h) not see anything of that check; but he takes that, and then, with the money, he pays the certiticates that are out. Those certiticates are entered in the items of tlie rei)ort. [To the wit- ness:] How would yoa remedy that so that both transactions would appear; under your plan, how would both transactions appear; would it not be arranged by having a cash -account — a book that showed his cash-account every day ? — A. I think that everybody ought to have a cash account that has any great extent of business. Q. Have you ever seen any cash-account ? — A. I have not examined 3Ir. Magruder's account at all ; 1 do not know anything about it. Mr. Hamilton. I suppose a cash and certificate account would settle the whole thing-. ]5y the Chairman : Q. I want to ask you a question. Do you think that a member of the board of public works should be its treasurer ? — A. Well, sir, I should think it wouhl be much better for him not to be. 1 think it would be a great deal better. I think we have other matters there to occupy our atten.tiou without devoting it to that. Q. Do you not think that the treasurer ought to be an officer subor- dinate to the board, and subject to its direction? — A. Entirely so; yes, sir, I think so. Q. The auditor is not a member of the board ! — A. No, sir. By Mr. Wilson : Q. Were you aware that anything of this kind which has just been handed to me this monu^nt, and I never saw it before, was going' on in the board of public works ? Here is a paper, dated Washingtox, D. C, Fchruarij 7. 1873. The Board of Public Worl's to John 0. Evans, Dr.: To 9,703 feet bluestono ilagging, at 55 cents per foot $5,336.65 On the left hand corner of it is this indorsement iu pencil: Mr. r.,AV : If you have the inspection of this, issue a certificate. JAIMES A. MAGRUDER, Treasurer Board of ruhlic jrorks. Then on the back of it is this indorsement : " Audited for $5,33G.G5, bluestone flagging, for board of public works. Received February lli, 1873, certificate Xo. 734, for 8. ■3,330.0.")," the amount of that account. — A. AW'll, sir, I do not know anything about that singular transaction. ]My answer to that is this: The auditor was not com[)elled — it was no ))art of his laiiieut the board has li;id notliin.u- to do \vith it .' — A. The board, as a board, has had nothing to do with it. Q. It has been a matter purely, if there lias ever been any settlement, entirely between the auditor and treasurer .' — A. lOntirely so. I speak as an individual mend)er of the board. 1 had no knowledj^e of it. i}. Do you know whether there has been payment of interest made ou eertifieates out of the fjeneral fund; s(>\vei' (HMtitieates, for exami)le ? — A. I know of no ease of the kind. 1 do not think that a case of the kind could occur. Q. (in any certificates? — A. I shouhl tliink not. 1 should be op- posed to it, aid on those out of the general fund '': — A. The commissioners of the sinking-fund, 1 believe, i)ay those. Q. Is interest paid on them out of the general fund? — A. I do not understand what you mean by the "general fund." Q. I mean out of the general tax-fund of the District. — A. The inter- est has be(Mi ]r,\U\ by money received from sources of revenue that prob- ably are niuler the control of the board of public works. 1 do not know whether it is a general fund or not. By Mr. Bass : Q. Did the National Metropolitan Bank allow the treasurer of the board any interest on his 'mone}' * — A. Xot a bit, sir; and we. would not allow you any if you came there and de[)osited it. By the CiiAiii3iAN : Q. You were aware that the board of public works was largely in debt ? — A. I think it is very largely. I should think so. I dp not know. Q. Have you any i)lan for the payment of that debt; any specific plan in view ? — A. Well, the i)lan, so far as 1 understand it, is this : There are assessments to be made upon streets and work that has been done that ha\'e not beleased. The Chairman. The testimony of Mr. Magruder himself is that he kept no distinction between certificates and evidences of indebtedness and money, and that he could not distinguish in many cases. Mr. Stewart. He drew out the money and i)aid these warrants, and put them in his safe, and the question was put to him whether he had ever bought any of them, and he said that he had not. Now, that is just all there is of it ; he might have gone and bought them 5 there was no cash-account or certificate-account kept. Mr. HuBBELL. It ought to be presumed that we are business-men enough on this comtnittee to know that that is not a proper way to keep accounts. TESTIMONY OF H. OERTLY. 2417 B. Oertly recalled. By Mr. Wilson : Q. Have .you examined, in iirint, your own statement submitted a day or two ago? — A. No, sir; 1 have not. Q, I refer to paj;es 21it)2 aud L*293 of your testimony. That was a written stateuient presented to the committee ami [)rinted by them. Was it prepared by you ? — A. It was prei)ared by me. I have not compared the printed testimony, but the written statement was pre- pared by me. Q. Is it a (;orre(!t statement, as far as you know ? — A. My written statement certainly was correct, to the best of my knowledge. Q. It is a review ot Mr. liives's statement ' — A. Yes, sir; it is a re- view of Mr. Eives's statement. Q. Who directed you to make up this statement ? — A. I thiuk the governor. Q. Wlieu ? — A. I could m)t tell you the date exactly. It was some time last week. I think it may possibly have been the week before, just after ]\Ir. Eives testified. Q. How many statements have you made up with reference to Con- necticut avenue ? — A. There is a statement of mine in my first testi- mony aud there is a statement here. Q. Then there is another statement in the report of the board of public works? The Witness. You refer to the statement, I suppose, giving- the total cost of avenues ? Mr. Wilson. Yes, sir. A. Yes, sir. I did not prepare this statement proper, because the anu^unt paid by the old corporation — they were gotten at by some clerks who were familiar with the old corporation work — and the amounts paid for by the board were prepared at the auditor's ofiice. Q. So that you did not make all these statements yourself? — A. Xo, sir; I did not make the statement of payments made. That I got from these two sources. Q. You do not know whether that is correct or not ? — A. I believe that they are correct. Q. You have sim[)ly the statement of other persons that they are correct? — A. Yes, sir; I have to rely upon that. Q. You had to take their statements iu making up yours ? — A. Yes, sir. Q. Then when you say that these statements which you have pre- senteil here are correct statements, you make that statement with that qualification, do you ? — A. I make that statement with that qualilication, of course. Q. Xow we have three stat(unents here in regard to the cost of Con- necticut avenue, two of wiiich were made by you, and one a[)pears iu the rei)ort of the board. Do any of these statements agree with the other ? — A. 1 suppose that is very hard to say ; I shonld donbt wliether they agree. Q. Why do they not agree ? — A. They all three, I think, have a differ- ent basis, and of course you could not expect them to agree ; they are only appioximate anyhow. Q. But the results ougiit to l)e the satne ? — A. No, sir. Ot course iu each case the results would be an ai»[)roximution, to say the least, and to arrive at the best result would lnHo takr the average, of them. I would not say that either of them was absolutely correct. 152 DOT 2418 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Yoii would not say that either one of these was absohitely cor' rec-t ? — A. No, sir. Q. And you do not present them as absolutely correct statements'? — A. No, sir; I do not. Q. For what i)urpose did you make up these statements? — A. I itu- derstaiid they were to be submitted to this committee. Q. Were you directed and given instructions that any particular result was desired here? — A. No, sir. Q. Were they gotten np for the purpose of refuting the testimony of Mr, Wright liives? — A. They Avere simply gotten up to correct some stateujeuts of Mr. Rives which we thought were incorrect. Q. Will you take Mr. Rives's statement and show wherein it is incor- rect ! — A. I refer to this statement of my owni. I will have to read it. Q. It is not necessary to read that. Is that the only thing that you have to show here, or that you desire to show, for the purpose of refut- ing tlie statement of Mr. Wright Rives I — A. I have nothing further to submit at this time. Q. Nothing to submit but that? — A. Nothing. Q. What was it that was furnished to you by these other i)arties in making up these statements? — A. Well, the statement giving the work done by the old corporation is one. Q. Who did you get that from ? — A. That was prepared — there were several gentlemen working' at it, i)riucipally Mr. Larner, v/ho had charge of the old papers. Q. Who else? — A. Mr, Winter, a clerk in the assessment oflSce, and Mr. Forsyth. Q. Who else ? — A. I think Mr. Lyons. I do not know who the other gentlemen were who were copying and writing it. The other statement was entirely gotten up in the auditor's office. Q. But as to these matters you do not know whether they are accu- rate or not? — A. No, sir; I have to rely uj)on them. Q, You do not wish to be understood as swearing that this is right? — A. No, sir. Mr. Christy. I was trying to find in your testimony to refer to an estimate which you made in regard to pipe laid upon First street, north- west, of 830 feet. I do not find it at once ; if you will delay a few minutes I will interrogate you upon that. Hugh Murray sworn and examined. The Witness. I stated to the committee that Mr. Barney testified ou oath here that I did not work on New Hampshire avenue between G and H streets. I wanted to say that I am prepared to prove that I worked there from four to six weeks with a large force, and all the work that I have done there he allowed Mr. Vanderburgh -pay for it, and I have here the authority under which I acted from the board. I have here n^y order to go to work, and my order to stop. I am contractor for New Hampshire avenue, and Mr. Vanderburgh, if he did any w'ork there, I would like to know under what authority he acted. 1 do not say but he did some work there, but I have never seen any authority had for doing it there. By Mr. Wilson: Q. If there is any overpayment, then, it is not to you? — A. No, sir; I have done more work than I have been paid for. Q. When did you do that work?, — A. I have an order of July 12 or 13, I think. STATEMENT IN RELATION TO SEWERS. 2419 Q. Of wliafe yeai? — A. 1873. Last year. 1 was ordered to go to work there, and put titty horses and carts to work, and keei> theui on continually, whicli I (•oini)hed with. Q. ^Vllell did you linisli tiie work.' — A. I have not finished the work yet. Q. Have you been working on it all the time? — A. I have been working until my funds ran out. I had no money to carry it on. Q. When did yon do the last work there? — A. I think 1 stopped work about Oct«)ber last. Q. Did Vandenburgh have any gravel-ex(*avation there? — A. Yes, sir. Q. How much ? — A. I do not know, sir; I could not say that. Q. Do you think he had us much as 10,()()() yards ? — A. Well, sir, that is for the engineers to say ; I could not answer. Q. You know what the condition of the street was? — A. Yes, sir. I know the condition of the street. Q. Was there any such amuuut as that there? — A. O. well, 1 could not say that. Q. You have a pretty good idea, I guess. — \. It would be rather a delicate matter for me to say how much. Q. I do not care how delicate it is ; if you know the fact, I want to know it. — A. 1 do not know ; I could not say positively. Q. Well, how much do you think there was there? The Witness. What Vandenburgh did ? Q. Yes ; 1 am talking about gravel. — A. I could not say how much he took out of New Hampshire avenue. 1 know he got a great portion out of Virginia avenue also. He had been hauling ground for some time. By the Chairman : Q. State as nearly as you can. If you come within five thousand yards of it, I snp[)ose it will do. — A. Yv^ell, I suppose that he took out live or six thousand yards — something in that neighborhood — of gravel. But he took some dirt also. But I suppose in order to get at the gravel he had to take the dirt. [Tiie statement of Mr. Cluss in relation to the old sewers was here submitted to the committee, and is as follows :J Sewers laid in the city of JFmliiitr/ton prior to June, 1871. [Xo record of sewers was kept prior to the above date, and tliis list has been compiled iindor great ditiiculty, the engineer beiivg oltlijred to depend a great deal upon property-holders for inforuiatioii. many of the sewers being inaccessible.] (?) Indicate.s inaccessible, yet shortest length necessary for property, Location. Length. Sti'eet or avenue. Between — Brick. Pipe. (5 Feet. Feet. Feet. 30.-. 155 (?) .'JOO (?) 3.50 280 2U cm (?) 3J0 (?) •l.'iO 2. .T street nortli Uo Third west and Fourtli-and-a-half west Fotirth-an Do 18 inches. Do Thirteenth west and Fourteenth west- Twenty -fourth west and Twenty-fifth west. New Jersey avenue and Fourth west . Fourth west and Fifth west 2.25 Do 930 (?) 388 780 18 inches. (?) 12 in. Do 15 inches. STATEMENT IN RELATION TO SEWERS. 