Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-10-25

teIday after our report closed = ~ > =
The csss OF JonnF. May VS.. Mary Z. Soho.
Held e, al vas heard The object OF this sui,
is 10 obtain n decree to qniet the title ar the
complaints to lot No. 8, In square No asa
The case had been submitted on the hriasa NJ
counsel,aud Mr. Justice wylie pronou need he
that the tax title to the lot in con tro Was
10 the beginning one Of corrections q otten mn
Tor the purpose OF credit ors Of party inter-
es"a, ana .na. II would amount TO an insult to
1usnce 20 upnoio the centrivance by taking
away rom complainant Il propsrty for which
ne has paid S25,3Ga, and han ding II over To the
parties claiming under the tax sale made f,r
per cent. OF its value at tn at time, and alar
pg Win all the wOnted iahicia of fraud Dom
pIalnant has shown hisright to have the cloud
removed rom his title, ana a decree will be
entered accordingly. 80 eE.Fs Ca. =
Matter Of ]. e. Cox. Rule to show cause
a snr by eonsent Of Assistant District at.
Adair ct al, vs. o. H. Browning, Secretary
OF the Interior An application for an in i,rpc-
aon to restrain the ST crefary OF the Interior
from contracting for the erection OF the new
Jail' upon the grounds that he has not COM
piled with the law, in the folio wing particu-
tars: FIRST. The proposed Jail will cost more
than S1U0,0G0 Second 1t will not hold 800
prisoners Third. No proper design OF 1t has
been prepared. Fourth. The plan Is not new,
and has not been su omitted to Captain Meigs
and Mr. III uller, or other competent architects.
Filth The plans are vague. incomplete. aud
incorrect. Sixth Plans were not exhibited
daily at the architects rooms during the period
prescribed. Eighth. The carpenters, brick
WORK. masonry, &c. are contracted for sepa.
ra'eiy. Ninth. Site at New Jersey and Vir-
ginia avenue unhealthy, distant from City
Hal, and otherwise improper. Messrs. Cook,
Burgess, Pierce and Barrett for petitioners
and Mr. N. Wilson for respondent.
Mr.. Barrett argued that tho 10 Jun csiou should
be granted, upon The ground that II was needed
10 prevent irreparabie injury .er.
Mr.. Wilson asked the attention OF ths court
to rules l27 or Us, as showing that a motion
for an injunction could not be made at the
general term unless on appeal, or il certified TO
the general term by one Of the justices
he conrt seemed 10 concur in this view, and
at the suggestion OF Mr.. Justice Wyle the mo-
ton was Withdrawn from the general term aud
made before Mr.. Justice WylIe alone. who N
medlately certified tito the general term
On the reassembling Of the court this morn
ing, Mr.. Wilson. for the respondent in the case
OF AdaIr ct a.. VS.. Browning, commenced his
argument, claiming that this was 4 case III
which The Secretary OF the Interior has discre-
ttCn AS 10 the II ode, time, and manner of car.
ryiDg into effect the law He quoted from tn
Peters, case of Mcdaniel. to show that the re-
spcrdeIt has discretion as to the mode of car
ryirg ont the law. He claimed that the act
did not divest bin OF discretion.
The Chief Justice asked If that clause re-
Iahng 10 the approval OF the plans was not
mandatory.
Mr. Wilson replied tina, even then the Sec
rPiaEy was vested with discretion as 10 how
when anC under THAT circumstances he should
*ecnre the approval OF these gentlemen. He
further argued that this Injunction was not
me proper course 10 pursue by the tax PAYERS
complaining that the injury which it was al.
legged they woult suffer by the Secretary's &C
ncn was toe remote. aud OF too indefinite IL
character 10 enable a court OF equity 10 &c.
teFmiLe whether there was a cause for re-
>tTainins.
Dir. Cook followed for the petitioners a. con-
Siderable loHeth.
