Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-11-14
THE OF FIFTEENTH
STREET.
An Injunction Served-The Work
StOmne6.

On Saturday afternoon, Mr.. X. L. Merrick
hled for W. w. Corcoran, G. W. Riggs and
Rebecca Scott, bill for an injunction against
the corporation Of Washington. The bill after
reciting that the compliments are owners of
certain property fronting on 18th street. between
Pennsylvania avenue and q street, Cali b,rt two
lots,) set forth that "The said defendant by its
omeers ana agents pretending to grade said 18TH
street, between Pennsylvania avenue and New
York avenue, the part whereof is included be-
tween Pennsylvania avenue and g street. as
aforesaid, has commenced to cut down said
18th street, and have removed the
the depth Of four or five feet below the former
grade and level Of the street, and is Continuing
TO remove the said earth and to cut down the
tifs." The Bill further sets forth that the grade
was established many years ago, and on the
faith thereof they erected buildings, and have
walks, and the latter will have to be relaid four
or hve feet lower; that the cutting down
OF the carriageway and sidewalks will impair
the f3nndatons Of the buildings and endanser
SAID buildings and the safety or the pu blic; that
the work Is not being done at their request or
with their consent, but contrary to their writ
ten protest. and they believe it is not being done
at the request OF any property holders; that the
work Is being done contrary to law, as It was not
advertised, no bids were received, and the work
was not, therefore, given out to the lowest bid.
and the grading and cutting down prosecuted to
q considerable extent, before the passage of any
ordnance authoriDg the same, and "the Mayor
assuming to act az its executive Off Ger, ordered
said work to be entered upon contrary TO
Jaw that at session Of the Boards of AL
dermen and Board Of Common Council of
said city, held not less than fdkteen DAYS prior
10 the 5th Of November. 1870, q certain ordi-
nance was hurriedly rushed throu Oh said boards
pretending to direct said grading to be done:
but the same has never been duly enacted and
IL not now valid ordinance OF the corporation:
that the same has not been signed by the presi-
dents OF the said boards respectively and was
not signed by the Mayor until the 10th day of
November, 1si0, after said work had been be-
gun; and that In consequence the said pretended
ORD nance IS invalid and inc ffectual to authorize
said regarding; that the work Is not being
done under the direction of the Com.
missioner OF the Ward and Assistant
Commissioners, and the latter have not been
appointed; that " said 18th street was formerly
improved, graded and paved BY the government
OF the United States, and that the regarding
and cutting down of said street is being done
without the consent and permission OF said gov
eminent by Its proper officer, a. required by
iaW, ana they further charge that the work Is
being done :" In fraud Of the rights and vested
interests OF the plaintiffs, and in pursuance of
corrupt and fraudulent combination between
the DEFENDANTS and parties to the plaintiffs
Judge Macarthur issued rule on defendants
returnable on the 10th instant, to show cause
why an injunction should not issue as PRAYED
and in the meantime this order shall operate to
restrain the defendant FROM prosecuting said
WORK, and II was served on Saturday evening.