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The CHAIEMAN. How does that compare with last year?
Judge AUKAM. That is four or five hundred more than we had before.
The CHAIRMAN. Can you give us a correct record ?
Judge AUKAM. Yes, sir. Record shows that from June 1, 1920, to January 31, 1921, both inclusive, 15,642 cases; that from June 1, 1921, to January 31, 1922, both inclusive, 17,488 cases, making a total increase of 1,845 cases. The amount of the fees have made the court self-supporting, except the $10,000 for the cost of the jury. These fees are very small, a dollar and something in a case. The jurisdiction now is $1,000. Out of the 15,000 cases tried since the jury system went into effect less than per cent of the cases have been tried by jury, the rest having been tried without a jury.
CONTINGENT AND MISCELLANEOUS EXPENSES.
Mr. RUDOLPH. We ask for an appropriation of $5,000 to bring the total up to what was asked by the commissioners last year, namely, $50,000.
The CHAIRMAN. That is not a deficiency? Mr. RUDOLPH. Not yet; no, sir. Our offices are not functioning effectively for the reason that we can not get proper and adequate equipment and supplies. The CHAIRMAN. You asked for $50,000 and were given $45,000! Mr. RUDOLPH. Yes, sir.
The CHAIRMAN. You were given $45,000 in 1919, $45,000 in 1920, and $45,700 in 1921; you had a deficiency of $2,500 ?
Mr. RUDOLPH. Yes, sir.
The CHAIRMAN. The only reason you are coming back for this $5,000 is that the estimate you made for 1922 was cut $5,000?
Mr. RUDOLPH. Yes, sir; we need the extra $5,000.
The CHAIRMAN. In other words, you want to make the appropriation instead of having Congress do it?
Mr. RUDOLPH. No, sir: I have no such desire.
The CHAIRMAN. What is the justification for asking for the deficiency? It is not a deficiency.
Mr. RUDOLPH. No; it is not.
Mr. RUDOLPH. There is $14.000 left for the four months, as I recall it.
The CHAIRMAN. How does that compare with the amount you allotted quarterly!
Mr. RUDOLPH. We allotted approximately $11.250 per quarter; about eight-twelfths of the total appropriation has been expended. The CHAIRMAN. You have lived within your allotment! Mr. RUDOLPH. We are going to; there is no question about that.
Col. KELLER. A part of that item comes through the increased activities of the building and plumbing inspection, due to the greatly enlarged building activities, and the same applies to the surveyor's office.
The CHAIRMAN. $5,000?
The CHAIRMAN. There is no use of making appropriations at the beginning of the fiscal year and then coming back for the rest of it in the middle of the year. If we are going to have appropriations we will have to live within the appropriations. That is the way I feel about it.
GENERAL ADVERTISING, ETC.
Mr. Doxovax. The next two items represent actual deficiencies in appropriations and also further represent amounts of audited claims. For the fiscal year 1921, $8, general advertising. You will note that the text of the appropriation reads, “ advertising authorized and required by law." The item of $8 is due a publication known as the Oil, Paint, and Drug Reporter.
The CHAIRMAX. Would that have been paid if you had had the bill in time?
Mr. Donovan. No, sir; this is an actual deficiency in the appropriation.
The CHAIRMAX. Why did you not get that in before?
Mr. Doxovax. Because the bill was not presented. You will notice that in 1921 we had a deficiency of $2,500. That amount has been fully expended.
The CHAIRMAN. So if this bill had been submitted in time you would not have had the money to pay it?
Mr. Donovan. It is an actual deficiency.
Mr. DONOVAN. For the fiscal year 1921, $1,746.22. That amount also represents an actual deficiency in the appropriation, and is covered by audited claims in the auditor's office.
The CHAIRMAN. Would you have had the money to pay those if the bills were rendered in time?
Mr. Donovan. No; that also is an actual deficiency. There is no appropriation left to pay these accounts.
The CHAIRMAN. Why did you not get that in sooner?
