Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-09-24
Important 70 property B ders.-Ahl


Important to Property II ders.-Although
the result Of the suit Of Captain moot Us. the Cor
poration of Washington, recent concluded in the
Circuit Court, is known TO til public generally,
the grounds the decision vii doubtless prove Of
interest TO the majority OF our readers.
Captain Smoot, through his counsel Messrs.
Bradley and Davidsc, set forth substantially that
he had a large and valuable Two story brick dwell
ling house on X street, lin Franklin Row. and that
the grounds, and the same were improved and
embellished by culture and that the front line he
had erected brick wall with iron railing, and had
made other costly and valuable Improvements; allof
them with reference TO the plan dgrade ofthe city
But The corporation undertook TO regrade the said
street near his premises without his consent and
against his protest. and in consequence Of this pro-
ceeding of the corporation the front wall became
unsafe, and fell down, and the shrubbery which he
had planted and cultivated, andthe improvements
which he had made were greatly injured and their
value greatly impaired, whereby he had suffered
great loss and damage Accordingly he brought
suit against the corporation for indemnity.
| Mr.. Carlisle, who 50 ably represented the cor
poration in this suit in informing the Mayor of the
conclusion of it, says:
"rhe cause of Smoot rs. The Corporation of
| Washington, has resulted in verdict in favor of
| the corporation under the Instructions of the
Court. -E....
"The whole subject ofpower and responsibility of
the Corporation towards the grading and regarding
of the streets has been involved in this case and
was very fully, and, | ought TO add, with great
ability argued by Messrs. Bradley and Davidge
| against the corporation ....,.
| "The Cont held the matter under advisemeni
| from the conclusion of my argument and reply on
| Friday until to-day, Monday there having been
cited great number of authorities on both sides,
from the reports of the highest courts in several OF
| the States, and of the Supreme Court the United
States, as well English authorities. The court
pronounced to-day oral opinion, with the con-
cluson at which it had arrived, reduced to writing
| by the presiding judge.
"ln compliance with my official duty, as pre-
scrbed by the second section OF the resolution OF
| May %, 1883, now communicate TO yona copy
| of the points decided.
aYou will not fail to perceive that this decision
is of the highest importance, for the future well
| as the present. II disposes of all the Franklin
| Row cases, and establishes principles which APP
pear to be amply sufficient for any other cases of
which have any information, growing out of the
| recent improvements in the city by the authority
| of the corporation. "a
"The case will, however, doubtless go TO the
| Supreme Court ofthe United States"
| The following is the opinion pronounced by the
lOuTl, ana III dcCOTuuHCc WITH jury
found their verdict in favor of the corporation:
| l. The doctrine laid down by this court in the
| case Of Devaughn and Patterson is affirmed and
| reasserted that the power of grading and regrad-
| ing the public streets in Washington must be con-
| sidered continuing power in the corporation,
| to be exercised whenever and as often as the
| heohh, improvement, and prosperity OF the city.
| make il necessary.
| q That the graduation or Republication, by said
corporation cannot be considered in the nature of
a compact with the proprietor of the property
! fronting thcrcon that il shall always SO continue
unchanged and any such agreement 10 fettcr or
| clog the exercise of legislative power would be
| void. ,.., 4.
| g. That by the conveyance of the streets and
| squares, &c, TO the commissioner, in l796, the
United States possessed an unqualified iee-simpe
in the streets and squares ercinsipeiy to which the
corporation succeeded, far as the power TO grade
| and rcgrade is concerned.
| A. That though the right Of ingress or regress in
the proprietor of property fronting on such street
be inquired by such regarding, II must be consd-
cred loss in the nature Of consequential damages
and not within the principle of the provision cop-
tanned in the Constitution forbiddng the taxing
pirate property for pnbic tcithoHt Just COM
pensation; and the loss in such case is damnnm
absqns uynria, for which no action lies.
| S. That there can be no breach of faith ascribed
TO the corporation in changing the graduation be-
cause they had no poper to make any pledge that 1t
| should Arrays so eGatiine. H.
G. The aforegoing propositions must, however be
considered as made with the qualification that the
jury shall find from the evidence that such change
became necessary for the health, improvements
| and prosperity Of the CITY, and was not capri
cousy or unskilfilly made.
Also, that the same was made IN a proper man
mer and uDittin the lines Of said street gradnated
Relief of the New Orleans Sufferers.-On
application yesterday TO the Mayorof Washington
| ohl "A ho
of tho recent correspondence between him and
the Mayor of New Orleans, as follows
! .& "MAYoR's OFFICE,
| s'WASIIINGr0N. Sept 3, 1888.
"SIR: | enclose herewith an account of the pro-
ceedngs at meeting Of the citizens Of this place,
| convened on Saturday evening, the 18th Au-
gust last for tac purpose Of adopting measures to
obtain contributions for the relief of the sick and
destitute of your city during the prevailing fatal
epidemic.
"The amonnt which has, up TO the present time,
| been contributed by the people of this city is up
| wards of SaS0O, and of this sum transmitted TO
| you, through Messrs. Corcoran and Riggs by
| their agents Messrs. J. Corning & Co.,
Son the Eth August the sum off,. $4,000 90
"And on the 10Th do. canaan. 1900 90
| 'And i now enclose to you Messrs. ...
Corcorar and Riggs check on
Mcssrs. ]. Corning & Co. TO your
| order Tor. .............. o4l ~
''Total amount RENTED to you.... S3,SH 10
"Any further contributions will be RENTED as
| soon as received.
1T is gratifying 10 me to transmit to you this
evidence of the sincere sympathy of the people of
this city for the suffering inhabitants of New Or
leans under the terrible visitation with which they
have bern afflicted, and | trust that the last telc-
graphic reports from your city. indicating abatc-
ment Of the epidemic may prove correct, and
few weeks more will entirely free you from its
| fatal effects.
IL AM, very respectfully, your obedicnt servant,
JOHN W. MAURY, Mayor
"To thu Hon. s. u. CRossMAS, Mayor Of New
| Orleans, Louisiana"
"MAYoRALry OF New ORLEANS,
| September 10, 1853
| "SR Your valued favor Of the Sd instant, en-
closing account of the proceedings of meet
! ing of the citizens of Washington, for the relief of
/ liz. sicL anl dcsiiinfe Of our cifu il hand. i