Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-11-17

ARGUMENT OF rKE CORPORATION ATTORNEY.
Mr. Iotten, after recess, commenced his ar
eume n, stating that Mr.. Riggs had ne cause of
complaint, and that, with the exception of the
pay department. building, the b1ildings on the
line were old and rckefy. He would contend
that the corporation had
THE RIGHT TO CHANGE GRADES.
Judge McArthur remarked that that would
not be gainsayed, as they had undoubtedly the
right 10 change the grades, as corporations had
Mr.. Totten then referred TO the objection that
bids were no; advertised, and said that there
the Law quoted (of 1852 being obsolete. The
law under wffreA~ the work is being done is a
special law. IL hal been held, too, by Judge
Wylie that laws for Hsrf 70 be done by contract
sons why tbs work shall be done other wise the
officers may direct ii To be so done; and surely
there were good reasons fer the work to be let
without public notice in this case. As to the
law not having been signed in the proper time,
he said that the approval of the Mayor was not
absolutely necessary for bill to become Q
law; he might approve b.n in his own mind
II a law was not returned without his approval
within the time prescribed by law, 1t became q
law without his signature In regard to no as-
sistant commissioner being appointed, he said
the act requiring such commissioners to be ap-
pointed had not been pleaded, and If IL had one
act Of the corporation was as good as another.
The special act for this work takes the work
fIom under assistant commissioners and puts il
under the Superintendent of Streets. TO tie
point that the United States has iurisd,cti n
over this street no special law had been citei.
lie next referred to the charge OF fraud and
said that the answer had fully answered tina,
allegation. He then referred TO the fact that
Dir. Corcoran had allowed the work to 90 on
nntil the injury, If any injury il was, had be n
done He quoted from Story and others that
where the work Is allowed to go on parties car.
not obtain relief by injunction. The place was
now dangerous, and
TEE INJUNCTION SHOULD BE DENIED
on the ground rtat the rights OF the public
deserve protection, and the individual should
give way-qnoting from Judge Story on injunc-
tons. The interr It of the people should we, oh
down the interest of Mr.. Corcoran, and II W "a
dsgrsceiul that the street should rem ain in this
condition. The interests OF the nation were at
stake, Judge McArthur-Tdis is a national
highway. Mr.. Merrck-Used by the public
servants in going to draw thsir s:,ar;6 } aud
persons who go to the Tee isury for their
salaries are entitled to go there without the
danger of breaking their necks. He not:ced the
act OF Congress OF July 18th, 1870, givicg au-
thOTity for the changing of grades to MAKE An
easy approach to the capital, and was about to
read general law, when the Cours said it " IS
unnecessary. In conclusion, he commended that
the parties had their remedy at law il they suf-
fered an injury. Ii the United Stat~l is shout
to be injured it had its officer to come into court
Mr.. AERRICK REPLrkp
to Mr.. Totten, saying first that he SAW tina. we
were tending towards corruption. He reit Grated
that MI Corcoran and others did not know
work there, 70 they supposed that the oIiSina
act Was being carried out, and when they ascer-
tanned that they were cutting down fouf feet
they sled their bill, and it was on the We. v day
the bill authorizing the new grade to be estab,
lished. He noticed the fact that the work had
not been commenced on the west side
Of the street, and also the fact that at
the time the bill was approved Mr.. Cor
eoran protest was in the Office. He submitted
that bill did not become law without the
approval OF the Mayor, and il was not legal for
the Mayor to date bill back, and he must act
within the Limitations Of the law-five days
AND the work is being done without law He
PAD nothing to say in reply to the gentleman,
mat ne had his re medy at law, except that thew
had their remedy here and at law also The
bill Gets forth that the work is being done con-
traIy to law. Counsel SAYS the law he quoted
Is obsolete. Is it true that the property
Il at the mercy OF the Mayor? The ONLY
protection is to advertise for proposals, receive
bids and award the contract. He did not uu-
&c rstand that th at law had been repealed And
II ives day being acted under. The Law Gre
atihg the ONCE OF Superintendent Of Streets
90. not repeal this Law, but substitutes him
Tor the commissioners. This was the only work
be bad heard of which is being done without
BIDS being received.
= THE NOTION FOR INJUNCTION DENIED
Judge Macarthur said he could not consider
whether the city has in this case exercised their
discretion with prudence. He had already in.
lmated that the city had authority as to the
grades OF the streets, and after reviewing the
Joints made, denied the motion for an I'M unc
ion.