Mr. DONOVAN. You will notice that in 1921-that is the year I am speaking of- we had a deficiency of $2,500. We asked for that amount in advanre, knowing that we would have a deficiency in the appropriation. Subsequently these various bills were submitted. which exceeded the deficiency appropriation of $2,500 by $1,746.29.
The CHAIRMAN. Do you not keep a record of the obligations you create?
Mr. Donovax. We do; yes, sir. We keep a record, but it is very hard to keep a record of advertisements, because it is extremely difficult to determine the number of lines that may appear in the several advertisements.
The CHAIRMAN. Do yoti not get a rate from the newspapers?
Mr. DONOVAN. Yes, sir; we pay the rates fixed by the several papers.
The CHAIRMAN. It seems to me that when you pay their own rates you should know how much you are contracting to pay.
Mr. Donovan. We only insert advertisements that the law requires us to.
Mr. Sisson. Do you not have a legal rate, so much a line for advertisements ?
Mr. Donovan. For court advertising there is a rate fixed by the court. For advertising for the District we accept the rates established by the several publications, and our advertising is not confined to the District of Columbia, as we are required to advertise in New York, Philadelphia, and Baltimore.
The Chairman. Do you not keep a record of the expense you incur so you know at the end of the year what the expense should be?
Mr. 'Donovan. We do with every other appropriation, but the charges are too indefinite to establish advance estimates of obligations for advertising in newspapers.
The CHAIRMAN. Here is a total appropriation of only $6,000 and it seems to me that you ought to be able to keep the obligations against that without any trouble. You should be able to tell when you get through with the advertising how much you owe.
Mr. Donovan. We do know. We asked for an appropriation of $2,500 six months in advance of the close of the fiscal year and assumed that would be a sufficient amount of money, but as it subsequently developed, it was not sufficient.
The CHAIRMAN. You do not have any evidence, any knowledge of what these obligations would amount to at the time you incur the obligations?
Mr. Donovan. No. We now know what the obligations amount to.
The CHAIRMAN. But you should have that before you when the contract is made.
Mr. DONOVAN. We do not enter into a contract.
The CHAIRMAN. You must make a contract when you give the order.
Mr. Donovan. That might be construed as a contract in each case.
Mr. Sisson. I did not know before, that there was no legal rate fixed for advertising required by law. You are sure there is no legal rate in the District ?
Mr. Donovan. The only law we have on the subject is one which provides that we shall not pay a greater rate for our advertising than rates charged for commercial advertising of a similar character.
Mr. Sisson. Do you investigate that matter?
Mr. Donovan. We do. We require an affidavit to be filed showing the rates and also a statement to the effect that those are the rates charged for commercial advertising of a similar kind.
Mr. Sisson. Do they make an affidavit and attach it to the bill?
Mr. DONOVAN. I have not the nature of the advertisements, but I can tell from the names of the newspapers about what they were. The New York World, $111.60; the New York Sun, $93; the Engineering News-Record, $8; the New York Times, $90; the Globe and Commercial Advertiser, $28.80; the Evening Bulletin (Philadelphia), $75.60; the Record Publishing Co., $65.10; the North American Co., $54.60; the News Publishing Co. (Baltimore), $48
Mr. Sisson (interposing). What are those advertisements for?
Mr. DONOVAN. Advertisements for proposals which under the law we are required to publish in newspapers in New York, Baltimore, and Philadelphia, in addition to Washington.
The CHAIRMAN. Proposals for contracts to be let?
Mr. Donovan. Yes, sir; for all kinds of construction work, buildings, etc.
The CHAIRMAN. When you put an advertisement in the paper, have you not some means of telling what it will cost ?
Mr. Donovan. No; we probably could estimate the cost in ad-
The CHAIRMAN. You evidently do not keep any accounts; you wait until the bills come in?
Mr. Donovan. That is true in this particular case. We have not attempted to ascertain in advance the probable liabilities represented by the several advertisements.