2421 Sewers laid hi the city of Washini/lon j'lior to June, 1871. Location. Lfiiirtl). Street or .ivenue. M street north . . . Do Do Do Do Do Do Do Do Do Do Between — Do. Do Fir.st .street west , Third street we.st Fourth .street west Fourth .sitrcet east Fourth-ari(l-a-lialf street west . Do Fifth street west .Sixth street west Do Do vSeventli street west Do Do Do ;;;; "Water stieet Eighth street west Xinth street west Do Do ; Tenth street we.st Eleven! li street west Twclftli street west , Thirteeiitli street west Fourteen! Ii street west ' Fifteeiilh s!rfet west I Sixteeiiih-and-a-lialf street west; Seventeenth .street west ' Eighteenth sticet west Do Do Do Do ;.■; Nineteenth street west Do Do Do Do Do ; ; ; Twentieth street we.st Do Do Do ; ; Twentv-flrst street west Do Do ;;;;; Twentv-aecoud street west Do ! Do I Twenty-third street west Do Twentv t'onrlh street west Do T went V fiftli street wo.st Do I Twentv-sixth street west I Do Twenly-seventh street west Xew Ilaniii.shire avenno 1'enn.svlvania avenue Do ' Do ■■■ Sixth west and Seventh west Fourth west and I'ifili west, south side Filth west and .Sixtli we.st Seventh west and J^i^hth west Eijjlith west and Ninlh west Xinth west and Teiitli west, north side Xiutli west and Tenlh we.st, south side Tenth west and Kleven!h west I Eleventli west and Twelt'tli west I Twelfth west and Thirteenth west Thiiteentli west and Fouiteeuth west, north side. [ Thirteenth west and Foutteenth west, 1 south side. «lo B street south and Canal \ D street north and F street north E north and yi uortli North Carolina avenue and C south . I C north and Canal ' C north and Canal and alley, soutli j side of E street. , G north and M north ' Canal and G north \ G and L north L and AI north Canal and il street north H and L north Canal and G south G and Water street south Se v(ynth and river C and E west Canal and Pennsylvania avenue Pennsylvania avenue and G G noit'h and M north Canal and E north Canal and F north Canal and ^lassachusetts avenue Canal and 1 nortli Canal and X street \ Canal and I north ] ' H and Penii.sylvania avenu(! I and Canal ." ] F' and Xew York avenue F and G north ""'' G and TI nortli .... H and Pennsylvania avenue il and I street north Canal and E north E and F north .'.'.' F and G north '.'.'.'.". G and H noi-th '."."'.''". II and Pennsylvania avenue Fiiinsylvania avenue and I north F and G north G we.st and H noith II and Pennsylvania avenue Penn.sylvania avenue and I north F and G north G and H north Hand I ; Gand II north \''W II and I nortli '...'.'. I and Pennsylvania avenue ..'. I and cirele land II !'.!'.'.'.!.'.". Pennsvlvania avenue and L north I and Iv north IC and Pennsylvania avenue K and I north do '.'.'.'.'..v. K and L north I and K norl h '.'..'.. Twentyfourth and eireln Twenfy-foiirlh and I, wist TwiMity-tourfh and 'rwi-ntv-flrst west Twontietli and Xiuetcentli west Brick. Feet. 505 (?) 565 321) (?) U5 833 3,540 (?) (?) 985 (?) 1, oao 2,730 2,270 (?) 2, 130 (?) 2, 680 2, "•17 1,596 7,100 (?) 3, 200 (?) 470 750 (?) 635 (?) Pipe. 4, 235 1, 930 4, 320 3, 320 5, 450 350 3,350 400 200 385 Ftet. (?) 210 (?) 4.53 580 588 586 600 590 900 Feet. 2 18 inches. 12 inches. 15 inches. 15 inches. 15 inches. 12 inches. 12 inches. 15 inches. 3 18 inches. 3.5 270 210 400 420 2, 910 740 220 320 390 350 2.50 220 375 .330 475 460 300 3.50 240 600 285 .530 .530 420 .530 315 485 2,080 4 3 4 (?) 3 (?)2 3. 5 and 5 6 3 3 and 4 (?)2..S 18 inches. 3 5. 5 &6 3 4. 5&8 5 &: 5, 5 4 4 and 3 4 and 3 4,3, &2. 5 15 inches. 1 15 inches. 3 18 inches. 18 inches. 15 inches. 1 1 1 15 inches. 18 inches. 3 15 inches. 18 inches. 15 inches. 15 inches. ISir.ches. 15 inches. 15 inches. 18 inches. 18 inches. 18 inches- 18 inches. 15iiichct!i. 18 inches. 18 inches. a 2422 AFFAIRS IN THE DISTRICT OF COLUMBIA. Sewers laid in the city of Washington prior to June, 1871 — Continued. Location. Length. Street or avenue. Between— Brick. Pipe. s 5 Seventeenth find Ei.irbteenth west Seventeenth and Sixteenth-and-a-half west. Fourteenth and Fifteenth west Eleventh and Thirteenth west Fourth-and-a-half west and Second west Sixth and Seventh west Fourteenth and Fifteenth west Third and Fourth east Feet. Feet. 675 Feet. 3 i)o o Do 380 (?) C 540 \ 380 340 (?) 300 (?) 400 3 Do Do 3.5 o Do 4 In toto, about 16i miles of biick sewers— appi'oximate cost I<550, OOO And 5i miles of pipe sewers — approximate cost 70, 000 Total - 720,000 It is impossible to state at a short notice what proportion of this outlay has been paid by the United States. ADOLF CLUSS, Engiiieer. May 27, 1874. James A. Magruder recalled. By Mr. Bass : Q. You have fomul the various vouchers to which you referred the other day *? — A. Yes, sir. I desire to make a short statement aboufc that. I want to state about this paper that Mr. Wilson showed to Dr. Blake with my indorsement. It reads, "Mr. Lay, if you have the in- spection of this, issue a certificate." It is a bill of flagging which the board had bought froul Mr. Evans. There is the receipt for the flag- ging, j producing it.] I knew the flagging had been received, I suppose, from the way that indorsement is worded. Here is the iuspectoi-'s cer- tificate that he has inspected that much flagging, and it exactly cor- responds with this bill. It was a mere order to settle the bill if every- thing was right, which it seems it was. The inspection is dated on the 3d of February. The bill is dated on the 7th of February, By the Chairman : Q. Could he not have done that without that order from you, if he had chosen ? — A. Well, no ; I do not think he would have done it. He might have done it. Q. Why not ? Why would he not have done so ? — A, Because he is very careful about these things, unless some member of the board tells him to do it. Q. Is there any understanding, or arrangement, or order by which he is not to do it until the board directs it? — A, There was no reason why he should not have issued the certificate without the order; none in the world. The insi)ection had been returned to his office as "so much re- ceived," and there was no reason why he should not have done it. Q. Is the auditor empowered to issue certificates without the order of the board ? — A. Yes, sir. For instance, if there is a measurement re- turned there from the engineer's office, he has the power to settle it ac cording to the engineer's measurements. Q. That is to say, the eugineer-in-chief, the auditor, and the treasurer can pay bills without the board knowing anything about it"? — A. The TESTIMONY OF JAMES A. MAGRUDER. 2 423 board refers this to the auditor ; tlie onjiiuoor refers his estimates to the board; the board refers tliem to the auditor; then lie eau issue the eer- tifieates. They come to uie for i)aymeut. Q. But is not the aetiou of tlie board necessary, that is, nominally necessary, in order to secure the auditor's certificate ' — A. 1 do not un- derstand you exactly, sir. Q. Does not the auditor require, nominally at least, the action of the board before issuing a certificate '? — A. He requires the action of some mensber of the board. This had been referred to him by the board, and therefore it did uot require anything of the kind. Q. How Avas it referred to him by the board ?— A. The probability is that this was brought to me with a pressure. I do uot know that fact; I am oidy stating the ]irobabilities. The probability is that this was brought to me wheri there was a pressure upon the auditor's office, as then there very frequently was about that time; frequently there would be twenty, thirty, or forty peojde in there. This man wanted to get his certificate. I wrote Mr. Lay, •' If you have the ins]tection of this, issue a certifrcate." Q. Why was that necessary ? — A. Simply to get him in there to get Mr. Lay to do it at once. By Mr. Merrick : Q. To give him precedence ! — A. To give him some precedence, prob- ably, over some forty other people; that is why, exactly. By Mr. Bass : Q. How did the board refer those papers to Mr. Lay ! — A. They or- dered tlie clerk to refer them up to the auditor. Q. They did not order their payment? — A. Well, no, they did not or- der their payment ; but that means a settlement. The papers are re- ferred to ^Ir. Lay, and that means that he shall settle it. Q. I do not care particularly about those vouchers, but I want to know whether or uot the action of the board is not necessary as a voucher for the auditor ; that is, as authority lor him to issue these cer- tificates ? — A. Yes, sir ; that is, not for every certificate. When a paper is referred to the auditor of the board, a measurement, for instance, it is not necessary for him then to have another order from the l)oard to issue a certificate upon that measurement if he finds it correct. He has to go over that and make his calculations, and find what is due the man on that estimate. Q. Let us run through this process. The engineer certifies his quan- tity ? — A. Yes, sir. Q. That paper, then, goes to the board ? — A. That paper goes to the boar(*. Q. Then the board refers it to the auditor for prices ? — A. Refers it to the auditor for settlement. Q. The auditor fixes the prices? — A. He has the prices; he has the board prices. Q. It is referred to the auditor for settlement ? — A. Yes, sir. Q. Ls that the exact form (d" the reference ' — A. This is the form of the reference. Q. And that is essential 7 — A. That is. essential. Q. As authority to the auditor ? — A. Yes, sir. Q. Now. suppose there is no siieh reference, Itut the engineer's eertiti- cate, instead of passing through the board, should go direct to the audi- 2424 AFFAIRS IN THE DISTRICT OF COLUMBIA. tors office, could lie fix the prices or malce a settlement ? — A. Yes, sir -, lie might do that. Q. Uuder your regulations and plan of doing business 1 — A. Yes, sir. Q. So that the engineer and auditor and the treasurer can adjust ac- connts without any action of the board ? — A. That might be done. Q. I see it might be done, but can it be done according to your sys- tem ? — A. Yes, sir 5 it could be done according to our system. By Mr. STANTON : Q. Does not the engineer require authority of the board to make measurements? — A. Yes, sir. Q. And the auditor has evidence of instructions to the engineer to make the measurement ! — A. I don't know whether he has that evidence or not. By Mr. Wilson : Q. Look at that paper you have in your hand, and say whether you ever made any order in regard to that ? — A. I do not see any order on it. Q. What evidence is there that the board ever knew anything about that? — A. The fact is the board ordered the flagging, and here is the inspector's certificate. Hold on a moment. There is an account made out against the board of public works. Q. Is there anything at all in the paper that you have in your hand indicating that the board ever saw that account? — A. No, sir. Q. What is there to prevent you, uuder similar circumstances, putting through thousands of others just like it? — A. For material, nothing at all. Q. Have you got that bundle of vouchers that I called for the other day with you "?— A. Yes, sir, I wish to say in looking over these papers I found I made a mistake in saying it had no indorsement of the board upon it. There is an indorsement by the board upon it, which reads as follows: "February 4, 1873. EespectfuUy referred to the auditor; by order of the board. Edward Johnson, for assistant secretary." Q. How are these orders made — at a formal meeting of the board always? — A. No, sir; the vice-president of the board does it. Q. Then, when these matters come in here to the office, the vice- president refers them, and that reference is entered upon the papers as being done by order of the board ? — A. Yes, sir. Q. So that virtually the vice-president, for the purposes of the ac- count, is the board of public works'? — A. He has authority from the board to do it. Q. You say, then, that that was done by order of the board ? — A. Yes, sir. The board never would, if we sat there to discuss these matters, be able to do anything. Q. I find, on page 9, report of 1873, this report made by you : BoAiiD OF Public Works, District of Columbia, JVashhujton, Nuvemher 15, 1873. Sir: I herewith send my report of receipts aud payuieuts from July 1, 1871, to No- Tember — , 1873, showing — Total receipts ^- $14,789,692 85 Total payments 13, 386, 455 67 Balance on hand 1, 403, 237 18 Very respectfully, yours, JAMES A. MAGRUDER, Treasurer Board of Public Worls. Hon. A. R. Shepherd, Governor, tj-c. TESTIMONY OF N. G ORDWAY. 2425 Q. Did you have that on hand at that time? — A. Yes, sir. Q. In what? — A. In sewer-certihcates; they are charged on the other side there. Q. Since yon have [)aid tliem out ? — A. Ye>>, sir. By Mr. Bass : Q. You ji'ave us the other day the transactions of the checks you drew, took up certiticates with. AVill you now exphiin how your ac- count is kept with regard to thos(^ checks which you drew for other ])urposes ? Take first the item of Febrnary 7, 1873 ; you drew a check for $u(>,(M)(> on the National Metropolitan Baidv. You may explain that. — A. I cannot find any check for that [)articuiar amount, but I find certifi- cates of Filbert for $58,000 charged in March. 1 found that check in looking over the checks this morning for another one. Q. Produce what papers you have in relation to that. — A. I don''t know whether I have that with me or not. There is a certificate of that. You will iu)tice that that certificate is dated 1872 ; it is charged in my March account. (,). This check is drawn February 7, 1873, for 850,000?