Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-10
THE PAVING CONTRACT.
Board Of Public works Vs. the Cor.
pOPatiOn Of Wa ching ton


under the paving contracts, &c. entered mo
by said Mayor-was closed, Mt. W. A. Cock,
for the plaintiff, Continued his argument, aud
speaking OF the action of the Mayor sIncs the
bill was passed, he said: whether the me ans
existed or not, the control given to the Board Of
fnbfc Works over the streets, excluded him
the streets, and avenues, and alleys, and sewers
OF the city. 1t lie enough that Congress has bid
aim be still. 1t Is enough that Congress hath
breafhed upon him, and rendered him lifeless
ana dormant. And when 10 has so breathei
upon him, II Is only the attitude Of supreme ar
rogance for him TO attempt 20 arrest the voice
OF the legislative assembly of the nation, and
the concurrent ction of the President, by at
tempting, as he is doing day, TO cover the
city with contracts, to build sewers, give out
PaVements everywhere, and to say that he is
iDle hueI than the legislative power of the ma
non. His power was suspended so Instant that
" was conferred upon the Board of Public
Works, and they may stand by in the abstract
controlling power conferred upon them and bid
him and his contractors stand altar of from
every street and avenue. He is powerless a.
least Ii could not be doubted that the object
OF the law was 10 take the power of construct
ing sewers, laying pavemeDts, out Of the hands
mediatelv.
Judge Wvlie.-The contracts were entered in.
TO on the 2Uth OF March, and IL certainly is nor
cohtended that they come under the explsnator,
act ofApTil Goth. -.
MT. Cook claimed that that power was given
IN The original act, but was onlv made palmer
IN the explanatory section. He proceeded 10
read from the law of 1854, claiming that the
Mayors duty was TO make contracts in January
lie CouteHued at length I'll 1t the Mayor had
over-stepped his powers and that the corpora
tion had o authority to make contract beyond
It's existence.
To day.
Mr.. VIM. A. Cook continued his argument this
morning IN behalf Of the Governor and .soart
OF Pubic Works, and concluded his remarks at
haif-past " O'Clock, after which
MR.. A. 9. RIDDLE
commenced ms argument on the part OF the
Mayor, contending that the decision OF this
II buDal had not been invoked on tho grounds
that nybody had been defraudei nv The con
tractors or defective title in the right OK the
exercise OF the power by the Mayor but WAS a
question OF conflict of authority simply. The
question IL one OF paramount power, not
one OF defective title or right TO the
making OF these contracts. Able and Ingenious
lawyers differ widely about the meaning of pas
sages IN legal papers, and his legal friend differs
widely with him in the meaning OF the laws
bearing upon the question at issue. IL is said
thar the Mayor has no legal rights here because
the law giving him the power to make these
contracts has become obsolete. We have in this
District a common source of law-the Congress
OF the United States. Counsel stated that It was
fact that not long ago his brother Cook was
seen before a committee of Congress protesting
that that body lad no right to create this gov
.rnmt Mt, which he is now SO strenuously de-
Mr.. Cook.-"Yes, but have been converted
since then"
Mr.. Riddle.-"Yes, and you will be converted
again"
Counsel proceeded, saying that there canro.
De two men IN this city exercising the same ex-
ecutive power, nor legislative bodies exercising
me same legislative powers. Congress never
intended any such state OF things here; but they
Did mean that this old corporation government
should continue up to the lst or June. clothed
with all their powers. He CHALLENGED the coun-
vel to cite word in the act OF Congress creating
ms new government which tends to strip tae
Mayor OF this city Of any of his functions
These rights he is bound to exercise until the
expiration Of his term on the first day of June
coed to the old.
recess was taken at this point.