The CHAIRMAN. You do not have to admit that, anybody can
Mr. Sisson. I really think there has been some little negligence. You should know in advance of making the advertisements what the rate would be, so you could figure the number of words or lines. and know in advance what it would cost ?
Mr. DONOVAN. We could only estimate as to the number of lines. We know the rates.
Mr. Sisson. You could not get at it accurately?
The CHAIRMAN. If you put an advertisement in a paper you can write to the paper and ask them what the bill is?
Mr. DONOVAN. Yes, sir.
Mr. Sisson. I would want to be able to check that up and determine whether the bill rendered was correct.
The CHAIRMAN. I think this is a very careless way to do business. I will just say that. Of course, it does not involve a great deal, but it shows a laxity in the office.
Mr. Doxovan. We keep the obligations entirely separate from the appropriation where the amounts are approximately definite in advance, but in this particular case we do not. Hereafter it will be done.
OPERATION AND MAINTENANCE OF PUMPING SERVICE.
The CHAIRMAN. The next item is “ Sewers "?
Col. KELLER. That is for the operation and maintenance of the sewage pumping service.
The CHAIRMAN. What is the reason for this increase?
Col. KELLER. It is not an actual deficiency. During the first six months of the fiscal year we spent approximately $38.500 out of the appropriation of $80,000, but it is a prospective deficiency, because we have been trading on past prosperity. We have used up our reserve. We have used up our reserve supply of coal, so we can not operate unless the committee gives us a reasonable amount of coal during the coming six months.
The CHAIRMAN. You got along pretty well during the first six months?
Col. KELLER. Partly by transferring our pay roll to other appropriations under the provision of the act.
The CHAIRMAN. This is simply an attempt, is it not, Col. Keller, to bring your appropriation up to the estimate for 1922 ?
Col. KELLER. It is not an attempt of that sort, so far as I am concerned, because I did not make the estimate and have no desire to justify it. May I say just what this really is?
The CHAIRMAX. Certainly.
Col. KELLER. This is an effort to get money enough to operate continuously a service that must be operated 24 hours a day, 365 days
in the year.
The CHAIRMAX. If you have operated it continuously for six months on $38,500, why should you not be able to operate it the next six months for $12,000?
('ol. KELLER. We have now $11,500. We need, as I say, more coal. We have traded on our reserve supply of spare parts and are obliged to use a part of the $100,000 for per diem employees. We have to have money to operate a minimum force. That is all we are asking for. If we do not get the money we will have to stop operating, and I do not know what will happen then.
Mr. Sisson. You do not mean if you do not get this appropriation that you will not run the plant?
Col. KELLER. If we do not have coal we can not operate the engines.
Mr. Sisson. There is no use trying to intimidate the members of this committee by saying that if you do not get the appropriation you will have to stop the plant.
Col. KELLER. I have simply stated what I understand to be the fact.
The CHAIRMAN. There is one thing that we want to have understood, and we may as well have it understood now, because it can not be repeated too many times: Deficiencies are not going to be encouraged, and if there is a deficiency allowed it will have to be a mighty good case.
Col. KELLER. This, Mr. Chairman, is one of those cases. It is a service which we are operating at the minimum. The men employed down there do not get leaves of absence. They work seven days a week, to which I do not think even you yourself would consent.
The CHAIRMAN. We have to work seven days a week.
Col. KELLER. Yes; but these men are engaged in manual labor; many of them.
ASSESSMENT AND PERMIT WORK.
The CHAIRMAN. The next item is “For assessment and permit work, sewers, $32,000." Tell us about that, please.
Col. KELLER. That deficiency is a prospective one if we attempt to supply the sewer connections to those who will demand them during the coming six months. The rate of building in the District for the first six months of this year exceeds by 57 per cent the rate for the actual amount of building in any preceding year. This assessment work, as the committee knows, is upon a reimbursable basis. We charge $1.50 a foot front.
Mr. Byrns. The rentals remain very high?