— A. Yes, sir. Q. ^Vhere is that entered in your account ? — A. Under date of ^larch 20, 1873. '' E. S. Filbert, for Massachusetts avenue, between New Jersey avenue and Fourteenth street, northwest, $58,079.78." Q. Now, what makes you think that check and this certificate which you ])roduce here (auditor's certificate) is the certificate corresponding to this entry of March 20, 1873 ? — A. Simply because I find the next one of a large amount due him. It does not correspond in amount, but 1 could give him that check for the funds I had in the bank. Q. How do you know you did ? — A. There it is ; there is tlie check. I showed it to you this morning. Q. "\A on't you have the kindness to produce it here in this connec- tion ? [VV^itness having left the stand to get the check called for, Mr. N. G. Ordwav was recalled.] By the Chairivian : Q. "We have had some testimony here in relation to a mortgage you had upon the Chronicle oflBce at one time; I believe you desire to make some explanation ? — A. I notice by the newspapers what I thought was rather an imperfec; statement of the case. The facts were these : Mr. John ]M. Morris purchased the Chronicle office of John W. Forney, and gave deed of trust to secure the i»ayment of several notes. These came due, and Mr. IMorris was unable to meet them, and urged a friend and myself to carry one or two along for him for a short time. I took one of them at first, and afterward took another. Mr. Morris still not being strong enough financially to take these up, Mr. Forney thought after a wiiile that he must liave the money. I carried these notes for a year, or possii)ly neaily two years, at per cent, interest, as an accomnu)datiou to Mr. .Morris. When ]\Ir. Harlan came into the concern I felt that it was strong enough to i)ay me, and insisted that these should be taken ui). .^Ir. JIarlan took thtni up with a check or the money ; f think a check, tiirough either Jiiy Cooke «.\: Co. or Henry I>. Cooke. .My con- nection with the loan, which was first about three Ihousand dollars, and which afterward amounted to eight or nine thousand dollars, the whole of ir was simply that of a man who did an act simply to accommodate a friend. Mr. Morris was then lixing a neighbor t() me, on Ca[>itol Hill. I carried these notes at (5 i)er cent, simply as a favor until he could get 2426 AFFAIRS IN THE DISTRICT OF COLUMBIA. somebody to relieve him of these obligations. I bad no control in the paper, but did this as I have sugo^ested, I wish to make this statement in jnstice to myself, because it did not seem to me in the testimony given by Mr. Harlan that the matter was clearly understood. In reference to the indorsements on the notes— they were made, I think, to John W. Forney, At any rate, the trustee, whoever he was, could have enforced payment, no matter in whose hands thej- were. Therefore, there was no indorsement necessary, and the notes simply came into my hands in that way, without any indorsement, and passed out without any indorse- meut, I simply receiving the face of the notes and the accrued interest at 6 per cent. My impression is now that I received the check ; that Mr. Harlan brought me a check of either Henry D. Cooke on some bank, or of Jay Cooke & Co. By Mr. Wilson: Q. You are connected in some way with the Washington Market- House Company? — A. 1 am a director, and have had charge of it as managing director since the first work was commenced ; since the second company — not the first company that got the charter through — but since the second company took it up, subscribed the stock and commenced to build. Q. The rents that you pay, or whatever you may call it, belonged to the poor-fund of this District ! — A. There was provision in the charter that w€ were to pay $25,000 a year to the District authorities to be given for the support of the poor; to be appropriated by them. We paid $25,000 a year up to the time the District legislature relieved us by an act and left it at $20,000, then we paid $20,000 yearly after that, up to the time of a more recent change, when we gave up some of the land. Q. Did you pay on account of this rent into the District government any part of this rent at the time of this transaction between you and Mr. Harlan ? — A. 1 have looked over my accounts and I find that some time in July, within a few days of that time, that I nmde one or two payments — that is, I think they were made directly from my office, through a clerk, to Governor Cooke; they have all been made to the gov- ernor ot the District. Every payment has been made directly to him and his receipt taken for the amount. Q.^ Did you go to Mr. Harlan to carry to Governor Cooke a check on account of this market-house fund, equal to the amount that was due you upon this mortgage'? — A. I do not thiidc that I gave Mr. Harlan the check. I think the clerk paid him, about that time, about the same amount of money from Governor Cooke. The clerk paid it, I think. Q. What, if anything, do you know in regard to Mr. Harlan having made an arrangement with Governor Cooke that if you paid in an amount equal to your note that Governor Cooke would let Harlan have that money in order to lift your mortgage"? — A. I was pressing Mr. Harlan for this money, or the Chronicle Company, and stated to him that 1 had already carried out of my own funds bills for the construction of the Market- House Company until I was overloaded, and needed money and must have this; and Mr. Harlan r.iade the remark, I think, that Governor Cooke told him that we owed the District some money — the Market Com- pany — and I said w^e did. That is, there would be some due on it at the end of the year, and we would be very willing to pay it; 1 would, so far as I was concerned.^ if I thought that it would facilitate in any way the settlement of these matters, although the money might not be strictly due. Some conversation of that kind occurred. Harlan spoke of the matter once or twice, but after the transaction was through. Governor TESTIMONY OF N. G. ORDVVAY. 2427 Cooko toolc oeciusion, at my lionst^ nj) in Now ITainpsliire, to say that altli()ii<;li sn«!h talk was had, that he fnniishod money in another way. I am not certain as to the transaction further than I ha\'e stated. Q. Will your books show jnst what amount ot money yon i)aid on account of this same market at that time and the date of its payment ? — A. I think the press-book would. The clerk receives money and pays it out. Q. Will your books always show the time you received from Harlan these payments of your notes? — A. 1 don't think I have the exact date of the receipt of the money. It was money that was my private funds, and 1 am not certain that I credited it anywhere, as it was in notes. Q. Will your books show whetlier the amount you paid on account of the market-house fund C(nTesiK)nds exactly with the amount that you received from ]\Ir. Harlan on account of this mortgage or trust-deed? — A. I presume that I might find a memorandum. I do not now know the exa(;t amount, but the payments to the governor would be upon the clerk's books Wliether I have a mehiorandum showing the exact amount of the notes in interest I am not positive. I have not looked to see, but I will do so. On July 29, 1872, the clerk at the market office issued a (;heck on the Bank of the Republic, payable to the order of Henry D. Cooke, gov- ernor, for 88,971.41. About that time that amount, either in check or in money, was paid to me by Mr. Harlan, which he said he received from Governor Cooke, and got the deed of trust and notes to take to him, as I sui)i)osed. Mr. Harlan took them himself from me. I thought I had a memorandum of the exact date ; but I do not find the date. The amounts are the same, bur I do not recollect the dates. By Mr. Hubbell : Q. W^as this amount the exact amount that was due on your notes ? — A. Yes, sir; it was just the amount. Q. In other words, your clerk paid a certain amount which you iiave given, and about that time Mr. Harlan came and ])aid the balance due on this note, including interest ? — x\. Yes, sir. It came up in this way : Mr. Hrirlan remarked to me, when I was pressing him, tliat Governor Cooke said we owetl him money on account of the market. We owed the District and he had claims, he said, against the District. By Mr. Wilson : Q. Did Mr. Harlan receive the check from the clerk of the Market- House Company ? — A. I think not, sir. 1 thought at first that he did. When I was first inquired' of I thought so, but ui)on retlection I think I am (juite sure that I never [)aid in any way except to send to the office of Governor Cooke by the clerk. Q. Did Mr. Harlan bring you a check on Jay Cooke & Co.? — A. He neither brought the check nor the money himself, and took the notes himself. I (lid not see Governor Cooke in the transaction, that I remem- ber. J5y .Mr. STEWART : Q. When you saw Governor Cooke afterward, what did he tell you about it ! — A. He told me at my house, I should think a month after- ward. He was up in New Hampshire, and lie called to see me, and he said, " By the way, that transaction, which there was sonu> tallc al)out arranging, about the market, was nor carried out. I arranged that out of Jay Cooke & Co.'s money," or something of that kind. 1 should say it was a month afterward. I simply wished to state it because I remem- ber the circumstance of his mentioning it to me. 2428 AFFAIRS IN THE DISTRICT OF COLUMBIA. James A. Magruder recalled. By Mr. Bass : Question. The check which you produce here, bearing date February 7, 1873, payable to the order of L. S. Filbert, for $50,000 in bonds, is the check, if I understand you. which was taken from the stub presented here? — Answer. Yes, sir; I showed you the stub. Q. Now you produce this certificate, bearing date December 14, 1872, for .$58,079.78? — A. Yes, sir; charged in my account Q. March 20; and I understand you to say that you think that this clieck went to pay that certificate I — A. I think it did. Q. Why is this statement '"in bonds" in this check! — A. Because I had the bonds in the bank. Q. So many of the bonds were to be paid out ! — A. Yes, sir. The bonds were turned over to us by the sinking-fund commission. Q. Have you any recollection that that $50,000 is not a part of that $58,000 item "?— A. No, sir. Q. So that it may not be a part of that item ? — A. That may or may not be. I find that a large sum was paid out about that time. Q. And this, you think, would lit a little better in here than in any other place. How is it about your $05,000 check ? — A. Those were paid upon a variety of checks, and paid by the Freedraan's Bank. I cannot tell you anytliiug about this. I thinly; certificates were charged here. Q. But you have been unable, as I understand you, since your former examination, to find the vouchers for that $65,000 check ? — A. It is not one voucher ; it is probably twenty-five or more. Q, lasked you to produce the vouchers. Have yoa looked for them"^ — A. No, sir ; it is perfectly useless. It is barely possible they may have an account for it. Q. You find, then, it is difficult to produce them without a more thorough examination than you have been ablie to give it — the voucher corresponding with that $65,000 check of the Freedman's Bank ? — A. I cannot specify exactly what the vouchers were, but the vouchers are charged in that account of the expenditures. They are charged some- where there. Q. We want to know where. — A. I cannot tell what they are. You certainly find checlcs for all those vouchers. Q. We want to see the items if we could. So that since your former examination you are unable here, then, to-day to produce vouchers that you are able to swear are the vouchers for the $50,000 or $65,000 check I— A. Yes, sir ; utterly impossible — the identical vouchers. Q. So that it is not at all surprising that outsiders are unable to find A. An outsider would know very well it is charged there, whether he got the money or not. If he came and said he didn't get it, I would show his voucher for it. Q. How does Mr. L. S. Filbert, when he reads your account, know that there is entered in his account that $50,000 check when you your- self cannot identify it as being the one? — A. W^hy would he want to know ? Q. You have made the statement here repeatedly that your own ac- count was so kept that any person being disposed to ascertain its accu- racy could ascertain by simply looking at it ? — A. I stated this : You take any of these things, " T. Joyce, for whole square, $221, 219." Well, T. Joyce says he didn't receive that money. I go right to the office and I get the certificate that has a receipt on the back of it, j^how- ing that I have paid it. I take another one, " Gray & Noyes," &c. If a TESTIMONY OF JAME.S A. MAGRUDER. 2429 man sajs I didn't pay him that check, and I show the checlc witli his indoisenient on it, it is evidence 1 did pay it. Q. Xow, tlieu, snp])ose Mr. Filbert were a little cnrions to ascertain when you had entered and where you had entered that >?.'»