Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-05-13

sage Vi the Mayor enters into the
tTacfs giving o 1t all this work belonging TO the
board, and, in his opinioa, such contracts we're
utterly void.
1.-THE constitutional question has nothing IN
do, in my view, with the case at all. II i sim
ply question OF power to enter into thess con-
tracts at the time they were entered into; ami
am Of opinion not only that be (the Mayor had
not thu power to do it, but 1t seems TO me rather
indefeI IDLE assumption on his pIrt after
Congress had passed the law deciarIny 10 1T or
the fret OF June another body altogether sho aid
come into existence, to whom this work should
be committed" The bill charges no fraud. and
be did not base his opinion on auy fraud. He
was not prepared TO say that the Board OF Pub
lie works had all the power claimed, without
check. He held that they had a right to come
into the court ss individuals.
JUDGE OLINs OPINION.
Judge DIN was of the opinion that the Board
OF Public Works were officers the moment they
took their oaths OF office, AMI in the Discharge
OF their duties they had the right TO sue. He
could not understand why the Board of Public
Works could not come In; why Congress pa-ses
avs which impair contracts and the govern
ment frequently takes property without author
much process of Law.
The simple question IS, did they 20 into power
when appointed? He held that they did, and
the declaratoTy act makes Il certain ALTHOUGH
they are independent OF the legislative as
semb'y, there was a wise provision in the act
which provides that the hoard may devise what
Improvements are 70 pe made, and the assembly
Is 10 say whether or not they shall be carried
cut by making appropriat, ors, Sc. The cor
rorstion had ertered into these Contracts ex-
terding beyond their life. even after their
power was repealed by Congress.
OPINION OF JUSTICE MACARTHUR.
! desire to submit one or two suggestions in
relation to what my brethren have said. and
Will say in the outset that the judgment OF the
Court, pronounced by the Chief Justice. mad
been announced in the o3her csss-the case
brought in the name OF the District OF CoIum-
bia-l should feel inclined to concur in that
Judgment. 1 cannot, however. feel prepared 10
concur in the Judgment, as 1t is pronounced in
ha n bro hr s.,8N 49, Al -.
Public Wsks. when say that [ should he in
Cliued - COncrr in the Judgment thpt has BEEN
pronoDl eed, therefore ia the other clSe, it will
be understood that / concur IL the doctrine or
principle which has been anDOunc.i. That's
fhe doctrine or principle OF the decision. When
these cases were heard at the special term
L r ce.vcd very strong impre ssion or the in
caPo city of the Boardo OF Public Works 10 M ir-
tam Al action, or liability TO be sued / derived
that impression from the discussion which then
took place. and from q careful eIamna ton of
the act OF Congress creating that board, and IL
appeared TO me that il was like the other depart
m-nfs OF the government ike the legislative
and the executive departments ~ the govern
ment, and the other municipal dep,~tmen q
provided for in the act, tn at they had no more
corporate power, or corporate plcity tGan any
OF the other departments provided Tor The ar
gument st that time was based up1n the nv no1b-
esis that the Board OF Public Works created by
the act of February lest was a quasi corpora
ton, and as such they had the capacity OF fling
Now, it appeared to me, and it still appearst,
me, that AN Injunction bill can only be ma L
9y sectss WHOSE S rights Of
dividual, and IL il is brought in the
Individual capacity OF person, he must ser
forth some injury threatened to his property. I,
some rights of property that he has personally,
or some civil rights which he has perc 1nsIly
and that will be injuriously affected by the
threatened act against which injunction is
prayed.
Now, therefore. did not hesitate to boil, that
'hese person could not pray for an injunct On IN
right Of property that wss affected by the ''ti-
cation, and they had no civil right personal to
themselves that was threatened with injury bu,
hat IT was only in their public capacity. In
their official capacity, that they complained O
the ac's OF the defendant. / therefore he'd
that tie only body that was able ard
s pro- as -, parry to pray an iniupe-
Injured, and not the individuals holding the
offices provided for. Those reasons, among
Others, induced me at that time TO deny the
Public Works, reservine, however, il the Dis
trict of Columbia saw hit 70 institute a suit the
question as to whether the Injunction shall lie
animated at that time if, uron a cors.ruc-
ton of The act that it accorded with the act on
the right of tine District OF Colui1bie was
and avenues OF the Gig wss concerned, unt.l
the frat of June, when by the act itself the
CRATER OF tho corporation WIS TO expire. nnd
its officers to be abolished, and the District or
poIation.
1 am not prepared really to say that that wa
an erroneous view; but during the a.. cu-si.,
which has taken place here nv mind has been
led very strongly IN one direction and that IS as
u the lower of the city of Ws~hington
under its act OF Incorporation. ID let contfac-s
OF the nature which is provided for in this ordi-
nance. L learned with amazement that 10 bad
BEEN the practice of the civ ID let the contract,
out by the lump for the year, for each ward of
the CITY, without any previous estimate as p
the contemplat ed improvements; indeed with
out sny Improvements at all having been or
deled-becaue can see n at under such svs-
TEN as mat, II II were legal, il would simply be
monstrOus, ant that if il were not authorized bv
the letter or the law it should be condemned
everywhere. 1t appears, however, that for q
to submit, or has submitted, to this system of
jobbing, and il would be strange indeed il fire
most hagrant abuses had not been practiced. /
no authority from its charter to pass an ordi-
nance Of this descriptions; that IL was in
v violation OF public right: public justice,
in fact, it was against the genus of an cor
porate authority that city should have the
power to lump its contracts, as provided for iu |
term the question had been presented upon the
validity of a contract of this description that
should have been compelled to determine it was |
The question perhaps was not suifi GENTLY dis |
cussed here to warrant final deter mi alton OF
IT. and perhaps ! should not have expressed |
~ ocCiuouiy. nave sai1 enough, |
however, to show that in nv opinion no
acts, no legal contracts, were in exist |
enc at all. And 1 should therefore hold il the |
Judgment OF the cenrt had been pronounced IN |
be case Of the bill brought by the District of |
Columbia, that the injunction must issue,
while concurTing, therefore, in TIE princlnlI |
doctrine announced by the court L simply dir-
sent fIom us application to the case.
Judge Humphreys expressed general corcur-
renee IN the opinion a. announced by the Chief |
Justice.
THE MILITARY RKvIvAL.-The washiuy.on
Light Guard held q meeting last evening at
odd Fellows Hall, navy yard, when six1y adj
uilonal names were received and the following
ofhcers were elected: Donald McCatbran
CAPTAIN; A. ID. Shaw, LIST Lieutenant: j. IT,
J ART oe, I'd Lieutenant; VIM. X. Hall ORDERLY
Sergeant; Jas. Gibson. LIST Duty Sergeant:
Robert Mckenzie, I'd Duty Sergeant: CieOrre
Gates, 81 Duty Sergeant; NJ. l.. Alderman, 4th
Duty Sergeant.
There was a meeting OF young men az the
Columbian Law Buildings last ght to Organize
military company, at which Mr.. n. Ssrdo
ut sided. and committee TO draft a coustitu-
{ ION and bylaws was appointed, to report at a
fdtU.e meeting.
A meeting OF colored citizens was held Iast
night at Union League Hall for the purpose of
Perfectpg military organization. Mr.. Richard
Henderson presiding. 1t was determined that
the organization should be known as the
First Veteran Guards and should consist OF
AT leeSt i've hundred men. IL was decided to
ADMIT no one who was unable to urchase his
own uniform and who had not served in the
ia'e war Over forty names were enrolled and