The national Republican., 1868-12-19
THE COURTS.
- Bautrr OouHr.-Jwsys osfW This court wn
occupied as follows yesterday:

as follows yesterday;
B Tnn srns.r aAiLn LnoAp IsyusoTIos.
oo,pcrstios. Of WashinGton. This il peti.
fionfor an iujunction, which we have already
published in substance, asking the court to
ss MySs s q s s hs paa
tiffs on I street, In said city, 40,
The facts were admitted, but the argument
upon the Law Of the case occupied the whole
and Riddle appeared for the corporation, and
Messrs. COX and Buchanan for the railroad
M. 0cx con,ended that the charters and
laws OF Congress gave the Baltimore and
Ohio railroad full power to maintain the road
and road-bed Of the company along street.
II hsd been s sontsssed ,hss th ne grssmsIn, p
1850 was beyond the power Of the corporation,
and therefore void. He denied this, but even
were II true that such agreement was beyond
or Congress chsrterins the MetIopolition
railroad recognized and reafnrmed that agree.
meat, thus giving - authority heneeforth.
Tn TSe risht TOW of way % as now claimed i By the com.
pany, and the rosd.bed as now constructed on
street, was the property Of the company and
Be Tss az Ss x ,hs % s 9
to the company the right Of property In the
road and Its works, and this Maryland act had
been confirmed, and so far as applies to the
Thus the company became the owner OF the
street so far as the road bed was concerned
Il was thenceforward the private property Of
the rsilrosd company and the G, had mere
road. The paving or repair Of the road.bed 10
the street did not come within the duties Of
the corporation. He held that the power
ton Of the powers over the streets heretofore
granted by Congress to the city. The rights Of
both city and railroad came from n com mmon
Ssa soa Omen Sn' TSs cases S 30 q s%S s
Corporation Of Washington, &C., were cases
not applicable, because In those cases the
corporation did not make direct attack on
the property Of Smith, Se., but the injury for
which he sought to recover damages was
Had the city graded I street outside Of the
' YET without iS .oucSins the road bed, the esses
would be similar; but the city now seeks to
NEEDLE with the road bed, which 70 the private
e n' he esd %a Sy Ss
court. 10 a word, he claimed that the eorpo:
ration could not Interfere with the railroad
on l street, because the road and the land on
vate property Of the railroad company. But
even II there was doubt In the mind OF the
Court he hoped the doubt would be cast In
continue the isjunction at least until the anal
hearing.
MT. Cook, In reply, quoted authorities to
show that injunctions could be granted only
knowledge of the complainant but In this
case no such personal knowledge was averred
in the petition, which seems to have been by
. stranger to the facts OF the case.
The petition was otherwise informal He
read the opinion furnished by Mr.. Latrobe,
denying the right Of the city to interfere with
the track Of the railroad as laid In 1881 and COM
mented thereon. He denied the power Of the
city to make any agreement In relation to the
track Of the railroad or Its location. The
railroad had been constructed In an entire mis-
present location was entirely without tho au'
thority OF law. The road was required to be
built so as not to impede travel along roads,
&C., and to leave unimpeded crossings OF ali
roads, &c; but 1t has not done so. 1t has sunl.
the street.
you not to bridge the railroad overi Gould
you all up the rallroadi
Mr.. Cook. 1 intend to show your honoi
that IN ths, aspect Of the case we could DO SO
| be abated BY the corporation.
Mr.. Cook continued, and quoted the law II
| show that the company had no right to inter
sc. The law OF 1881, relied on by Mr.. Cox
@ was repealed BY the sct t' q isss. The suihor.
diIrerent an leyei" Of the streets than tsst which
existed in the beginning, could not be con
.trued to give the city power to agree to th'
destruction Of street. The survey and pro
4
| cannot be the source Of any right. The Balti
more and Ohio railroad had disregarded the
law, and stood 10 the position OF a wrong
doer soliciting the aid OF the court in th'
The case was not concluded, Judge olin re
serving his decision.
| Adjourned.
CIRCUIT CouRr-Chief Justice CdTifcr.-Thil
court was occupied rs follows yesterday:
| John II. Donaldson VS.; Samuel q. Pomeroy
| vi hnFaa
plaintiff claims was stolen from him 10 1885
but which he afterwards found In the defend
ants possession and replevied from him. Tn
case turned upon the Identification Of thu
horse replevied with the one which he ha'
| lost, and much testimony on the subject wa
adduced. +. p. Stanton for plaintiff. Brad
the court adjourned until this morning.
farnett VS.. st. Able. This case having
| after occupying the court for several days
been given to the Jury verdict OF $500 for tn
q. ]. Wilbur vs. w. N. IL. Mack. Verde
for sIs9 80, for money due the plaintiff. w.
sshsniise cha pufesS.sa by by The defendant At Of Il
pci Coleman Va. W. II. Hoover. Judgment 70
tlss.+l, for goods bought BY Hoover of Coli
Andrew whiteiey vs. The Commissioner /,
Patents. Ordered to b. stricken from tn
Henneiiy 4 Chamberlain vs.. Rittenhous
Fowler & Co. Judgment heretofore enters
| set aside, and case set down for trial.
CAsEs TODAY.
| The following cases arc assigned for to-day
Nos. %, l07, $40, l03, Ill, l2l, 100, and 1927
peals Nos. Is, 80, IS, and 126, and the coTpor
tion fne cases, some twenty In number.
| CRIMINAL LCouRT-Judge Fishsr.-This cou
was engaged as follows yesterday;
VIM. johnson and VIM. Coulter. Burglar
in entering the house Of Julia A. Gaddi
rington-Adams. The jury found We
dict of guilty, but the defence entered m
tion for new trial
John Daniel CLARK. Grand larceny in stes
ing some go from W. Z. Seward. The often
was not proved, and the Jury found a verdi
OF not guilty.
Christopher BohlaycT. Assault with inte
to kill Ofieer Lusby In July last, In his hou,
on the corner OF Ninth and l streets. Lusl
went in to arrest the defendant, and II
= claimed that he assaulted the officer with
musket. Norris for defence. Before the co
clusion OF the argument IN the case. the cou
adjourned.