<>,00()that you l)rodnced the voucher for, how could he ascertain, by this account, that it had ever been entered in your acconnt ? — A. He sees it charged there, a 08,000. Q. You yourself swear you cannot tell that is a part of it? — A. Why would he want to know ! Q. 1 don't know 5 but he might be a little, curious, perhaps, and want to prepare a memorial to find out. — A. I have my check, payable to L. S. Filbert, or order, for $50,000. It is shown that it has been paid, be- cause it has his indorsement. Q. The reason you didn't enter it was because you rather thought Fil- bert would not want to know i — A. No, sir. I didn't enter it because there was no necessity for it. There are the charges of the account for the money I have received; and that is the same explanation in regard to the F^'reedman's Bank. Q. Didn't you suppose they would ever want to know how your ac- count was kept, and to see the entry of $55,000, given them on a given day ? — A. No, sir; I didn't -suppose anything of the kind. I didn't sup- pose it was any business of theirs how my account is kept if tliey got their moijey. Q. Is that the sort of theory that you had as the treasurer of a board that disburses 81^,000,000 or ai5,000',000— that nobody was interested in the veracity of your accounts but yourself ? — A. No, sir; because there is an exhibit of my accounts. Anybody can come and verify them at aTiy time. You can come and pi(;k out one hundred items, and 1 will bring you certificates for them. Q. Very well, we have asked you The Witness. You have asked me for checks, and I stated just now you come into my Q. You produce vouchers, and i ask you if you can indi(>ate in your account where you had entered either the 850,000, or the 805,000 check, they being merely sanjples in your account, and you even yet are unable to say with certainty, to indicate where those items are entered in your account. — A. 1 am vsimply unable to indicate or furnish the certificates paid with that check, but the certificates are charged there. Q, Now, then, that 8100,000 that were withdrawn out of the bank by you upon the checks on the 12th and 15th day of July, LSTo, were not entered in yonr acconnt until the 21st day of August, 1S73, were they? — A. No, sir. Q. Atul then we find ui)on the check-stubs, in a different ink from that which indicates the i)ayee of the (;heck, the certificates that were subse(jiu'iitly t;iken up by the bo;ird of public works, or rather by you as the treasurer of the board. — A. Yes, sir. Q. And you say that the entry of the numbers of the certificates was entered at a snbse(pient . — A. I gave it to you. Q. Is that the voucher upon which you paid that money, $8,000, for work as follows ! — A. I will tell you in a moment — yes, sir. Q. What is that ? — A. The auditor's certificates. Q. And this is what the auditor issued his certificates upon ? — A. That is what the auditor issued the certificate upon. Q. Now I will read it: [Mr. Wilson then read.] That is the kind of papers on which you paid out the thousand dollars? — A. I did not on that, but on this Q. That is the kind of paper on which the auditor issued that cer- tificate f — A. I suppose so. In the first place, the auditor had the measurement in his office for this work and he took his re(;eipt for that certificate, and he charged his account and charged those streets for that much money. Q. I called on you to furnish the voucher on which you paid $5,000 to Jones & Collins, page 125 of that report. This is the voucher on which you paid it. The Witness. There is the voucher I paid it on. [Witness producing one.] Q. That is the voucher on which the auditor issued the certificate — the one read f — A. Y^es, sir. TESTDIONY OF JAMES A. MAGKrDER. 2431 Q. This order from Jones eS: Collins, Maryland Freestone and .Alining- Coinpany, for s-"),!)!)!). It was paid on that order to Jones & Collins on the work they had done. Will yon please to tell ine what the board of public works had to d(» with that .' — A. With what ? Q. With Jones tS: Collins. What did the board of public works have to do Aviih that paper? — A. Flere is an order on the board of public works of Jones & Collins. Q. That is it; I could . We are trying' to get at your mode of doing business. I am not ask- in,g whether you didn't pay money. — A. I kiu)w that, but Mr. Wilson Q. Hold oji a minute. I asked you to furnish the voucher upon whujh that was j^aid. You pioduce then the auditor's certificate. Now, then, you say that it is upon that certificate and upon that paper that the auditor issued that certificate? — A. I say so. Q. What authority had the auditor to issue that certificate? — A. When this was received it was referred to the auditor. Q. Where is there any reference to the auditor ? Look at it, and see if it is referred to the auditor. — A. There is nothing on this referring to it. Ele may have got a letter of that kind. Jones & Collins were doing work. They were recei\ iug material from these people, and these people demanded some sort of payment. Jones & ('ollins gave them an ovdei- on the board for s5,000 which the board owed Jones & Collins. TInit order was tiled until their account could be settled; or, if it was settled, audited at once. Then the board pays on the order. Q. You say the board ? — A. Y'es, sir, 1 say the board. Q. Are you the board ? — A. No, sir. Q. Is Mr. Lay the board ? — A. No, sir, Mr. Lay does not do these things without being ordered. (}. Let us understand thisaccording to this statement ;now this Messrs. Jones & Collins, or someboossible, that if this did not go through the board, Mr. Willard had the accounts regularly referred to him of -lones & Collins for so much work done. Jones & Collins had a credit on his books for that much work, and goes in with an order for >So,000, and he gives it to Kidwell, instead of giving it to Jones & Collins, It:' Jones «S: Collins had gone in there he would have given it to them. Q. That is just Avhat I am getting- at. Tliat a party goes in there and without any check upon him whatever, Mr. Lay issues this certificate ? — A. He has got the check of this. The accounts have been referred to him. (}. How do you know that in that case? — A. Because he never does anything (}. How do you know.' — A. I cainiot remember every little transac- ti(ui that goes on, and nobody else. (^>. Do not you .see that here is 85,000 paid out ui)on a sim[)le order without any iiMlorsement upon it whatever indicating that it ever was in the board of jinblic works at all, or was ever nuide a part of the papers of the board of i)ublic works ; is not that .so ? — A. That may be so. Q. Let us .see if there are any more like it. I just took this out of your report; now just look at that as a voucher on which a public ofli- cer pays out money. — A. Y'es, sir. 1). R. Smith, just so much money. He gave the order for it. AVe owed him more, probably. 243'2 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. I told you to bring the vouchers upon which a certificate of $12,000 was paid to' Mr. Laughlin'^ — A. Yes, sir; I have got it here. Q. That appears on page 109 ot your report. You have got the aud- itor's certillcate you paid °? — A. Yes, sir. Q. What is the date of your auditor's certificate! — A. I will tell you in a minute — M. G. Langhlin, September 26, 1873. Q. Did you pay that on that date ? — A. I do not kuow. Q„ Is there any way of telling when you did pay it! — A. Yes, sir. Q. You have paid it, have you! — A. Yes, sir; canceled by the board of public works. Q. Is there any way of telling when that was canceled ! — A. No, sir. Q, Won't your bopks show when it was canceled ! — A. ]Sro, sir. Q. Nothing in the books of the board of public works to show when any certificate was canceled! — A. No, sir; there is the man's receipt on it. Q. Let us see the date of the receipt. — A. There is not any date on the receipt. Q. You do not date the receipts! — A. No, sir. Q. See if that is in the voucher on which that $12,000 certificate was issued! — A. The work — as per schedule. Q. Is that the one ! — A. Yes, sir. Q. Now this is au account made out on the 2Cth of September, 1873, and on tliat same day Mr. Lay issues that certificate for $12,000! — A. Yes, sir. Q. Ami this is the only authority he had ibr issuing it, is it not ! — A. That is the only authority he had for issuing it ; issued the man's ac- counts showing that much money. Q. What is the reason he could not have issued a million in that way ! — A. He could have issued as many as he pleased. Q. Is there any way of preventing his issuing a million of them ! — A. No, sir. Q. Is there any mode by which this committee can tell how many of those certificates have been issued ! — A. Yes, sir. He has got stubs of every certificate issued. Q. He may have, or he may not. How do you kuow he has! — A. If you cannot trust anybody you might get a combination of rogues. Q, You are a member of the board of public works, and, as a matter of course, the people of this city have been ititrustiug, or somebody has been intrusting, you with the management of these very great interests, and is there anything to tell now, excepting just simply what Mr. \yil- lard has upon his books, as to the amount of certificates of this kind that have been issued ! — A. No, sir. Q, Nothing at all !— A. No, sir. Q. The whole thing rests upon the integrity of Mr. Willard ! — A. The integrity of the officers in his office. Q. Just rests upon that office !— A. Yes, sir, Q. And no check upon him !— A. No, sir ; except the order that he has received as to how he shall do these things. Q. Wliat order has he got for that ! — A. He has got to account against that party for .the work done. Q. Is there any account anywhere else as a check on it ! — A. No, sir. Q. Each of these of the same character ''. — A. I think not. Q. Excepting this one — the Colton matter— are they all of a similar character, except that! — A. Let me look at them, and I will tell you. Here are Page & Fletcher's vouchers — whole correspondence. Q. Are there any of these items that J have called attention to on this TESTIMONY OF JAME.S A. MACiRUDEK. 2433 slip of paper which I hauded to you, with reforeuce to which you are unable to produce the voucher upou which the mouey was paid ? — A. None but that last one. Q. AVhat is that .'—A. The governor's. Q. What is that for ? — A. For auditor's certificates. Q. Where are they ? — A. They are charged in that. I do not recollect what ])articular ones there were. (^ Can you timl anything to correspond with that check ? — A. I did not look. Q. Why not .' — A. Because I cannot tell anything about it at all. Q. ^^'hy not .* — A. 1 would have to go over this whole account to take up and make a combination of that amount of money. Q. How long would it take to go through ? — A. I could do it i>rob- ably in a week, sitting down and taking each one to make a combina- tion of that amount of money. Q. There are two of those items. There is another one for $10,000. — A. Yes, sir; the same thing. He had $27,000 in certificates. I gave him $7,000 in mouey, and accepted his draft for the balauce, and paid them afterward, and that second check to take up one of these drafts. The first was for seven thousand and odd hundred dollars over the $20,000. He has held these certificates fi'om last winter, and was very cross about them. He said that he had got them, and paid pretty nearly value for them, and said that he ought to have his mouey out of our ]\rarch appropriation. He did not get it. The July appropriation came, and I gave him $7,000, and the balance I did not give him. Q. But there is no mode by which you can tell ? — A. What particular certificates were paid him — no, sir. He may have i)ossibly a memoran- dum of the certificates he has, but I have not ; I could uot see any necessity of putting a check. I drew exactly what certificates I p'lid them with. Q. I would be glad if you would turn to your book account and tell us how much money you had on hand at the time you used that $75,000 that was appropriated by Congress for the City Hall. — A. I don't know that we had any. Q. Don't you know that you did not have any .' — A. No, sir ; I don't. Q. What is vour best impression about that .' — A. I don't think we had. Q. About how much do you suppose you had ? — A. I really cannot tell you. Q. Did you have an overdrawn bank account at that time ? — A. That I cannot tell. Q. Have you any recollection at all as to the state of your finances ? — A. I think very probably we may have had an overdrawn bank-account. Q. Didn't you use a part of this $75,000 for that ])urpose ? — A. That mouey lay in bank for over a month, certainly, and you can see there exactly when it was transferred. You have got my bank-books. When the board of public works held meetings aud authorized me to invest them Q. Who were present at that meeting of the board .' — A. I think all were ))resent. i). I would' like to see the recoid of the board on that subject, just while I think about it. — A. .\iid further, that package is in tlie bank, and my impicssion is, every member <>l the board has his aut()grai)h signed on the back of that ])ackage ; what it is, and what it is for. (^ What did you do with that $75,000 ?