The counsel 10, petitioners claim that the
law which says 'Ehe Secretary OF the Int
b.. &c, authorize to select q suitable place."
nae not been carried on. ana from the allie
cations of the bill he hes not selected
= SPECIFIC ia is d,re a oa' 10, t Tfny law ,,s
ofbcer 20 discretion, and II simply designates
hIDl as On agent 10 do part GuIaF Trims s in the
single mode pointed cut. Tue size is fixed mo
less than 800 prisoners, and 1t alleged ne is "a
tenn pIins 10 diminish il; he is required to have
d sign WITH plans descriptive aud complete
specifications, and the materials TO be used
whIch. it is alleged, he dis-sgarding,
He Is required 10 nave, after March =. 1867.
perfected plans for the entire work" .snew
and perfected plans and these must be APP
proved by Meigs and others. These express
siens give him no discretion; impose on him
certain specific ministerial duties But il is
charged that instead OF performing these he
has gone on in the exercise Of q wholly unau-
thorized discretlon or Judgement. Noapproved
plans exist. II is after this approval &C. he is
lowed TO ADVERTISED direct mi mis- rer,ai act
But it is charged that he has done il before
having appro Ved plans. q thing entirely uu-
authorized, and. by implication. prohi bted
He is required to give the whole building TO
Ouc lOWceI DlUUeE, DCt IL Is charged ne GOtBg
49, opposite He Is limited to the sum OF
500 'ttH. but IL Is shown he Is going to cree, a
bn lding OF much greater cost, thereby in
creasmg the necessary appropriation and tax
alton; using his discretion instead OF perform
ing the ministerial act required OF him.
II Congress had directed the Secretary
OF the Interior to erect jail such
plans and specifications as ne nigh,
adopt. or OF such dimensions he deemed
proper, etc his discretion would have been
final; or hnd it directed him simply 70 have
M nnYld MT tr,Sn 4,
the Churt But when II Gays to him, you snail
have a Jail erected in = particular manner, OF
q particular aiZe. on particular plans, ap-
proved IN partic u!ar way, &c. aud hs is at
tempting to overlook OF override all these
particulars and to build or contract in disre-
gard OF them. Court OF Equity may we'll be
invoked to interfere. and il is due 10 the citi-
zens TO be affected by his acts that il be done.
THE FAIR AND HORSE SHOW
This exhibition will commence on Monday
next on the National Race Course over the
Eastern Bran CHI, and a number OF entries have
been made. Twenty head OF Aiderny cattle,
three cashmere goats. lot OF fine bred sheep,
have been entered by Mr. Shlnn. of Haddon-
field, n. ]. Dir. 5. T. Suit, OF Prince George
county, will enter horses, cattle, sheep, swine,
and poultry, many OF which are imported.
about one hundred fine sheep for competition,
and Will bring some Two hupdr for sale
Letters have been received from. tae owners OF
celebrated horses, among which are Mountain
Lucy, Brown George, MagoosIer, Silas Rich,
Cold Water Billy, and many others. The en-
tries for agricultural products and farm ma
chinsry. miscellaneous articles. and tue handi-
work OF The ladies are numerous. The Agri.
cultural Department Of the United States will
make a fine exhibition Of agricul ural horti.
cultural, and fioral products through the
kindness OF General Stokes, Acting Commits.
sioner. Arrangements have been made by
which Passengers can cross the ferry a. Gies-
boro Point az a very low price. The walk
from Giesooro to the grounds IL abou. half
mile. The following committee OF ladies have
been appointed on miscellaneous articles and
ladies' wear Mrs. J. H. Patrick. Mrs. Mary
A. Hilourn. Mrs. ID. i. Castle, MRS. L. ". W
Griffin, Mrs. +. ID. Alexander, Mrs. J. L. Our.
tie, Mrs. Il. B. French, Mrs. f. d Orme Mrs
lea A. Howell. Mrs. J. English, Mrs. A. III.
8apRVeir. Mrs. General Capron, Mrs r.
Mettler, mrs. Riley A. Sbinp, MIS-. General A
M. Stout Mrs. 5. K. Bond, Mrs. h Ii. Cole.
Mrs. VIM Helmick, Miss Catharine Getz.I,
Mrs. VIM. II. Boy d, Mrs. J. Branin. Mrs. b. p.
Moore.
BOARD oE POLICE CoMMIssIoNERs.-The
regular weekly meeting OF the Board Of Police
Commissieners Was held yesterday afternoon,
wbe The folio wing business was transacted:
Messrs. f.. J. Meyer, Edward O'Connor,
Geo W. Wise, Charles F Sigourney, W H.
ID ufdoon, William Reed, w. J. Smith, s. w.
Sloan, Frank Porter, Edward 0unson, w