~
SALES OF REAL Est ATK.-Green II Williams
auctioneers, have sold lots Is and 49, with i'm
proyements, in Starts subdivision of square 13i,
10 Cbas. Nj. Matthews, for 81 $50 each. Also i'm
square 4l2. fronting on street south, between
Sth and 9Th streets west, lots and t. to j. W.
and a. L. Hatton. at 70 cents per foot. Also,
to same, lot 5, at Il cents; lot T. TO Samuel Pun
pLrey, at % cents; lot 9, 70 James \, Moore
Al ID cents, and lot 10, to Hester Thomas, al e
cents. Also, west 20 feet OF lot %, square 51l,
with improvements, fronting on NJ, betwsr7
3, zoe. 0
Messrs: Fitch Il Fox, real estate broke s.
have sold, for Judge A j. Dietrich, of Williams
port, Pa. the east bali OF lot "a, SQUARE rs,
fronting % feet on X street, between 18th AMI
iStn streets' with depth Of l47x feet, Tor
Gale, a hree-story brick house on AIassacAr
sets avenue, between 18th and 18th streets. for
:, $50: Also. for the heirs Of Charles Hui, lots
II and u, John Dayidson's subdivision Of souare
2l4, fronting o feet inches each on II street.
between lith and 18th street. by a dev.h OF IqYl
feet, for So 1920. Also, for the estate of Mrs
flerson. lots 10i and 105, in Patterspn's sub
division OF square 2o6, having a total frontage
OF 81 feet on 1i'h street, between and r
streets, by depth of 100 feet, for 81 ,GSO.
Messrs kilbourn & Latta, real estate brokers,
corner 18th and q streets, have sold, for John
NJ. schade, part o. sub. IS, square %, on NJ
street, between Goth and 2lst streets, to WIN.
schouies' at 20 cents per square foot.
BRASD NEW G. WASHINGTON ANEcporg-
Better than the Hatehet Stoyy-At a repu blican
meeting in Alexandria on Monday night,
one Of the speakers, John Seaton, colored. Tins
delivered himself: THAT man Beckley has
made personal attack on me, but | WON'T
tale what my grand mother told me bout old
Ginr Washington. Gin1 Washington was COM
ing from church one day, and he saw pretty
Th White ttipe In the road and shot at it.
Gin1 Washington had to bury his clothes A
man makes nothing by lighting with skunksn
Applause and laughter
AN INTOLBRABLR NUIsANCR-H Editor.
How much longer are the citizens OF Washing
ton doomed to suffer the many annoyances in
hicted upon them by idle and mischievous DO rs
through the means Of be0a-shootersY Through
out the city they ply their deviitry in killing
chickens, pigeons, and birds, and breaking
'AbO VIC Win puBlty Is tRere no law to stOD
the evil? III so, We would respectfully cali on
the authorities to abate it, and send TO the
workhouse the offenders, who daaly amuse
themselves with destroying property, and in
many cases lnfiicting dangerous wounds upon
persons struck. SUFFERERs
ATTEMPTED OUTRAGE IN A POLICE COuRr
CkLL.-After the Police Court adjourned this
morning, and while the officers were engaged
IN preparing the workhouse commitments in
Tie court room, screams were heard issuing
from the cells below, when all ran in great haste
TO the basement, where they found colored
man named Phillip Butler attempting an ont
rage upon the person Of Margaret Kir win. Both
were prisoners in the same cell. Butler was
sent to JAIL and he will be brought out to- NOR
row for hearing. Butler was before the conrt
To-day for larceny OF meat from Charles Brown.
PROPERTY SALE-Colonel Hodges of WASH
lngton, has purchased sixty acres Of land on the
arlington turnpike, from Mr.. Harvie Bailey at
800 per acre. Ii is understood that Colonel III.
Viii at once set about improving his tract. and
that be viii use 1t as q dairy farm from which
10 supply Washington with milk.-A'sr andria
Gazette.
THR ATTENTION OF capitalists, builders and
those desiring good site for a dwelling lie
called to the advertisement Of sale at auction
THIS afternoon, at O'Clock, OF six valuable
building lots on 14th street. between q and r.
streets northwest. Lots 25x120 feet to 2O-foot
alley; Terms easy; oue-tfth cash, balance in