— A. I don't know; 1 paid it out. 153 D c T 2434 AFFAIRS IN THE DISTRICT OF COLUMBIA. Q. Do you recollect to wboni you paid it ? — A. IS^o, sir ; I dou't. Q. Don't you remember any specitic jiaymeut °? — A. I deposited it rigbt iu bank to my other account ; that account was kept separate. Q. Up to that time you had kept that money by itself? — A. Yes, sir. Q. When you made this deposit on these sewer-bonds, I believe it was then you took that $70,000, and you put it in your general ac- count ! — A. Yes, sir. Q. In what bank "? — A. Metropolitan National Bank. Q. How much did you owe that bank at that time t — A. That I can- not tell you. Q. Don't you know your bank-account was overdrawn at that time '? — A. I do not ; my impression is it was. I don't know. Q. Upward of $20,000, was it not ? — A. No, sir ; I don't think it was. It might have been. It very frequently was. Q. Don't you recollect it was just somewhere about $23,000? — A. No, sir ; I don't. Q. Who were the directors in that bank ! — A. J. W. Thompson, W. G. Metzerott, A. E. Shepherd, and John Hitz. Q. Do you think Mr. Metzerott could tell us something about that ? — A. I don't know. Q. AVlio would be most likely to know how that transaction was ? — A. 1 do not know that anybody can tell you anything about it except the board — just what I have stated. They can tell you at the bank whether the account was overdrawn or not. Q. Don't you think you ought to be able to tell us that now ? — A. Not now. Q. Why not? — A. Do you recollect all the transactions? Q. Not a bit of it, and would not tr}- it ; I would keep books. — A. My impression is the account was overdrawn, but I cannot tell how much ; probably $20,000 or $25,000. Q. Is it not the fact that there was disturbance created in regard to the condition of your bank-account, and had not the Comptroller of the Currency been sending out a l)ank-examiner to look into the affairs of this bank, or was not the bank anticipating he would be there to look after this thing, and this arrangement was made and this money was used for the purpose of getting your bank-account straight? — A. No, sir ; not that I know anything about. So far from that, you have brought certain things to my recollection. Our bank-account was over- drawn when he was there. I said to Mr. Kelly I had there in the bank then quite a number of bonds amounting to $100,000, Q. What kind of bonds? — A. District bonds. I said to Mr. Kelly, ^'You can take these and hold them as collateral until your account is made good. They are in your bank. You can take those in and show them to Colonel Moore. Let him count them if he wants to, and show him you have got ample collateral for our overdraft." Metzerott was making a fuss since that about the overdraft, and I settled it. Q. How did you settle it ? — A. By j)aying a part of it and giving our note for the balance. Q. What did you pay it in ? — A. Part of it in money. Q. Did you use anything else in doing that? — A. No, sir. Q. Did that money come out of your $75,000? — A. No, Sir. Q. This is the fact, I suppose, beyond all peradventure, that you used that City Hall money for your general purposes? — A. Seventy thousand dollars; yes, sir. Five thousand dollars we didn't. There is no question about that. We would not have changed it. TESTIMOXV OF WRIGHT RIVKS. 2435 By Mr. Bass: 9' "V, ^ ""'^^'''**^'*"^^ it, your account as treasurer has never been audited —A. No, sir. Frequently .Mr. Lay has gone over and eliecked Q. But there has been no re-uhir auditin;^ of the account by the uoara ; — A. Ao, sir. By the Chairman : Q. There has never been any settlement between you and the auditor to see how your account compares with his .^— A. Yes, sir: we have done that. Compare,0Oi.3r> Now I respecttully refer the committee to Mr. Oertly's testlmouv, on page 167o, where he there states that the amount due by the United States for its proportion of the Lanie WorkhV- tl 1 . i"' *''■" •'*^f«"!"^'>tf ^" ^''^^^ ^''- 1"' l^-^P"it Board of P.iblic i ^17 01 h'- ' *\V^''^tal ''"'"""> 'V*'" ''■'■ ^^''' ^'"t'-^l '"^t^t*^^ 1«^- it« POi-t*"" on the avenue to Con ; ss ir'^^f "'"'." *^' "f '^'''' '''''' l"^^'^"^'''! t« tlu' President to forward Inenf ° I Jri /,'• '"^o^'^f '«»' «"'l Purports to contain a true and accurate state- ment. It was this report that was presente.(398.77 as the amount rom this'ded;r;;'T.''"'\' 'rf «*■ public works for the cost of the avenue Now mm' •'•"^/.the cost of the avenue, sI13.-23,s.,^4, and wehave .sl9,45«>.l»3 as the am. unt collec ed in money beyond the cost of the street. The total cost of tiie stivet 0,.r iv'' ■;'/''" ';"''''■ 'V '•?'^^-^l'^'l-^-'''^'''ltI.isisthesamean,mnt^st te IbvVh^^ a ^m. i ; Mo'^'Vr' '"' H ^"V"^ M».- amount ..barged to ..ther sticts and railiJ=;d ] rm ! J f ■^'^- '•'••;" *' and this leaves sll3.238.84 as th... amount to be char-od to the U I ; S r "n ^'T'^ r' M^'- ^T\' ('■""' ^''*'^ ^^'^^••'"•^ ^b.- am.,nnt to be pa. I 1^- 8 4 il 4M ; '■'■ •T'"''"',"" ^" ^^'- * '"'"•^ '"^ ''^"' statement, viz, 831.,02s.3.^ and i leaves t.w :, ; . ■ . , '" ''""""•■"' "• P>"l"-'<.v-l'«>l.l.-.rs. Now, d.duct this amount froni the amount pa., by pnvat.- i..op..rty-h..ld.is, 833,r,.il..s7, an.I ,f leaves 81!),3-.l».:'^ and this nn.resent, the a.jiount .oHecte.l in m -y b.v 1 tl ,■ ....st of the st.-eet f..' his inV.st be ad.l..,l rl... amount charg..! to g.-neial fun.l, 8.i7,211..74, ami we a e .8^ ; U > -i ' the amount collected an.l charge.l by the boanl of' public works' b.-'voml tie CO. ..he stre.-t,s I should, in tliis connection, state the fbllowii.-r th t 1 sl.ou.l have stated in my t.-stimouy t., the committee: When this avem o was i;yr.'";; • ; '•• amount .t.ost was Oucnliug to the re,..,rt of the board of public works iS J?7-M. r- r -'.,■■""' l~),*l-'lr-l"l---l. *livid.3.1 as follows, viz: The lIuit.Ml States M/,J1U.(.., . to railroads and various streets, .8m o:>:! ; ,„aking in all, 82.^,443.(!:,. Now, they 2436 AFFAIRS IN THE DISTRICT OF COLUMBIA. deduct this from the total cost and it leaves $96,0'28.19. To this 5 per cent, is added for contingencies, and we have $100,8'29.61 as the amount, to be charged as follows, viz : Two-thirds to general fund, $67,219.74 ; one-third to private property-holders, $33,609.87. Now, after these avenues were finished, the board changed their mode of assessment, and charged the United States with the amount paid bj' the general fund, and received money for the same on all avenues except Missouri and Massachusetts. But, in- stead of appropriating this two-thirds received from the United States to repay the gen- eral fund, they nuide other uses of it. I have carefully examined all their books and made inquiries of ofdcials, and cannot find that this amount has been used to pay the amount charged to the general fnud. Some of these avenues were finished in 1872, but in the report of the board of public works for 1873 no mention is made of the deduction of this debt; and not only this, but the general fund has been charged with two-thirds of the cost of the avenues, (except those mentioned,) and hence 1 claim that they have ap- propriated the two-thirds received from the United States for purposes that their books do not show. I claim that, according to their books, my former testimony was correct. Mr. Oertly admits (since he does not deny) that for materials on this avenue the United States has paid $17,304.54 more than they cost. (See my testimony, p. 2027, for New York avenue.) PEXXSYLVAXIA AVENTIE. Mr. Oertly states that he is ii.nable to state the result of my figures on this ave- nue, (page 1307.) " He (Rives) states that the United States'overpaid $57,248.96." I think I made it plain enough to the committee and Governor Shepherd, but will now state again that the Governor's Answer, page 414, is wrong in this respect, viz, that he should have taken two-thirds of $391,862.05 and deducted from it $171,746.90, leaving $89,494.47. Instead of this he takes $391,862.05 and deducts from it $171,746.90, and takes two-thirds of the difference and has $146,743.43, a dittereuce of $57,248.96, and I claim, since it is not correct, that it is an overcharge. (See my testimony, page 1307, bottom of page.) In reference to the number of feet on Pennsylvania avenue, the tes- timony is printed wrong, (page 2027.) It should read "For square west of square 14.'' And since this square contained the greatest eri'or, I submitted a diagram to the com- mittee and explained it. To recapitulate in brief, the square has two lots on Penn- sylvania avenue, numbered 1 and 2. No. 1 contains 138 feet 3 inches. No. 2 contains 101 feet 9 inches, and was divided as follows : 31 feet 9 inches to Chesapeake and Ohio Canal Company, for tow-path, leaving 70 feet of private property. Now add this to the 138 feet 3 inches, and we have 208 feet 3 inches, instead of 178 feet 3 inches as in table; and since his frontage of private property is wrong, his quotient and results are wrong. I referred to no other square, and all the rest relating to squares are wrong, as one can readily see by reading the testimony. COXNECTICUT AVENUE. In reply to Mr. Oertly on this aveutie, I admit that I base all my calculations on the statement that the avenue cost only $110,575.43, and I take this statement from the report ofthe board of public works for 1873, page 84, which states the total cost of this avenue as above stated ; and if this amount is not correct, then I say that the true amount was pur- posely avoided, for the table is prepared with too much care to contain mistakes, (un- intentional.) Mr. Oertly states the auditor gave him $184,773.52 as the cost of the av- enue. If this is so, then the amount forwarded to Congress, $110,575.43, is wrong — which I do not admit, but claim it was the proper amount, as the table was prepared with too much care to contain such a large mistake. I base my calculations on the official reports. On this avenue the board has charged the general fund with two- thirds, besides collectiug from the United States this same amount again, the same as was done on New York avenue. MASSACHUSETTS AND A^ERMONT AVENUES. In reply to his (Oertly's) statement in regard to Massachusetts avenue, I will state that I have not examined it except in regard to errors, as stated in my testimony, page 2024. An error of deduction for this avenue was similar to that made for Penn- sylvania avenue, and which I refer to in my testimony, page 1307, (bottom of page.) The difference is $10,165.35. In reference to Vermont avenue I refer to my testimony, page 2024. Twelflh street. My statement in regard to this sewer is correct. (Testimony, page 2024.) If you will examine contract No. 28, Governor's Answer, pages 242 and ;>4il, you wall find that it was for a sewer from canal to Potomac River ; and the tablejNo. 27, report board, public works 1872, reads from Pennsylvania avenue to Potomac River, and this em- braces the mall. TESTIMONY OF ADOLF CLUSS. 2437 III re^aril to his so\viM--t.ible-i, I still claim that they are wrony;, and that all main sowers siioiild ho oiiiitteil. Do this, and the United .States i)ays A100.41I.ti-> more than the hoard. (See testimony, "iOii'J.) In reply to Mr. Shepherd's statement that one sewer alone cost lifty to sixty thonsand iloUars, I claim that all sewers laid in Georijetowu were charjred to private property and general fnnd; that the two larf^est sewers are on Bridj^e and Beall streets, one costing uin(i thousand and odd dollars, and the other some tweuty-odd hundred dollars; and from all my examinations and inquiries I dud that all the sewers in Georgetown laid by the hoard do not amount in the aggregate to s4ri,(tOO. (In reference to sewers, see Mr. C hiss's testimony.) In Mr. Oertly's statement he states that. I do not find fault with his meth.75(3, by which he multiplies frontage of United States property aud obtains $23,514. :3fi. Now, I claim that this is all wrong, ami that this United States property should not be charged again, especially at a rate .v2.:5.') higher than that paid for by private-property holders. To illustrate h case familiar to your committee, take Pennsylvania avenue, from Fifteenth street to Rock Creek. Now, the United States has paid between Fifteenth street aud Madison Place tive-sixths of the cost, (at the rate of 84.40 iv^j ;) between Madison Place and Jack- sou Place (Lafayette Square) it has paid the whole cost, since United States property (President's House) is opposite. Between Jackson Place aud Seventeenth street the Uuiteil States has paid tive-sixths, at the rate of 84.40,-",, and so on to Rock Creek. Now, Mr. Oertly obtains the quotient of $0,756, as I have descril)ed ; then he takes a rule and map and measures Lafayette Square, aud finds it 706 feet loug ; then executive grounds, l..'y^O, and so on to Rock Creek, and finds 3,4S0 feet of United States property. Now I claim that when the United States has paid the whoh; or tive-sixths, according as to -whether private property is opposite or not, the board of public works has collected all that is justly due; and if it collects auj' more than is justly due by United States, it should be credited to private property. He then takes this 3,480 feet aud multiplies it by S6.75G, aud obtains 8"-i3,514.36, which he charges to United States, aud this I claim is au overcharge. Now since the private property has been charged at the rate of s4.40,',i''ri, which is the trne amount, the rate 86.7.56 of Mr. Oei'tly's, if we multiply the whole feet of private property, will produce a result far in excess of the actual cost. I do uot see that I need change any of my testimony, as I believe it to be correct, (except a few dollars here aud there for advanced ))rice ou brick,) or rather I should say what few mistakes I have noticed have been in favor of the board and not against them, and to make the corrections, the overcharges to the United States would be more. lu regard to the space north of square 15, I was led to the error by a map in Mr. Oertly's room. I tliouglit it was one of the places not inclosed, of which the committee has several instances befiue them. I respectfully call the committee's atteutiou to the fact that I believe, in all th" testimony in n.'gard to what proportion the United States is to pay on avenues, that the board of public works, in all their statements, take the total cost without deducting for intersections to other streets aud to railroads. Adolf ('luss lecalletL My statement in legard to sewers was mainly correct, except that one hill bad been incor[)orate(l in a subsequent bill, au June 1, ltf72. 1700. Asks for $1,500 on account ; approved by J. A. Magruder : paid 1,500 01) June 14 and 1858. On June 14th D. A. Connolly asked for $2,000, and Assistant Engineer Bar- 15, 1872. ney reported that it was perfectly safe to advance the aniouut ; approved by A. R. Shepherd 2, 000 l)U June 22,1872. 1058. On June 11th Connolly asks for measurement between First and Second streets. Engineer R. C. Phillips chaises W. Forsj'th with it, and he reports, on June 21st, 28.376 cubic yards grad- ing, and haul (800 feet) over 200 feet. This measurement is sent in, and on it there is paid : 28,376 yards grading, at 30 cents ; •28,376 yards haul, at 4 cents $9, 047 84 Deduct 20 per cent, retained $1, 929 56 Previous payment on account 4, 500 00 6, 429 .56 3, 218 27 July 5,1872. 2087. Connolly asks, on .June 25th, for $1,929.56, the amount retained as aliove : paid 1. 90C) 5(i July 16,1872. 2204. Connolly asks for measurement between First street east and North Capitol street. Charged by Deputy Eugineer Oertly, W. Forsyth reports total to date, 38,306 cubic yards grading, and 800 feet of haul over 200 feet. Due in full to hini' 1 . $13, 024 04 Payments on account 9, 647 84 Balance ;j, 376 20 July 24, 1872. 2555. Connolly asks for measurement between Eighth and Eleventh streets east. Assistant Forsyth reports 19,555 yards grading, at 30 cents ' $5, 866 50 19,5.55 yards haul, 700 feet over 200 feet, at 'i^ cents 684 42 38,,306 yards grading, at 30 cents " 1 1, 491 80 38,306 yards haul, 800 feet over 200 feet, at 4 cents 1, 532 24 19. 574 96 Received on account Vi. 024 04 Dae 6, 550 &2 Aiulited for 5, 000 00 Nov. 30,1872. 3572. Paid 500 00 Aug. 18, 1872. . August 9th, Connolly asks for measurement between Sixth and Eighth streets east. Forsyth reports 69,713 yards grading, at 30 cents '. .$20, 913 90 69,713 yards haul, 805 feet over 200 feet, at 4 cents 2, 788 .52 23, 702 42 Deduct amount paid 18, -524 04 5, 178 38 — , . 1515. Paid April 4, 1873 .5,178 38 June 3, lte73. . On May 21st Connolly asked for measurement between Fir.st and Second streets. Referred to Barney for report. He reports : " Connolly claims and .superintendent certifies that he has deposited earth on Massa- chusetts avenue, between First and Second streets, to the depth of 4 feet for full width of avenue, which would amount to 13,200 cubic yards. I have no means of verifying this statement, for I know nothing of the original level of the surface, and it is impossible to tell anything about it now. If Mr. Forsyth, who knows all about it, will make'a final meas- urement of grading done on Massachusetts avenue east, between First street and Lincoln Square, to date, we can easily take care of all future estimates. May 29, 1873." This being referred to Forsyth for estimate, he reports : " Respectfully returned. From my knowledge of the work, I consider the amount of 13,200 yards a fair estimate of the work done. June 3, 1873.' Mr. Barney indorses this: "Respectfully re- turned. Estimate to date, on Massachu.setts avenue, is as follows: 13,200 cubic yards earth, 13,200 cubic yards hauled 1,000 feet over 200 feet. June 7, 1873.'' The above haul was based on certificates of superintend- ent of propertv, General Suijerintendent Whittaker, that the earth was hauled fully 1,200 feet. 1868 18C9. Audited for.' 3,000 0& TESTIMONY OF ADOLF CLUSS. 2439 lb cents 4, S43 05 14, 529 15 Total received before arbitration ■S28, 682 42 Awarded by arbitrators, 105,720 cubic yards, computed at 10, 492 94 39, 175 16 Estimate 21, .530 46 Cost 39, 175 16 EXCKSS OVKU ESTIM.VTK 17,644 70 Total paymouts, as perauditor Compiled by iI.\Y26. 1^74. 39, 175 10 ADOLF CLU.SS. Enijineer, meiiiber JJ. }'. W. Yesterday I stated that I had found one overcharge, but this was that of Thomas Morgan, in ]\Iount Vernon square. The overcharge was made, but 1 think the auditor i.s excusable for it. 'Sir. ^Morgan hiid Hag- ging opposite Mount Vernon square, different in workmanship from that on ]Mount \'ernon stjuare, and the bill being referred to me, or rather the charge ])eing referred to nic, I said, it being of similar workmanship, the same price sliould be paid to the poor man that was paid to the rich man. So of course when the bill was settled, and it came down in blank as usual, the auditor allowed the high price for the dressed flagging, but it seems, subse(|uently to the i)rice being fixed by me, and the work be- ing done, the (|uality of the work went down ; so, instead of this 60 cents, it .should have been 34 cents per scjuare foot. This is the mistake, and it is excusable in the auditor that he has done it. He did not know that the change was made. The bill is as follows: I'.WKMKMS l-Olt SIDKW.M.KS .\XI) C.VUKIAI iK-W.V Y.S. WaMiujIoii, />. C, .filly -^A, 1~7;?. Jiourd of I'iMk Worlcs District Cahimhia to Thomas P. Moryati, Dr. :'..U( .si|iiiire yards now brick i)iivciiiciit laid, at •'?1 i>cr yard ?:?>')'.) 00 .")'J."j .s(Hiare yard.s old brick i»avci' yard square yard.s old brick pavement on cdyerelaid, at — cents per yard square yards new cobblestone paveuieut laid, at — cents per yard 2440 AFFAIRS IN THE DISTRICT OF COLUMBIA. square yards old cobblestone pavement relaid, at — cents per yard square feet of tiaggiug for crossings laid, at — cents per foot square feet of flagging for crossings relaid, at — cents per foot 4, 543 running feet 6-inch new curb and setting, at 30 cents per foot . $1, 363 90 running feet — inch old curb and setting, at — cents per foot 3, 517 running feet — inch park curb set, at 15 cents per foot 527 55 running feet — inch curb reset, at — cents per foot 549^^ ruuniug feet 6-iuch granite circular curb and setting, 25 cts. per foot 164 92 running feet — inch old gi-anite circular curb reset, — cents per foot running feet — inch bluestone circular curb and setting, — per foot running feet — inch old bluestone circular curb reset — per foot running feet 12-inch new gutter flag laid, at — cents per foot — running feet 12-inch gutter flag relaid, at — cents per foot running feet 10-inch new gutter flag laid, at — cents per foot running feet 16-inch gutter flag relaid, at — cents per foot 14, 506 cubic yards grading, at 30 cents j)er yard 4, 351 60 cubic yards gradiug, at — cents per yard cubic yards haul, 4,800 feet over 200 feet, at 60 cents per yard 8, 703 60 cubic yards rock excavation, at — cents per yard 9, 513i square yards concrete pavement laid, at $3.20 per yard 30, 442 67 square yards wood pavement laid, at cents per yard square yards graveling, at cents per yard 7, 666 square yards sodding, at 50 cents per yard 3, 833 00 4 chase traps, $1.15 460 00 6 manholes lowered, $5 30 00 50,465 19 I hereby certify that I have measured and inspected the work done by , on the improvement of Mount Vernon Place, bet«"een Seventh and Ninth street, in squares , embraced in the foregoing bill, which work was done under the order of the board of public works, (contract No. ,) and find it correct as to quantity and quality, and that the work has been done and material and labor furnished as per con- tract and specifications. B. OERTLY, Asfilstant Engineer. Dated July 24, 1874. Approved Julv 24, 18T4. A. CLUSS, Engineer B. 1', W., in charge. I certify that the foregoing bill is correct in form, and that the prices are according to contract, and is therefore audited in the sum of . Auditor B. P. TV. Dated , 1874. (Indorsed :) Cert. No. . Account B. P. W. , vol. — , 1874. Pavements for sidewalks and carriage-ways. C. 1874. bill for work done on bet. and . $ . Measurement. After this committee lias gone so much tlirougli the details I thought perhaps I might help their labors, and I have here made up in the evening a cursory statement of the expenditures and dues under the administration of the board of public works from June, 1871, to May, 1874. It is as follows : Cursor)/ stalement of the minimum of e.rpendifure>i and dues under the administration of the board of puhlio tcorks of the District of Columbia from June, 1871, to May, 1874. EXPENDITURES OF THE BOARD OF PUBLIC WORKS. Streets : For curb-setting and curb $1, 160, 000 For brick sidewalks 1, 060, 000 . For concrete sidewalks 30, 000 For flag sidewalks 330,000 LETTER OF COLUMIU'S ALEXANDER. 2441 For gravolcd roails SIGO, 000 For col)lilf.--.st()iie roadway l'-i'>, 000 For bluo-rock paveim-nt' 110,000 For Macdilaiii roadway 22"), 00() For Belj^ian and grauite roads 580, 000 For concrete roadways 1, "SO, 000 For wood pavements •5, ^40, 000 Total 8'.>,07O.O0O For grading ti, 000, 000 For parking :iO0, 000 For main sewers 1,400,000 For pipe-sewers 'J-'>0, 000 For steps, fencings, &c 400,000 For house-raisings ' 200,000 For county t 500,000 For iniscollaneous days' work HOO, 000 For clerks, superintendents, inspectors, otticers, and miscellaneous expenses 1, -500, 000 17,120,000 CLAIMS. For damages wirh changes of grade f>450, 000 Due to laborers 120,000 Due to employes 450, 000 Due to unsettled accounts 200, 000 1, 220, 000 The CiiAiRMAX. Iviglit upou that questiou of flaggiug I have here a letter dated — Wasiiixgtox, October 25, 1873. To the Board or Pnu.ic Works : Gkxti.kmkx : I will thank you to fix the price to be allowed me under my contract, No. 810, with the board for laying the Hag footways at the angles made by the inter- sections t)f New York avenue, Massachusetts avenue, Seventh and K streets, respect- ^' THOMAS P. MORGAN, Contractor. That is tlie ease I refer to. I tind on this letter this iudorseineiit : " Ivespeetfully referred to the eugiueer in charge. By order of the board of public works. Edward Johnson, assistant secretary. O K." That seems to be the general term. " This work is similar to that on ^Mount Vernon Square just opposite, which originally was ]\rr. Morgan's contract. Under the circumstances he ought to be allowed the same price, G.5 cents per s(|uare foot, for all necessary redressing, rejointing, furnishing ma- terial and labor, and for redressing." Signed "Adolf Cluss." The Witness. 1 say there was an overcharge when the work was afterward made different. Mr. Christy. ]\rr. Chairman, some days since we offered a copy of a letter, aiul the gentlemen said they would produce the original and all entries a]>pearing in the minutes in regard to it. They have since re- ]torted that they have been unable to liiul the i)a[»ers ; whether they have looked or not I do not know. Mr. SiANTON. O, no! I have the original. ^Ir. MATTiN(rLY. A\'e admit that it may go in. It was a corresi)Oud- ence between ^Mr. Alexander and the board of public works. It is as follows: Wa>hin(;h»n, 1). C, A'ufTmftrr 25, 1872. 7'. Ih< Ii„ar(l of Puhlic Workn : Gi.NTf.KMKN : I have received the following bills for special taxes, assessed and sent from the " oHice of the board of public works" on tin; '.tth November, dated the r*4:{i).oii. for (rJ feet 8 inches front of 2442 AFFAIRS IN THE DISTRICT OF COLUMBIA. said lot, aud for " coping, steps, walls, &c.," for the same $146.25, and aggregating 1585.31, leaving out the items, as I believe, for a future hill, the water and sewer services or connections. I have no way of ascertaining from the bills rendered whether I am overcharged for the carriage-way and footwaj' from the manner it is made out, or whether the sewer aud water connections are included under the head of "4'-c.," nor do I know all of what is included under the said head of " 4c." I desire to be informed in a busitiess-like way how many yards of carriage-way aud footway I am charged with, and the price per yard for each; how many yards of excavation, and the price per yard ; how nuxny feet of coping, steps and wall ; how mauy feet of curbstone, new aiid'old. was set or furnished, and the price of each. With this view, I therefore re- (juest a bill of items, showing how or in what manner I am taxed for the improve- ments, so called, in front of the property herein referred to. For the board's information, I will state that I know that I have not been allowed for all of the 18 Seneca stone steps which I furnished and paid for in front of said lot, and have the receipt for the saiue, cosibuj sl43 ; nor for the brick wall upon which the steps are set aud setting the same, aud costing me some thirhj-odd dollars more, and for which I have also a receipt ; nor for any portion of the bricks which the contractors took of mine iu front of said premises and relaid the same pavement witb, which are of a peculiar kind and easily distinguished from others, (being Pusey's make,) and which are as good as new brick ; nor have I beeu allowed for the curbstone used, which had beeu but recently, previous to the changt; of the grade of F street, north- west, put down at my cost, aud was as good as new, and therefore reipiest the items above mentioned be measured and estimated correctly, and that I may be allowed for them iu the settlement of this bill as an offset to the exteut of the just amount I may be entitled to preparatory to a settlement of the bill referred to. Also, lots '2, 3, aud 4 iu Winder's subdivision, (sipiare No. 170,) being 27 feet 6 inches front each, ou the same street, aggregating for carriage-way, footway, coping, steps, walls, &c., $738.68 for the three lots referred to, and charging iu said bill for " coping, stei)s" on each of the lots mentioned, when no steps were erected, and thus showing the necessity of a bill of items. The brick in the pavemeut of each of these lots alluded to was relaid with the saiue, and all of the curbstone in front of each of these lots were carried olf bj^ the contractor's employes. I request also that the brick may b& measured aud estimated for, together with the curbstone, aud that a just allowance may be made for them, and credited ou each lot in the settlement of these bills. Please give me an early reply, as I have or apprehend difficulty iu getting sathfaetory and reliable information in tvritimi upon the subjects m^utioued, and previous to the expiration of the thirty days' notification aud issuing of the "certificates of iiidebted- ness against the property assessed " and referred to herein. Very respectfully, COLUMBUS ALEXANDER. Mr. Christy. This committee has uot yet advi.sed me wbetber tlie.se circular-letteis may be used in evidence. Mr. Wilson. We will determine tbat bereafter. Mr. Christy. One otber matter. I made application to tbe commit- tee, as I felt I was under obligation to do, for tbe privilege of offering in evidence a certain part of tbe report of Mr. Meigs of tbe condition of tbe affairs of tbe Freedman's Bank. I advise tbe committee tbat tbe com- mittee in tbe House bave it in tbeir custody, and will produce it at tbe suggestion of tbe committee. I only desire to offer a few entries, and I would be quite willing tbat tbe documents sbould be submitted tirst to tbe committee before I use any part of tliem. Tbe Chairman. Is tbe document in print in tbe House ? Mr. Christy. No, sir ; it is in writing. It was printed in tbe news- liapers. Mr. HuBBELL. It is printed in tbe Congressional Eecord. Mr. Christy. I was not aware of tbat. It is only a few of tbe mat- ters — as it were, connecting links — tbat I desire to offer. Tbe Chair^ian. Hand tbat to tbe committee, Mr. Cbristy, marking sucb portions as you want ptit in evidence, and we will look at it. [To Mi. Mattingly.] I requested some time ago tbat a statement migbt be made of tbe floating debt of tbe board of public works. I do uot tbiuk it has been furnished. TESTIMONY OF Tl.OMAS EVANS. 2-i4:3 3Ir. Maj'TINGlv. This is the first I bare lioard of tliat, siv. We will have it iiuule up, however, and hand it iu. The CiiAimiAN. If it is ready, 1 would like to have it put into the rec- ords to day. We called a few days nyo for the pay-rolls. They are here, r understand. We will examine those and determine as to how much of tlu-ni we will want printed. ^Ir. Wilson: There is a matter about one of these statements in re- gard to printing that ^Ir. Jewett called for some time ago. They were furnished, but one of them was taken away to be copied, I believe. I do not tliiidc it has ever been returned. Mr. IMattingly. I do not know how that is. I know full statements were furnished of everything. Mr. Wilson. Some person connected with the board of public works took away one of those statements, and it has never been returned, to my knowledge. Mr. Mattingly. It is one tiiatcan be suiiplied, I suppose. ]Mr. Christy. Mr. Chairman, I desired ^Ir. Oertl\" to remain a mo- ment to ask him a question. I do not know whether he is iu the room or not. The Chairman. I have sent for ^Ir. Oertly. I do not think tliat he understood that he was to be recalled. I think he must have understood me to disciiarge him finally. ]\Ir. CiiKiS'i'Y, I desire to call .Mr. Oertly and interrogate him in relation to an entry that is found on page 1112 of his testimony, and to explain a part of the voucher that is there. The entire length of sewerage there cau be arrived at in this way — by adding the 873, the ~>\, and the 18 to- gether, giving 9-i2 feet. Now^, within that distance it appears that there were 18 receiving-basins and traps of different patterns. In order to make up this average, we think that he has stated a number of these basins and traps largely in excess of the number actually made or supplied by the board of public works. It becomes very evident, I think, upon compu- tation, they would have to be used about the distance of 52 feet. I am advised that such is not the fact, but that there is a much greater inter- val between them than as appears from the map. The ("HAiRMAN. Do you deem it so important as that you wish INIr. (Jertly to be recalled ' ^Ir. CiiisTKY. It was one of those large elements of controversy be- tween Mr. Hvans and gentlemen. They then settled that as an expla- nation of the diflerence between Mv. Evans and themselves; he has not included these manholes and sewer-traps. The man-holes are included in these, as I understand that. Mr. .MATTiNt^LY. Vou may strike out half of all of them, if you ehoose ; I will agree to most any of them. Mr. CniiiSTY. But, unfortunately, it is too late to be advantaged by the striking out; bills have been made for them. Thomas Evans recalled. It is not so; because it takes over live thousand feet of i)ipe to i)ut all those (juantities in. You can get it on the map. (Question. Make your explanation in regard to that matter. — Answer. It states here [referring to Mr. Oertly's statement | that there are 18 traps an yds. Excess 30,607 yds. 2446 AFFAIRS IN THE DISTRICT OF COLUMBIA. Allowed to contractors, viz: Gleasou.. 159,022 yards grading, at 30 cents $47, 706 60 4,235 yards haul, at U cents 63 52 4,889 yards haul, at bl cents 268 90 130,000 yards haul, at 9 cents 11,700 00 19,898 yards haul, at 22^ cents 4, 447 05 3,177 yards rock, at 70 cents 2, 223 90 Miuiihy . . 14,222 yards grading, at 40 cents 5, 688 80 48,024 yards grading, at 30 cents 14, 407 20 24,320 yards haul, at 5 cents 1, 216 00 37,926 yards haul, at 9 cents 3, 413 34 66, 439 97 24,725 34 $i91,165 31 Charge against the Government. 238,643 yards grading, at 40 cents 95, 457 20 ? ^ „ _ r,^ rno a-\ 238,643 yards haul, at 15 cents 35, 796 45 ^i ^ ^ " ^'' '^^'^ *'^ 688 yards grading, at 30 cents 206 40 X | = 172 00 12,244 yards grading, at 30 cents 3, 673 20 all = 3, 673 20 91,34 63 Excess oyer total cost 182 32 Correct charge against Gorernment. Two-thirds payments to Gleason, work on avenue $44,293 31 Two-thirds payments to Murphy, work on avenue 10, 808 89 Five-sixths payments to Murphy, work outside Stanton place 3,522 17 All payments to Murphy, work inside Stanton place 4, 285 40 62, 909 77 Actual chai'ge against the Government, as above 91, 347 63 Excess 28,437 86 The committee here retired for consultation, and upon re-assemblin*;, the chairman said: "The committee instruct me to say that the testi- mony is now closed with the exception of the matter of Mr. Kilbourn, and the matter of Mr. Gibson. The committee not being at present full, do not deem themselves at liberty to decide upon those questions, and no action will therefore be taken upon them until the return of Judges Thurmau and Jewett. If we conclude to call the parties, we will do so hereafter. We may require some further information from members of the board as to figures and details; if so, we will expect gentlemen to furnish us with those details. We will now say to counsel that all the papers and docitinents which have been ordered into this building may be returned to the District government, and if we again desire to look at them, they must be furnished to us. So far as public sessions of this committee are conceriied, we will now adjourn without day. No. 1. Board of Public Wouks, District 'of Columbia, Washington, May 28, 1874. Hon. W. B. Alllsox, Chairman, <.fc. : Sir: I send herewith a statement of the floating debt of the board of public works, made up to the 9th of May, 1874. Very respectfully, your obedient siervant, JAMES A. MAGRUDER, Treasurer Board of Public Works. FLOATING DKHT OK KOAKD OF ITBLIC WORKS. 2447 No. -2. Slattmenl of Ihf Jiontinr/ iiidehttdiitHS of the hoard of public ivorks iqi to and ii chiding Slay ;», 1874. Total amount of auditor's cortilicatps i.ssued to date 8l^,2f.(),00S 01 Total amouut of autlitoi's CLitilicates paid to date 14, (571, 0.').'5 8-2 Total auiouut of aiulitoi's cfitlHcates outstaudiiij^ !', ."i88, [);Vi 19 Total auiouut of hoard cert ideates outstanding "204,100 00 Total aiuonut of certificates of indebtedness outstaudiug 3, 793, 0.52 19 Approximate amount of unaudited accounts 3.30. 000 00 Due employes 110,(190 03 Due laborers 128, 281 (53 \V\\U payable 518, 8G2 74 Total 4,900,8^^) 59 Correct : J. C. LAY, Auditor Board of Public Works. JAMES A. MAGKUDER, Treasurer Board of I'ithlic Works, No. 3. Wasiiingtox, April 4, 1874. Sik: Having been one of the trustees of the colored schools for three years, ending .July 1, 1571, 1 feel it my duty to submit the following to your consideration : In the official record of the honorable committee over which you preside, on page 134, and under date of March 19, 1874, I find a communication signed Henry Johnson, at i)resent one of the trustees of the colored .schools, in which he states that on the 30th of June, 1871, the actual indebtedness was .§40,793.28. This, I ask permission to say, is incorrectly stated. It is true, however, that during the following year ending July 1, 1872, there was to be an indebtedness of 837,7(33.(5(5, which amount was provided for by the legislative assembly in an act approved August 23, 1871. By the above statement, it will be .seen that the rinaucial embarrassments mentioned by Mr. Johnson could not, as they were not, caused by the former trustees. I would again assert that all the obligations of the board had been settled prior to the date of my ceasing to be a member of the board. With regard to the statement which Mr. Johnson makes, that I hold a certificate for he sum of -822,029.19, I positively declare that I do not hold any such paper : it was given to me in May, 1871, and 1 immediately deposited it in the Freedman's Bank, as you will tind by referring to my othcial report printed in the council journal of the tir.st ses.siou of the legislative assembly, page 101. I have the honor to lie, sir, your obedient servant, WILLIAM SYPllAX. Hon. Wir.i.iA.M B. A[.r,TSf>x, ['. S. S., Chairman Joint ( mnmittit' mi Jffairs District C'llmnhiii 2448 AFFAIRS IN THE DISTRICT OF COLUMBIA. ja ';z o^S 00 -^ Ci n in •V c ■- ^ •« (, L- ^ -S rt ic Tl — . =; — ■- %; t^ o z^ .z -^ y. ~A T. ?- "S T ir» o ^. — = - ^- c r. 71 r-: — .-- %; - bC r- OD -»■ rt v: -1 X — i- j_ -r i- — .-. i- .: c» ~--^^~^ ■ n --x .i.-TC.-=;-r-.,-i:c — -rj^oir o .2 -JO !0 C! -. = — 1- -^ .- ::; =; -^ -^ ro ot a in ^ tr i- o X-* — -*~ — — — -? — — L"^ to 'N ^^ c !^ ■r: C-. ~i -z. -M jj — u- x ^ h: -T L-: t- i •^ > a =5 S tOtOOOt-t^-— — « C5.-4toX(> in a; 1 "= '?» o ri o in CO t- cj sin n u"i-rri"T- t^ "s < S^ '^ to o ic r5 • o 03 ;5 <=t -3 m Ol o 01 ^ ^^ tr* Q n a *^ fO -*^ wo o ■^ t^ to CJ o X -• ^ 1 ^v rt ir; •V ro X o .S r- O . o X t- —1 = J s > ii,■■-;:>■■> > *■ p P ? r- r r- r- r- 1 w ts £r.SSt^Sg§ X rr o C( to -a- to a\ to" to Ln"— Tc. — "cf i-T «» CI C< TH to X .n o in o o o o c: CI o r' o o Ci c^ o o m CI in TM X C O CO to TI" to CJ 2'^! S"'^"'^" "" t^^ c o C5 »^ Ci CO r: ^? L* ro c: GO CO i~- C'J —. -- 00 ^ .Sag yi^ g >-a S X ► > S = "' "^ ^~ g O O S - O PAYMENTS FOR PRINTING AND ADVERTISING. 2449 =^ X X - -o X • X o ■r< X ro -i = c X 2 i 1-5 c 1 - - .^ 5 r~ ° 5 '""■ 5 2 S '^ - X -i_ - -C — ri .J: -r -r -o (Jl ^ ji i .-i ' ■ A. i< ^ A n \^ 3 n 00 r 1 s 1 cT j o j 00 1 1 ? • ao 00 TO is L-5 of 00 si" 3 3 TO ^ f TO n 1 1- TO n o oc a 1 it -5 SI § i II 5 3 n o ?- ^i'- 7? 2 t- -"7 c o = o -r -r -^c 11 -T — TO 1- % 5 O ■r-c 3 t E E %■% « o a < 4 c _c 1 1 1 1 o "a = r '3 i I ■ i r c 3 1 e X " ^ — ■ — — y - ^ it S o a.- = ? c .t; = :?«.2"3 jj « g « go d ■3jr £ EfJ o WQ S-^ i. ."■ o , =3 — " t. o _o '^^_>-'= j !^ ^^ c s « T'^ H'lilll ^ ^ O S^ C3 C ^5^ 111 SF 5 = ° £ S 2 :;^, ? IS ' « a ■r =— 5 "» * ^ fc 3 a«•^«■- -cJv:: s ".-E o o 3 ; (^ — C X .f. 2 2 Sf-^-grta « X rt O u ^'13 ■ |>. a^o--«^-^-g^ y ii-ri'illli 5 2 B £"£•« a o t^ . s »1 o.«g S ? = s E'ao^J.s = 1? aoa iJacS" !=- S 'c; -- . ^ 2 - >-. (o a to ». = — ■—■ -' '^■^ •' - i^ £.— M a 5 c 2-af 3 5 c:--? •*,-?'-> *^-2 S St a °^ ? o Sa •*" tf-a a.sS«^St,co oc.tiaO-wBs_^coi 0*7'— _ S ^"«*C a— ;i o -.== 5-= ?'?? = = = 5 ^ ^Ca-~«2f^52 ■S o o . :- •' ^ T ' >. i- - — . , c £ — ^ — t. H 5 "^ Hiii'5 C- S-r aZI jr r- « '' a « i F a = i -^ S: -r »: 2 a i" o s Vt\ D C T 2450 AFFAIRS IN THE DISTRICT OF COLUMBIA. Advertising. Date. Number of voucher. 1871. Aug. 31 o 31 4 31 .'■) 31 6 Sept. 2 17 5 25 5 27 9 49 13 38 13 .'■>9 13 72 18 !)3 18 94 19 95 20 99 19 96 21 105 2-2 106 26 135 26 141 26 176 Oct. 2 192 3 198 10 241 13 254 14 267 25 320 25 321 25 322 26 33H Nov. 28 364 7 419 18 433 11 450 Dec. 2 .'')96 4 745 9 808 21 915 21 920 22 940 1872. Jan. 18 164 19 174 26 263 Feb. 2 318 6 372 8 388 8 436 16 . 481 17 498 19 20 500 510 Mar. 21 1 6 13 19 26 30 Apr. 16 20 May 10 16 18 22 27 June 4 18 21 22 22 22 July 12 Aug 536 589 911 966 995 1010 1037 1133 1235 1444 1498 1513 1633 1659 1767 1881 1918 1945 1956 1963 2230 2314 2562 25^2 2C35 2728 Sunday Herald Sunday Gazetto Sunday Chronicle "Washingtoner Auzeiger New National Era The Capital Evening Star Wa8hin<;toner Anzeiger Chronicle Publishing Company do ■ Washingtoner Anzeiger Evening Star, (M street commission) Evening Star Sunday Herald Evening Star Georgetown Courier Washington Times do "Washingtoner Anzeiger Patriot , Critic Sunday Chronicle Kopublican Sunday Herald Sunday Gazetto Georgetown Courier Columbia do do Evening Star Sunday Herald New Xatiiinal Era Chiiiniile Publishing Company AVashingtoner Anzeiger Georgetown Courier Suniiav Clironicle The I'liiiital Sunilav ("lirouicle Washington Times Chronicle Publishing Comi»any Patriot National Republican Sunday Herald National Itepublican Evening Star The Times Georgetown Courier Sunday Gazette New York Times Snndav Chronicle Philadelphia City Item SiiiKhiy Herald Xation;il Kepublican I'hiladelphia Press Patriot Boston Journal Chronicle Publishing Company New N:itional Kra '. National i;ei)nlilicaii Sunday ('hrouicle National Kopublican Georgetown Courier Sunday Herald Sunday Gazette Sunday Chronicle Nationnl Republican TheTinies Snn Amount of hills, 1873 3, 360 18 Amount of bilLs, 1874 977 64 Total 12, 718 22 2452 AFFAIRS IN THE DISTRICT OF COLUMBIA? Job printing — blanks and blank bookf. Date. 1871. Sept. 13 28 Oct. 3 Nov. 18 18 Dec. 22 27 29 30 30 1872. Jan. 19 Feb. 28 Mar. 1 23 May 3 June 1 4 July 1 6 12 12 19 Aug. 9 Nov. 30 Dec. 7 1873. Jan. 23 Feb. 10 10 13 27 Mar. 31 May 9 Sept. 6 17 24 Nov. 25 1874. Feb. 7 Mar. 5 12 Number of voucher. 57 to 69 171 199 365 to 367 431 to 435 941 to 943 1036 1050 to 1059 I060tol06.i 1070 175 to 177 580 590 1001 1359 to 1361 1691 1735 2029 2134 2308 2218 2312 2660 & 2661 3575 3608 388 098 707 760 1047 1457 1735 2825 2977 3077 4031 592 801 to 808 941 To whom paid. Chronicle Publishing Company. do do do do do do National Republican Gibson & Brothers Chronicle Publishing Company National Eepublican Gibson Brothers National Eepublican do do Gibson Brothers do National Republican do Chronicle Publishing Company. National Republican do do do Gibson Brothers. National Republican , do National Republican, (report) Reed & Woodward National Republican, (report) , Gibson Brothers National Republican do do Gibson Brothers do Chronicle Publishing Company, (report) , National Republican do Amount. Total 2, 281 00 Total 2, .531 2 Total 7, 134 9 Total... 9,540 63 RECAPITULATION. Amount paid for printing in 1871 $2, 281 00 Amount paid for printing in 1872 2, 531 25 Amount paid for printing in 1873 7, 134 95 Amount paid for ijriuting in 1874 9, 540 63 Total 21,487 83 ENGKAVING AXD PKINTING. Date. No. of voucher. To whom paid. Amount. Dec. 9, 1872 3693 1718 2707 3381 4186 |2, 500 00 May 3, 1873 do 1,601 30 Aug. 29, 1873 do 800 00 Oct. 13, 1873 do 1,702 20 Dec. 2, 1873 do . 1, 167 00 Total 7, 770 50 ESTIMATES FOK AITROPKIATIONS. 2453 11 Q 00 <;:> ;. c 5 ^ ^ O 1-. «- ■*^ ■I! "^ CO '"' 1 =0 O Ci S' * S! •2 r* .s «■■? 5 ^ o "^ ^ p" ~ ^ ^ ■«- S 2-. I ^ .2 ^ •— r" « £ £-.2 ^ i'-^ 2 ? ~5 '5 = £'=»' » It 2 OS "I o| = S a o ""..2 a-, 2 K<"* > xejjo9?BH^ OgB ©00.2 g XBJJ0 9:jBJJ a — i. a.' XBJJ0 91T?}! C = O 3 o o oo o o s o c c: = o o o o o « o 0^0(M0000 o oooo ^ 500000 oooooo=o ooorrooo.- O t- l~ L'V O O 5» ! ^ ooorroooo o o(^o O OO o o *n O I- _ . I- o 0» 00 -r o t- -T 1- ; • -o — c. r: o o o o r- o 0:000 0000 I-— O L-^ o o o t- OJUT O oo 50000000000 50000000000 o o 000000000 ^-' ^.J ^^ ^— ' ^^ ^^ — ^ ^J ^^ >r. <^; ^^ 000000000 i^ 00 o o 1^ it; o t— « 10 it: *^ o oo 00000000000000 poooooocoooooo cooooooooooooo (OOOOOOOOO'TfOOOO o*^i-*"Tr"c;'v»r:in:c«-0 77; Ot- O o c o •J a 2 " ? = ^ « X 1 af-"i;«°*.*x??«=::'o H ?i = « eta. ° " - a!t: 3 ? ■^' - ^ o '= 5 'a S S If"" a !" 3 S ,= § " " H» 2454 AFFAIRS IN THE DISTRICT OF COLUMBIA. 0= • oo a o o o c -I- in o o i- l.O o CO o OOOOO'5'G^OO.t^r-i o CJ CO ® © tct.S •r »--ooir;«ooooio o CS d 1 L-^Ot-O— 'COOOC^GTJ O CO a ly ^ iCC^COTTlOOOOOf-O ■^'' cT oo" GO t-^ o" o" o ■^'" rf o o" i--" k 1 > 00^3 Of(?J-TrH,HaU^ a oj ii 3 a-" 00 cC s ^ CM o ■xB}jo9jT?a: "S'S a O rH Sga C 00 « O -^ o o . O o ■^ M S o p CO CO u "" a CT >rj CC i C5| a; CO S 1^^ cT t-" c^ crT i 1-" o2 ■^ » r-i CM CO .2 >5 5 o •xBuoojBa 1 © -.2 o ^ Q t- CD CC § a o 00 ° O •s "So . 5 "= rt s o o CO 1- o g o t» f?^ rs •I*" 00 o" Tt" co" o" A ffi OD ^ o •V oo 00 o p «*^ CO o in •xuijoa^BH I '^ ^/^ ■ o o c loll o o o -H T)< loo o h-ir CTJ o o ^ O O CD O -^ = O O O 00 ^ 0( o o t- .- ■^ o o o O O « X r^ .H c O 'J" C-. o CO cr a P t— ' ^ o -^ rH ^ rH oo- c; o cf c m LO" o'ttCM" cTt- I- ^ ^i w c Q> c "H o o o c c 0000 1.-5 100000 c o o c m a 05 o o c <= OOOOU1--OOOC c o o oooco « g O) o o c ^ T--OOC*(M»0 0000 ^ o o c= oo — oc -1 cC .5 « oo<= IC'^i^'^lOOOOOO CC o o O O CO o tX) T o »r ■ o ic o in oc c o oo c OOO CM O (M o c o oo c c O O O O CC CO oo l- (^ .i: ** o o :rj c O CO in — ^3 O ^ o o t- 2 osJir c oo lo -r o t- o i--r 1 «s aT-TiT f O-O-CO-f-'-NtO co'cN - ,, 1 ^- c« O ^CTir ac O^ CM <>» O Tl CM yj r-. r-l c 1 ^ c3 O o o o "73 a ,c gr •^ 3 ^■og ^ o §-=M 't^ CD n rK a 1 a °3 p a ; ^1 ! 1 a o o a o ^ a H a o a o ■n o.":3 ; 3 3 a a '3 .« a a 1 = 3- a S cj oj c3 a> a r is- O 2 r c n e ;^ a. . "c o|^;2gg^f,|a^ 9; 3 tt-^ Si --.r; r'~- i J ;:5 t^ M o IIP liii 1 -2 9 a o H i§ o u t-ls cS If 1 c3 e s ;; P^ K (^ X cr (^ -a p= ^ O ESTIMATES FOR AITKOPKIATIONS. 2455 o o OS o 00 ■£ 1 1 1 1 § i [ 1 ! 1 1 § o § o n in 00 5i txT o - g s u o o § g OS of -J o in - - - T "Z. c c "3 ; 1 n a 1 c 1 J = 2456 AFFAIRS IN THE DISTRICT OF COLUMBIA. District of Columbia, Comptroller's Office, Washington, June 8, 1874. Sir : I have the honor to forward herewith, as requested by your communication of the 5th instant, a statement in detiil of the interest on the bonds and stocks of the government of the District of Columbia and of the late corporations of Washington and Georgetown due and payable, in currency, July 1, 1874, calculating gold at 12A per cent, premium, aggregating $256,238.45. Very respectfully, your obedient servant, GEO. E. BAKER, Comptroller of the District of Columbia. Hon. Wm. B. Allison, United States Senate, Chairman Joint Committee Investigating Affairs District of Columhiu. Statement in detail of the interest on the bonds and stochs of the government of the District of Columbia, and of the late corporations of Washington and Georgetown due and payable, in currency, on the 1st day of July, 1874. Interest. Bonds is- sued '>*J, ^00 1,450,000 One-liftli of these fall due July 1, 1 874, is $290, 000 Interest for six mouths ou §1,450,000, 4 per ceut 58, 000 July 1, 1874, due ou this account 348,000 St'icer-ceriiftca tes. Is,sued on this account - 2, 120,000 Less amount received as taxes 500, 000 Less amount held by District of Columbia 80,000 Less amount held by board of public works, hypothecated for loan, $225,000 450,000 1,030,000 Amount outstanding 1,090,000 Of which one-fifth fall due July 1, 1874 $218, 000 Interest for six months on $1,090,000 due July 1, 1874 43, 600 J Illy 1, 1874, due on this account 2G1 , GOO Due ou account of 8 per cent, certificates, July 1, 1874 348, 000 Due ou account of sewer-certificates, July 1, 1874 2G1 , 600 Total 609,600 All of above will be re-imbursed from assessment certificates when collected and available. Tahle of taxes produced, at rates from one-fourth of one eent up to two dollars on each one hundred dollars, on estimated valuations for the assessment made on the real estate and im- provements in the cities of Washiw/ton and Georgetown, and the county of Washington, com- prising the District of Columbia, for the fiscal year ending June 30, 1875. Eate of tax on each $100. Washington City; val., e«2,102,000. City Georgetown; vill., §6,382,300. "Washington Co. ; val., 19,746,800. Aggregate val na- tion, §98, 231,100. lo.ooi S2, 0.52 55 4, 105 10 6, 157 65 8, 210 20 16, 420 40 24, 630 60 32, 840 80 41,051 00 82, 102 00 123, 1.53 00 164, 204 00 20.5,255 00 246, 306 00 287, 357 CO 328, 408 00 36!), 4.59 00 410, 510 00 4.51, .561 00 492, 012 00 .533, 6C3 00 .574,714 00 615, 765 00 0.5(i, 816 00 097, 867 00 738,018 00 779, 969 00 821,020 00 1,042,040 00 .$1.59 56 319 11 478 67 63? 23 1,276 46 1,914 69 2, 5.52 92 3,191 15 (i, 382 .30 9, 573 45 12, 764 60 15, 9.55 75 19, 140 90 22, 338 05 25, 529 20 28, 7^.0 35 31,911 .50 35. 102 05 38,293 80 41, 484 95 44,670 10 47, 867 25 51,0.58 40 .54,219 .55 .57, 440 70 60,631 85 63, 823 00 127, 64t; 00 .S243 67 487 34 731 01 974 m 1,949 30 2, 924 04 3, 898 72 4, 873 40 9, 746 HO 14, 620 20 19, 493 60 24, 367 00 29, 240 40 34, 113 80 38, 987 20 43, 860 60 48, 734 00 53, 607 40 58, 480 80 63, 354 20 68, 227 60 73, 101 00 77,974 40 82, 847 80 87,721 20 92, .594 60 97, 468 00 194, 936 00 $2, 555 78 0. OOi 4,911 .55 O.OOi 7, .367 33 0.01 9.823 11 0. 02 19,646 22 0.03 0.04 0.05 0. 10 29, 469 33 39,292 44 49,115 45 98,231 10 0. 15 147,346 65 0.20 0. 25 196, 462 20 245, .577 75 0.30 0.35 0. 40 291,693 30 343, 808 85 392, 924 40 0.45 0. 50 0.,55 0. (iO 442, 039 95 491, 155 50 540.271 05 589,386 60 0.«5 0. 70 0.75 638, .502 15 0.S7, 617 70 736, 733 25 O.fO 0. t<5 0. 90 0. and Ohio, nalliinore and Potomac, and tlu) Washington City and Point LookoiitTiiailroad Conipauics, returned by the assc.><.sor« a.-* taxable. 155 D C T 2458 AFFAIRS IN THE DISTRICT OF COLUMBIA. District of Coiamuia, Comptkolleh's Oi'I'kk, IVashirigton, June U, 1874. Sik: I have the Louor to furnisb bere-witb astateiiieut of the number of the officers and employes of the government of the District of Columbia, with their annual salaries, and the aggregates for one month. I am, very respectfully, your obedient servant, GEO. E. BAKER, Comptroller of ihc District of Cohimhia. Hon. \Vm. B. Am-lsox, U. S. S., Chairman Joint Committee Inrestigaiinf/ Affairs of JJistriet of Cotiimhiu. Statement of number and salaries for one month of the offieers and employes of the gocern- ment of the District of Columbia, as allowed and fixed by the acts of the legislative as- sembly. Ucpartuient and rank. EXECUTIVE. Officer Do Officers '. Deputies, &c Clerks Do Coroner Clerks, &c Assessors and garbaj^e-collectors Messengers, &c Market-masters, &c Lamplighters, «fcc Assistant market-masters, &c Treasurer common-school fund Commissioners Washington Asylum Inspectors of coal Sealers of weights and measures Total executive rOI.ICK DEPARTMENT. ]\[ajor and superintendent Commissioners Treasurer Secretary, property-clerk, and inspector Superintendent police-telegraph Clerks Surgeons Lieutenants , Detectives SPTgeants Privates Laborers Total police ITKE DEI'AliTMEST. Commissioners Chief engineer Assistant engineer Su])eriutendent fire-alarm telegraph Operators fire-alarm telegraph Secretaiy and treasuier Foremen and engineers Tillermen, hostlers, and firemen Privates Total tire department 1 4 1 3 1 3 3 10 20 200 10 Salaries. Annual. $5, 000 00 4,000 00 3,000 00 2, 000 00 1, 800 00 1, 500 00 1, 250 00 1,200 00 1, 000 00 900 00 800 00 600 00 500 00 400 00 250 00 200 00 100 00 990 00 245 00 300 (10 720 00 C20 00 620 00 270 00 540 00 660 00 510 00 480 00 360 00 200 00 1,500 00 1,200 00 1, 500 00 1, 200 00 1, 000 00 1,000 00 800 00 720 00 Monthly aggregates. ijillG 67 333 33 1, 500 00 1,333 33 750 00 1, 125 00 104 17 500 00 2, 166 67 1, 050 00 133 33 2, 100 00 166 67 33 33 H3 33 33 33 16 67 12, 345 83 82 50 81 67 25 00 180 00 51 67 155 00 67 50 450 00 330 00 850 00 8, 000 00 300 00 10, 573 34 116 67 125 00 100 00 125 00 200 00 83 33 916 67 800 00 2, 160)> 4, 626 6' SALARIES OF OFFICERS AND EMPLOYES. 2450 SlalcmiHt of iniinber and salaries fur one mouth of the o£iccni and employes, cjc. — Contiuued. Drpartiucut aud rank. M 8 a Salaries. Annual. Monthly agsiCKates. SCHOOL?. W.VSIIIXGTON. 1 1 1 1 1 1 1 2 o 6 4 li 3 21 19 17 26 15 :52, OtJO 00 800 00 200 00 1, 000 00 800 00 720 00 4U 00 300 00 1,800 00 1, 750 00 1, 200 00 I, 000 00 9,W 00 900 00 850 00 800 00 750 00 700 00 C.50 00 600 00 550 00 250 00 $166 07 66 67 16 67 166 67 66 67 Do 60 00 Do 37 00 Do 25 00 300 00 Do 291 67 Do 600 00 Do 333 33 Do 158 33 Do 900 00 Do 212 50 Do 1,400 00 Do 1, 187 50 Do 991 67 1,408 33 Do 750 00 641 67 Do a3 33 156 9, 863 68 1, 000 00 500 00 200 00 1, 100 00 1, 000 00 800 00 700 00 650 00 400 00 60 00 SCHOOLS, GEOUdCTOWX. 83 33 41 67 16 67 91 67 Do 83 33 1:J3 33 Do 116 06 Do 216 67 Assistant teachers 133 33 20 00 21 936 67 1 15 13 28 500 00 900 00 600 00 30 00 41 67 1, 125 00 Do 650 00 Janitorn 70 00 Total county schools 57 1, 886 67 RECAPITULATIOX. Departments. Ksfloitive Police departnieut . . Fire department , . . . . .Schools, WaHhin;;ton Schools, Goorfrotowu School.s, county Grand total No. Amonnt. 139 262 72 156 21 57 112, 345 ai 10 573 34 4 626 67 9, 863 68 936 67 1 886 67 707 40, 232 86 CoMrTKOui.Kic's Oi-KK i;, D. C, Mashitufin,,, Jimc •>, Hf.l. GEO. E. BAKER. Comptroller D. C. 2460 AFFAIRS IN THE DISTRICT OF COLUMBIA. Sttmmary staicmoit of emploiii's in Ihc hoard of puhlle ivorln, niih ><(ihtr'ufi, taliug the monih of Mail, 1^*4, ax a baHix. (.'ompensation. IJank. Per annum. Per diem. Per month Superintendent of assessments Assistant superintendent of assessments. Paymaster Auditor Three assistant engineers Superintendent of roads Sn])